Subpart A -- General
[TOP]
§261.1
Purpose and scope.
(a) This part identifies those solid wastes which are subject to regulation
as hazardous wastes under parts 262 through 265, 268, and parts 270, 271, and
124 of this chapter and which are subject to the notification requirements of
section 3010 of RCRA. In this part:
(1) Subpart A defines the terms "solid waste" and "hazardous waste",
identifies those wastes which are excluded from regulation under parts 262
through 266, 268 and 270 and establishes special management requirements for
hazardous waste produced by conditionally exempt small quantity generators and
hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by EPA to identify characteristics
of hazardous waste and to list particular hazardous wastes.
(3) Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous wastes.
(b)(1) The definition of solid waste contained in this part applies only to
wastes that also are hazardous for purposes of the regulations implementing
subtitle C of RCRA. For example, it does not apply to materials (such as
non-hazardous scrap, paper, textiles, or rubber) that are not otherwise
hazardous wastes and that are recycled.
(2) This part identifies only some of the materials which are solid wastes
and hazardous wastes under sections 3007, 3013, and 7003 of RCRA. A material
which is not defined as a solid waste in this part, or is not a hazardous waste
identified or listed in this part, is still a solid waste and a hazardous waste
for purposes of these sections if:
(i) In the case of sections 3007 and 3013, EPA has reason to believe that the
material may be a solid waste within the meaning of section 1004(27) of RCRA and
a hazardous waste within the meaning of section 1004(5) of RCRA; or
(ii) In the case of section 7003, the statutory elements are established.
(c) For the purposes of §§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 §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.
(5) A material is "used or reused" if it is either:
(i) Employed as an ingredient (including use as an intermediate) in an
industrial process to make a product (for example, distillation bottoms from one
process used as feedstock in another process). However, a material will not
satisfy this condition if distinct components of the material are recovered as
separate end products (as when metals are recovered from metal-containing
secondary materials); or
(ii) Employed in a particular function or application as an effective
substitute for a commercial product (for example, spent pickle liquor used as
phosphorous precipitant and sludge conditioner in wastewater treatment).
(6) "Scrap metal" is bits and pieces of metal parts (e.g.,) bars,
turnings, rods, sheets, wire) or metal pieces that may be combined together with
bolts or soldering (e.g., radiators, scrap automobiles, railroad box
cars), which when worn or superfluous can be recycled.
(7) A material is "recycled" if it is used, reused, or reclaimed.
(8) A material is "accumulated speculatively" if it is accumulated before
being recycled. A material is not accumulated speculatively, however, if the
person accumulating it can show that the material is potentially recyclable and
has a feasible means of being recycled; and that -- during the calendar year
(commencing on January 1) -- the amount of material that is recycled, or
transferred to a different site for recycling, equals at least 75 percent by
weight or volume of the amount of that material accumulated at the beginning of
the period. In calculating the percentage of turnover, the 75 percent
requirement is to be applied to each material of the same type (e.g.,
slags from a single smelting process) that is recycled in the same way
(i.e., from which the same material is recovered or that is used in the
same way). Materials accumulating in units that would be exempt from regulation
under §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
(§261.4(a)(13)).
(11) "Home scrap metal" is scrap metal as generated by steel mills,
foundries, and refineries such as turnings, cuttings, punchings, and borings.
(12) "Prompt scrap metal" is scrap metal as generated by the metal
working/fabrication industries and includes such scrap metal as turnings,
cuttings, punchings, and borings. Prompt scrap is also known as industrial or
new scrap metal.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983;
50 FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 1986;
62 FR 26018, May 12, 1997]
[TOP]
§261.2
Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded by
§261.4(a) or that is not excluded by variance granted under §§260.30 and 260.31.
(2) A discarded material is any material which is:
(i) Abandoned, as explained in paragraph (b) of this section; or
(ii) Recycled, as explained in paragraph (c) of this section; or
(iii) Considered inherently waste-like, as explained in paragraph (d)
of this section; or
(iv) A military munition identified as a solid waste in 40 CFR
266.202.
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not recycled) before or in lieu of
being abandoned by being disposed of, burned, or incinerated.
(c) Materials are solid wastes if they are recycled -- or accumulated,
stored, or treated before recycling -- as specified in paragraphs (c)(1) through
(4) of this section.
(1) Used in a manner constituting disposal. (i) Materials noted with a
"*" in Column 1 of Table I are solid wastes when they are:
(A) Applied to or placed on the land in a manner that constitutes disposal;
or
(B) Used to produce products that are applied to or placed on the land or are
otherwise contained in products that are applied to or placed on the land (in
which cases the product itself remains a solid waste).
(ii) However, commercial chemical products listed in §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 §261.33 are not solid
wastes if they are themselves fuels.
(3) Reclaimed. Materials noted with a "*" in column 3 of Table 1 are
solid wastes when reclaimed (except as provided under §261.4(a)(17)). Materials
noted with a " -- "in column 3 of Table 1 are not solid wastes when reclaimed.
(4) Accumulated speculatively. Materials noted with a "*" in column 4
of Table 1 are solid wastes when accumulated speculatively.
Table 1
----------------------------------------------------------------------------------------------------------------
Reclamation
(§
261.2(c)(3))
Use Energy (except as Speculative
constituting recovery/ provided in accumulation
disposal fuel (§ 261.4(a)(17) (§
(§ 261.2(c)(2)) for mineral 261.2(c)(4))
261.2(c)(1)) processing
secondary
materials)
----------------------------------------------------------------------------------------------------------------
1 2 3 4
----------------------------------------------------------------------------------------------------------------
Spent Materials......................................... (*) (*) (*) (*)
Sludges (listed in 40 CFR Part 261.31 or 261.32......... (*) (*) (*) (*)
Sludges exhibiting a characteristic of hazardous waste.. (*) (*) _ (*)
By-products (listed in 40 CFR 261.31 or 261.32)......... (*) (*) (*) (*)
By-products exhibiting a characteristic of hazardous (*) (*) _ (*)
waste..................................................
Commercial chemical products listed in 40 CFR 261.33.... (*) (*) _ _
Scrap metal other than excluded scrap metal (see (*) (*) (*) (*)
261.1(c)(9))...........................................
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
metal'' are defined in § 261.1.
(d) Inherently waste-like materials. The following materials are solid
wastes when they are recycled in any manner:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a
product at the site of generation), F022, F023, F026, and F028.
(2) Secondary materials fed to a halogen acid furnace that exhibit a
characteristic of a hazardous waste or are listed as a hazardous waste as
defined in subparts C or D of this part, except for brominated material that
meets the following criteria:
(i) The material must contain a bromine concentration of at least 45%; and
(ii) The material must contain less than a total of 1% of toxic organic
compounds listed in appendix VIII; and
(iii) The material is processed continually on-site in the halogen acid
furnace via direct conveyance (hard piping).
(3) The Administrator will use the following criteria to add wastes to that
list:
(i)(A) The materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents listed in appendix VIII of part
261 and these constituents are not ordinarily found in raw materials or products
for which the materials substitute (or are found in raw materials or products in
smaller concentrations) and are not used or reused during the recycling process;
and
(ii) The material may pose a substantial hazard to human health and the
environment when recycled.
(e) Materials that are not solid waste when recycled. (1) Materials
are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an industrial process to make a product,
provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes for commercial products; or
(iii) Returned to the original process from which they are generated, without
first being reclaimed or land disposed. The material must be returned as a
substitute for feedstock materials. In cases where the original process to which
the material is returned is a secondary process, the materials must be managed
such that there is no placement on the land. In cases where the materials are
generated and reclaimed within the primary mineral processing industry, the
conditions of the exclusion found at §261.4(a)(17) apply rather than this
paragraph.
(2) The following materials are solid wastes, even if the recycling involves
use, reuse, or return to the original process (described in paragraphs (e)(1)
(i) through (iii) of this section):
(i) Materials used in a manner constituting disposal, or used to produce
products that are applied to the land; or
(ii) Materials burned for energy recovery, used to produce a fuel, or
contained in fuels; or
(iii) Materials accumulated speculatively; or
(iv) Materials listed in paragraphs (d)(1) and (d)(2) of this section.
(f) Documentation of claims that materials are not solid wastes or are
conditionally exempt from regulation. Respondents in actions to enforce
regulations implementing subtitle C of RCRA who raise a claim that a certain
material is not a solid waste, or is conditionally exempt from regulation, must
demonstrate that there is a known market or disposition for the material, and
that they meet the terms of the exclusion or exemption. In doing so, they must
provide appropriate documentation (such as contracts showing that a second
person uses the material as an ingredient in a production process) to
demonstrate that the material is not a waste, or is exempt from regulation. In
addition, owners or operators of facilities claiming that they actually are
recycling materials must show that they have the necessary equipment to do so.
[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 27, 1991;
57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR 6651, Feb. 12,
1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26, 1998; 64 FR 24513, May 11,
1999; 67 FR 11253, Mar. 13, 2002]
[TOP]
§261.3
Definition of hazardous waste.
(a) A solid waste, as defined in §261.2, is a hazardous waste if:
(1) It is not excluded from regulation as a hazardous waste under §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 §261.4(b)(7)
and any other solid waste exhibiting a characteristic of hazardous waste under
subpart C is a hazardous waste only if it exhibits a characteristic that would
not have been exhibited by the excluded waste alone if such mixture had not
occurred, or if it continues to exhibit any of the characteristics exhibited by
the non-excluded wastes prior to mixture. Further, for the purposes of applying
the Toxicity Characteristic to such mixtures, the mixture is also a hazardous
waste if it exceeds the maximum concentration for any contaminant listed in
table I to §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 §§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 §§260.20 and 260.22, paragraph (g) of this section, or
paragraph (h) of this section; however, the following mixtures of solid wastes
and hazardous wastes listed in subpart D of this part are not hazardous wastes
(except by application of paragraph (a)(2)(i) or (ii) of this section) if the
generator can demonstrate that the mixture consists of wastewater the discharge
of which is subject to regulation under either section 402 or section 307(b) of
the Clean Water Act (including wastewater at facilities which have eliminated
the discharge of wastewater) and;
(A) One or more of the following solvents listed in §261.31 -- carbon
tetrachloride, tetrachloroethylene, trichloroethylene -- Provided, That
the maximum total weekly usage of these solvents (other than the amounts that
can be demonstrated not to be discharged to wastewater) divided by the average
weekly flow of wastewater into the headworks of the facility's wastewater
treatment or pretreatment system does not exceed 1 part per million; or
(B) One or more of the following spent solvents listed in §261.31 --
methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene,
cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents -- provided
that the maximum total weekly usage of these solvents (other than the amounts
that can be demonstrated not to be discharged to wastewater) divided by the
average weekly flow of wastewater into the headworks of the facility's
wastewater treatment or pretreatment system does not exceed 25 parts per
million; or
(C) One of the following wastes listed in §261.32, provided that the wastes
are discharged to the refinery oil recovery sewer before primary
oil/water/solids separation -- heat exchanger bundle cleaning sludge from the
petroleum refining industry (EPA Hazardous Waste No. K050), crude oil storage
tank sediment from petroleum refining operations (EPA Hazardous Waste No. K169),
clarified slurry oil tank sediment and/or in-line filter/separation solids from
petroleum refining operations (EPA Hazardous Waste No. K170), spent
hydrotreating catalyst (EPA Hazardous Waste No. K171), and spent hydrorefining
catalyst (EPA Hazardous Waste No. K172); or
(D) A discarded commercial chemical product, or chemical intermediate listed
in §261.33, arising from de minimis losses of these materials from
manufacturing operations in which these materials are used as raw materials or
are produced in the manufacturing process. For purposes of this paragraph
(a)(2)(iv)(D), "de minimis" losses include those from normal material handling
operations (e.g., spills from the unloading or transfer of materials from bins
or other containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks of process equipment, storage tanks or containers; leaks
from well maintained pump packings and seals; sample purgings; relief device
discharges; discharges from safety showers and rinsing and cleaning of personal
safety equipment; and rinsate from empty containers or from containers that are
rendered empty by that rinsing; or
(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 §261.32 -- wastewaters from
the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157)
-- Provided that the maximum weekly usage of formaldehyde, methyl chloride,
methylene chloride, and triethylamine (including all amounts that can not be
demonstrated to be reacted in the process, destroyed through treatment, or is
recovered, i.e., what is discharged or volatilized) divided by the average
weekly flow of process wastewater prior to any dilutions into the headworks of
the facility's wastewater treatment system does not exceed a total of 5 parts
per million by weight; or
(G) Wastewaters derived from the treatment of one or more of the following
wastes listed in §261.32 -- organic waste (including heavy ends, still bottoms,
light ends, spent solvents, filtrates, and decantates) from the production of
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156). -- Provided,
that the maximum concentration of formaldehyde, methyl chloride, methylene
chloride, and triethylamine prior to any dilutions into the headworks of the
facility's wastewater treatment system does not exceed a total of 5 milligrams
per liter.
(v) Rebuttable presumption for used oil. Used oil containing more than
1000 ppm total halogens is presumed to be a hazardous waste because it has been
mixed with halogenated hazardous waste listed in subpart D of part 261 of this
chapter. Persons may rebut this presumption by demonstrating that the used oil
does not contain hazardous waste (for example, by using an analytical method
from SW-846, Third Edition, to show that the used oil does not contain
significant concentrations of halogenated hazardous constituents listed in
appendix VIII of part 261 of this chapter). EPA Publication SW-846, Third
Edition, is available for the cost of $110.00 from the Government Printing
Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954.
202-512-1800 (document number 955-001-00000-1).
(A) The rebuttable presumption does not apply to metalworking oils/fluids
containing chlorinated paraffins, if they are processed, through a tolling
agreement, to reclaim metalworking oils/fluids. The presumption does apply to
metalworking oils/fluids if such oils/fluids are recycled in any other manner,
or disposed.
(B) The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. The rebuttable presumption does apply to used oils
contaminated with CFCs that have been mixed with used oil from sources other
than refrigeration units.
(b) A solid waste which is not excluded from regulation under paragraph
(a)(1) of this section becomes a hazardous waste when any of the following
events occur:
(1) In the case of a waste listed in subpart D of this part, when the waste
first meets the listing description set forth in subpart D of this part.
(2) In the case of a mixture of solid waste and one or more listed hazardous
wastes, when a hazardous waste listed in subpart D is first added to the solid
waste.
(3) In the case of any other waste (including a waste mixture), when the
waste exhibits any of the characteristics identified in subpart C of this part.
(c) Unless and until it meets the criteria of paragraph (d) of this section:
(1) A hazardous waste will remain a hazardous waste.
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h) of
this section, any solid waste generated from the treatment, storage, or disposal
of a 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
§261.6(a)(3)(iii) and (iv).
(C)(1) Nonwastewater residues, such as slag, resulting from high
temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in
units identified as rotary kilns, flame reactors, electric furnaces, plasma arc
furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or
industrial furnaces (as defined in paragraphs (6), (7), and (13) of the
definition for "Industrial furnace" in 40 CFR 260.10), that are disposed in
subtitle D units, provided that these residues meet the generic exclusion levels
identified in the tables in this paragraph for all constituents, and exhibit no
characteristics of hazardous waste. Testing requirements must be incorporated in
a facility's waste analysis plan or a generator's self-implementing waste
analysis plan; at a minimum, composite samples of residues must be collected and
analyzed quarterly and/or when the process or operation generating the waste
changes. Persons claiming this exclusion in an enforcement action will have the
burden of proving by clear and convincing evidence that the material meets all
of the exclusion requirements.
------------------------------------------------------------------------
Maximum for any
single
Constituent composite
sample_TCLP (mg/
l)
------------------------------------------------------------------------
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
Generic exclusion levels for F006 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Cyanide (total) (mg/kg)................................ 1.8
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
(2) A one-time notification and certification must be placed in the
facility's files and sent to the EPA region or authorized state for K061, K062
or F006 HTMR residues that meet the generic exclusion levels for all
constituents and do not exhibit any characteristics that are sent to subtitle D
units. The notification and certification that is placed in the generators or
treaters files must be updated if the process or operation generating the waste
changes and/or if the subtitle D unit receiving the waste changes. However, the
generator or treater need only notify the EPA region or an authorized state on
an annual basis if such changes occur. Such notification and certification
should be sent to the EPA region or authorized state by the end of the calendar
year, but no later than December 31. The notification must include the following
information: The name and address of the subtitle D unit receiving the waste
shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the
initial point of generation; and, the treatment 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 §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 §261.32 -- Spent hydrotreating catalyst (EPA Hazardous Waste No.
K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172).
(d) Any solid waste described in paragraph (c) of this section is not a
hazardous waste if it meets the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the
characteristics of hazardous waste identified in subpart C of this part.
(However, wastes that exhibit a characteristic at the point of generation may
still be subject to the requirements of part 268, even if they no longer exhibit
a characteristic at the point of land disposal.)
(2) In the case of a waste which is a listed waste under subpart D of this
part, contains a waste listed under subpart D of this part or is derived from a
waste listed in subpart D of this part, it also has been excluded from paragraph
(c) of this section under §§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 §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
§261.21, corrosivity as defined under §261.22, or reactivity as defined under
§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 §261.4(b)(7)
and a hazardous waste listed in subpart D of this part solely because it
exhibits one or more of the characteristics of ignitability, corrosivity, or
reactivity as regulated under paragraph (a)(2)(iv) of this section is not a
hazardous waste, if the mixture no longer exhibits any characteristic of
hazardous waste identified in subpart C of this part for which the hazardous
waste listed in subpart D of this part was listed.
(h)(1) Hazardous waste containing radioactive waste is no longer a hazardous
waste when it meets the eligibility criteria and conditions of 40 CFR part 266,
Subpart N ("eligible radioactive mixed waste").
(2) The exemption described in paragraph (h)(1) of this section also pertains
to:
(i) Any mixture of a solid waste and an eligible radioactive mixed waste; and
(ii) Any solid waste generated from treating, storing, or disposing of an
eligible radioactive mixed waste.
(3) Waste exempted under this section must meet the eligibility criteria and
specified conditions in 40 CFR 266.225 and 40 CFR 266.230 (for storage and
treatment) and in 40 CFR 266.310 and 40 CFR 266.315 (for transportation and
disposal). Waste that fails to satisfy these eligibility criteria and conditions
is regulated as hazardous waste.
[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 30,
1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR 28637, May 26,
1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16, 2001; 66 FR 50333, Oct. 3,
2001]
[TOP]
§261.4
Exclusions.
Link
to an amendment published at 67 FR 78730, Dec. 26, 2002.
(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 §261.1(c) of this chapter.
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is
accumulated speculatively as defined in §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 submits to the appropriate Regional Administrator or State Director a
one-time notification stating that the plant intends to claim the exclusion,
giving the date on which the plant intends to begin operating under the
exclusion, and containing the following language: "I have read the applicable
regulation establishing an exclusion for wood preserving wastewaters and spent
wood preserving solutions and understand it requires me to comply at all times
with the conditions set out in the regulation." The plant must maintain a copy
of that document in its on-site records for a period of no less than 3 years
from the date specified in the notice. The exclusion applies only so long as the
plant meets all of the conditions. If the plant goes out of compliance with any
condition, it may apply to the appropriate Regional Administrator or State
Director for reinstatement. The Regional Administrator or State Director may
reinstate the exclusion upon finding that the plant has returned to compliance
with all conditions and that violations are not likely to recur.
(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147,
and K148, and any wastes from the coke by-products processes that are hazardous
only because they exhibit the Toxicity Characteristic (TC) specified in section
261.24 of this part when, subsequent to generation, these materials are recycled
to coke ovens, to the tar recovery process as a feedstock to produce coal tar,
or mixed with coal tar prior to the tar's sale or refining. This exclusion is
conditioned on there being no land disposal of the wastes from the point they
are generated to the point they are recycled to coke ovens or tar recovery or
refining processes, or mixed with coal tar.
(11) Nonwastewater splash condenser dross residue from the treatment of K061
in high temperature metals recovery units, provided it is shipped in drums (if
shipped) and not land disposed before recovery.
(12) (i) Oil-bearing hazardous secondary materials (i.e., sludges,
byproducts, or spent materials) that are generated at a petroleum refinery (SIC
code 2911) and are inserted into the petroleum refining process (SIC code 2911
-- including, but not limited to, distillation, catalytic cracking,
fractionation, or thermal cracking units (i.e., cokers)) unless the material is
placed on the land, or speculatively accumulated before being so recycled.
Materials inserted into thermal cracking units are excluded under this
paragraph, provided that the coke product also does not exhibit a characteristic
of hazardous waste. Oil-bearing hazardous secondary materials may be inserted
into the same petroleum refinery where they are generated, or sent directly to
another petroleum refinery, and still be excluded under this provision. Except
as provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous
secondary materials generated elsewhere in the petroleum industry (i.e., from
sources other than petroleum refineries) are not excluded under this section.
Residuals generated from processing or recycling materials excluded under this
paragraph (a)(12)(i), where such materials as generated would have otherwise met
a listing under subpart D of this part, are designated as F037 listed wastes
when disposed of or intended for disposal.
(ii) Recovered oil that is recycled in the same manner and with the same
conditions as described in paragraph (a)(12)(i) of this section. Recovered oil
is oil that has been reclaimed from secondary materials (including wastewater)
generated from normal petroleum industry practices, including refining,
exploration and production, bulk storage, and transportation incident thereto
(SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789,
5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes
listed in subpart D of this part; however, oil recovered from such wastes may be
considered recovered oil. Recovered oil does not include used oil as defined in
40 CFR 279.1.
(13) Excluded scrap metal (processed scrap metal, unprocessed home scrap
metal, and unprocessed prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled provided that they are:
(i) Stored in containers sufficient to prevent a release to the environment
prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium batteries
and lithium batteries.
(15) Condensates derived from the overhead gases from kraft mill steam
strippers that are used to comply with 40 CFR 63.446(e). The exemption applies
only to combustion at the mill generating the condensates.
(16) Comparable fuels or comparable syngas fuels (i.e., comparable/syngas
fuels) that meet the requirements of §261.38.
(17) Spent materials (as defined in §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.
(vi) For purposes of paragraph (a)(7) of this section, mineral processing
spent materials must be the result of mineral processing and may not include any
listed hazardous wastes. Listed hazardous wastes and characteristic hazardous
wastes generated by non-mineral processing industries are not eligible for the
conditional exclusion from the definition of solid waste.
(18) Petrochemical recovered oil from an associated organic chemical
manufacturing facility, where the oil is to be inserted into the petroleum
refining process (SIC code 2911) along with normal petroleum refinery process
streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic of
ignitability (as defined in §261.21) and/or toxicity for benzene (§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
§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 §261.1 (c)(8).
(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary
materials that are to be incorporated into zinc fertilizers must:
(A) Submit a one-time notice to the Regional Administrator or State Director
in whose jurisdiction the exclusion is being claimed, which contains the name,
address and EPA ID number of the generator or intermediate handler facility,
provides a brief description of the secondary material that will be subject to
the exclusion, and identifies when the manufacturer intends to begin managing
excluded, zinc-bearing hazardous secondary materials under the conditions
specified in this paragraph (a)(20).
(B) Store the excluded secondary material in tanks, containers, or buildings
that are constructed and maintained in a way that prevents releases of the
secondary materials into the environment. At a minimum, any building used for
this purpose must be an engineered structure made of non-earthen materials that
provide structural support, and must have a floor, walls and a roof that prevent
wind dispersal and contact with rainwater. Tanks used for this purpose must be
structurally sound and, if outdoors, must have roofs or covers that prevent
contact with wind and rain. Containers used for this purpose must be kept closed
except when it is necessary to add or remove material, and must be in sound
condition. Containers that are stored outdoors must be managed within storage
areas that:
(1) have containment structures or systems sufficiently impervious to
contain leaks, spills and accumulated precipitation; and
(2) provide for effective drainage and removal of leaks, spills and
accumulated precipitation; and
(3) prevent run-on into the containment system.
(C) With each off-site shipment of excluded hazardous secondary materials,
provide written notice to the receiving facility that the material is subject to
the conditions of this paragraph (a)(20).
(D) Maintain at the generator's or intermediate handlers's facility for no
less than three years records of all shipments of excluded hazardous secondary
materials. For each shipment these records must at a minimum contain the
following information:
(1) Name of the transporter and date of the shipment;
(2) Name and address of the facility that received the excluded
material, and documentation confirming receipt of the shipment; and
(3) Type and quantity of excluded secondary material in each shipment.
(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made
from excluded hazardous secondary materials must:
(A) Store excluded hazardous secondary materials in accordance with the
storage requirements for generators and intermediate handlers, as specified in
paragraph (a)(20)(ii)(B) of this section.
(B) Submit a one-time notification to the Regional Administrator or State
Director that, at a minimum, specifies the name, address and EPA ID number of
the manufacturing facility, and identifies when the manufacturer intends to
begin managing excluded, zinc-bearing hazardous secondary materials under the
conditions specified in this paragraph (a)(20).
(C) Maintain for a minimum of three years records of all shipments of
excluded hazardous secondary materials received by the manufacturer, which must
at a minimum identify for each 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 §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 inparagraph (a)(20)(ii)(A) of this section, and that afterward
will be used only to store hazardous secondary materials excluded under this
paragraph, are not subject to the closure requirements of 40 CFR Parts 264 and
265.
(21) Zinc fertilizers made from hazardous wastes, or hazardous secondary
materials that are excluded under paragraph (a)(20) of this section, provided
that:
(i) The fertilizers meet the following contaminant limits:
(A) For metal contaminants:
------------------------------------------------------------------------
Maximum
Allowable
Total
Concentration
Constituent in
Fertilizer,
per Unit (1%)
of Zinc (ppm)
------------------------------------------------------------------------
Arsenic.................................................. 0.3
Cadmium.................................................. 1.4
Chromium................................................. 0.6
Lead..................................................... 2.8
Mercury.................................................. 0.3
------------------------------------------------------------------------
(B) For dioxin contaminants the fertilizer must contain no more than eight
(8) parts per trillion of dioxin, measured as toxic equivalent (TEQ).
(ii) The manufacturer performs sampling and analysis of the fertilizer
product to determine compliance with the contaminant limits for metals no less
than every six months, and for dioxins no less than every twelve months. Testing
must also be performed whenever changes occur to manufacturing processes or
ingredients that could significantly affect the amounts of contaminants in the
fertilizer product. The manufacturer may use any reliable analytical method to
demonstrate that no constituent of concern is present in the product at
concentrations above the applicable limits. It is the responsibility of the
manufacturer to ensure that the sampling and analysis are unbiased, precise, and
representative of the product(s) introduced into commerce.
(iii) The manufacturer maintains for no less than three years records of all
sampling and analyses performed for purposes of determining compliance with the
requirements of paragraph (a)(21)(ii) of this section. Such records must at a
minimum include:
(A) The dates and times product samples were taken, and the dates the samples
were analyzed;
(B) The names and qualifications of the person(s) taking the samples;
(C) A description of the methods and equipment used to take the samples;
(D) The name and address of the laboratory facility at which analyses of the
samples were performed;
(E) A description of the analytical methods used, including any cleanup and
sample preparation methods; and
(F) All laboratory analytical results used to determine compliance with the
contaminant limits specified in this paragraph (a)(21).
(b) Solid wastes which are not hazardous wastes. The following solid
wastes are not hazardous wastes:
(1) Household waste, including household waste that has been collected,
transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or
reused. "Household waste" means any material (including garbage, trash and
sanitary wastes in septic tanks) derived from households (including single and
multiple residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds and day-use recreation areas). A resource
recovery facility managing municipal solid waste shall not be deemed to be
treating, storing, disposing of, or otherwise managing hazardous wastes for the
purposes of regulation under this subtitle, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels, motels, and
other residential sources) and
(B) Solid waste from commercial or industrial sources that does not contain
hazardous waste; and
(ii) Such facility does not accept hazardous wastes and the owner or operator
of such facility has established contractual requirements or other appropriate
notification or inspection procedures to assure that hazardous wastes are not
received at or burned in such facility.
(2) Solid wastes generated by any of the following and which are returned to
the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission
control waste, generated primarily from the combusion of coal or other fossil
fuels, except as provided by §266.112 of this chapter for facilities that burn
or process hazardous waste.
(5) Drilling fluids, produced waters, and other wastes associated with the
exploration, development, or production of crude oil, natural gas or geothermal
energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic because
chromium is present or are listed in subpart D due to the presence of chromium,
which do not fail the test for the Toxicity Characteristic for any other
constituent or are not listed due to the presence of any other constituent, and
which do not fail the test for any other characteristic, if it is shown by a
waste generator or by waste generators that:
(A) The chromium in the waste is exclusively (or nearly exclusively)
trivalent chromium; and
(B) The waste is generated from an industrial process which uses trivalent
chromium exlcusively (or nearly exclusively) and the process does not generate
hexavalent chromium; and
(C) The waste is typically and frequently managed in non-oxidizing
environments.
(ii) Specific waste which meet the standard in paragraphs (b)(6)(i) (A), (B),
and (C) (so long as they do not fail the test for the toxicity characteristic
for any other constituent, and do not exhibit any other characteristic) are:
(A) Chrome (blue) trimmings generated by the following subcategories of the
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish;
hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the following subcategories of the
leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish;
hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(C) Buffing dust generated by the following subcategories of the leather
tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue.
(D) Sewer screenings generated by the following subcategories of the leather
tanning and finishing industry: Hair pulp/crome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by the following subcategories of
the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(F) Wastewater treatment sludes generated by the following subcategories of
the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet
finish; hair save/chrometan/retan/wet finish; and through-the-blue.
(G) Waste scrap leather from the leather tanning industry, the shoe
manufacturing industry, and other leather product manufacturing industries.
(H) Wastewater treatment sludges from the production of TiO 2
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 §266.112 of this chapter for facilities that
burn or process hazardous waste.
(i) For purposes of §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 §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 §266.112 of this chapter
for facilities that burn or process hazardous waste.
(9) Solid waste which consists of discarded arsenical-treated wood or wood
products which fails the test for the Toxicity Characteristic for Hazardous
Waste Codes D004 through D017 and which is not a hazardous waste for any other
reason if the waste is generated by persons who utilize the arsenical-treated
wood and wood product for these materials' intended end use.
(10) Petroleum-contaminated media and debris that fail the test for the
Toxicity Characteristic of §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
§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, and K178, if these wastes had been generated after the effective date of
the listing;
(ii) The solid wastes described in paragraph (b)(15)(i) of this section were
disposed prior to the effective date of the listing:
(iii) The leachate or gas condensate do not exhibit any characteristic of
hazardous waste nor are derived from any other listed hazardous waste;
(iv) Discharge of the leachate or gas condensate, including leachate or gas
condensate transferred from the landfill to a POTW by truck, rail, or dedicated
pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water
Act.
(v) As of February 13, 2001, leachate or gas condensate derived from
K169-K172 is no longer exempt if it is stored or managed in a surface
impoundment prior to discharge. After November 21, 2003, leachate or gas
condensate derived from K176, K177, and K178 will no longer be exempt if it is
stored or managed in a surface impoundment prior to discharge. There is one
exception: if the surface impoundment is used to temporarily store leachate or
gas condensate in response to an emergency situation (e.g., shutdown of
wastewater treatment system), provided the impoundment has a double liner, and
provided the leachate or gas condensate is removed from the impoundment and
continues to be managed in compliance with the conditions of this paragraph
(b)(15)(v) after the emergency ends.
(16) Sludges resulting from the treatment of wastewaters (not including spent
plating solutions) generated by the copper metallization process at the
International Business Machines Corporation (IBM) semiconductor manufacturing
facility in Essex Junction, VT, are exempt from the F006 listing, provided that:
(i) IBM provides the Agency with semi-annual reports (by January 15 and July
15 of each year) detailing constituent analyses measuring the concentrations of
volatiles, semi-volatiles, and metals using methods presented in part 264,
appendix IX of this chapter of both the plating solution utilized by, and the
rinsewaters generated by, the copper metallization process;
(ii) IBM provides the agency with semi-annual reports (by January 15 and July
15 of each year), through the year 2004, or when IBM has achieved its
facility-wide goal of a 40% reduction in greenhouse gas emissions from a 1995
base year (when normalized to production), whichever is first, that contain the
following:
(A) Estimated greenhouse gas emissions, and estimated greenhouse gas emission
reductions. Greenhouse gas emissions will be reported in terms of total mass
emitted and mass emitted normalized to production; and
(B) The number of chemical vapor deposition chambers used in the
semiconductor manufacturing production line that have been converted to either
low flow C 2F 6 or NF 3 during the reporting
period and the number of such chambers remaining to be converted to achieve the
facility goal for global warming gas emission reductions.
(iii) No significant changes are made to the copper metallization process
such that any of the constituents listed in 40 CFR part 261, appendix VII as the
basis for the F006 listing are introduced into the process.
(17) [Reserved]
(18) By-products resulting from the production of automobile air bag gas
generants at the Autoliv ASP Inc. facility in Promontory Utah, (Autoliv) are
exempt from the D003 listing, for a period of five years from May 9, 2001,
provided that:
(i) The by-product gas generants are processed on-site in Autoliv's Metal
Recovery Furnace (MRF).
(A) By-product gas generants must only be fed to the MRF when it is operating
in conformance with the State of Utah, Division of Air Quality's Approval Order
DAQE-549-97.
(B) Combustion gas temperature must be maintained below 400 degrees
Fahrenheit at the baghouse inlet.
(ii) Prior to processing in the MRF, the by-product gas generants are managed
in accordance with the requirements specified in 40 CFR 262.34.
(iii) The Autoliv facility and the MRF are operated and managed in accordance
with the requirements of 40 CFR Part 265, Subparts B, C, D, E, G, H, I, and O.
(iv) Residues derived from the processing of by-product gas generants in the
MRF are managed in accordance with the requirements specified in 40 CFR Parts
262 and 268.
(v) The following testing of the MRF's stack gas emissions is conducted:
(A) An initial test shall be conducted within 30 operating days of starting
feed of by-product gas generants to the MRF. EPA may extend this deadline, at
the request of Autoliv, when good cause is shown. The initial test shall consist
of three duplicate runs sampling for:
(1) Particulate matter using Method 5 as specified in 40 CFR Part 60,
Appendix A.
(2) The metals Aluminum, Arsenic, Barium, Beryllium, Boron, Cadmium,
Chromium, Cobalt, Copper, Lead, and Nickel using Method 29 as specified in 40
CFR Part 60, Appendix A.
(3) Polychlorinated di-benzo dioxins and furans using Method 23 0023A
as specified in 40 CFR Part 60, Appendix A.
(4) Carbon monoxide using Method 10 as specified in 40 CFR Part 60,
Appendix A.
(B) After the initial test is completed, an annual stack test (12 months from
the previous initial stack test) of the MRF shall be conducted. The annual tests
shall consist of three duplicate runs using Method 29 and Method 5 as specified
in 40 CFR Part 60, Appendix A.
(C) Testing shall be conducted while by-product gas generants are fed to the
MRF at no less than 90% of the planned maximum feed rate, and with the MRF
operating parameters within normal ranges.
(D) Initial stack testing results and additional project performance data and
information, including the quantity of by-product gas generants processed and
the operating parameter values during the test runs, will be submitted by
Autoliv to the State of Utah and EPA within 60 days of the completion of the
initial stack test.
(E) Annual stack test results and additional project performance data and
information, including the quantity of by-product gas generants processed and
the operating parameter values during the test runs, will be submitted by
Autoliv to EPA and the State of Utah within 60 days of the completion of the
annual test.
(vi) Combustion gas discharged to the atmosphere from the MRF meets the
following limits:
(A) Dioxin emissions do not exceed 0.4 ng per dry standard cubic meter on a
toxicity equivalent quotient (TEQ) basis corrected to 7% Oxygen.
(B) Combined lead and cadmium emissions do not exceed 240 ug per dry standard
cubic meter corrected to 7% Oxygen.
(C) Combined arsenic, beryllium, and chromium emissions do not exceed 97 ug
per dry standard cubic meter corrected to 7% Oxygen.
(D) Particulate matter emissions do not exceed 34 mg per dry standard cubic
meter corrected to 7% Oxygen.
(E) If the limits specified in paragraphs (b)(18)(vi)(A) through (D) of this
section are exceeded, Autoliv shall discontinue feeding gas generants to the MRF
until such time as Autoliv can demonstrate to EPA and the state of Utah
satisfaction that the MRF combustion gas emissions can meet the limits specified
in paragraphs (b)(18)(vi) (A) through (D) of this section
(vii) No by-product gas generants or other pyrotechnic wastes generated
off-site will be received at the Autoliv facility in Promontory, Utah or
processed in the MRF unless otherwise allowed by law (permit or regulation).
(viii) Autoliv will provide EPA and the state of Utah with semi-annual
reports (by January 30 and July 30 of each year).
(A) The semi-annual reports will document the amounts of by-product gas
generants processed during the reporting period.
(B) The semi-annual reports will provide a summary of the MRF Operating
Record during the reporting period, including information on by-product gas
generant composition, average feed rates, upset conditions, and spills or
releases.
(ix) No significant changes are made to the operating parameter production
values of Autoliv's production of air bag gas generants such that any of the
constituents listed in appendix VIII of this part are introduced into the
process.
(x) Autoliv reports to the EPA any noncompliance which may endanger health or
the environment orally within 24 hours from the time Autoliv becomes aware of
the circumstances, including:
(A) Any information of a release, discharge, fire, or explosion from the MRF,
which could threaten the environment or human health.
(B) The description of the occurrence and its cause shall include:
(1) Name, address, and telephone number of the facility;
(2) Date, time, and type of incident;
(3) Name and quantity of material(s) involved;
(4) The extent of injuries, if any;
(5) An assessment of actual or potential hazards to the environment
and human health, and
(6) Estimated quantity and disposition of recovered material that
resulted from the incident.
(C) A written notice shall also be provided within five days of the time
Autoliv becomes aware of the circumstances. The written notice shall contain a
description of the non-compliance and its cause; the period of noncompliance
including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
EPA may waive the five day written notice requirement in favor of a written
report within fifteen days.
(xi) Notifications and submissions made under paragraph (b)(18) of this
section shall be sent to the Regional Assistant Administrator for the Office of
Partnerships and Regulatory Assistance, U.S. EPA, Region 8 and the Executive
Secretary of the Utah Solid and Hazardous Waste Control Board.
(c) Hazardous wastes which are exempted from certain regulations. A hazardous
waste which is generated in a product or raw material storage tank, a product or
raw material transport vehicle or vessel, a product or raw material pipeline, or
in a manufacturing process unit or an associated
non-waste-treatment-manufacturing unit, is not subject to regulation under parts
262 through 265, 268, 270, 271 and 124 of this chapter or to the notification
requirements of section 3010 of RCRA until it exits the unit in which it was
generated, unless the unit is a surface impoundment, or unless the hazardous
waste remains in the unit more than 90 days after the unit ceases to be operated
for manufacturing, or for storage or transportation of product or raw materials.
(d) Samples. (1) Except as provided in paragraph (d)(2) of this
section, a sample of solid waste or a sample of water, soil, or air, which is
collected for the sole purpose of testing to determine its characteristics or
composition, is not subject to any requirements of this part or parts 262
through 268 or part 270 or part 124 of this chapter or to the notification
requirements of section 3010 of RCRA, when:
(i) The sample is being transported to a laboratory for the purpose of
testing; or
(ii) The sample is being transported back to the sample collector after
testing; or
(iii) The sample is being stored by the sample collector before transport to
a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but before it is
returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after testing
for a specific purpose (for example, until conclusion of a court case or
enforcement action where further testing of the sample may be necessary).
(2) In order to qualify for the exemption in paragraphs (d)(1) (i) and (ii)
of this section, a sample collector shipping samples to a laboratory and a
laboratory returning samples to a sample collector must:
(i) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service
(USPS), or any other applicable shipping requirements; or
(ii) Comply with the following requirements if the sample collector
determines that DOT, USPS, or other shipping requirements do not apply to the
shipment of the sample:
(A) Assure that the following information accompanies the sample:
(1) The sample collector's name, mailing address, and telephone
number;
(2) The laboratory's name, mailing address, and telephone number;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample.
(B) Package the sample so that it does not leak, spill, or vaporize from its
packaging.
(3) This exemption does not apply if the laboratory determines that the waste
is hazardous but the laboratory is no longer meeting any of the conditions
stated in paragraph (d)(1) of this section.
(e) Treatability Study Samples. (1) Except as provided in paragraph
(e)(2) of this section, persons who generate or collect samples for the purpose
of conducting treatability studies as defined in section 260.10, are not subject
to any requirement of parts 261 through 263 of this chapter or to the
notification requirements of Section 3010 of RCRA, nor are such samples included
in the quantity determinations of §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
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 §261.4(f) or has an appropriate RCRA permit or interim status.
(v) The generator or sample collector maintains the following records for a
period ending 3 years after completion of the treatability study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the treatability
study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the laboratory
or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under paragraph (e)(v)(C)
of this section in its biennial report.
(3) The Regional Administrator may grant requests on a case-by-case basis for
up to an additional two years for treatability studies involving bioremediation.
The Regional Administrator may grant requests on a case-by-case basis for
quantity limits in excess of those specified in paragraphs (e)(2) (i) and (ii)
and (f)(4) of this section, for up to an additional 5000 kg of media
contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous
waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of
acute hazardous waste:
(i) In response to requests for authorization to ship, store and conduct
treatabilty studies on additional quantities in advance of commencing
treatability studies. Factors to be considered in reviewing such requests
include the nature of the technology, the type of process (e.g., batch versus
continuous), size of the unit undergoing testing (particularly in relation to
scale-up considerations), the time/quantity of material required to reach steady
state operating conditions, or test design considerations such as mass balance
calculations.
(ii) In response to requests for authorization to ship, store and conduct
treatability studies on additional quantities after initiation or completion of
initial treatability studies, when: There has been an equipment or mechanical
failure during the conduct of a treatability study; there is a need to verify
the results of a previously conducted treatability study; there is a need to
study and analyze alternative techniques within a previously evaluated treatment
process; or there is a need to do further evaluation of an ongoing treatability
study to determine final specifications for treatment.
(iii) The additional quantities and timeframes allowed in paragraph (e)(3)
(i) and (ii) of this section are subject to all the provisions in paragraphs (e)
(1) and (e)(2) (iii) through (vi) of this section. The generator or sample
collector must apply to the Regional Administrator in the Region where the
sample is collected and provide in writing the following information:
(A) The reason why the generator or sample collector requires additional time
or quantity of sample for treatability study evaluation and the additional time
or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from the
waste stream which have been sent for or undergone treatability studies
including the date each previous sample from the waste stream was shipped, the
quantity of each previous shipment, the laboratory or testing facility to which
it was shipped, what treatability study processes were conducted on each sample
shipped, and the available results on each treatability study;
(C) A description of the technical modifications or change in specifications
which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or mechanical
failure, the applicant must include information regarding the reason for the
failure or breakdown and also include what procedures or equipment improvements
have been made to protect against further breakdowns; and
(E) Such other information that the Regional Administrator considers
necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and Testing
Facilities. Samples undergoing treatability studies and the laboratory or
testing facility conducting such treatability studies (to the extent such
facilities are not otherwise subject to RCRA requirements) are not subject to
any requirement of this part, part 124, parts 262-266, 268, and 270, or to the
notification requirements of Section 3010 of RCRA provided that the conditions
of paragraphs (f) (1) through (11) of this section are met. A mobile treatment
unit (MTU) may qualify as a testing facility subject to paragraphs (f) (1)
through (11) of this section. Where a group of MTUs are located at the same
site, the limitations specified in (f) (1) through (11) of this section apply to
the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting treatability studies, the facility
notifies the Regional Administrator, or State Director (if located in an
authorized State), in writing that it intends to conduct treatability studies
under this paragraph.
(2) The laboratory or testing facility conducting the treatability study has
an EPA identification number.
(3) No more than a total of 10,000 kg of "as received" media contaminated
with non-acute hazardous waste, 2500 kg of media contaminated with acute
hazardous waste or 250 kg of other "as received" hazardous waste is subject to
initiation of treatment in all treatability studies in any single day. "As
received" waste refers to the waste as received in the shipment from the
generator or sample collector.
(4) The quantity of "as received" hazardous waste stored at the facility for
the purpose of evaluation in treatability studies does not exceed 10,000 kg, the
total of which can include 10,000 kg of media contaminated with non-acute
hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000
kg of non-acute hazardous wastes other than contaminated media, and 1 kg of
acute hazardous waste. This quantity limitation does not include treatment
materials (including nonhazardous solid waste) added to "as received" hazardous
waste.
(5) No more than 90 days have elapsed since the treatability study for the
sample was completed, or no more than one year (two years for treatability
studies involving bioremediation) have elapsed since the generator or sample
collector shipped the sample to the laboratory or testing facility, whichever
date first occurs. Up to 500 kg of treated material from a particular waste
stream from treatability studies may be archived for future evaluation up to
five years from the date of initial receipt. Quantities of materials archived
are counted against the total storage limit for the facility.
(6) The treatability study does not involve the placement of hazardous waste
on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion of each
study that show compliance with the treatment rate limits and the storage time
and quantity limits. The following specific information must be included for
each treatability study conducted:
(i) The name, address, and EPA identification number of the generator or
sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of "as received" waste in storage each day;
(v) The date the treatment study was initiated and the amount of "as
received" waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the treatability
study were returned to the generator or sample collector or, if sent to a
designated facility, the name of the facility and the EPA identification number.
(8) The facility keeps, on-site, a copy of the treatability study contract
and all shipping papers associated with the transport of treatability study
samples to and from the facility for a period ending 3 years from the completion
date of each treatability study.
(9) The facility prepares and submits a report to the Regional Administrator,
or State Director (if located in an authorized State), by March 15 of each year
that estimates the number of studies and the amount of waste expected to be used
in treatability studies during the current year, and includes the following
information for the previous calendar year:
(i) The name, address, and EPA identification number of the facility
conducting the treatability studies;
(ii) The types (by process) of treatability studies conducted;
(iii) The names and addresses of persons for whom studies have been conducted
(including their EPA identification numbers);
(iv) The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected to treatability studies;
(vi) When each treatability study was conducted;
(vii) The final disposition of residues and unused sample from each
treatability study.
(10) The facility determines whether any unused sample or residues generated
by the treatability study are hazardous waste under §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
§261.4(e) exemption.
(11) The facility notifies the Regional Administrator, or State Director (if
located in an authorized State), by letter when the facility is no longer
planning to conduct any treatability studies at the site.
(g) Dredged material that is not a hazardous waste. Dredged material
that is subject to the requirements of a permit that has been issued under 404
of the Federal Water Pollution Control Act (33 U.S.C.1344) or section 103 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is not
a hazardous waste. For this paragraph (g), the following definitions apply:
(1) The term dredged material has the same meaning as defined in 40
CFR 232.2;
(2) The term permit means:
(i) A permit issued by the U.S. Army Corps of Engineers (Corps) or an
approved State under section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344);
(ii) A permit issued by the Corps under section 103 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of Corps civil works projects, the administrative
equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii) of this
section, as provided for in Corps regulations (for example, see 33 CFR 336.1,
336.2, and 337.6).
[45 FR 33119, May 19, 1980]
Editorial Note: For FEDERAL REGISTER citations affecting §261.4, see
the List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.
[TOP]
§261.5
Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator in a
calendar month if he generates no more than 100 kilograms of hazardous waste in
that month.
(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j)
of this section, a conditionally exempt small quantity generator's hazardous
wastes are not subject to regulation under parts 262 through 266, 268, and parts
270 and 124 of this chapter, and the notification requirements of section 3010
of RCRA, provided the generator complies with the requirements of paragraphs
(f), (g), and (j) of this section.
(c) When making the quantity determinations of this part and 40 CFR part 262,
the generator must include all hazardous waste that it generates, except
hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3),
261.7(a)(1), or 261.8; or
(2) Is managed immediately upon generation only in on-site elementary
neutralization units, wastewater treatment units, or totally enclosed treatment
facilities as defined in 40 CFR 260.10; or
(3) Is recycled, without prior storage or accumulation, only in an on-site
process subject to regulation under 40 CFR 261.6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40
CFR part 279; or
(5) Is spent lead-acid batteries managed under the requirements of 40 CFR
part 266, subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273.
(d) In determining the quantity of hazardous waste generated, a generator
need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including reclamation) of
his hazardous waste, so long as the hazardous waste that is treated was counted
once; or
(3) Spent materials that are generated, reclaimed, and subsequently reused
on-site, so long as such spent materials have been counted once.
(e) If a generator generates acute hazardous waste in a calendar month in
quantities greater than set forth below, all quantities of that acute hazardous
waste are subject to full regulation under parts 262 through 266, 268, and parts
270 and 124 of this chapter, and the notification requirements of section 3010
of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in §§261.31,
261.32, or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil, waste, or
other debris resulting from the clean-up of a spill, into or on any land or
water, of any acute hazardous wastes listed in §§261.31, 261.32, or
261.33(e).
[Comment: "Full regulation" means those regulations applicable to generators
of greater than 1,000 kg of non-acutely hazardous waste in a calendar
month.]
(f) In order for acute hazardous wastes generated by a generator of acute
hazardous wastes in quantities equal to or less than those set forth in
paragraph (e)(1) or (2) of this section to be excluded from full regulation
under this section, the generator must comply with the following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site. If he
accumulates at any time acute hazardous wastes in quantities greater than those
set forth in paragraph (e)(1) or (e)(2) of this section, all of those
accumulated wastes are subject to regulation under parts 262 through 266, 268,
and parts 270 and 124 of this chapter, and the applicable notification
requirements of section 3010 of RCRA. The time period of §262.34(a) of this
chapter, for accumulation of wastes on-site, begins when the accumulated wastes
exceed the applicable exclusion limit;
(3) A conditionally exempt small quantity generator may either treat or
dispose of his acute hazardous waste in an on-site facility or ensure delivery
to an off-site treatment, storage, or disposal facility, either of which, if
located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a hazardous waste
management program approved under part 271 of this chapter;
(iv) Permitted, licensed, or registered by a State to manage municipal solid
waste and, if managed in a municipal solid waste landfill is subject to Part 258
of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-municipal
non-hazardous waste and, if managed in a non-municipal non-hazardous waste
disposal unit after January 1, 1998, is subject to the requirements in §§257.5
through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its
waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a universal
waste handler or destination facility subject to the requirements of part 273 of
this chapter.
(g) In order for hazardous waste generated by a conditionally exempt small
quantity generator in quantities of less than 100 kilograms of hazardous waste
during a calendar month to be excluded from full regulation under this section,
the generator must comply with the following requirements:
(1) Section 262.11 of this chapter;
(2) The conditionally exempt small quantity generator may accumulate
hazardous waste on-site. If he accumulates at any time more than a total of 1000
kilograms of his hazardous wastes, all of those accumulated wastes are subject
to regulation under the special provisions of part 262 applicable to generators
of between 100 kg and 1000 kg of hazardous waste in a calendar month as well as
the requirements of parts 263 through 266, 268, and parts 270 and 124 of this
chapter, and the applicable notification requirements of section 3010 of RCRA.
The time period of §262.34(d) for accumulation of wastes on-site begins for a
conditionally exempt small quantity generator when the accumulated wastes exceed
1000 kilograms;
(3) A conditionally exempt small quantity generator may either treat or
dispose of his hazardous waste in an on-site facility or ensure delivery to an
off-site treatment, storage or disposal facility, either of which, if located in
the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a hazardous waste
management program approved under part 271 of this chapter;
(iv) Permitted, licensed, or registered by a State to manage municipal solid
waste and, if managed in a municipal solid waste landfill is subject to Part 258
of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-municipal
non-hazardous waste and, if managed in a non-municipal non-hazardous waste
disposal unit after January 1, 1998, is subject to the requirements in §§257.5
through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its
waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a universal
waste handler or destination facility subject to the requirements of part 273 of
this chapter.
(h) Hazardous waste subject to the reduced requirements of this section may
be mixed with non-hazardous waste and remain subject to these reduced
requirements even though the resultant mixture exceeds the quantity limitations
identified in this section, unless the mixture meets any of the characteristics
of hazardous waste identified in subpart C.
(i) If any person mixes a solid waste with a hazardous waste that exceeds a
quantity exclusion level of this section, the mixture is subject to full
regulation.
(j) If a conditionally exempt small quantity generator's wastes are mixed
with used oil, the mixture is subject to part 279 of this chapter if it is
destined to be burned for energy recovery. Any material produced from such a
mixture by processing, blending, or other treatment is also so regulated if it
is destined to be burned for energy recovery.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986;
51 FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3, 1993;
60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, May 6, 1998;
63 FR 37782, July 14, 1998]
[TOP]
§261.6
Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the requirements for
generators, transporters, and storage facilities of paragraphs (b) and (c) of
this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of
this section. Hazardous wastes that are recycled will be known as "recyclable
materials."
(2) The following recyclable materials are not subject to the requirements of
this section but are regulated under subparts C through O of part 266 of this
chapter and all applicable provisions in parts 270 and 124 of this chapter:
(i) Recyclable materials used in a manner constituting disposal (subpart C);
(ii) Hazardous wastes burned for energy recovery in boilers and industrial
furnaces that are not regulated under subpart O of part 264 or 265 of this
chapter (subpart H);
(iii) Recyclable materials from which precious metals are reclaimed (subpart
F);
(iv) Spent lead-acid batteries that are being reclaimed (subpart G).
(v) U.S. Filter Recovery Services XL waste (subpart O).
(3) The following recyclable materials are not subject to regulation under
parts 262 through parts 266 or parts 268, 270 or 124 of this chapter, and are
not subject to the notification requirements of section 3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that, unless provided
otherwise in an international agreement as specified in §262.58:
(A) A person initiating a shipment for reclamation in a foreign country, and
any intermediary arranging for the shipment, must comply with the requirements
applicable to a primary exporter in §§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 §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
§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 §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 §279.11 of this chapter; and
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining,
production, and transportation practices, which reclaimed oil is burned as a
fuel without reintroduction to a refining process, so long as the reclaimed oil
meets the used oil fuel specification under §279.11 of this chapter.
(4) Used oil that is recycled and is also a hazardous waste solely because it
exhibits a hazardous characteristic is not subject to the requirements of parts
260 through 268 of this chapter, but is regulated under part 279 of this
chapter. Used oil that is recycled includes any used oil which is reused,
following its original use, for any purpose (including the purpose for which the
oil was originally used). Such term includes, but is not limited to, oil which
is re-refined, reclaimed, burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported to or imported from designated member
countries of the Organization for Economic Cooperation and Development (OECD)
(as defined in §262.58(a)(1)) for purpose of recovery is subject to the
requirements of 40 CFR part 262, subpart H, if it is subject to either the
Federal manifesting requirements of 40 CFR Part 262, to the universal waste
management standards of 40 CFR Part 273, or to State requirements analogous to
40 CFR Part 273.
(b) Generators and transporters of recyclable materials are subject to the
applicable requirements of parts 262 and 263 of this chapter and the
notification requirements under section 3010 of RCRA, except as provided in
paragraph (a) of this section.
(c)(1) Owners and operators of facilities that store recyclable materials
before they are recycled are regulated under all applicable provisions of
subparts A though L, AA, BB, and CC of parts 264 and 265, and under parts 124,
266, 268, and 270 of this chapter and the notification requirements under
section 3010 of RCRA, except as provided in paragraph (a) of this section. (The
recycling process itself is exempt from regulation except as provided in
§261.6(d).)
(2) Owners or operators of facilities that recycle recyclable materials
without storing them before they are rcycled are subject to the following
requirements, except as provided in paragraph (a) of this section:
(i) Notification requirements under section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and
manifest discrepancies) of this chapter.
(iii) Section 261.6(d) of this chapter.
(d) Owners or operators of facilities subject to RCRA permitting requirements
with hazardous waste management units that recycle hazardous wastes are subject
to the requirements of subparts AA and BB of part 264 or 265 of this chapter.
[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986;
51 FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 21,
1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR 41612, Sept.
10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, 1995; 61 FR 16309,
Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 26019, May 12, 1997; 63 FR
24968, May 6, 1998; 63 FR 42185, Aug. 6, 1998; 66 FR 28085, May 22,
2001]
[TOP]
§261.7
Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either (i) an empty container or (ii)
an inner liner removed from an empty container, as defined in paragraph (b) of
this section, is not subject to regulation under parts 261 through 265, or part
268, 270 or 124 of this chapter or to the notification requirements of section
3010 of RCRA.
(2) Any hazardous waste in either (i) a container that is not empty or (ii)
an inner liner removed from a container that is not empty, as defined in
paragraph (b) of this section, is subject to regulation under parts 261 through
265, and parts 268, 270 and 124 of this chapter and to the notification
requirements of section 3010 of RCRA.
(b)(1) A container or an inner liner removed from a container that has held
any hazardous waste, except a waste that is a compressed gas or that is
identified as an acute hazardous waste listed in §§261.31, 261.32, or 261.33(e)
of this chapter is empty if:
(i) All wastes have been removed that can be removed using the practices
commonly employed to remove materials from that type of container, e.g.,
pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom
of the container or inner liner, or
(iii)(A) No more than 3 percent by weight of the total capacity of the
container remains in the container or inner liner if the container is less than
or equal to 110 gallons in size, or
(B) No more than 0.3 percent by weight of the total capacity of the container
remains in the container or inner liner if the container is greater than 110
gallons in size.
(2) A container that has held a hazardous waste that is a compressed gas is
empty when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed from a container that has held an
acute hazardous waste listed in §§261.31, 261.32, or 261.33(e) is empty if:
(i) The container or inner liner has been triple rinsed using a solvent
capable of removing the commercial chemical product or manufacturing chemical
intermediate;
(ii) The container or inner liner has been cleaned by another method that has
been shown in the scientific literature, or by tests conducted by the generator,
to achieve equivalent removal; or
(iii) In the case of a container, the inner liner that prevented contact of
the commercial chemical product or manufacturing chemical intermediate with the
container, has been removed.
[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982;
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7,
1986]
[TOP]
§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]
[TOP]
§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 §273.3 of this chapter;
(c) Thermostats as described in §273.4 of this chapter; and
(d) Lamps as described in §273.5 of this chapter.
[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6,
1999]
Subpart B -- Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
[TOP]
§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]
[TOP]
§261.11
Criteria for listing hazardous waste.
(a) The Administrator shall list a solid waste as a hazardous waste only upon
determining that the solid waste meets one of the following criteria:
(1) It exhibits any of the characteristics of hazardous waste identified in
subpart C.
(2) It has been found to be fatal to humans in low doses or, in the absence
of data on human toxicity, it has been shown in studies to have an oral LD 50
toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC 50
toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity
(rabbit) of less than 200 milligrams per kilogram or is otherwise capable of
causing or significantly contributing to an increase in serious irreversible, or
incapacitating reversible, illness. (Waste listed in accordance with these
criteria will be designated Acute Hazardous Waste.)
(3) It contains any of the toxic constituents listed in appendix VIII and,
after considering the following factors, the Administrator concludes that the
waste is capable of posing a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported or
disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation product of
the constituent to migrate from the waste into the environment under the types
of improper management considered in paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or any toxic degradation product of
the constituent.
(v) The potential for the constituent or any toxic degradation product of the
constituent to degrade into non-harmful constituents and the rate of
degradation.
(vi) The degree to which the constituent or any degradation product of the
constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste could be
subjected.
(viii) The quantities of the waste generated at individual generation sites
or on a regional or national basis.
(ix) The nature and severity of the human health and environmental damage
that has occurred as a result of the improper management of wastes containing
the constituent.
(x) Action taken by other governmental agencies or regulatory programs based
on the health or environmental hazard posed by the waste or waste constituent.
(xi) Such other factors as may be appropriate.
Substances will be listed on appendix VIII only if they have been shown in
scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects
on humans or other life forms.
(Wastes listed in accordance with these criteria will be designated Toxic
wastes.)
(b) The Administrator may list classes or types of solid waste as hazardous
waste if he has reason to believe that individual wastes, within the class or
type of waste, typically or frequently are hazardous under the definition of
hazardous waste found in section 1004(5) of the Act.
(c) The Administrator will use the criteria for listing specified in this
section to establish the exclusion limits referred to in §261.5(c).
[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57
FR 14, Jan. 2, 1992]
Subpart C -- Characteristics of Hazardous Waste
[TOP]
§261.20
General.
(a) A solid waste, as defined in §261.2, which is not excluded from
regulation as a hazardous waste under §261.4(b), is a hazardous waste if it
exhibits any of the characteristics identified in this subpart.
[Comment: §262.11 of this chapter sets forth the generator's
responsibility to determine whether his waste exhibits one or more of the
characteristics identified in this subpart]
(b) A hazardous waste which is identified by a characteristic in this subpart
is assigned every EPA Hazardous Waste Number that is applicable as set forth in
this subpart. This number must be used in complying with the notification
requirements of section 3010 of the Act and all applicable recordkeeping and
reporting requirements under parts 262 through 265, 268, and 270 of this
chapter.
(c) For purposes of this subpart, the Administrator will consider a sample
obtained using any of the applicable sampling methods specified in appendix I to
be a representative sample within the meaning of part 260 of this
chapter.
[Comment: Since the appendix I sampling methods are not being formally
adopted by the Administrator, a person who desires to employ an alternative
sampling method is not required to demonstrate the equivalency of his method
under the procedures set forth in §§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]
[TOP]
§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 °C (140 °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
§260.11), or a Setaflash Closed Cup Tester, using the test method specified in
ASTM Standard D-3278-78 (incorporated by reference, see §260.11), or as
determined by an equivalent test method approved by the Administrator under
procedures set forth in §§260.20 and 260.21.
(2) It is not a liquid and is capable, under standard temperature and
pressure, of causing fire through friction, absorption of moisture or
spontaneous chemical changes and, when ignited, burns so vigorously and
persistently that it creates a hazard.
(3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as
determined by the test methods described in that regulation or equivalent test
methods approved by the Administrator under §§260.20 and 260.21.
(4) It is an oxidizer as defined in 49 CFR 173.151.
(b) A solid waste that exhibits the characteristic of ignitability has the
EPA Hazardous Waste Number of D001.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981;
55 FR 22684, June 1, 1990]
[TOP]
§261.22
Characteristic of corrosivity.
(a) A solid waste exhibits the characteristic of corrosivity if a
representative sample of the waste has either of the following properties:
(1) It is aqueous and has a pH less than or equal to 2 or greater than or
equal to 12.5, as determined by a pH meter using Method 9040 in "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846,
as incorporated by reference in §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 °C (130 °F) as determined
by the test method specified in NACE (National Association of Corrosion
Engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated
by reference in §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]
[TOP]
§261.23
Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a
representative sample of the waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change without
detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes in a
quantity sufficient to present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste which, when exposed to pH
conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a
quantity sufficient to present a danger to human health or the environment.
(6) It is capable of detonation or explosive reaction if it is subjected to a
strong initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition or
reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A
explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49
CFR 173.88.
(b) A solid waste that exhibits the characteristic of reactivity has the EPA
Hazardous Waste Number of D003.
[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1,
1990]
[TOP]
§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 §260.11 of this chapter, the extract from a representative sample of the
waste contains any of the contaminants listed in table 1 at the concentration
equal to or greater than the respective value given in that table. Where the
waste contains less than 0.5 percent filterable solids, the waste itself, after
filtering using the methodology outlined in Method 1311, is considered to be the
extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity has the EPA
Hazardous Waste Number specified in Table I which corresponds to the toxic
contaminant causing it to be hazardous.
Table 1_Maximum Concentration of Contaminants for the Toxicity
Characteristic
------------------------------------------------------------------------
Regulatory
EPA HW No. \1\ Contaminant CAS No. \2\ Level (mg/
L)
------------------------------------------------------------------------
D004 Arsenic................... 7440-38-2 5.0
D005 Barium.................... 7440-39-3 100.0
D018 Benzene................... 71-43-2 0.5
D006 Cadmium................... 7440-43-9 1.0
D019 Carbon tetrachloride...... 56-23-5 0.5
D020 Chlordane................. 57-74-9 0.03
D021 Chlorobenzene............. 108-90-7 100.0
D022 Chloroform................ 67-66-3 6.0
D007 Chromium.................. 7440-47-3 5.0
D023 o-Cresol.................. 95-48-7 \4\ 200.0
D024 m-Cresol.................. 108-39-4 \4\ 200.0
D025 p-Cresol.................. 106-44-5 \4\ 200.0
D026 Cresol.................... ........... \4\ 200.0
D016 2,4-D..................... 94-75-7 10.0
D027 1,4-Dichlorobenzene....... 106-46-7 7.5
D028 1,2-Dichloroethane........ 107-06-2 0.5
D029 1,1-Dichloroethylene...... 75-35-4 0.7
D030 2,4-Dinitrotoluene........ 121-14-2 \3\ 0.13
D012 Endrin.................... 72-20-8 0.02
D031 Heptachlor (and its 76-44-8 0.008
epoxide).
D032 Hexachlorobenzene......... 118-74-1 \3\ 0.13
D033 Hexachlorobutadiene....... 87-68-3 0.5
D034 Hexachloroethane.......... 67-72-1 3.0
D008 Lead...................... 7439-92-1 5.0
D013 Lindane................... 58-89-9 0.4
D009 Mercury................... 7439-97-6 0.2
D014 Methoxychlor.............. 72-43-5 10.0
D035 Methyl ethyl ketone...... 78-93-3 200.0
D036 Nitrobenzene.............. 98-95-3 2.0
D037 Pentrachlorophenol........ 87-86-5 100.0
D038 Pyridine.................. 110-86-1 \3\ 5.0
D010 Selenium.................. 7782-49-2 1.0
D011 Silver.................... 7440-22-4 5.0
D039 Tetrachloroethylene....... 127-18-4 0.7
D015 Toxaphene................. 8001-35-2 0.5
D040 Trichloroethylene......... 79-01-6 0.5
D041 2,4,5-Trichlorophenol..... 95-95-4 400.0
D042 2,4,6-Trichlorophenol..... 88-06-2 2.0
D017 2,4,5-TP (Silvex)......... 93-72-1 1.0
D043 Vinyl chloride............ 75-01-4 0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
\3\ Quantitation limit is greater than the calculated regulatory level.
The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
total cresol (D026) concentration is used. The regulatory level of
total cresol is 200 mg/l.
[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990;
55 FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67 FR 11254, Mar. 13,
2002]
Subpart D -- Lists of Hazardous Wastes
[TOP]
§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 §§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 (E)
Characteristic
Waste
Acute Hazardous (H)
Waste
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
§§261.31 and 261.32.
(c) Each hazardous waste listed in this subpart is assigned an EPA Hazardous
Waste Number which precedes the name of the waste. This number must be used in
complying with the notification requirements of Section 3010 of the Act and
certain recordkeeping and reporting requirements under parts 262 through 265,
268, and part 270 of this chapter.
(d) The following hazardous wastes listed in §261.31 or §261.32 are subject
to the exclusion limits for acutely hazardous wastes established in §261.5: EPA
Hazardous Wastes Nos. FO20, FO21, FO22, FO23, FO26, and FO27.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983;
50 FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29,
1990]
[TOP]
§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 §§260.20 and 260.22 and listed in
appendix IX.
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Generic:
F001......................... The following spent (T)
halogenated solvents
used in degreasing:
Tetrachloroethylene,
trichloroethylene,
methylene chloride,
1,1,1-trichloroethane,
carbon tetrachloride,
and chlorinated
fluorocarbons; all spent
solvent mixtures/blends
used in degreasing
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the above
halogenated solvents or
those solvents listed in
F002, F004, and F005;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F002......................... The following spent (T)
halogenated solvents:
Tetrachloroethylene,
methylene chloride,
trichloroethylene, 1,1,1-
trichloroethane,
chlorobenzene, 1,1,2-
trichloro-1,2,2-
trifluoroethane, ortho-
dichlorobenzene,
trichlorofluoromethane,
and 1,1,2-
trichloroethane; all
spent solvent mixtures/
blends containing,
before use, a total of
ten percent or more (by
volume) of one or more
of the above halogenated
solvents or those listed
in F001, F004, or F005;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F003......................... The following spent non- (I)*
halogenated solvents:
Xylene, acetone, ethyl
acetate, ethyl benzene,
ethyl ether, methyl
isobutyl ketone, n-butyl
alcohol, cyclohexanone,
and methanol; all spent
solvent mixtures/blends
containing, before use,
only the above spent non-
halogenated solvents;
and all spent solvent
mixtures/blends
containing, before use,
one or more of the above
non-halogenated
solvents, and, a total
of ten percent or more
(by volume) of one or
more of those solvents
listed in F001, F002,
F004, and F005; and
still bottoms from the
recovery of these spent
solvents and spent
solvent mixtures.
F004......................... The following spent non- (T)
halogenated solvents:
Cresols and cresylic
acid, and nitrobenzene;
all spent solvent
mixtures/blends
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the above
non-halogenated solvents
or those solvents listed
in F001, F002, and F005;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F005......................... The following spent non- (I,T)
halogenated solvents:
Toluene, methyl ethyl
ketone, carbon
disulfide, isobutanol,
pyridine, benzene, 2-
ethoxyethanol, and 2-
nitropropane; all spent
solvent mixtures/blends
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the above
non-halogenated solvents
or those solvents listed
in F001, F002, or F004;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F006......................... Wastewater treatment (T)
sludges from
electroplating
operations except from
the following processes:
(1) Sulfuric acid
anodizing of aluminum;
(2) tin plating on
carbon steel; (3) zinc
plating (segregated
basis) on carbon steel;
(4) aluminum or zinc-
aluminum plating on
carbon steel; (5)
cleaning/stripping
associated with tin,
zinc and aluminum
plating on carbon steel;
and (6) chemical etching
and milling of aluminum.
F007......................... Spent cyanide plating (R, T)
bath solutions from
electroplating
operations.
F008......................... Plating bath residues (R, T)
from the bottom of
plating baths from
electroplating
operations where
cyanides are used in the
process.
F009......................... Spent stripping and (R, T)
cleaning bath solutions
from electroplating
operations where
cyanides are used in the
process.
F010......................... Quenching bath residues (R, T)
from oil baths from
metal heat treating
operations where
cyanides are used in the
process.
F011......................... Spent cyanide solutions (R, T)
from salt bath pot
cleaning from metal heat
treating operations.
F012......................... Quenching waste water (T)
treatment sludges from
metal heat treating
operations where
cyanides are used in the
process.
F019......................... Wastewater treatment (T)
sludges from the
chemical conversion
coating of aluminum
except from zirconium
phosphating in aluminum
can washing when such
phosphating is an
exclusive conversion
coating process.
F020......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tri- or
tetrachlorophenol, or of
intermediates used to
produce their pesticide
derivatives. (This
listing does not include
wastes from the
production of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F021......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
pentachlorophenol, or of
intermediates used to
produce its derivatives.
F022......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tetra-, penta-, or
hexachlorobenzenes under
alkaline conditions.
F023......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production of materials
on equipment previously
used for the production
or manufacturing use (as
a reactant, chemical
intermediate, or
component in a
formulating process) of
tri- and
tetrachlorophenols.
(This listing does not
include wastes from
equipment used only for
the production or use of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F024......................... Process wastes, including (T)
but not limited to,
distillation residues,
heavy ends, tars, and
reactor clean-out
wastes, from the
production of certain
chlorinated aliphatic
hydrocarbons by free
radical catalyzed
processes. These
chlorinated aliphatic
hydrocarbons are those
having carbon chain
lengths ranging from one
to and including five,
with varying amounts and
positions of chlorine
substitution. (This
listing does not include
wastewaters, wastewater
treatment sludges, spent
catalysts, and wastes
listed in § 261.31
or § 261.32.).
F025......................... Condensed light ends, (T)
spent filters and filter
aids, and spent
desiccant wastes from
the production of
certain chlorinated
aliphatic hydrocarbons,
by free radical
catalyzed processes.
These chlorinated
aliphatic hydrocarbons
are those having carbon
chain lengths ranging
from one to and
including five, with
varying amounts and
positions of chlorine
substitution.
F026......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production of materials
on equipment previously
used for the
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tetra-, penta-, or
hexachlorobenzene under
alkaline conditions.
F027......................... Discarded unused (H)
formulations containing
tri-, tetra-, or
pentachlorophenol or
discarded unused
formulations containing
compounds derived from
these chlorophenols.
(This listing does not
include formulations
containing
Hexachlorophene
sythesized from
prepurified 2,4,5-
trichlorophenol as the
sole component.).
F028......................... Residues resulting from (T)
the incineration or
thermal treatment of
soil contaminated with
EPA Hazardous Waste Nos.
F020, F021, F022, F023,
F026, and F027.
F032......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
currently use or have
previously used
chlorophenolic
formulations (except
potentially cross-
contaminated wastes that
have had the F032 waste
code deleted in
accordance with §
261.35 of this chapter
or potentially cross-
contaminated wastes that
are otherwise currently
regulated as hazardous
wastes (i.e., F034 or
F035), and where the
generator does not
resume or initiate use
of chlorophenolic
formulations). This
listing does not include
K001 bottom sediment
sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F034......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use creosote
formulations. This
listing does not include
K001 bottom sediment
sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F035......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use inorganic
preservatives containing
arsenic or chromium.
This listing does not
include K001 bottom
sediment sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F037......................... Petroleum refinery (T)
primary oil/water/solids
separation sludge_Any
sludge generated from
the gravitational
separation of oil/water/
solids during the
storage or treatment of
process wastewaters and
oil cooling wastewaters
from petroleum
refineries. Such sludges
include, but are not
limited to, those
generated in oil/water/
solids separators; tanks
and impoundments;
ditches and other
conveyances; sumps; and
stormwater units
receiving dry weather
flow. Sludge generated
in stormwater units that
do not receive dry
weather flow, sludges
generated from non-
contact once-through
cooling waters
segregated for treatment
from other process or
oily cooling waters,
sludges generated in
aggressive biological
treatment units as
defined in §
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 §
261.4(a)(12)(i), if
those residuals are to
be disposed of..
F038......................... Petroleum refinery (T)
secondary (emulsified)
oil/water/solids
separation sludge_Any
sludge and/or float
generated from the
physical and/or chemical
separation of oil/water/
solids in process
wastewaters and oily
cooling wastewaters from
petroleum refineries.
Such wastes include, but
are not limited to, all
sludges and floats
generated in: induced
air flotation (IAF)
units, tanks and
impoundments, and all
sludges generated in DAF
units. Sludges generated
in stormwater units that
do not receive dry
weather flow, sludges
generated from non-
contact once-through
cooling waters
segregated for treatment
from other process or
oily cooling waters,
sludges and floats
generated in aggressive
biological treatment
units as defined in
§ 261.31(b)(2)
(including sludges and
floats generated in one
or more additional units
after wastewaters have
been treated in
aggressive biological
treatment units) and
F037, K048, and K051
wastes are not included
in this listing.
F039......................... Leachate (liquids that (T)
have percolated through
land disposed wastes)
resulting from the
disposal of more than
one restricted waste
classified as hazardous
under subpart D of this
part. (Leachate
resulting from the
disposal of one or more
of the following EPA
Hazardous Wastes and no
other Hazardous Wastes
retains its EPA
Hazardous Waste
Number(s): F020, F021,
F022, F026, F027, and/or
F028.).
------------------------------------------------------------------------
(b) Listing Specific Definitions: (1) For the purposes of the F037 and F038
listings, oil/water/solids is defined as oil and/or water and/or solids.(2) (i)
For the purposes of the F037 and F038 listings, aggressive biological treatment
units are defined as units which employ one of the following four treatment
methods: activated sludge; trickling filter; rotating biological contactor for
the continuous accelerated biological oxidation of wastewaters; or high-rate
aeration. High-rate aeration is a system of surface impoundments or tanks, in
which intense mechanical aeration is used to completely mix the wastes, enhance
biological activity, and (A) the units employ a minimum of 6 hp per million
gallons of treatment volume; and either (B) the hydraulic retention time of the
unit is no longer than 5 days; or (C) the hydraulic retention time is no longer
than 30 days and the unit does not generate a sludge that is a hazardous waste
by the Toxicity Characteristic.
(ii) Generators and treatment, storage and disposal facilities have the
burden of proving that their sludges are exempt from listing as F037 and F038
wastes under this definition. Generators and treatment, storage and disposal
facilities must maintain, in their operating or other onsite records, documents
and data sufficient to prove that: (A) the unit is an aggressive biological
treatment unit as defined in this subsection; and (B) the sludges sought to be
exempted from the definitions of F037 and/or F038 were actually generated in the
aggressive biological treatment unit.
(3) (i) For the purposes of the F037 listing, sludges are considered to be
generated at the moment of deposition in the unit, where deposition is defined
as at least a temporary cessation of lateral particle movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at the moment of deposition in the
unit, where deposition is defined as at least a temporary cessation of lateral
particle movement and
(B) floats are considered to be generated at the moment they are formed in
the top of the unit. [46 FR 4617, Jan. 16, 1981]
Editorial Note: For FEDERAL REGISTER citations affecting §261.31, see
the List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.
[TOP]
§261.32
Hazardous wastes from specific sources.
The following solid wastes are listed hazardous wastes from specific sources
unless they are excluded under §§260.20 and 260.22 and listed in appendix IX.
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Wood preservation: K001........ Bottom sediment sludge (T)
from the treatment of
wastewaters from wood
preserving processes
that use creosote and/or
pentachlorophenol.
Inorganic pigments:
K002......................... Wastewater treatment (T)
sludge from the
production of chrome
yellow and orange
pigments.
K003......................... Wastewater treatment (T)
sludge from the
production of molybdate
orange pigments.
K004......................... Wastewater treatment (T)
sludge from the
production of zinc
yellow pigments.
K005......................... Wastewater treatment (T)
sludge from the
production of chrome
green pigments.
K006......................... Wastewater treatment (T)
sludge from the
production of chrome
oxide green pigments
(anhydrous and hydrated).
K007......................... Wastewater treatment (T)
sludge from the
production of iron blue
pigments.
K008......................... Oven residue from the (T)
production of chrome
oxide green pigments.
Organic chemicals:
K009......................... Distillation bottoms from (T)
the production of
acetaldehyde from
ethylene.
K010......................... Distillation side cuts (T)
from the production of
acetaldehyde from
ethylene.
K011......................... Bottom stream from the (R, T)
wastewater stripper in
the production of
acrylonitrile.
K013......................... Bottom stream from the (R, T)
acetonitrile column in
the production of
acrylonitrile.
K014......................... Bottoms from the (T)
acetonitrile
purification column in
the production of
acrylonitrile.
K015......................... Still bottoms from the (T)
distillation of benzyl
chloride.
K016......................... Heavy ends or (T)
distillation residues
from the production of
carbon tetrachloride.
K017......................... Heavy ends (still (T)
bottoms) from the
purification column in
the production of
epichlorohydrin.
K018......................... Heavy ends from the (T)
fractionation column in
ethyl chloride
production.
K019......................... Heavy ends from the (T)
distillation of ethylene
dichloride in ethylene
dichloride production.
K020......................... Heavy ends from the (T)
distillation of vinyl
chloride in vinyl
chloride monomer
production.
K021......................... Aqueous spent antimony (T)
catalyst waste from
fluoromethanes
production.
K022......................... Distillation bottom tars (T)
from the production of
phenol/acetone from
cumene.
K023......................... Distillation light ends (T)
from the production of
phthalic anhydride from
naphthalene.
K024......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
naphthalene.
K025......................... Distillation bottoms from (T)
the production of
nitrobenzene by the
nitration of benzene.
K026......................... Stripping still tails (T)
from the production of
methy ethyl pyridines.
K027......................... Centrifuge and (R, T)
distillation residues
from toluene
diisocyanate production.
K028......................... Spent catalyst from the (T)
hydrochlorinator reactor
in the production of
1,1,1-trichloroethane.
K029......................... Waste from the product (T)
steam stripper in the
production of 1,1,1-
trichloroethane.
K030......................... Column bottoms or heavy (T)
ends from the combined
production of
trichloroethylene and
perchloroethylene.
K083......................... Distillation bottoms from (T)
aniline production.
K085......................... Distillation or (T)
fractionation column
bottoms from the
production of
chlorobenzenes.
K093......................... Distillation light ends (T)
from the production of
phthalic anhydride from
ortho-xylene.
K094......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
ortho-xylene.
K095......................... Distillation bottoms from (T)
the production of 1,1,1-
trichloroethane.
K096......................... Heavy ends from the heavy (T)
ends column from the
production of 1,1,1-
trichloroethane.
K103......................... Process residues from (T)
aniline extraction from
the production of
aniline.
K104......................... Combined wastewater (T)
streams generated from
nitrobenzene/aniline
production.
K105......................... Separated aqueous stream (T)
from the reactor product
washing step in the
production of
chlorobenzenes.
K107......................... Column bottoms from (C,T)
product separation from
the production of 1,1-
dimethyl-hydrazine
(UDMH) from carboxylic
acid hydrazines.
K108......................... Condensed column (I,T)
overheads from product
separation and condensed
reactor vent gases from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K109......................... Spent filter cartridges (T)
from product
purification from the
production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K110......................... Condensed column (T)
overheads from
intermediate separation
from the production of
1,1-dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
K111......................... Product washwaters from (C,T)
the production of
dinitrotoluene via
nitration of toluene.
K112......................... Reaction by-product water (T)
from the drying column
in the production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K113......................... Condensed liquid light (T)
ends from the
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K114......................... Vicinals from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K115......................... Heavy ends from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K116......................... Organic condensate from (T)
the solvent recovery
column in the production
of toluene diisocyanate
via phosgenation of
toluenediamine.
K117......................... Wastewater from the (T)
reactor vent gas
scrubber in the
production of ethylene
dibromide via
bromination of ethene.
K118......................... Spent adsorbent solids (T)
from purification of
ethylene dibromide in
the production of
ethylene dibromide via
bromination of ethene.
K136......................... Still bottoms from the (T)
purification of ethylene
dibromide in the
production of ethylene
dibromide via
bromination of ethene.
K149......................... Distillation bottoms from (T)
the production of alpha-
(or methyl-) chlorinated
toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
of these functional
groups, (This waste does
not include still
bottoms from the
distillation of benzyl
chloride.).
K150......................... Organic residuals, (T)
excluding spent carbon
adsorbent, from the
spent chlorine gas and
hydrochloric acid
recovery processes
associated with the
production of alpha- (or
methyl-) chlorinated
toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
of these functional
groups.
K151......................... Wastewater treatment (T)
sludges, excluding
neutralization and
biological sludges,
generated during the
treatment of wastewaters
from the production of
alpha- (or methyl-)
chlorinated toluenes,
ring-chlorinated
toluenes, benzoyl
chlorides, and compounds
with mixtures of these
functional groups.
K156......................... Organic waste (including (T)
heavy ends, still
bottoms, light ends,
spent solvents,
filtrates, and
decantates) from the
production of carbamates
and carbamoyl oximes.
(This listing does not
apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K157......................... Wastewaters (including (T)
scrubber waters,
condenser waters,
washwaters, and
separation waters) from
the production of
carbamates and carbamoyl
oximes. (This listing
does not apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K158......................... Bag house dusts and (T)
filter/separation solids
from the production of
carbamates and carbamoyl
oximes. (This listing
does not apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K159......................... Organics from the (T)
treatment of
thiocarbamate wastes.
K161......................... Purification solids (R,T)
(including filtration,
evaporation, and
centrifugation solids),
bag house dust and floor
sweepings from the
production of
dithiocarbamate acids
and their salts. (This
listing does not include
K125 or K126.).
K174......................... Wastewater treatment (T)
sludges from the
production of ethylene
dichloride or vinyl
chloride monomer
(including sludges that
result from commingled
ethylene dichloride or
vinyl chloride monomer
wastewater and other
wastewater), unless the
sludges meet the
following conditions:
(i) they are disposed of
in a subtitle C or non-
hazardous landfill
licensed or permitted by
the state or federal
government; (ii) they
are not otherwise placed
on the land prior to
final disposal; and
(iii) the generator
maintains documentation
demonstrating that the
waste was either
disposed of in an on-
site landfill or
consigned to a
transporter or disposal
facility that provided a
written commitment to
dispose of the waste in
an off-site landfill.
Respondents in any
action brought to
enforce the requirements
of subtitle C must, upon
a showing by the
government that the
respondent managed
wastewater treatment
sludges from the
production of vinyl
chloride monomer or
ethylene dichloride,
demonstrate that they
meet the terms of the
exclusion set forth
above. In doing so, they
must provide appropriate
documentation (e.g.,
contracts between the
generator and the
landfill owner/operator,
invoices documenting
delivery of waste to
landfill, etc.) that the
terms of the exclusion
were met.
K175......................... Wastewater treatment (T)
sludges from the
production of vinyl
chloride monomer using
mercuric chloride
catalyst in an acetylene-
based process.
Inorganic chemicals:
K071......................... Brine purification muds (T)
from the mercury cell
process in chlorine
production, where
separately prepurified
brine is not used.
K073......................... Chlorinated hydrocarbon (T)
waste from the
purification step of the
diaphragm cell process
using graphite anodes in
chlorine production.
K106......................... Wastewater treatment (T)
sludge from the mercury
cell process in chlorine
production.
K176......................... Baghouse filters from the (E)
production of antimony
oxide, including filters
from the production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
K177......................... Slag from the production (T)
of antimony oxide that
is speculatively
accumulated or disposed,
including slag from the
production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
K178......................... Residues from (T)
manufacturing and
manufacturing-site
storage of ferric
chloride from acids
formed during the
production of titanium
dioxide using the
chloride-ilmenite
process.
Pesticides:
K031......................... By-product salts (T)
generated in the
production of MSMA and
cacodylic acid.
K032......................... Wastewater treatment (T)
sludge from the
production of chlordane.
K033......................... Wastewater and scrub (T)
water from the
chlorination of
cyclopentadiene in the
production of chlordane.
K034......................... Filter solids from the (T)
filtration of
hexachlorocyclopentadien
e in the production of
chlordane.
K035......................... Wastewater treatment (T)
sludges generated in the
production of creosote.
K036......................... Still bottoms from (T)
toluene reclamation
distillation in the
production of disulfoton.
K037......................... Wastewater treatment (T)
sludges from the
production of disulfoton.
K038......................... Wastewater from the (T)
washing and stripping of
phorate production.
K039......................... Filter cake from the (T)
filtration of
diethylphosphorodithioic
acid in the production
of phorate.
K040......................... Wastewater treatment (T)
sludge from the
production of phorate.
K041......................... Wastewater treatment (T)
sludge from the
production of toxaphene.
K042......................... Heavy ends or (T)
distillation residues
from the distillation of
tetrachlorobenzene in
the production of 2,4,5-
T.
K043......................... 2,6-Dichlorophenol waste (T)
from the production of
2,4-D.
K097......................... Vacuum stripper discharge (T)
from the chlordane
chlorinator in the
production of chlordane.
K098......................... Untreated process (T)
wastewater from the
production of toxaphene.
K099......................... Untreated wastewater from (T)
the production of 2,4-D.
K123......................... Process wastewater (T)
(including supernates,
filtrates, and
washwaters) from the
production of
ethylenebisdithiocarbami
c acid and its salt.
K124......................... Reactor vent scrubber (C, T)
water from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K125......................... Filtration, evaporation, (T)
and centrifugation
solids from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K126......................... Baghouse dust and floor (T)
sweepings in milling and
packaging operations
from the production or
formulation of
ethylenebisdithiocarbami
c acid and its salts.
K131......................... Wastewater from the (C, T)
reactor and spent
sulfuric acid from the
acid dryer from the
production of methyl
bromide.
K132......................... Spent absorbent and (T)
wastewater separator
solids from the
production of methyl
bromide.
Explosives:
K044......................... Wastewater treatment (R)
sludges from the
manufacturing and
processing of explosives.
K045......................... Spent carbon from the (R)
treatment of wastewater
containing explosives.
K046......................... Wastewater treatment (T)
sludges from the
manufacturing,
formulation and loading
of lead-based initiating
compounds.
K047......................... Pink/red water from TNT (R)
operations.
Petroleum refining:
K048......................... Dissolved air flotation (T)
(DAF) float from the
petroleum refining
industry.
K049......................... Slop oil emulsion solids (T)
from the petroleum
refining industry.
K050......................... Heat exchanger bundle (T)
cleaning sludge from the
petroleum refining
industry.
K051......................... API separator sludge from (T)
the petroleum refining
industry.
K052......................... Tank bottoms (leaded) (T)
from the petroleum
refining industry.
K169......................... Crude oil storage tank (T)
sediment from petroleum
refining operations.
K170......................... Clarified slurry oil tank (T)
sediment and/or in-line
filter/separation solids
from petroleum refining
operations.
K171......................... Spent Hydrotreating (I,T)
catalyst from petroleum
refining operations,
including guard beds
used to desulfurize
feeds to other catalytic
reactors (this listing
does not include inert
support media).
K172......................... Spent Hydrorefining (I,T)
catalyst from petroleum
refining operations,
including guard beds
used to desulfurize
feeds to other catalytic
reactors (this listing
does not include inert
support media).
Iron and steel:
K061......................... Emission control dust/ (T)
sludge from the primary
production of steel in
electric furnaces.
K062......................... Spent pickle liquor (C,T)
generated by steel
finishing operations of
facilities within the
iron and steel industry
(SIC Codes 331 and 332).
Primary copper:
Primary lead:
Primary zinc:
Primary aluminum:
K088......................... Spent potliners from (T)
primary aluminum
reduction.
Ferroalloys:
Secondary lead:
K069......................... Emission control dust/ (T)
sludge from secondary
lead smelting. (Note:
This listing is stayed
administratively for
sludge generated from
secondary acid scrubber
systems. The stay will
remain in effect until
further administrative
action is taken. If EPA
takes further action
effecting this stay, EPA
will publish a notice of
the action in the
Federal Register.
K100......................... Waste leaching solution (T)
from acid leaching of
emission control dust/
sludge from secondary
lead smelting.
Veterinary pharmaceuticals:
K084......................... Wastewater treatment (T)
sludges generated during
the production of
veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
K101......................... Distillation tar residues (T)
from the distillation of
aniline-based compounds
in the production of
veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
K102......................... Residue from the use of (T)
activated carbon for
decolorization in the
production of veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
Ink formulation:
K086......................... Solvent washes and (T)
sludges, caustic washes
and sludges, or water
washes and sludges from
cleaning tubs and
equipment used in the
formulation of ink from
pigments, driers, soaps,
and stabilizers
containing chromium and
lead.
Coking:
K060......................... Ammonia still lime sludge (T)
from coking operations.
K087......................... Decanter tank tar sludge (T)
from coking operations.
K141......................... Process residues from the (T)
recovery of coal tar,
including, but not
limited to, collecting
sump residues from the
production of coke from
coal or the recovery of
coke by-products
produced from coal. This
listing does not include
K087 (decanter tank tar
sludges from coking
operations).
K142......................... Tar storage tank residues (T)
from the production of
coke from coal or from
the recovery of coke by-
products produced from
coal.
K143......................... Process residues from the (T)
recovery of light oil,
including, but not
limited to, those
generated in stills,
decanters, and wash oil
recovery units from the
recovery of coke by-
products produced from
coal.
K144......................... Wastewater sump residues (T)
from light oil refining,
including, but not
limited to, intercepting
or contamination sump
sludges from the
recovery of coke by-
products produced from
coal.
K145......................... Residues from naphthalene (T)
collection and recovery
operations from the
recovery of coke by-
products produced from
coal.
K147......................... Tar storage tank residues (T)
from coal tar refining.
K148......................... Residues from coal tar (T)
distillation, including
but not limited to,
still bottoms.
------------------------------------------------------------------------
[46 FR 4618, Jan. 16, 1981]
Editorial Note: For FEDERAL REGISTER citations affecting §261.32, see
the List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.
[TOP]
§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 §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 §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 §261.31 or §261.32 or will be identified as a hazardous waste by the
characteristics set forth in subpart C of this part.]
(e) The commercial chemical products, manufacturing chemical intermediates or
off-specification commercial chemical products or manufacturing chemical
intermediates referred to in paragraphs (a) through (d) of this section, are
identified as acute hazardous wastes (H) and are subject to be the small
quantity exclusion defined in §261.5(e).
[Comment: For the convenience of the regulated community the primary
hazardous properties of these materials have been indicated by the letters T
(Toxicity), and R (Reactivity). Absence of a letter indicates that the compound
only is listed for acute toxicity.]
These wastes and their corresponding EPA Hazardous Waste Numbers are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
P023 107-20-0 Acetaldehyde, chloro-
P002 591-08-2 Acetamide, N-(aminothioxomethyl)-
P057 640-19-7 Acetamide, 2-fluoro-
P058 62-74-8 Acetic acid, fluoro-, sodium salt
P002 591-08-2 1-Acetyl-2-thiourea
P003 107-02-8 Acrolein
P070 116-06-3 Aldicarb
P203 1646-88-4 Aldicarb sulfone.
P004 309-00-2 Aldrin
P005 107-18-6 Allyl alcohol
P006 20859-73-8 Aluminum phosphide (R,T)
P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol
P008 504-24-5 4-Aminopyridine
P009 131-74-8 Ammonium picrate (R)
P119 7803-55-6 Ammonium vanadate
P099 506-61-6 Argentate(1-), bis(cyano-C)-,
potassium
P010 7778-39-4 Arsenic acid H[INF]3[/INF] AsO[INF]4[/
INF]
P012 1327-53-3 Arsenic oxide As[INF]2[/INF] O[INF]3[/
INF]
P011 1303-28-2 Arsenic oxide As[INF]2[/INF] O[INF]5[/
INF]
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)[INF]2[/INF]
P189 55285-14-8 Carbamic acid, [(dibutylamino)-
thio]methyl-, 2,3-dihydro-2,2-
dimethyl- 7-benzofuranyl ester.
P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-
amino)carbonyl]- 5-methyl-1H- pyrazol-
3-yl ester.
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-
(1-methylethyl)-1H- pyrazol-5-yl
ester.
P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl
ester.
P127 1563-66-2 Carbofuran.
P022 75-15-0 Carbon disulfide
P095 75-44-5 Carbonic dichloride
P189 55285-14-8 Carbosulfan.
P023 107-20-0 Chloroacetaldehyde
P024 106-47-8 p-Chloroaniline
P026 5344-82-1 1-(o-Chlorophenyl)thiourea
P027 542-76-7 3-Chloropropionitrile
P029 544-92-3 Copper cyanide
P029 544-92-3 Copper cyanide Cu(CN)
P202 64-00-6 m-Cumenyl methylcarbamate.
P030 ............ Cyanides (soluble cyanide salts), not
otherwise specified
P031 460-19-5 Cyanogen
P033 506-77-4 Cyanogen chloride
P033 506-77-4 Cyanogen chloride (CN)Cl
P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol
P016 542-88-1 Dichloromethyl ether
P036 696-28-6 Dichlorophenylarsine
P037 60-57-1 Dieldrin
P038 692-42-2 Diethylarsine
P041 311-45-5 Diethyl-p-nitrophenyl phosphate
P040 297-97-2 O,O-Diethyl O-pyrazinyl
phosphorothioate
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P004 309-00-2 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a,-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alpha,8
abeta)-
1 1 1 P060 465-73-6 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,8beta,8ab
eta)-
P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta,6a
alpha,7beta, 7aalpha)-
P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3-
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,6
abeta,7beta, 7aalpha)-, &
metabolites
P044 60-51-5 Dimethoate
P046 122-09-8 alpha,alpha-Dimethylphenethylamine
P191 644-64-4 Dimetilan.
P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts
P048 51-28-5 2,4-Dinitrophenol
P020 88-85-7 Dinoseb
P085 152-16-9 Diphosphoramide, octamethyl-
P111 107-49-3 Diphosphoric acid, tetraethyl ester
P039 298-04-4 Disulfoton
P049 541-53-7 Dithiobiuret
P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-
dimethyl-, O- [(methylamino)-
carbonyl]oxime.
P050 115-29-7 Endosulfan
P088 145-73-3 Endothall
P051 72-20-8 Endrin
P051 72-20-8 Endrin, & metabolites
P042 51-43-4 Epinephrine
P031 460-19-5 Ethanedinitrile
P194 23135-22-0 Ethanimidothioc acid, 2-
(dimethylamino)-N-[[(methylamino)
carbonyl]oxy]-2-oxo-, methyl ester.
P066 16752-77-5 Ethanimidothioic acid,
N-[[(methylamino)carbonyl]oxy]-,
methyl ester
P101 107-12-0 Ethyl cyanide
P054 151-56-4 Ethyleneimine
P097 52-85-7 Famphur
P056 7782-41-4 Fluorine
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Fluoroacetic acid, sodium salt
P198 23422-53-9 Formetanate hydrochloride.
P197 17702-57-7 Formparanate.
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P059 76-44-8 Heptachlor
P062 757-58-4 Hexaethyl tetraphosphate
P116 79-19-6 Hydrazinecarbothioamide
P068 60-34-4 Hydrazine, methyl-
P063 74-90-8 Hydrocyanic acid
P063 74-90-8 Hydrogen cyanide
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[prime])-,
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[prime]-
[3-[[(methylamino)-
carbonyl]oxy]phenyl]-,
monohydrochloride.
P197 17702-57-7 Methanimidamide, N,N-dimethyl-N[prime]-
[2-methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-
P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-hexahydro-,
3-oxide
P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
heptachloro-
3a,4,7,7a-tetrahydro-
P199 2032-65-7 Methiocarb.
P066 16752-77-5 Methomyl
P068 60-34-4 Methyl hydrazine
P064 624-83-9 Methyl isocyanate
P069 75-86-5 2-Methyllactonitrile
P071 298-00-0 Methyl parathion
P190 1129-41-5 Metolcarb.
P128 315-8-4 Mexacarbate.
P072 86-88-4 alpha-Naphthylthiourea
P073 13463-39-3 Nickel carbonyl
P073 13463-39-3 Nickel carbonyl Ni(CO)[INF]4[/INF], (T-
4)-
P074 557-19-7 Nickel cyanide
P074 557-19-7 Nickel cynaide Ni(CN)[INF]2[/INF]
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 NO[INF]2[/INF]
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 OsO[INF]4[/INF], (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-
dicarboxylic acid
P194 23135-22-0 Oxamyl.
P089 56-38-2 Parathion
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P048 51-28-5 Phenol, 2,4-dinitro-
P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, &
salts
P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt
(R)
P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-
, methylcarbamate (ester).
P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,
methylcarbamate
P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl
carbamate.
P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-,
methyl carbamate.
P092 62-38-4 Phenylmercury acetate
P093 103-85-5 Phenylthiourea
P094 298-02-2 Phorate
P095 75-44-5 Phosgene
P096 7803-51-2 Phosphine
P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl
ester
P039 298-04-4 Phosphorodithioic acid, O,O-diethyl
S-[2-(ethylthio)ethyl] ester
P094 298-02-2 Phosphorodithioic acid, O,O-diethyl
S-[(ethylthio)methyl] ester
P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-
[2-(methylamino)-2-oxoethyl] ester
P043 55-91-4 Phosphorofluoridic acid, bis(1-
methylethyl) ester
P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
P097 52-85-7 Phosphorothioic acid,
O-[4-[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester
P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-
(4-nitrophenyl) ester
P204 57-47-6 Physostigmine.
P188 57-64-7 Physostigmine salicylate.
P110 78-00-2 Plumbane, tetraethyl-
P098 151-50-8 Potassium cyanide
P098 151-50-8 Potassium cyanide K(CN)
P099 506-61-6 Potassium silver cyanide
P201 2631-37-0 Promecarb
P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-,
O-[(methylamino)carbonyl]oxime
P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-
, O-[(methylamino)carbonyl] oxime.
P101 107-12-0 Propanenitrile
P027 542-76-7 Propanenitrile, 3-chloro-
P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl-
P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)
P017 598-31-2 2-Propanone, 1-bromo-
P102 107-19-7 Propargyl alcohol
P003 107-02-8 2-Propenal
P005 107-18-6 2-Propen-1-ol
P067 75-55-8 1,2-Propylenimine
P102 107-19-7 2-Propyn-1-ol
P008 504-24-5 4-Pyridinamine
P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
, (S)-, & salts
P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-,
methylcarbamate (ester), (3aS-cis)-.
P114 12039-52-0 Selenious acid, dithallium(1+) salt
P103 630-10-4 Selenourea
P104 506-64-9 Silver cyanide
P104 506-64-9 Silver cyanide Ag(CN)
P105 26628-22-8 Sodium azide
P106 143-33-9 Sodium cyanide
P106 143-33-9 Sodium cyanide Na(CN)
P108 \1\ 57-24-9 Strychnidin-10-one, & salts
P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy-
P108 \1\ 57-24-9 Strychnine, & salts
P115 7446-18-6 Sulfuric acid, dithallium(1+) salt
P109 3689-24-5 Tetraethyldithiopyrophosphate
P110 78-00-2 Tetraethyl lead
P111 107-49-3 Tetraethyl pyrophosphate
P112 509-14-8 Tetranitromethane (R)
P062 757-58-4 Tetraphosphoric acid, hexaethyl ester
P113 1314-32-5 Thallic oxide
P113 1314-32-5 Thallium oxide Tl[INF]2[/INF] O[INF]3[/
INF]
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 [(H[INF]2[/
INF] N)C(S)][INF]2[/INF] 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 V[INF]2[/INF] O[INF]5[/
INF]
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[prime])-,
P121 557-21-1 Zinc cyanide
P121 557-21-1 Zinc cyanide Zn(CN)[INF]2[/INF]
P122 1314-84-7 Zinc phosphide Zn[INF]3[/INF] P[INF]2[/
INF], when present at concentrations
greater than 10% (R,T)
P205 137-30-4 Ziram.
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
(f) The commercial chemical products, manfacturing chemical intermediates, or
off-specification commercial chemical products referred to in paragraphs (a)
through (d) of this section, are identified as toxic wastes (T), unless
otherwise designated and are subject to the small quantity generator exclusion
defined in §261.5 (a) and (g).
[Comment: For the convenience of the regulated community, the primary
hazardous properties of these materials have been indicated by the letters T
(Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a
letter indicates that the compound is only listed for toxicity.]
These wastes and their corresponding EPA Hazardous Waste Numbers are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
U394 30558-43-1 A2213.
U001 75-07-0 Acetaldehyde (I)
U034 75-87-6 Acetaldehyde, trichloro-
U187 62-44-2 Acetamide, N-(4-ethoxyphenyl)-
U005 53-96-3 Acetamide, N-9H-fluoren-2-yl-
U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-,
salts & esters
U112 141-78-6 Acetic acid ethyl ester (I)
U144 301-04-2 Acetic acid, lead(2+) salt
U214 563-68-8 Acetic acid, thallium(1+) salt
see F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
U002 67-64-1 Acetone (I)
U003 75-05-8 Acetonitrile (I,T)
U004 98-86-2 Acetophenone
U005 53-96-3 2-Acetylaminofluorene
U006 75-36-5 Acetyl chloride (C,R,T)
U007 79-06-1 Acrylamide
U008 79-10-7 Acrylic acid (I)
U009 107-13-1 Acrylonitrile
U011 61-82-5 Amitrole
U012 62-53-3 Aniline (I,T)
U136 75-60-5 Arsinic acid, dimethyl-
U014 492-80-8 Auramine
U015 115-02-6 Azaserine
U010 50-07-7 Azirino[2[prime],3[prime]: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[prime]-
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[prime]-methylenebis[2-
chloro-
U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride
U181 99-55-8 Benzenamine, 2-methyl-5-nitro-
U019 71-43-2 Benzene (I,T)
U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-
chlorophenyl)-alpha-hydroxy-, ethyl
ester
U030 101-55-3 Benzene, 1-bromo-4-phenoxy-
U035 305-03-3 Benzenebutanoic acid, 4-[bis(2-
chloroethyl)amino]-
U037 108-90-7 Benzene, chloro-
U221 25376-45-8 Benzenediamine, ar-methyl-
U028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-
ethylhexyl) ester
U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl
ester
U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl
ester
U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl
ester
U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl
ester
U070 95-50-1 Benzene, 1,2-dichloro-
U071 541-73-1 Benzene, 1,3-dichloro-
U072 106-46-7 Benzene, 1,4-dichloro-
U060 72-54-8 Benzene, 1,1[prime]-(2,2-
dichloroethylidene)bis[4-chloro-
U017 98-87-3 Benzene, (dichloromethyl)-
U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)
U239 1330-20-7 Benzene, dimethyl- (I,T)
U201 108-46-3 1,3-Benzenediol
U127 118-74-1 Benzene, hexachloro-
U056 110-82-7 Benzene, hexahydro- (I)
U220 108-88-3 Benzene, methyl-
U105 121-14-2 Benzene, 1-methyl-2,4-dinitro-
U106 606-20-2 Benzene, 2-methyl-1,3-dinitro-
U055 98-82-8 Benzene, (1-methylethyl)- (I)
U169 98-95-3 Benzene, nitro-
U183 608-93-5 Benzene, pentachloro-
U185 82-68-8 Benzene, pentachloronitro-
U020 98-09-9 Benzenesulfonic acid chloride (C,R)
U020 98-09-9 Benzenesulfonyl chloride (C,R)
U207 95-94-3 Benzene, 1,2,4,5-tetrachloro-
U061 50-29-3 Benzene, 1,1[prime]-(2,2,2-
trichloroethylidene)bis[4-chloro-
U247 72-43-5 Benzene, 1,1[prime]-(2,2,2-
trichloroethylidene)bis[4- methoxy-
U023 98-07-7 Benzene, (trichloromethyl)-
U234 99-35-4 Benzene, 1,3,5-trinitro-
U021 92-87-5 Benzidine
U202 \1\ 81-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-
dioxide, & salts
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate.
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U064 189-55-9 Benzo[rst]pentaphene
U248 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenyl-butyl)-, & salts,
when present at concentrations of
0.3% or less
U022 50-32-8 Benzo[a]pyrene
U197 106-51-4 p-Benzoquinone
U023 98-07-7 Benzotrichloride (C,R,T)
U085 1464-53-5 2,2[prime]-Bioxirane
U021 92-87-5 [1,1[prime]-Biphenyl]-4,4[prime]-
diamine
U073 91-94-1 [1,1[prime]-Biphenyl]-4,4[prime]-
diamine, 3,3[prime]-dichloro-
U091 119-90-4 [1,1[prime]-Biphenyl]-4,4[prime]-
diamine, 3,3[prime]-dimethoxy-
U095 119-93-7 [1,1[prime]-Biphenyl]-4,4[prime]-
diamine, 3,3[prime]-dimethyl-
U225 75-25-2 Bromoform
U030 101-55-3 4-Bromophenyl phenyl ether
U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172 924-16-3 1-Butanamine, N-butyl-N-nitroso-
U031 71-36-3 1-Butanol (I)
U159 78-93-3 2-Butanone (I,T)
U160 1338-23-4 2-Butanone, peroxide (R,T)
U053 4170-30-3 2-Butenal
U074 764-41-0 2-Butene, 1,4-dichloro- (I,T)
U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-
dihydroxy-
2-(1-methoxyethyl)-3-methyl-1-
oxobutoxy]methyl]-
2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
yl ester,
[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031 71-36-3 n-Butyl alcohol (I)
U136 75-60-5 Cacodylic acid
U032 13765-19-0 Calcium chromate
U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl,
methyl ester.
U271 17804-35-2 Carbamic acid, [1-
[(butylamino)carbonyl]-1H-
benzimidazol-2-yl]-, methyl ester.
U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-
chloro-2-butynyl ester.
U238 51-79-6 Carbamic acid, ethyl ester
U178 615-53-2 Carbamic acid, methylnitroso-, ethyl
ester
U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl
ester.
U409 23564-05-8 Carbamic acid, [1,2-phenylenebis
(iminocarbonothioyl)]bis-, dimethyl
ester.
U097 79-44-7 Carbamic chloride, dimethyl-
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3,3-trichloro-2-propenyl)
ester.
U387 52888-80-9 Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester.
U114 \1\ 111-54-6 Carbamodithioic acid, 1,2-
ethanediylbis-,
salts & esters
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3-dichloro-2-propenyl) ester
U279 63-25-2 Carbaryl.
U372 10605-21-7 Carbendazim.
U367 1563-38-8 Carbofuran phenol.
U215 6533-73-9 Carbonic acid, dithallium(1+) salt
U033 353-50-4 Carbonic difluoride
U156 79-22-1 Carbonochloridic acid, methyl ester
(I,T)
U033 353-50-4 Carbon oxyfluoride (R,T)
U211 56-23-5 Carbon tetrachloride
U034 75-87-6 Chloral
U035 305-03-3 Chlorambucil
U036 57-74-9 Chlordane, alpha & gamma isomers
U026 494-03-1 Chlornaphazin
U037 108-90-7 Chlorobenzene
U038 510-15-6 Chlorobenzilate
U039 59-50-7 p-Chloro-m-cresol
U042 110-75-8 2-Chloroethyl vinyl ether
U044 67-66-3 Chloroform
U046 107-30-2 Chloromethyl methyl ether
U047 91-58-7 beta-Chloronaphthalene
U048 95-57-8 o-Chlorophenol
U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride
U032 13765-19-0 Chromic acid H[INF]2[/INF] CrO[INF]4[/
INF], calcium salt
U050 218-01-9 Chrysene
U051 ............ Creosote
U052 1319-77-3 Cresol (Cresylic acid)
U053 4170-30-3 Crotonaldehyde
U055 98-82-8 Cumene (I)
U246 506-68-3 Cyanogen bromide (CN)Br
U197 106-51-4 2,5-Cyclohexadiene-1,4-dione
U056 110-82-7 Cyclohexane (I)
U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6b
eta)-
U057 108-94-1 Cyclohexanone (I)
U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
U058 50-18-0 Cyclophosphamide
U240 \1\ 94-75-7 2,4-D, salts & esters
U059 20830-81-3 Daunomycin
U060 72-54-8 DDD
U061 50-29-3 DDT
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz[a,h]anthracene
U064 189-55-9 Dibenzo[a,i]pyrene
U066 96-12-8 1,2-Dibromo-3-chloropropane
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 p-Dichlorobenzene
U073 91-94-1 3,3[prime]-Dichlorobenzidine
U074 764-41-0 1,4-Dichloro-2-butene (I,T)
U075 75-71-8 Dichlorodifluoromethane
U078 75-35-4 1,1-Dichloroethylene
U079 156-60-5 1,2-Dichloroethylene
U025 111-44-4 Dichloroethyl ether
U027 108-60-1 Dichloroisopropyl ether
U024 111-91-1 Dichloromethoxy ethane
U081 120-83-2 2,4-Dichlorophenol
U082 87-65-0 2,6-Dichlorophenol
U084 542-75-6 1,3-Dichloropropene
U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)
U108 123-91-1 1,4-Diethyleneoxide
U028 117-81-7 Diethylhexyl phthalate
U395 5952-26-1 Diethylene glycol, dicarbamate.
U086 1615-80-1 N,N[prime]-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[prime]-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[prime]-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[prime]-2-pyridinyl-N[prime]-(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[prime]-
[methylenebis(oxy)]bis[2-chloro-
U117 60-29-7 Ethane, 1,1[prime]-oxybis-(I)
U025 111-44-4 Ethane, 1,1[prime]-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[prime]-(nitrosoimino)bis-
U395 5952-26-1 Ethanol, 2,2[prime]-oxybis-,
dicarbamate.
U004 98-86-2 Ethanone, 1-phenyl-
U043 75-01-4 Ethene, chloro-
U042 110-75-8 Ethene, (2-chloroethoxy)-
U078 75-35-4 Ethene, 1,1-dichloro-
U079 156-60-5 Ethene, 1,2-dichloro-, (E)-
U210 127-18-4 Ethene, tetrachloro-
U228 79-01-6 Ethene, trichloro-
U112 141-78-6 Ethyl acetate (I)
U113 140-88-5 Ethyl acrylate (I)
U238 51-79-6 Ethyl carbamate (urethane)
U117 60-29-7 Ethyl ether (I)
U114 \1\ 111-54-6 Ethylenebisdithiocarbamic acid, salts
& esters
U067 106-93-4 Ethylene dibromide
U077 107-06-2 Ethylene dichloride
U359 110-80-5 Ethylene glycol monoethyl ether
U115 75-21-8 Ethylene oxide (I,T)
U116 96-45-7 Ethylenethiourea
U076 75-34-3 Ethylidene dichloride
U118 97-63-2 Ethyl methacrylate
U119 62-50-0 Ethyl methanesulfonate
U120 206-44-0 Fluoranthene
U122 50-00-0 Formaldehyde
U123 64-18-6 Formic acid (C,T)
U124 110-00-9 Furan (I)
U125 98-01-1 2-Furancarboxaldehyde (I)
U147 108-31-6 2,5-Furandione
U213 109-99-9 Furan, tetrahydro-(I)
U125 98-01-1 Furfural (I)
U124 110-00-9 Furfuran (I)
U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-
nitrosoureido)-, D-
U206 18883-66-4 D-Glucose, 2-deoxy-2-
[[(methylnitrosoamino)-
carbonyl]amino]-
U126 765-34-4 Glycidylaldehyde
U163 70-25-7 Guanidine, N-methyl-N[prime]-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 H[INF]2[/INF] 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[prime]-Methylenebis(2-
chloroaniline)
U068 74-95-3 Methylene bromide
U080 75-09-2 Methylene chloride
U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)
U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)
U138 74-88-4 Methyl iodide
U161 108-10-1 Methyl isobutyl ketone (I)
U162 80-62-6 Methyl methacrylate (I,T)
U161 108-10-1 4-Methyl-2-pentanone (I)
U164 56-04-2 Methylthiouracil
U010 50-07-7 Mitomycin C
U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-
amino-2,3,6-trideoxy)-alpha-L-lyxo-
hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-
U167 134-32-7 1-Naphthalenamine
U168 91-59-8 2-Naphthalenamine
U026 494-03-1 Naphthalenamine, N,N[prime]-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[prime]-[(3,3[prime]-
dimethyl[1,1[prime]-biphenyl]-
4,4[prime]-diyl)bis(azo)bis[5-amino-4-
hydroxy]-, tetrasodium salt
U279 63-25-2 1-Naphthalenol, methylcarbamate.
U166 130-15-4 1,4-Naphthoquinone
U167 134-32-7 alpha-Naphthylamine
U168 91-59-8 beta-Naphthylamine
U217 10102-45-1 Nitric acid, thallium(1+) salt
U169 98-95-3 Nitrobenzene (I,T)
U170 100-02-7 p-Nitrophenol
U171 79-46-9 2-Nitropropane (I,T)
U172 924-16-3 N-Nitrosodi-n-butylamine
U173 1116-54-7 N-Nitrosodiethanolamine
U174 55-18-5 N-Nitrosodiethylamine
U176 759-73-9 N-Nitroso-N-ethylurea
U177 684-93-5 N-Nitroso-N-methylurea
U178 615-53-2 N-Nitroso-N-methylurethane
U179 100-75-4 N-Nitrosopiperidine
U180 930-55-2 N-Nitrosopyrrolidine
U181 99-55-8 5-Nitro-o-toluidine
U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide
U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine,
N,N-bis(2-chloroethyl)tetrahydro-, 2-
oxide
U115 75-21-8 Oxirane (I,T)
U126 765-34-4 Oxiranecarboxyaldehyde
U041 106-89-8 Oxirane, (chloromethyl)-
2 123-63-7 Paraldehyde
U183 608-93-5 Pentachlorobenzene
U184 76-01-7 Pentachloroethane
U185 82-68-8 Pentachloronitrobenzene (PCNB)
See F027 87-86-5 Pentachlorophenol
U161 108-10-1 Pentanol, 4-methyl-
U186 504-60-9 1,3-Pentadiene (I)
U187 62-44-2 Phenacetin
U188 108-95-2 Phenol
U048 95-57-8 Phenol, 2-chloro-
U039 59-50-7 Phenol, 4-chloro-3-methyl-
U081 120-83-2 Phenol, 2,4-dichloro-
U082 87-65-0 Phenol, 2,6-dichloro-
U089 56-53-1 Phenol, 4,4[prime]-(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[prime]-methylenebis[3,4,6-
trichloro-
U411 114-26-1 Phenol, 2-(1-methylethoxy)-,
methylcarbamate.
U170 100-02-7 Phenol, 4-nitro-
See F027 87-86-5 Phenol, pentachloro-
See F027 58-90-2 Phenol, 2,3,4,6-tetrachloro-
See F027 95-95-4 Phenol, 2,4,5-trichloro-
See F027 88-06-2 Phenol, 2,4,6-trichloro-
U150 148-82-3 L-Phenylalanine, 4-[bis(2-
chloroethyl)amino]-
U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)
U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S-
methyl ester
U189 1314-80-3 Phosphorus sulfide (R)
U190 85-44-9 Phthalic anhydride
U191 109-06-8 2-Picoline
U179 100-75-4 Piperidine, 1-nitroso-
U192 23950-58-5 Pronamide
U194 107-10-8 1-Propanamine (I,T)
U111 621-64-7 1-Propanamine, N-nitroso-N-propyl-
U110 142-84-7 1-Propanamine, N-propyl- (I)
U066 96-12-8 Propane, 1,2-dibromo-3-chloro-
U083 78-87-5 Propane, 1,2-dichloro-
U149 109-77-3 Propanedinitrile
U171 79-46-9 Propane, 2-nitro- (I,T)
U027 108-60-1 Propane, 2,2[prime]-oxybis[2-chloro-
U193 1120-71-4 1,3-Propane sultone
See F027 93-72-1 Propanoic acid, 2-(2,4,5-
trichlorophenoxy)-
U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate
(3:1)
U140 78-83-1 1-Propanol, 2-methyl- (I,T)
U002 67-64-1 2-Propanone (I)
U007 79-06-1 2-Propenamide
U084 542-75-6 1-Propene, 1,3-dichloro-
U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-
U009 107-13-1 2-Propenenitrile
U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)
U008 79-10-7 2-Propenoic acid (I)
U113 140-88-5 2-Propenoic acid, ethyl ester (I)
U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl
ester
U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl
ester (I,T)
U373 122-42-9 Propham.
U411 114-26-1 Propoxur.
U387 52888-80-9 Prosulfocarb.
U194 107-10-8 n-Propylamine (I,T)
U083 78-87-5 Propylene dichloride
U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro-
U196 110-86-1 Pyridine
U191 109-06-8 Pyridine, 2-methyl-
U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
chloroethyl)amino]-
U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-
methyl-2-thioxo-
U180 930-55-2 Pyrrolidine, 1-nitroso-
U200 50-55-5 Reserpine
U201 108-46-3 Resorcinol
U202 \1\ 81-07-2 Saccharin, & salts
U203 94-59-7 Safrole
U204 7783-00-8 Selenious acid
U204 7783-00-8 Selenium dioxide
U205 7488-56-4 Selenium sulfide
U205 7488-56-4 Selenium sulfide SeS[INF]2[/INF] (R,T)
U015 115-02-6 L-Serine, diazoacetate (ester)
See F027 93-72-1 Silvex (2,4,5-TP)
U206 18883-66-4 Streptozotocin
U103 77-78-1 Sulfuric acid, dimethyl ester
U189 1314-80-3 Sulfur phosphide (R)
See F027 93-76-5 2,4,5-T
U207 95-94-3 1,2,4,5-Tetrachlorobenzene
U208 630-20-6 1,1,1,2-Tetrachloroethane
U209 79-34-5 1,1,2,2-Tetrachloroethane
U210 127-18-4 Tetrachloroethylene
See F027 58-90-2 2,3,4,6-Tetrachlorophenol
U213 109-99-9 Tetrahydrofuran (I)
U214 563-68-8 Thallium(I) acetate
U215 6533-73-9 Thallium(I) carbonate
U216 7791-12-0 Thallium(I) chloride
U216 7791-12-0 Thallium chloride Tlcl
U217 10102-45-1 Thallium(I) nitrate
U218 62-55-5 Thioacetamide
U410 59669-26-0 Thiodicarb.
U153 74-93-1 Thiomethanol (I,T)
U244 137-26-8 Thioperoxydicarbonic diamide
[(H[INF]2[/INF] N)C(S)][INF]2[/INF]
S[INF]2[/INF], tetramethyl-
U409 23564-05-8 Thiophanate-methyl.
U219 62-56-6 Thiourea
U244 137-26-8 Thiram
U220 108-88-3 Toluene
U221 25376-45-8 Toluenediamine
U223 26471-62-5 Toluene diisocyanate (R,T)
U328 95-53-4 o-Toluidine
U353 106-49-0 p-Toluidine
U222 636-21-5 o-Toluidine hydrochloride
U389 2303-17-5 Triallate.
U011 61-82-5 1H-1,2,4-Triazol-3-amine
U227 79-00-5 1,1,2-Trichloroethane
U228 79-01-6 Trichloroethylene
U121 75-69-4 Trichloromonofluoromethane
See F027 95-95-4 2,4,5-Trichlorophenol
See F027 88-06-2 2,4,6-Trichlorophenol
U404 121-44-8 Triethylamine.
U234 99-35-4 1,3,5-Trinitrobenzene (R,T)
U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-
U235 126-72-7 Tris(2,3-dibromopropyl) phosphate
U236 72-57-1 Trypan blue
U237 66-75-1 Uracil mustard
U176 759-73-9 Urea, N-ethyl-N-nitroso-
U177 684-93-5 Urea, N-methyl-N-nitroso-
U043 75-01-4 Vinyl chloride
U248 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations of 0.3% or less
U239 1330-20-7 Xylene (I)
U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-, methyl
ester,
(3beta,16beta,17alpha,18beta,20alpha)-
U249 1314-84-7 Zinc phosphide Zn[INF]3[/INF] P[INF]2[/
INF], when present at concentrations
of 10% or less
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
[45 FR 78529, 78541, Nov. 25, 1980]
Editorial Note: For FEDERAL REGISTER citations affecting §261.33, see
the List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.
[TOP]
§261.35
Deletion of certain hazardous waste codes following
equipment cleaning and replacement.
(a) Wastes from wood preserving processes at plants that do not resume or
initiate use of chlorophenolic preservatives will not meet the listing
definition of F032 once the generator has met all of the requirements of
paragraphs (b) and (c) of this section. These wastes may, however, continue to
meet another hazardous waste listing description or may exhibit one or more of
the hazardous waste characteristics.
(b) Generators must either clean or replace all process equipment that may
have come into contact with chlorophenolic formulations or constituents thereof,
including, but not limited to, treatment cylinders, sumps, tanks, piping
systems, drip pads, fork lifts, and trams, in a manner that minimizes or
eliminates the escape of hazardous waste or constituents, leachate, contaminated
drippage, or hazardous waste decomposition products to the ground water, surface
water, or atmosphere.
(1) Generators shall do one of the following:
(i) Prepare and follow an equipment cleaning plan and clean equipment in
accordance with this section;
(ii) Prepare and follow an equipment replacement plan and replace equipment
in accordance with this section; or
(iii) Document cleaning and replacement in accordance with this section,
carried out after termination of use of chlorophenolic preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment cleaning plan that describes:
(A) The equipment to be cleaned;
(B) How the equipment will be cleaned;
(C) The solvent to be used in cleaning;
(D) How solvent rinses will be tested; and
(E) How cleaning residues will be disposed.
(ii) Equipment must be cleaned as follows:
(A) Remove all visible residues from process equipment;
(B) Rinse process equipment with an appropriate solvent until dioxins and
dibenzofurans are not detected in the final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested in accordance with SW-846, Method 8290.
(B) "Not detected" means at or below the lower method calibration limit (MCL)
in Method 8290, Table 1.
(iv) The generator must manage all residues from the cleaning process as F032
waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment replacement plan that describes:
(A) The equipment to be replaced;
(B) How the equipment will be replaced; and
(C) How the equipment will be disposed.
(ii) The generator must manage the discarded equipment as F032 waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning and/or replacement was
performed in accordance with this section and occurred after cessation of use of
chlorophenolic preservatives.
(c) The generator must maintain the following records documenting the
cleaning and replacement as part of the facility's operating record:
(1) The name and address of the facility;
(2) Formulations previously used and the date on which their use ceased in
each process at the plant;
(3) Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement plan;
(5) The name and address of any persons who conducted the cleaning and
replacement;
(6) The dates on which cleaning and replacement were accomplished;
(7) The dates of sampling and testing;
(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]
[TOP]
§261.38
Comparable/Syngas Fuel Exclusion.
Wastes that meet the following comparable/syngas fuel requirements are not
solid wastes:
(a) Comparable fuel specifications. -- (1) Physical
specifications. -- (i) Heating value. The heating value must exceed
5,000 BTU/lbs. (11,500 J/g).
(ii) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
(2) Constituent specifications. For compounds listed in table 1 to
this section the specification levels and, where non-detect is the
specification, minimum required detection limits are: (see Table 1).
(b) Synthesis gas fuel specification. -- Synthesis gas fuel (i.e.,
syngas fuel) that is generated from hazardous waste must:
(1) Have a minimum Btu value of 100 Btu/Scf;
(2) Contain less than 1 ppmv of total halogen;
(3) Contain less than 300 ppmv of total nitrogen other than diatomic nitrogen
(N 2);
(4) Contain less than 200 ppmv of hydrogen sulfide; and
(5) Contain less than 1 ppmv of each hazardous constituent in the target list
of appendix VIII constituents of this part.
Table 1 to § 261.38._Detection and Detection Limit Values for Comparable Fuel Specification
----------------------------------------------------------------------------------------------------------------
Minimum
Composite Heating Concentration required
Chemical name CAS No. value (mg/ value limit (mg/kg detection
kg) (BTU/lb) at 10,000 BTU/ limit (mg/
lb) kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N................................ NA 9000 18400 4900 .........
Total Halogens as Cl............................... NA 1000 18400 540 .........
Total Organic Halogens as Cl....................... NA ......... ........ (\1\) .........
Polychlorinated biphenyls, total [Arocolors, total] 1336-36-3 ND ........ ND 1.4
Cyanide, total..................................... 57-12-5 ND ........ ND 1.0
Metals:
Antimony, total................................ 7440-36-0 ND ........ 12 .........
Arsenic, total................................. 7440-38-2 ND ........ 0.23 .........
Barium, total.................................. 7440-39-3 ND ........ 23 .........
Beryllium, total............................... 7440-41-7 ND ........ 1.2 .........
Cadmium, total................................. 7440-43-9 ......... ND ............. 1.2
Chromium, total................................ 7440-47-3 ND ........ 2.3 .........
Cobalt......................................... 7440-48-4 ND ........ 4.6 .........
Lead, total.................................... 7439-92-1 57 18100 31 .........
Manganese...................................... 7439-96-5 ND ........ 1.2 .........
Mercury, total................................. 7439-97-6 ND ........ 0.25 .........
Nickel, total.................................. 7440-02-0 106 18400 58 .........
Selenium, total................................ 7782-49-2 ND ........ 0.23 .........
Silver, total.................................. 7440-22-4 ND ........ 2.3 .........
Thallium, total................................ 7440-28-0 ND ........ 23 .........
Hydrocarbons:
Benzo[a]anthracene............................. 56-55-3 ND ........ 2400 .........
Benzene........................................ 71-43-2 8000 19600 4100 .........
Benzo[b]fluoranthene........................... 205-99-2 ND ........ 2400 .........
Benzo[k]fluoranthene........................... 207-08-9 ND ........ 2400 .........
Benzo[a]pyrene................................. 50-32-8 ND ........ 2400 .........
Chrysene....................................... 218-01-9 ND ........ 2400 .........
Dibenzo[a,h]anthracene......................... 53-70-3 ND ........ 2400 .........
7,12-Dimethylbenz[a]anthracene................. 57-97-6 ND ........ 2400 .........
Fluoranthene................................... 206-44-0 ND ........ 2400 .........
Indeno(1,2,3-cd)pyrene......................... 193-39-5 ND ........ 2400 .........
3-Methylcholanthrene........................... 56-49-5 ND ........ 2400 .........
Naphthalene.................................... 91-20-3 6200 19400 3200 .........
Toluene........................................ 108-88-3 69000 19400 36000 .........
Oxygenates:
Acetophenone................................... 98-86-2 ND ........ 2400 .........
Acrolein....................................... 107-02-8 ND ........ 39 .........
Allyl alcohol.................................. 107-18-6 ND ........ 30 .........
Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl 117-81-7 ND ........ 2400 .........
phthalate]....................................
Butyl benzyl phthalate......................... 85-68-7 ND ........ 2400 .........
o-Cresol [2-Methyl phenol]..................... 95-48-7 ND ........ 2400 .........
m-Cresol [3-Methyl phenol]..................... 108-39-4 ND ........ 2400 .........
p-Cresol [4-Methyl phenol]..................... 106-44-5 ND ........ 2400 .........
Di-n-butyl phthalate........................... 84-74-2 ND ........ 2400 .........
Diethyl phthalate.............................. 84-66-2 ND ........ 2400 .........
2,4-Dimethylphenol............................. 105-67-9 ND ........ 2400 .........
Dimethyl phthalate............................. 131-11-3 ND ........ 2400 .........
Di-n-octyl phthalate........................... 117-84-0 ND ........ 2400 .........
Endothall...................................... 145-73-3 ND ........ 100 .........
Ethyl methacrylate............................. 97-63-2 ND ........ 39 .........
2-Ethoxyethanol [Ethylene glycol monoethyl 110-80-5 ND ........ 100 .........
ether]........................................
Isobutyl alcohol............................... 78-83-1 ND ........ 39 .........
Isosafrole..................................... 120-58-1 ND ........ 2400 .........
Methyl ethyl ketone [2-Butanone]............... 78-93-3 ND ........ 39 .........
Methyl methacrylate............................ 80-62-6 ND ........ 39 .........
1,4-Naphthoquinone............................. 130-15-4 ND ........ 2400 .........
Phenol......................................... 108-95-2 ND ........ 2400 .........
Propargyl alcohol [2-Propyn-1-ol].............. 107-19-7 ND ........ 30 .........
Safrole........................................ 94-59-7 ND ........ 2400 .........
Sulfonated Organics:
Carbon disulfide............................... 75-15-0 ND ........ ND 39
Disulfoton..................................... 298-04-4 ND ........ ND 2400
Ethyl methanesulfonate......................... 62-50-0 ND ........ ND 2400
Methyl methanesulfonate........................ 66-27-3 ND ........ ND 2400
Phorate........................................ 298-02-2 ND ........ ND 2400
1,3-Propane sultone............................ 1120-71-4 ND ........ ND 100
Tetraethyldithiopyrophosphate [Sulfotepp]...... 3689-24-5 ND ........ ND 2400
Thiophenol [Benzenethiol]...................... 108-98-5 ND ........ ND 30
O,O,O-Triethyl phosphorothioate................ 126-68-1 ND ........ ND 2400
Nitrogenated Organics:
Acetonitrile [Methyl cyanide].................. 75-05-8 ND ........ ND 39
2-Acetylaminofluorene [2-AAF].................. 53-96-3 ND ........ ND 2400
Acrylonitrile.................................. 107-13-1 ND ........ ND 39
4-Aminobiphenyl................................ 92-67-1 ND ........ ND 2400
4-Aminopyridine................................ 504-24-5 ND ........ ND 100
Aniline........................................ 62-53-3 ND ........ ND 2400
Benzidine...................................... 92-87-5 ND ........ ND 2400
Dibenz[a,j]acridine............................ 224-42-0 ND ........ ND 2400
O,O-Diethyl O-pyrazinyl phosphorothioate 297-97-2 ND ........ ND 2400
[Thionazin]...................................
Dimethoate..................................... 60-51-5 ND ........ ND 2400
p-(Dimethylamino) azobenzene [4-Dime 60-11-7 ND ........ ND 2400
thylaminoazobenzene]..........................
3,3[prime]-Dimethylbenzidine................... 119-93-7 ND ........ ND 2400
[alpha],[alpha]-Dimethylphenethylamine......... 122-09-8 ND ........ ND 2400
3,3[prime]-Dimethoxybenzidine.................. 119-90-4 ND ........ ND 100
1,3-Dinitrobenzene [m-Dinitrobenzene].......... 99-65-0 ND ........ ND 2400
4,6-Dinitro-o-cresol........................... 534-52-1 ND ........ ND 2400
2,4-Dinitrophenol.............................. 51-28-5 ND ........ ND 2400
2,4-Dinitrotoluene............................. 121-14-2 ND ........ ND 2400
2,6-Dinitrotoluene............................. 606-20-2 ND ........ ND 2400
Dinoseb [2-sec-Butyl-4,6-dinitrophenol]........ 88-85-7 ND ........ ND 2400
Diphenylamine.................................. 122-39-4 ND ........ ND 2400
Ethyl carbamate [Urethane]..................... 51-79-6 ND ........ ND 100
Ethylenethiourea (2-Imidazolidinethione)....... 96-45-7 ND ........ ND 110
Famphur........................................ 52-85-7 ND ........ ND 2400
Methacrylonitrile.............................. 126-98-7 ND ........ ND 39
Methapyrilene.................................. 91-80-5 ND ........ ND 2400
Methomyl....................................... 16752-77-5 ND ........ ND 57
2-Methyllactonitrile, [Acetone cyanohydrin].... 75-86-5 ND ........ ND 100
Methyl parathion............................... 298-00-0 ND ........ ND 2400
MNNG (N-Metyl-N-nitroso-N'-nitroguanidine)..... 70-25-7 ND ........ ND 110
1-Naphthylamine, [[alpha]-Naphthylamine]....... 134-32-7 ND ........ ND 2400
2-Naphthylamine, [[beta]-Naphthylamine]........ 91-59-8 ND ........ ND 2400
Nicotine....................................... 54-11-5 ND ........ ND 100
4-Nitroaniline, [p-Nitroaniline]............... 100-01-6 ND ........ ND 2400
Nitrobenzene................................... 98-95-3 ND ........ ND 2400
p-Nitrophenol, [p-Nitrophenol]................. 100-02-7 ND ........ ND 2400
5-Nitro-o-toluidine............................ 99-55-8 ND ........ ND 2400
N-Nitrosodi-n-butylamine....................... 924-16-3 ND ........ ND 2400
N-Nitrosodiethylamine.......................... 55-18-5 ND ........ ND 2400
N-Nitrosodiphenylamine, [Diphenylnitrosamine].. 86-30-6 ND ........ ND 2400
N-Nitroso-N-methylethylamine................... 10595-95-6 ND ........ ND 2400
N-Nitrosomorpholine............................ 59-89-2 ND ........ ND 2400
N-Nitrosopiperidine............................ 100-75-4 ND ........ ND 2400
N-Nitrosopyrrolidine........................... 930-55-2 ND ........ ND 2400
2-Nitropropane................................. 79-46-9 ND ........ ND 30
Parathion...................................... 56-38-2 ND ........ ND 2400
Phenacetin..................................... 62-44-2 ND ........ ND 2400
1,4-Phenylene diamine, [p-Phenylenediamine].... 106-50-3 ND ........ ND 2400
N-Phenylthiourea............................... 103-85-5 ND ........ ND 57
2-Picoline [alpha-Picoline].................... 109-06-8 ND ........ ND 2400
Propylthioracil, [6-Propyl-2-thiouracil]....... 51-52-5 ND ........ ND 100
Pyridine....................................... 110-86-1 ND ........ ND 2400
Strychnine..................................... 57-24-9 ND ........ ND 100
Thioacetamide.................................. 62-55-5 ND ........ ND 57
Thiofanox...................................... 39196-18-4 ND ........ ND 100
Thiourea....................................... 62-56-6 ND ........ ND 57
Toluene-2,4-diamine [2,4-Diaminotoluene]....... 95-80-7 ND ........ ND 57
Toluene-2,6-diamine [2,6-Diaminotoluene]....... 823-40-5 ND ........ ND 57
o-Toluidine.................................... 95-53-4 ND ........ ND 2400
p-Toluidine.................................... 106-49-0 ND ........ ND 100
1,3,5-Trinitrobenzene, [sym-Trinitobenzene].... 99-35-4 ND ........ ND 2400
Halogenated Organic:
Allyl chloride................................. 107-05-1 ND ........ ND 39
Aramite........................................ 140-57-8 ND ........ ND 2400
Benzal chloride [Dichloromethyl benzene]....... 98-87-3 ND ........ ND 100
Benzyl chloride................................ 100-44-77 ND ........ ND 100
bis(2-Chloroethyl)ether [Dichoroethyl ether]... 111-44-4 ND ........ ND 2400
Bromoform [Tribromomethane].................... 75-25-2 ND ........ ND 39
Bromomethane [Methyl bromide].................. 74-83-9 ND ........ ND 39
4-Bromophenyl phenyl ether [p-Bromo diphenyl 101-55-3 ND ........ ND 2400
ether]........................................
Carbon tetrachloride........................... 56-23-5 ND ........ ND 39
Chlordane...................................... 57-74-9 ND ........ ND 14
p-Chloroaniline................................ 106-47-8 ND ........ ND 2400
Chlorobenzene.................................. 108-90-7 ND ........ ND 39
Chlorobenzilate................................ 510-15-6 ND ........ ND 2400
p-Chloro-m-cresol.............................. 59-50-7 ND ........ ND 2400
2-Chloroethyl vinyl ether...................... 110-75-8 ND ........ ND 39
Chloroform..................................... 67-66-3 ND ........ ND 39
Chloromethane [Methyl chloride]................ 74-87-3 ND ........ ND 39
2-Chloronaphthalene [beta-Chloronaphthalene]... 91-58-7 ND ........ ND 2400
2-Chlorophenol [o-Chlorophenol]................ 95-57-8 ND ........ ND 2400
Chloroprene [2-Chloro-1,3-butadiene]........... 1126-99-8 ND ........ ND 39
2,4-D [2,4-Dichlorophenoxyacetic acid]......... 94-75-7 ND ........ ND 7.0
Diallate....................................... 2303-16-4 ND ........ ND 2400
1,2-Dibromo-3-chloropropane.................... 96-12-8 ND ........ ND 39
1,2-Dichlorobenzene [o-Dichlorobenzene]........ 95-50-1 ND ........ ND 2400
1,3-Dichlorobenzene [m-Dichlorobenzene]........ 541-73-1 ND ........ ND 2400
1,4-Dichlorobenzene [p-Dichlorobenzene]........ 106-46-7 ND ........ ND 2400
3,3[prime]-Dichlorobenzidine................... 91-94-1 ND ........ ND 2400
Dichlorodifluoromethane [CFC-12]............... 75-71-8 ND ........ ND 39
1,2-Dichloroethane [Ethylene dichloride]....... 107-06-2 ND ........ ND 39
1,1-Dichloroethylene [Vinylidene chloride]..... 75-35-4 ND ........ ND 39
Dichloromethoxy ethane [Bis(2- 111-91-1 ND ........ ND 2400
chloroethoxy)methane..........................
2,4-Dichlorophenol............................. 120-83-2 ND ........ ND 2400
2,6-Dichlorophenol............................. 87-65-0 ND ........ ND 2400
1,2-Dichloropropane [Propylene dichloride]..... 78-87-5 ND ........ ND 39
cis-1,3-Dichloropropylene...................... 10061-01-5 ND ........ ND 39
trans-1,3-Dichloropropylene.................... 10061-02-6 ND ........ ND 39
1,3-Dichloro-2-propanol........................ 96-23-1 ND ........ ND 30
Endosulfan I................................... 959-98-8 ND ........ ND 1.4
Endosulfan II.................................. 33213-65-9 ND ........ ND 1.4
Endrin......................................... 72-20-8 ND ........ ND 1.4
Endrin aldehyde................................ 7421-93-4 ND ........ ND 1.4
Endrin Ketone.................................. 53494-70-5 ND ........ ND 1.4
Epichlorohydrin [1-Chloro-2,3-epoxy propane]... 106-89-8 ND ........ ND 30
Ethylidene dichloride [1,1-Dichloroethane]..... 75-34-3 ND ........ ND 39
2-Fluoroacetamide.............................. 640-19-7 ND ........ ND 100
Heptachlor..................................... 76-44-8 ND ........ ND 1.4
Heptachlor epoxide............................. 1024-57-3 ND ........ ND 2.8
Hexachlorobenzene.............................. 118-74-1 ND ........ ND 2400
Hexachloro-1,3-butadiene [Hexachlorobutadiene]. 87-68-3 ND ........ ND 2400
Hexachlorocyclopentadiene...................... 77-47-4 ND ........ ND 2400
Hexachloroethane............................... 67-72-1 ND ........ ND 2400
Hexachlorophene................................ 70-30-4 ND ........ ND 59000
Hexachloropropene [Hexachloropropylene]........ 1888-71-7 ND ........ ND 2400
Isodrin........................................ 465-73-6 ND ........ ND 2400
Kepone [Chlordecone]........................... 143-50-0 ND ........ ND 4700
Lindane [gamma-BHC] [gamma- 58-89-9 ND ........ ND 1.4
Hexachlorocyclohexane]........................
Methylene chloride [Dichloromethane]........... 75-09-2 ND ........ ND 39
4,4[prime]-Methylene-bis(2-chloroaniline)...... 101-14-4 ND ........ ND 100
Methyl iodide [Iodomethane].................... 74-88-4 ND ........ ND 39
Pentachlorobenzene............................. 608-93-5 ND ........ ND 2400
Pentachloroethane.............................. 76-01-7 ND ........ ND 39
Pentachloronitrobenzene [PCNB] [Quintobenzene] 82-68-8 ND ........ ND 2400
[Quintozene]..................................
Pentachlorophenol.............................. 87-86-5 ND ........ ND 2400
Pronamide...................................... 23950-58-5 ND ........ ND 2400
Silvex [2,4,5-Trichlorophenoxypropionic acid].. 93-72-1 ND ........ ND 7.0
2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8- 1746-01-6 ND ........ ND 30
TCDD].........................................
1,2,4,5-Tetrachlorobenzene..................... 95-94-3 ND ........ ND 2400
1,1,2,2-Tetrachloroethane...................... 79-34-5 ND ........ ND 39
Tetrachloroethylene [Perchloroethylene]........ 127-18-4 ND ........ ND 39
2,3,4,6-Tetrachlorophenol...................... 58-90-2 ND ........ ND 2400
1,2,4-Trichlorobenzene......................... 120-82-1 ND ........ ND 2400
1,1,1-Trichloroethane [Methyl chloroform]...... 71-55-6 ND ........ ND 39
1,1,2-Trichloroethane [Vinyl trichloride]...... 79-00-5 ND ........ ND 39
Trichloroethylene.............................. 79-01-6 ND ........ ND 39
Trichlorofluoromethane 75-69-4 ND ........ ND 39
[Trichlormonofluoromethane]...................
2,4,5-Trichlorophenol.......................... 95-95-4 ND ........ ND 2400
2,4,6-Trichlorophenol.......................... 88-06-2 ND ........ ND 2400
1,2,3-Trichloropropane......................... 96-18-4 ND ........ ND 39
Vinyl Chloride................................. 75-01-4 ND ........ ND 39
----------------------------------------------------------------------------------------------------------------
Notes:
NA_Not Applicable.
ND_Nondetect.
\1\ 25 or individual halogenated organics listed below.
(c) Implementation. Waste that meets the comparable or syngas fuel
specifications provided by paragraphs (a) or (b) of this section (these
constituent levels must be achieved by the comparable fuel when generated, or as
a result of treatment or blending, as provided in paragraphs (c)(3) or (4) of
this section) is excluded from the definition of solid waste provided that the
following requirements are met:
(1) Notices. For purposes of this section, the person claiming and
qualifying for the exclusion is called the comparable/syngas fuel generator and
the person burning the comparable/syngas fuel is called the comparable/syngas
burner. The person who generates the comparable fuel or syngas fuel must claim
and certify to the exclusion.
(i) State RCRA and CAA Directors in Authorized States or Regional RCRA and
CAA Directors in Unauthorized States. --
(A) The generator must submit a one-time notice to the Regional or State RCRA
and CAA Directors, in whose jurisdiction the exclusion is being claimed and
where the comparable/syngas fuel will be burned, certifying compliance with the
conditions of the exclusion and providing documentation as required by paragraph
(c)(1)(i)(C) of this section;
(B) If the generator is a company that generates comparable/syngas fuel at
more than one facility, the generator shall specify at which sites the
comparable/syngas fuel will be generated;
(C) A comparable/syngas fuel generator's notification to the Directors must
contain the following items:
(1) The name, address, and RCRA ID number of the person/facility
claiming the exclusion;
(2) The applicable EPA Hazardous Waste Codes for the hazardous waste;
(3) Name and address of the units, meeting the requirements of
paragraph (c)(2) of this section, that will burn the comparable/syngas fuel; and
(4) The following statement is signed and submitted by the person
claiming the exclusion or his authorized representative:
Under penalty of criminal and civil prosecution for making or submitting
false statements, representations, or omissions, I certify that the requirements
of 40 CFR 261.38 have been met for all waste identified in this notification.
Copies of the records and information required at 40 CFR 261.28(c)(10) are
available at the comparable/syngas fuel generator's facility. Based on my
inquiry of the individuals immediately responsible for obtaining the
information, the information is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment
for knowing violations.
(ii) Public notice. Prior to burning an excluded comparable/syngas
fuel, the burner must publish in a major newspaper of general circulation local
to the site where the fuel will be burned, a notice entitled "Notification of
Burning a Comparable/Syngas Fuel Excluded Under the Resource Conservation and
Recovery Act" containing the following information:
(A) Name, address, and RCRA ID number of the generating facility;
(B) Name and address of the unit(s) that will burn the comparable/syngas
fuel;
(C) A brief, general description of the manufacturing, treatment, or other
process generating the comparable/syngas fuel;
(D) An estimate of the average and maximum monthly and annual quantity of the
waste claimed to be excluded; and
(E) Name and mailing address of the Regional or State Directors to whom the
claim was submitted.
(2) Burning. The comparable/syngas fuel exclusion for fuels meeting
the requirements of paragraphs (a) or (b) and (c)(1) of this section applies
only if the fuel is burned in the following units that also shall be subject to
Federal/State/local air emission requirements, including all applicable CAA MACT
requirements:
(i) Industrial furnaces as defined in §260.10 of this chapter;
(ii) Boilers, as defined in §260.10 of this chapter, that are further defined
as follows:
(A) Industrial boilers located on the site of a facility engaged in a
manufacturing process where substances are transformed into new products,
including the component parts of products, by mechanical or chemical processes;
or
(B) Utility boilers used to produce electric power, steam, heated or cooled
air, or other gases or fluids for sale;
(iii) Hazardous waste incinerators subject to regulation under subpart O of
parts 264 or 265 of this chapter or applicable CAA MACT standards.
(iv) Gas turbines used to produce electric power, steam, heated or cooled
air, or other gases or fluids for sale.
(3) Blending to meet the viscosity specification. A hazardous waste
blended to meet the viscosity specification shall:
(i) As generated and prior to any blending, manipulation, or processing meet
the constituent and heating value specifications of paragraphs (a)(1)(i) and
(a)(2) of this section;
(ii) Be blended at a facility that is subject to the applicable requirements
of parts 264 and 265, or §262.34 of this chapter; and
(iii) Not violate the dilution prohibition of paragraph (c)(6) of this
chapter.
(4) Treatment to meet the comparable fuel exclusion specifications.
(i) A hazardous waste may be treated to meet the exclusion specifications of
paragraphs (a)(1) and (2) of this section provided the treatment:
(A) Destroys or removes the constituent listed in the specification or raises
the heating value by removing or destroying hazardous constituents or materials;
(B) Is performed at a facility that is subject to the applicable requirements
of parts 264 and 265, or §262.34 of this Chapter; and
(C) Does not violate the dilution prohibition of paragraph (c)(6) of this
seciton.
(ii) Residuals resulting from the treatment of a hazardous waste listed in
subpart D of this part to generate a comparable fuel remain a hazardous waste.
(5) Generation of a syngas fuel. (i) A syngas fuel can be generated
from the processing of hazardous wastes to meet the exclusion specifications of
paragraph (b) of this section provided the processing:
(A) Destroys or removes the constituent listed in the specification or raises
the heating value by removing or destroying constituents or materials;
(B) Is performed at a facility that is subject to the applicable requirements
of parts 264 and 265, or §262.34 of this chapter or is an exempt recycling unit
pursuant to §261.6(c) of this chapter; and
(C) Does not violate the dilution prohibition of paragraph (c)(6) of this
chapter.
(ii) Residuals resulting from the treatment of a hazardous waste listed in
subpart D of this part to generate a syngas fuel remain a hazardous waste.
(6) Dilution prohibition for comparable and syngas fuels. No
generator, transporter, handler, or owner or operator of a treatment, storage,
or disposal facility shall in any way dilute a hazardous waste to meet the
exclusion specifications of paragraph (a)(1)(i), (a)(2) or (b) of this section.
(7) Waste analysis plans. The generator of a comparable/syngas fuel
shall develop and follow a written waste analysis plan which describes the
procedures for sampling and analysis of the hazardous waste to be excluded. The
waste analysis plan shall be developed in accordance with the applicable
sections of the "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods" (SW-846). The plan shall be followed and retained at the facility
excluding the waste.
(i) At a minimum, the plan must specify:
(A) The parameters for which each hazardous waste will be analyzed and the
rationale for the selection of those parameters;
(B) The test methods which will be used to test for these parameters;
(C) The sampling method which will be used to obtain a representative sample
of the waste to be analyzed;
(D) The frequency with which the initial analysis of the waste will be
reviewed or repeated to ensure that the analysis is accurate and up to date; and
(E) If process knowledge is used in the waste determination, any information
prepared by the generator in making such determination.
(ii) The waste analysis plan shall also contain records of the following:
(A) The dates and times waste samples were obtained, and the dates the
samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the samples;
(C) A description of the temporal and spatial locations of the samples;
(D) The name and address of the laboratory facility at which analyses of the
samples were performed;
(E) A description of the analytical methods used, including any clean-up and
sample preparation methods;
(F) All quantitation limits achieved and all other quality control results
for the analysis (including method blanks, duplicate analyses, matrix spikes,
etc.), laboratory quality assurance data, and description of any deviations from
analytical methods written in the plan or from any other activity written in the
plan which occurred;
(G) All laboratory results demonstrating that the exclusion specifications
have been met for the waste; and
(H) All laboratory documentation that support the analytical results, unless
a contract between the claimant and the laboratory provides for the
documentation to be maintained by the laboratory for the period specified in
paragraph (c)(11) of this section and also provides for the availability of the
documentation to the claimant upon request.
(iii) Syngas fuel generators shall submit for approval, prior to performing
sampling, analysis, or any management of a syngas fuel as an excluded waste, a
waste analysis plan containing the elements of paragraph (c)(7)(i) of this
section to the appropriate regulatory authority. The approval of waste analysis
plans must be stated in writing and received by the facility prior to sampling
and analysis to demonstrate the exclusion of a syngas. The approval of the waste
analysis plan may contain such provisions and conditions as the regulatory
authority deems appropriate.
(8) Comparable fuel sampling and analysis. (i) General. For each waste
for which an exclusion is claimed, the generator of the hazardous waste must
test for all the constituents on appendix VIII to this part, except those that
the generator determines, based on testing or knowledge, should not be present
in the waste. The generator is required to document the basis of each
determination that a constituent should not be present. The generator may not
determine that any of the following categories of constituents should not be
present:
(A) A constituent that triggered the toxicity characteristic for the waste
constituents that were the basis of the listing of the waste stream, or
constituents for which there is a treatment standard for the waste code in 40
CFR 268.40;
(B) A constituent detected in previous analysis of the waste;
(C) Constituents introduced into the process that generates the waste; or
(D) Constituents that are byproducts or side reactions to the process that
generates the waste.
Note to paragraph (c)(8): Any claim under this section must be valid
and accurate for all hazardous constituents; a determination not to test for a
hazardous constituent will not shield a generator from liability should that
constituent later be found in the waste above the exclusion specifications.
(ii) For each waste for which the exclusion is claimed where the generator of
the comparable/syngas fuel is not the original generator of the hazardous waste,
the generator of the comparable/syngas fuel may not use process knowledge
pursuant to paragraph (c)(8)(i) of this section and must test to determine that
all of the constituent specifications of paragraphs (a)(2) and (b) of this
section have been met.
(iii) The comparable/syngas fuel generator may use any reliable analytical
method to demonstrate that no constituent of concern is present at
concentrations above the specification levels. It is the responsibility of the
generator to ensure that the sampling and analysis are unbiased, precise, and
representative of the waste. For the waste to be eligible for exclusion, a
generator must demonstrate that:
(A) Each constituent of concern is not present in the waste above the
specification level at the 95% upper confidence limit around the mean; and
(B) The analysis could have detected the presence of the constituent at or
below the specification level at the 95% upper confidence limit around the mean.
(iv) Nothing in this paragraph preempts, overrides or otherwise negates the
provision in §262.11 of this chapter, which requires any person who generates a
solid waste to determine if that waste is a hazardous waste.
(v) In an enforcement action, the burden of proof to establish conformance
with the exclusion specification shall be on the generator claiming the
exclusion.
(vi) The generator must conduct sampling and analysis in accordance with
their waste analysis plan developed under paragraph (c)(7) of this section.
(vii) Syngas fuel and comparable fuel that has not been blended in order to
meet the kinematic viscosity specifications shall be analyzed as generated.
(viii) If a comparable fuel is blended in order to meet the kinematic
viscosity specifications, the generator shall:
(A) Analyze the fuel as generated to ensure that it meets the constituent and
heating value specifications; and
(B) After blending, analyze the fuel again to ensure that the blended fuel
continues to meet all comparable/syngas fuel specifications.
(ix) Excluded comparable/syngas fuel must be re-tested, at a minimum,
annually and must be retested after a process change that could change the
chemical or physical properties of the waste.
(9) Speculative accumulation. Any persons handling a comparable/syngas
fuel are subject to the speculative accumulation test under §261.2(c)(4) of this
chapter.
(10) Records. The generator must maintain records of the following
information on-site:
(i) All information required to be submitted to the implementing authority as
part of the notification of the claim:
(A) The owner/operator name, address, and RCRA facility ID number of the
person claiming the exclusion;
(B) The applicable EPA Hazardous Waste Codes for each hazardous waste
excluded as a fuel; and
(C) The certification signed by the person claiming the exclusion or his
authorized representative.
(ii) A brief description of the process that generated the hazardous waste
and process that generated the excluded fuel, if not the same;
(iii) An estimate of the average and maximum monthly and annual quantities of
each waste claimed to be excluded;
(iv) Documentation for any claim that a constituent is not present in the
hazardous waste as required under paragraph (c)(8)(i) of this section;
(v) The results of all analyses and all detection limits achieved as required
under paragraph (c)(8) of this section;
(vi) If the excluded waste was generated through treatment or blending,
documentation as required under paragraph (c)(3) or (4) of this section;
(vii) If the waste is to be shipped off-site, a certification from the burner
as required under paragraph (c)(12) of this section;
(viii) A waste analysis plan and the results of the sampling and analysis
that includes the following:
(A) The dates and times waste samples were obtained, and the dates the
samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the samples;
(C) A description of the temporal and spatial locations of the samples;
(D) The name and address of the laboratory facility at which analyses of the
samples were performed;
(E) A description of the analytical methods used, including any clean-up and
sample preparation methods;
(F) All quantitation limits achieved and all other quality control results
for the analysis (including method blanks, duplicate analyses, matrix spikes,
etc.), laboratory quality assurance data, and description of any deviations from
analytical methods written in the plan or from any other activity written in the
plan which occurred;
(G) All laboratory analytical results demonstrating that the exclusion
specifications have been met for the waste; and
(H) All laboratory documentation that support the analytical results, unless
a contract between the claimant and the laboratory provides for the
documentation to be maintained by the laboratory for the period specified in
paragraph (c)(11) of this section and also provides for the availability of the
documentation to the claimant upon request; and
(ix) If the generator ships comparable/syngas fuel off-site for burning, the
generator must retain for each shipment the following information on-site:
(A) The name and address of the facility receiving the comparable/syngas fuel
for burning;
(B) The quantity of comparable/syngas fuel shipped and delivered;
(C) The date of shipment or delivery;
(D) A cross-reference to the record of comparable/syngas fuel analysis or
other information used to make the determination that the comparable/syngas fuel
meets the specifications as required under paragraph (c)(8) of this section; and
(E) A one-time certification by the burner as required under paragraph
(c)(12) of this section.
(11) Records retention. Records must be maintained for the period of
three years. A generator must maintain a current waste analysis plan during that
three year period.
(12) Burner certification. Prior to submitting a notification to the
State and Regional Directors, a comparable/syngas fuel generator who intends to
ship their fuel off-site for burning must obtain a one-time written, signed
statement from the burner:
(i) Certifying that the comparable/syngas fuel will only be burned in an
industrial furnace or boiler, utility boiler, or hazardous waste incinerator, as
required under paragraph (c)(2) of this section;
(ii) Identifying the name and address of the units that will burn the
comparable/syngas fuel; and
(iii) Certifying that the state in which the burner is located is authorized
to exclude wastes as comparable/syngas fuel under the provisions of this
section.
(13) Ineligible waste codes. Wastes that are listed because of
presence of dioxins or furans, as set out in Appendix VII of this part, are not
eligible for this exclusion, and any fuel produced from or otherwise containing
these wastes remains a hazardous waste subject to full RCRA hazardous waste
management requirements.
[63 FR 33823, June 19, 1998, as amended at 64 FR 53070, Sept. 30,
1999; 64 FR 63213, Nov. 19, 1999; 65 FR 42302, July 10,
2000]
SUBPART E -- XXX
[TOP]
§xxx
xxx
Link
to an amendment published at 67 FR 78731, Dec. 26, 2002.
Appendix I to Part 261 -- Representative Sampling
Methods
The methods and equipment used for sampling waste materials will vary with
the form and consistency of the waste materials to be sampled. Samples collected
using the sampling protocols listed below, for sampling waste with properties
similar to the indicated materials, will be considered by the Agency to be
representative of the waste.
Extremely viscous liquid -- ASTM Standard D140-70 Crushed or powdered
material -- ASTM Standard D346-75 Soil or rock-like material -- ASTM Standard
D420-69 Soil-like material -- ASTM Standard D1452-65
Fly Ash-like material -- ASTM Standard D2234-76 [ASTM Standards are available
from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes -- "COLIWASA" described in "Test Methods for the
Evaluation of Solid Waste, Physical/Chemical Methods," 1a U.S.
Environmental Protection Agency, Office of Solid Waste, Washington, DC 20460.
[Copies may be obtained from Solid Waste Information, U.S. Environmental
Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio 45268]
1aThese methods are also described in "Samplers and Sampling
Procedures for Hazardous Waste Streams," EPA 600/2-80-018, January
1980.
Liquid waste in pits, ponds, lagoons, and similar reservoirs. -- "Pond
Sampler" described in "Test Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods." 1a
This manual also contains additional information on application of these
protocols.
Appendix II to Part 261 -- Method 1311 Toxicity Characteristic
Leaching Procedure (TCLP)
Note: The TCLP (Method 1311) is published in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
incorporated by reference in §260.11 of this chapter.
[58 FR 46049, Aug. 31, 1993]
Appendix III to Part 261 -- Chemical Analysis Test
Methods
Note: Appropriate analytical procedures to determine whether a sample
contains a given toxic constituent are specified in Chapter Two, "Choosing the
Correct Procedure" found in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference
in §260.11 of this chapter. Prior to final sampling and analysis method
selection, the individual should consult the specific section or method
described in SW-846 for additional guidance on which of the approved methods
should be employed for a specific sample analysis situation.
[58 FR 46049, Aug. 31, 1993]
Appendix IV
to Part 261 [Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261 [Reserved for Infectious Waste Treatment
Specifications] Appendix VI to Part 261 [Reserved for
Etiologic Agents]
Appendix VII to Part 261 -- Basis for Listing Hazardous
Waste
------------------------------------------------------------------------
Hazardous constituents for which
EPA hazardous waste No. listed
------------------------------------------------------------------------
F001............................ Tetrachloroethylene, methylene
chloride trichloroethylene, 1,1,1-
trichloroethane, carbon
tetrachloride, chlorinated
fluorocarbons.
F002............................ Tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, chlorobenzene, 1,1,2-
trichloro-1,2,2-trichfluoroethane,
ortho-dichlorobenzene,
trichlorofluoromethane.
F003............................ N.A.
F004............................ Cresols and cresylic acid,
nitrobenzene.
F005............................ Toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, 2-
ethoxyethanol, benzene, 2-
nitropropane.
F006............................ Cadmium, hexavalent chromium, nickel,
cyanide (complexed).
F007............................ Cyanide (salts).
F008............................ Cyanide (salts).
F009............................ Cyanide (salts).
F010............................ Cyanide (salts).
F011............................ Cyanide (salts).
F012............................ Cyanide (complexed).
F019............................ Hexavalent chromium, cyanide
(complexed).
F020............................ Tetra- and pentachlorodibenzo-p-
dioxins; tetra and pentachlorodi-
benzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F021............................ Penta- and hexachlorodibenzo-p-
dioxins; penta- and
hexachlorodibenzofurans;
pentachlorophenol and its
derivatives.
F022............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F023............................ Tetra-, and pentachlorodibenzo-p-
dioxins; tetra- and
pentachlorodibenzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F024............................ Chloromethane, dichloromethane,
trichloromethane, carbon
tetrachloride, chloroethylene, 1,1-
dichloroethane, 1,2-dichloroethane,
trans-1-2-dichloroethylene, 1,1-
dichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, trichloroethylene,
1,1,1,2-tetra-chloroethane, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene,
pentachloroethane, hexachloroethane,
allyl chloride (3-chloropropene),
dichloropropane, dichloropropene, 2-
chloro-1,3-butadiene, hexachloro-1,3-
butadiene, hexachlorocyclopentadiene,
hexachlorocyclohexane, benzene,
chlorbenzene, dichlorobenzenes, 1,2,4-
trichlorobenzene, tetrachlorobenzene,
pentachlorobenzene,
hexachlorobenzene, toluene,
naphthalene.
F025............................ Chloromethane; Dichloromethane;
Trichloromethane; Carbon
tetrachloride; Chloroethylene; 1,1-
Dichloroethane; 1,2-Dichloroethane;
trans-1,2-Dichloroethylene; 1,1-
Dichloroethylene; 1,1,1-
Trichloroethane; 1,1,2-
Trichloroethane; Trichloroethylene;
1,1,1,2-Tetrachloroethane; 1,1,2,2-
Tetrachloroethane;
Tetrachloroethylene;
Pentachloroethane; Hexachloroethane;
Allyl chloride (3-Chloropropene);
Dichloropropane; Dichloropropene; 2-
Chloro-1,3-butadiene; Hexachloro-1,3-
butadiene; Hexachlorocyclopentadiene;
Benzene; Chlorobenzene;
Dichlorobenzene; 1,2,4-
Trichlorobenzene; Tetrachlorobenzene;
Pentachlorobenzene;
Hexachlorobenzene; Toluene;
Naphthalene.
F026............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F027............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F028............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F032............................ Benz(a)anthracene, benzo(a)pyrene,
dibenz(a,h)-anthracene, indeno(1,2,3-
cd)pyrene, pentachlorophenol,
arsenic, chromium, tetra-, penta-,
hexa-, heptachlorodibenzo-p-dioxins,
tetra-, penta-, hexa-,
heptachlorodibenzofurans.
F034............................ Benz(a)anthracene,
benzo(k)fluoranthene, benzo(a)pyrene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene, naphthalene, arsenic,
chromium.
F035............................ Arsenic, chromium, lead.
F037............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.
F038............................ Benzene, benzo(a)pyrene chrysene,
lead, chromium.
F039............................ All constituents for which treatment
standards are specified for multi-
source leachate (wastewaters and
nonwastewaters) under 40 CFR
268.43(a), Table CCW.
K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, cresosote,
chrysene, naphthalene, fluoranthene,
benzo(b)fluoranthene, benzo(a)pyrene,
indeno(1,2,3-cd)pyrene,
benz(a)anthracene,
dibenz(a)anthracene, acenaphthalene.
K002............................ Hexavalent chromium, lead
K003............................ Hexavalent chromium, lead.
K004............................ Hexavalent chromium.
K005............................ Hexavalent chromium, lead.
K006............................ Hexavalent chromium.
K007............................ Cyanide (complexed), hexavalent
chromium.
K008............................ Hexavalent chromium.
K009............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid.
K010............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid,
chloroacetaldehyde.
K011............................ Acrylonitrile, acetonitrile,
hydrocyanic acid.
K013............................ Hydrocyanic acid, acrylonitrile,
acetonitrile.
K014............................ Acetonitrile, acrylamide.
K015............................ Benzyl chloride, chlorobenzene,
toluene, benzotrichloride.
K016............................ Hexachlorobenzene,
hexachlorobutadiene, carbon
tetrachloride, hexachloroethane,
perchloroethylene.
K017............................ Epichlorohydrin, chloroethers
[bis(chloromethyl) ether and bis (2-
chloroethyl) ethers],
trichloropropane, dichloropropanols.
K018............................ 1,2-dichloroethane, trichloroethylene,
hexachlorobutadiene,
hexachlorobenzene.
K019............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K020............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K021............................ Antimony, carbon tetrachloride,
chloroform.
K022............................ Phenol, tars (polycyclic aromatic
hydrocarbons).
K023............................ Phthalic anhydride, maleic anhydride.
K024............................ Phthalic anhydride, 1,4-
naphthoquinone.
K025............................ Meta-dinitrobenzene, 2,4-
dinitrotoluene.
K026............................ Paraldehyde, pyridines, 2-picoline.
K027............................ Toluene diisocyanate, toluene-2, 4-
diamine.
K028............................ 1,1,1-trichloroethane, vinyl chloride.
K029............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, vinyl chloride,
vinylidene chloride, chloroform.
K030............................ Hexachlorobenzene,
hexachlorobutadiene,
hexachloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane, ethylene
dichloride.
K031............................ Arsenic.
K032............................ Hexachlorocyclopentadiene.
K033............................ Hexachlorocyclopentadiene.
K034............................ Hexachlorocyclopentadiene.
K035............................ Creosote, chrysene, naphthalene,
fluoranthene benzo(b) fluoranthene,
benzo(a)pyrene, indeno(1,2,3-cd)
pyrene, benzo(a)anthracene,
dibenzo(a)anthracene, acenaphthalene.
K036............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K037............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K038............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K039............................ Phosphorodithioic and phosphorothioic
acid esters.
K040............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K041............................ Toxaphene.
K042............................ Hexachlorobenzene, ortho-
dichlorobenzene.
K043............................ 2,4-dichlorophenol, 2,6-
dichlorophenol, 2,4,6-
trichlorophenol.
K044............................ N.A.
K045............................ N.A.
K046............................ Lead.
K047............................ N.A.
K048............................ Hexavalent chromium, lead.
K049............................ Hexavalent chromium, lead.
K050............................ Hexavalent chromium.
K051............................ Hexavalent chromium, lead.
K052............................ Lead.
K060............................ Cyanide, napthalene, phenolic
compounds, arsenic.
K061............................ Hexavalent chromium, lead, cadmium.
K062............................ Hexavalent chromium, lead.
K064............................ Lead, cadmium.
K065............................ Do.
K066............................ Do.
K069............................ Hexavalent chromium, lead, cadmium.
K071............................ Mercury.
K073............................ Chloroform, carbon tetrachloride,
hexacholroethane, trichloroethane,
tetrachloroethylene,
dichloroethylene, 1,1,2,2-
tetrachloroethane.
K083............................ Aniline, diphenylamine, nitrobenzene,
phenylenediamine.
K084............................ Arsenic.
K085............................ Benzene, dichlorobenzenes,
trichlorobenzenes,
tetrachlorobenzenes,
pentachlorobenzene,
hexachlorobenzene, benzyl chloride.
K086............................ Lead, hexavalent chromium.
K087............................ Phenol, naphthalene.
K088............................ Cyanide (complexes).
K090............................ Chromium.
K091............................ Do.
K093............................ Phthalic anhydride, maleic anhydride.
K094............................ Phthalic anhydride.
K095............................ 1,1,2-trichloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane.
K096............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane.
K097............................ Chlordane, heptachlor.
K098............................ Toxaphene.
K099............................ 2,4-dichlorophenol, 2,4,6-
trichlorophenol.
K100............................ Hexavalent chromium, lead, cadmium.
K101............................ Arsenic.
K102............................ Arsenic.
K103............................ Aniline, nitrobenzene,
phenylenediamine.
K104............................ Aniline, benzene, diphenylamine,
nitrobenzene, phenylenediamine.
K105............................ Benzene, monochlorobenzene,
dichlorobenzenes, 2,4,6-
trichlorophenol.
K106............................ Mercury.
K107............................ 1,1-Dimethylhydrazine (UDMH).
K108............................ 1,1-Dimethylhydrazine (UDMH).
K109............................ 1,1-Dimethylhydrazine (UDMH).
K110............................ 1,1-Dimethylhydrazine (UDMH).
K111............................ 2,4-Dinitrotoluene.
K112............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K113............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K114............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine.
K115............................ 2,4-Toluenediamine.
K116............................ Carbon tetrachloride,
tetrachloroethylene, chloroform,
phosgene.
K117............................ Ethylene dibromide.
K118............................ Ethylene dibromide.
K123............................ Ethylene thiourea.
K124............................ Ethylene thiourea.
K125............................ Ethylene thiourea.
K126............................ Ethylene thiourea.
K131............................ Dimethyl sulfate, methyl bromide.
K132............................ Methyl bromide.
K136............................ Ethylene dibromide.
K141............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K142............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K143............................ Benzene, benz(a)anthracene,
benzo(b)fluoranthene,
benzo(k)fluoranthene.
K144............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene.
K145............................ Benzene, benz(a)anthracene,
benzo(a)pyrene,
dibenz(a,h)anthracene, naphthalene.
K147............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K148............................ Benz(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K149............................ Benzotrichloride, benzyl chloride,
chloroform, chloromethane,
chlorobenzene, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, toluene.
K150............................ Carbon tetrachloride, chloroform,
chloromethane, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene, 1,2,4-
trichlorobenzene.
K151............................ Benzene, carbon tetrachloride,
chloroform, hexachlorobenzene,
pentachlorobenzene, toluene, 1,2,4,5-
tetrachlorobenzene,
tetrachloroethylene.
K156............................ Benomyl, carbaryl, carbendazim,
carbofuran, carbosulfan,
formaldehyde, methylene chloride,
triethylamine.
K157............................ Carbon tetrachloride, formaldehyde,
methyl chloride, methylene chloride,
pyridine, triethylamine.
K158............................ Benomyl, carbendazim, carbofuran,
carbosulfan, chloroform, methylene
chloride.
K159............................ Benzene, butylate, eptc, molinate,
pebulate, vernolate.
K161............................ Antimony, arsenic, metam-sodium,
ziram.
K169............................ Benzene.
K170............................ Benzo(a)pyrene, dibenz(a,h)anthracene,
benzo (a) anthracene, benzo
(b)fluoranthene,
benzo(k)fluoranthene, 3-
methylcholanthrene, 7, 12-
dimethylbenz(a)anthracene.
K171............................ Benzene, arsenic.
K172............................ Benzene, arsenic.
K174............................ 1,2,3,4,6,7,8-Heptachlorodibenzo-p-
dioxin (1,2,3,4,6,7,8-HpCDD),
1,2,3,4,6,7,8-Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
Heptachlorodibenzofuran
(1,2,3,6,7,8,9-HpCDF), HxCDDs (All
Hexachlorodibenzo-p-dioxins), HxCDFs
(All Hexachlorodibenzofurans), PeCDDs
(All Pentachlorodibenzo-p-dioxins),
OCDD (1,2,3,4,6,7,8,9-
Octachlorodibenzo-p-dioxin, OCDF
(1,2,3,4,6,7,8,9-
Octachlorodibenzofuran), PeCDFs (All
Pentachlorodibenzofurans), TCDDs (All
tetrachlorodi-benzo-p-dioxins), TCDFs
(All tetrachlorodibenzofurans).
K175............................ Mercury
K176............................ Arsenic, Lead.
K177............................ Antimony.
K178............................ Thallium.
------------------------------------------------------------------------
N.A._Waste is hazardous because it fails the test for the characteristic
of ignitability, corrosivity, or reactivity.
[46 FR 4619, Jan. 16, 1981]
Editorial Note: For FEDERAL REGISTER citations affecting Appendix VII,
part 261, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and on GPO Access.
Appendix VIII to Part 261 -- Hazardous Constituents
----------------------------------------------------------------------------------------------------------------
Chemical Hazardous
Common name Chemical abstracts name abstracts No. waste No.
----------------------------------------------------------------------------------------------------------------
A2213...................................... Ethanimidothioic acid, 2- 30558-43-1 U394
(dimethylamino) -N-hydroxy-2-oxo-,
methyl ester.
Acetonitrile............................... Same............................... 75-05-8 U003
Acetophenone............................... Ethanone, 1-phenyl-................ 98-86-2 U004
2-Acetylaminefluarone...................... Acetamide, N-9H-fluoren-2-yl-...... 53-96-3 U005
Acetyl chloride............................ Same............................... 75-36-5 U006
1-Acetyl-2-thiourea........................ Acetamide, N-(aminothioxomethyl)-.. 591-08-2 P002
Acrolein................................... 2-Propenal......................... 107-02-8 P003
Acrylamide................................. 2-Propenamide...................... 79-06-1 U007
Acrylonitrile.............................. 2-Propenenitrile................... 107-13-1 U009
Aflatoxins................................. Same............................... 1402-68-2 ...........
Aldicarb................................... Propanal, 2-methyl-2-(methylthio)-, 116-06-3 P070
O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone........................... Propanal, 2-methyl-2- 1646-88-4 P203
(methylsulfonyl) -, O-
[(methylamino) carbonyl] oxime.
Aldrin..................................... 1,4,5,8-Dimethanonaphthalene, 309-00-2 P004
1,2,3,4,10,10-10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alph
a, 8abeta)-.
Allyl alcohol.............................. 2-Propen-1-ol...................... 107-18-6 P005
Allyl chloride............................. 1-Propane, 3-chloro................ 107-18-6 ...........
Aluminum phosphide......................... Same............................... 20859-73-8 P006
4-Aminobiphenyl............................ [1,1[prime]-Biphenyl]-4-amine...... 92-67-1 ...........
5-(Aminomethyl)-3-isoxazolol............... 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4 P007
4-Aminopyridine............................ 4-Pyridinamine..................... 504-24-5 P008
Amitrole................................... 1H-1,2,4-Triazol-3-amine........... 61-82-5 U011
Ammonium vanadate.......................... Vanadic acid, ammonium salt........ 7803-55-6 P119
Aniline.................................... Benzenamine........................ 62-53-3 U012
Antimony................................... Same............................... 7440-36-0 ...........
Antimony compounds, N.O.S. \1\............. ................................... ................. ...........
Aramite.................................... Sulfurous acid, 2-chloroethyl 2-[4- 140-57-8 ...........
(1,1-dimethylethyl)phenoxy]-1-
methylethyl ester.
Arsenic.................................... Same............................... 7440-38-2 ...........
Arsenic compounds, N.O.S. \1\.............. ................................... ................. ...........
Arsenic acid............................... Arsenic acid H[INF]3[/INF] 7778-39-4 P010
AsO[INF]4[/INF].
Arsenic pentoxide.......................... Arsenic oxide As[INF]2[/INF] 1303-28-2 P011
O[INF]5[/INF].
Arsenic trioxide........................... Arsenic oxide As[INF]2[/INF] 1327-53-3 P012
O[INF]3[/INF].
Auramine................................... Benzenamine, 4,4[prime]- 492-80-8 U014
carbonimidoylbis[N,N-dimethyl.
Azaserine.................................. L-Serine, diazoacetate (ester)..... 115-02-6 U015
Barban..................................... Carbamic acid, (3-chlorophenyl) -, 101-27-9 U280
4-chloro-2-butynyl ester.
Barium..................................... Same............................... 7440-39-3 ...........
Barium compounds, N.O.S. \1\............... ................................... ................. ...........
Barium cyanide............................. Same............................... 542-62-1 P013
Bendiocarb................................. 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22781-23-3 U278
, methyl carbamate.
Bendiocarb phenol.......................... 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22961-82-6 U364
,.
Benomyl.................................... Carbamic acid, [1- [(butylamino) 17804-35-2 U271
carbonyl]- 1H-benzimidazol-2-yl] -
, methyl ester.
Benz[c]acridine............................ Same............................... 225-51-4 U016
Benz[a]anthracene.......................... Same............................... 56-55-3 U018
Benzal chloride............................ Benzene, (dichloromethyl)-......... 98-87-3 U017
Benzene.................................... Same............................... 71-43-2 U019
Benzenearsonic acid........................ Arsonic acid, phenyl-.............. 98-05-5 ...........
Benzidine.................................. [1,1[prime]-Biphenyl]-4,4 \1\- 92-87-5 U021
diamine.
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[prime]- 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 H[INF]2[/INF] 13765-19-0 U032
CrO[INF]4[/INF], calcium salt.
Calcium cyanide............................ Calcium cyanide Ca(CN)[INF]2[/INF]. 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[prime]-bis(2- 494-03-1 U026
chloroethyl)-.
Chloroacetaldehyde......................... Acetaldehyde, chloro-.............. 107-20-0 P023
Chloroalkyl ethers, N.O.S. \1\............. ................................... ................. ...........
p-Chloroaniline............................ Benzenamine, 4-chloro-............. 106-47-8 P024
Chlorobenzene.............................. Benzene, chloro-................... 108-90-7 U037
Chlorobenzilate............................ Benzeneacetic acid, 4-chloro-alpha- 510-15-6 U038
(4-chlorophenyl)-alpha-hydroxy-,
ethyl ester.
p-Chloro-m-cresol.......................... Phenol, 4-chloro-3-methyl-......... 59-50-7 U039
2-Chloroethyl vinyl ether.................. Ethene, (2-chloroethoxy)-.......... 110-75-8 U042
Chloroform................................. Methane, trichloro-................ 67-66-3 U044
Chloromethyl methyl ether.................. Methane, chloromethoxy-............ 107-30-2 U046
beta-Chloronaphthalene..................... Naphthalene, 2-chloro-............. 91-58-7 U047
o-Chlorophenol............................. Phenol, 2-chloro-.................. 95-57-8 U048
1-(o-Chlorophenyl)thiourea................. Thiourea, (2-chlorophenyl)-........ 5344-82-1 P026
Chloroprene................................ 1,3-Butadiene, 2-chloro-........... 126-99-8 ...........
3-Chloropropionitrile...................... Propanenitrile, 3-chloro-.......... 542-76-7 P027
Chromium................................... Same............................... 7440-47-3 ...........
Chromium compounds, N.O.S. \1\............. ................................... ................. ...........
Chrysene................................... Same............................... 218-01-9 U050
Citrus red No. 2........................... 2-Naphthalenol, 1-[(2,5- 6358-53-8 ...........
dimethoxyphenyl)azo]-.
Coal tar creosote.......................... Same............................... 8007-45-2 ...........
Copper cyanide............................. Copper cyanide CuCN................ 544-92-3 P029
Copper dimethyldithiocarbamate............. Copper, 137-29-1 ...........
bis(dimethylcarbamodithioato-S,S')-
,.
Creosote................................... Same............................... ................. U051
Cresol (Cresylic acid)..................... Phenol, methyl-.................... 1319-77-3 U052
Crotonaldehyde............................. 2-Butenal.......................... 4170-30-3 U053
m-Cumenyl methylcarbamate.................. Phenol, 3-(methylethyl)-, methyl 64-00-6 P202
carbamate.
Cyanides (soluble salts and complexes) ................................... ................. P030
N.O.S. \1\.
Cyanogen................................... Ethanedinitrile.................... 460-19-5 P031
Cyanogen bromide........................... Cyanogen bromide (CN)Br............ 506-68-3 U246
Cyanogen chloride.......................... Cyanogen chloride (CN)Cl........... 506-77-4 P033
Cycasin.................................... beta-D-Glucopyranoside, (methyl-ONN- 14901-08-7 ...........
azoxy)methyl.
Cycloate................................... Carbamothioic acid, cyclohexylethyl- 1134-23-2 ...........
, S-ethyl ester.
2-Cyclohexyl-4,6-dinitrophenol............. Phenol, 2-cyclohexyl-4,6-dinitro-.. 131-89-5 P034
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[prime]-(2,2- 72-54-8 U060
dichloroethylidene)bis[4-chloro-.
DDE........................................ Benzene, 1,1[prime]- 72-55-9 ...........
(dichloroethenylidene)bis[4-chloro-
.
DDT........................................ Benzene, 1,1[prime]-(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[prime]-Dichlorobenzidine............... [1,1[prime]-Biphenyl]-4,4[prime]- 91-94-1 U073
diamine, 3,3[prime]-dichloro-.
1,4-Dichloro-2-butene...................... 2-Butene, 1,4-dichloro-............ 764-41-0 U074
Dichlorodifluoromethane.................... Methane, dichlorodifluoro-......... 75-71-8 U075
Dichloroethylene, N.O.S. \1\............... Dichloroethylene................... 25323-30-2 ...........
1,1-Dichloroethylene....................... Ethene, 1,1-dichloro-.............. 75-35-4 U078
1,2-Dichloroethylene....................... Ethene, 1,2-dichlrol-, (E)-........ 156-60-5 U079
Dichloroethyl ether........................ Ethane, 1,1[prime]oxybis[2-chloro-. 111-44-4 U025
Dichloroisopropyl ether.................... Propane, 2,2[prime]-oxybis[2-chloro- 108-60-1 U027
.
Dichloromethoxy ethane..................... Ethane, 1,1[prime]- 111-91-1 U024
[methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether....................... Methane, oxybis[chloro-............ 542-88-1 P016
2,4-Dichlorophenol......................... Phenol, 2,4-dichloro-.............. 120-83-2 U081
2,6-Dichlorophenol......................... Phenol, 2,6-dichloro-.............. 87-65-0 U082
Dichlorophenylarsine....................... Arsonous dichloride, phenyl-....... 696-28-6 P036
Dichloropropane, N.O.S. \1\................ Propane, dichloro-................. 26638-19-7 ...........
Dichloropropanol, N.O.S. \1\............... Propanol, dichloro-................ 26545-73-3 ...........
Dichloropropene, N.O.S. \1\................ 1-Propene, dichloro-............... 26952-23-8 ...........
1,3-Dichloropropene........................ 1-Propene, 1,3-dichloro-........... 542-75-6 U084
Dieldrin................................... 2,7:3,6-Dimethanonaphth[2,3- 60-57-1 P037
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta
, 6aalpha,7beta,7aalpha)-.
1,2:3,4-Diepoxybutane...................... 2,2[prime]-Bioxirane............... 1464-53-5 U085
Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038
Diethylene glycol, dicarbamate............. Ethanol, 2,2'-oxybis-, dicarbamate. 5952-26-1 U395
1,4-Diethyleneoxide........................ 1,4-Dioxane........................ 123-91-1 U108
Diethylhexyl phthalate..................... 1,2-Benzenedicarboxylic acid, bis(2- 117-81-7 U028
ethylhexyl) ester.
N,N[prime]-Diethylhydrazine................ Hydrazine, 1,2-diethyl-............ 1615-80-1 U086
O,O-Diethyl S-methyl dithiophosphate....... Phosphorodithioic acid, O,O-diethyl 3288-58-2 U087
S-methyl ester.
Diethyl-p-nitrophenyl phosphate............ Phosphoric acid, diethyl 4- 311-45-5 P041
nitrophenyl ester.
Diethyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-66-2 U088
diethyl ester.
O,O-Diethyl O-pyrazinyl phosphoro- thioate. Phosphorothioic acid, O,O-diethyl O- 297-97-2 P040
pyrazinyl ester.
Diethylstilbesterol........................ Phenol, 4,4[prime]-(1,2-diethyl-1,2- 56-53-1 U089
ethenediyl)bis-, (E)-.
Dihydrosafrole............................. 1,3-Benzodioxole, 5-propyl-........ 94-58-6 U090
Diisopropylfluorophosphate (DFP)........... Phosphorofluoridic acid, bis(1- 55-91-4 P043
methylethyl) ester.
Dimethoate................................. Phosphorodithioic acid, O,O- 60-51-5 P044
dimethyl S-[2-(methylamino)-2-
oxoethyl] ester.
3,3[prime]-Dimethoxybenzidine.............. [1,1[prime]-Biphenyl]-4,4[prime]- 119-90-4 U091
diamine, 3,3[prime]-dimethoxy-.
p-Dimethylaminoazobenzene.................. Benzenamine, N,N-dimethyl-4- 60-11-7 U093
(phenylazo)-.
7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U094
3,3[prime]-Dimethylbenzidine............... [1,1[prime]-Biphenyl]-4,4[prime]- 119-93-7 U095
diamine, 3,3[prime]-dimethyl-.
Dimethylcarbamoyl chloride................. Carbamic chloride, dimethyl-....... 79-44-7 U097
1,1-Dimethylhydrazine...................... Hydrazine, 1,1-dimethyl-........... 57-14-7 U098
1,2-Dimethylhydrazine...................... Hydrazine, 1,2-dimethyl-........... 540-73-8 U099
alpha,alpha-Dimethylphenethylamine......... Benzeneethanamine, alpha,alpha- 122-09-8 P046
dimethyl-.
2,4-Dimethylphenol......................... Phenol, 2,4-dimethyl-.............. 105-67-9 U101
Dimethyl phthalate......................... 1,2-Benzenedicarboxylic acid, 131-11-3 U102
dimethyl ester.
Dimethyl sulfate........................... Sulfuric acid, dimethyl ester...... 77-78-1 U103
Dimetilan.................................. Carbamic acid, dimethyl-, 1- 644-64-4 P191
[(dimethylamino) carbonyl]-5-
methyl-1H-pyrazol-3-yl ester.
Dinitrobenzene, N.O.S. \1\................. Benzene, dinitro-.................. 25154-54-5 ...........
4,6-Dinitro-o-cresol....................... Phenol, 2-methyl-4,6-dinitro-...... 534-52-1 P047
4,6-Dinitro-o-cresol salts................. ................................... ................. P047
2,4-Dinitrophenol.......................... Phenol, 2,4-dinitro-............... 51-28-5 P048
2,4-Dinitrotoluene......................... Benzene, 1-methyl-2,4-dinitro-..... 121-14-2 U105
2,6-Dinitrotoluene......................... Benzene, 2-methyl-1,3-dinitro-..... 606-20-2 U106
Dinoseb.................................... Phenol, 2-(1-methylpropyl)-4,6- 88-85-7 P020
dinitro-.
Di-n-octyl phthalate....................... 1,2-Benzenedicarboxylic acid, 117-84-0 U017
dioctyl ester.
Diphenylamine.............................. Benzenamine, N-phenyl-............. 122-39-4 ...........
1,2-Diphenylhydrazine...................... Hydrazine, 1,2-diphenyl-........... 122-66-7 U109
Di-n-propylnitrosamine..................... 1-Propanamine, N-nitroso-N-propyl-. 621-64-7 U111
Disulfiram................................. Thioperoxydicarbonic diamide, 97-77-8 ...........
tetraethyl.
Disulfoton................................. Phosphorodithioic acid, O,O-diethyl 298-04-4 P039
S-[2-(ethylthio)ethyl] ester.
Dithiobiuret............................... Thioimidodicarbonic diamide 541-53-7 P049
[(H[INF]2[/INF] N)C(S)][INF]2[/
INF] NH.
Endosulfan................................. 6,9-Methano-2,4,3- 115-29-7 P050
benzodioxathiepin, 6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-
hexahydro-, 3-oxide.
Endothall.................................. 7-Oxabicyclo[2.2.1]heptane-2,3- 145-73-3 P088
dicarboxylic acid.
Endrin..................................... 2,7:3,6-Dimethanonaphth[2,3- 72-20-8 P051
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octa-hydro-,
(1aalpha,2beta,2abeta,3alpha,6alph
a, 6abeta,7beta,7aalpha)-.
Endrin metabolites......................... ................................... ................. P051
Epichlorohydrin............................ Oxirane, (chloromethyl)-........... 106-89-8 U041
Epinephrine................................ 1,2-Benzenediol, 4-[1-hydroxy-2- 51-43-4 P042
(methylamino)ethyl]-, (R)-.
EPTC....................................... Carbamothioic acid, dipropyl-, S- 759-94-4 ...........
ethyl ester.
Ethyl carbamate (urethane)................. Carbamic acid, ethyl ester......... 51-79-6 U238
Ethyl cyanide.............................. Propanenitrile..................... 107-12-0 P101
Ethyl Ziram................................ Zinc, bis(diethylcarbamodithioato- 14324-55-1 ...........
S,S')-.
Ethylenebisdithiocarbamic acid............. Carbamodithioic acid, 1,2- 111-54-6 U114
ethanediylbis-.
Ethylenebisdithiocarbamic acid, salts and ................................... ................. U114
esters.
Ethylene dibromide......................... Ethane, 1,2-dibromo-............... 106-93-4 U067
Ethylene dichloride........................ Ethane, 1,2-dichloro-.............. 107-06-2 U077
Ethylene glycol monoethyl ether............ Ethanol, 2-ethoxy-................. 110-80-5 U359
Ethyleneimine.............................. Aziridine.......................... 151-56-4 P054
Ethylene oxide............................. Oxirane............................ 75-21-8 U115
Ethylenethiourea........................... 2-Imidazolidinethione.............. 96-45-7 U116
Ethylidene dichloride...................... Ethane, 1,1-dichloro-.............. 75-34-3 U076
Ethyl methacrylate......................... 2-Propenoic acid, 2-methyl-, ethyl 97-63-2 U118
ester.
Ethyl methanesulfonate..................... Methanesulfonic acid, ethyl ester.. 62-50-0 U119
Famphur.................................... Phosphorothioic acid, O-[4- 52-85-7 P097
[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester.
Ferbam..................................... Iron, tris(dimethylcarbamodithioato- 14484-64-1 ...........
S,S')-,.
Fluoranthene............................... Same............................... 206-44-0 U120
Fluorine................................... Same............................... 7782-41-4 P056
Fluoroacetamide............................ Acetamide, 2-fluoro-............... 640-19-7 P057
Fluoroacetic acid, sodium salt............. Acetic acid, fluoro-, sodium salt.. 62-74-8 P058
Formaldehyde............................... Same............................... 50-00-0 U122
Formetanate hydrochloride.................. Methanimidamide, N,N-dimethyl- 23422-53-9 P198
N[prime]-[3-[[(methylamino)
carbonyl]oxy]phenyl]-,
monohydrochloride.
Formic acid................................ Same............................... 64-18-6 U123
Formparanate............................... Methanimidamide, N,N-dimethyl- 17702-57-7 P197
N[prime]-[2-methyl-4-
[[(methylamino)
carbonyl]oxy]phenyl]-.
Glycidylaldehyde........................... Oxiranecarboxyaldehyde............. 765-34-4 U126
Halomethanes, N.O.S. \1\................... ................................... ................. ...........
Heptachlor................................. 4,7-Methano-1H-indene, 76-44-8 P059
1,4,5,6,7,8,8-heptachloro-
3a,4,7,7a-tetrahydro-.
Heptachlor epoxide......................... 2,5-Methano-2H-indeno[1,2- 1024-57-3 ...........
b]oxirene, 2,3,4,5,6,7,7-
heptachloro-1a,1b,5,5a,6,6a-hexa-
hydro-,
(1aalpha,1bbeta,2alpha,5alpha,
5abeta,6beta,6aalpha)-.
Heptachlor epoxide (alpha, beta, and gamma ................................... ................. ...........
isomers).
Heptachlorodibenzofurans................... ................................... ................. ...........
Heptachlorodibenzo-p-dioxins............... ................................... ................. ...........
Hexachlorobenzene.......................... Benzene, hexachloro-............... 118-74-1 U127
Hexachlorobutadiene........................ 1,3-Butadiene, 1,1,2,3,4,4- 87-68-3 U128
hexachloro-.
Hexachlorocyclopentadiene.................. 1,3-Cyclopentadiene, 1,2,3,4,5,5- 77-47-4 U130
hexachloro-.
Hexachlorodibenzo-p-dioxins................ ................................... ................. ...........
Hexachlorodibenzofurans.................... ................................... ................. ...........
Hexachloroethane........................... Ethane, hexachloro-................ 67-72-1 U131
Hexachlorophene............................ Phenol, 2,2[prime]- 70-30-4 U132
methylenebis[3,4,6-trichloro-.
Hexachloropropene.......................... 1-Propene, 1,1,2,3,3,3-hexachloro-. 1888-71-7 U243
Hexaethyl tetraphosphate................... Tetraphosphoric acid, hexaethyl 757-58-4 P062
ester.
Hydrazine.................................. Same............................... 302-01-2 U133
Hydrogen cyanide........................... Hydrocyanic acid................... 74-90-8 P063
Hydrogen fluoride.......................... Hydrofluoric acid.................. 7664-39-3 U134
Hydrogen sulfide........................... Hydrogen sulfide H[INF]2[/INF] S... 7783-06-4 U135
Indeno[1,2,3-cd]pyrene..................... Same............................... 193-39-5 U137
3-Iodo-2-propynyl n-butylcarbamate......... Carbamic acid, butyl-, 3-iodo-2- 55406-53-6 ...........
propynyl ester.
Isobutyl alcohol........................... 1-Propanol, 2-methyl-.............. 78-83-1 U140
Isodrin.................................... 1,4,5,8-Dimethanonaphthalene, 465-73-6 P060
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,
8beta,8abeta)-.
Isolan..................................... Carbamic acid, dimethyl-, 3-methyl- 119-38-0 P192
1-(1-methylethyl)-1H-pyrazol-5-yl
ester.
Isosafrole................................. 1,3-Benzodioxole, 5-(1-propenyl)-.. 120-58-1 U141
Kepone..................................... 1,3,4-Metheno-2H- 143-50-0 U142
cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-.
Lasiocarpine............................... 2-Butenoic acid, 2-methyl-,7-[[2,3- 303-34-1 4143
dihydroxy-2-(1-methoxyethyl)-3-
methyl-1-
oxobutoxy]methyl]-2,3,5,7a-
tetrahydro-1H-pyrrolizin-1-yl
ester,.
[1S-
[1alpha(Z),7(2S*,3R*),7aalpha]]-.
Lead....................................... Same............................... 7439-92-1 ...........
Lead compounds, N.O.S.[SU]1[/SU]........... ................................... ................. ...........
Lead acetate............................... Acetic acid, lead(2+) salt......... 301-04-2 U144
Lead phosphate............................. Phosphoric acid, lead(2+) salt 7446-27-7 U145
(2:3).
Lead subacetate............................ Lead, bis(acetato-O)tetrahydroxytri- 1335-32-6 U146
.
Lindane.................................... Cyclohexane, 1,2,3,4,5,6-hexachloro- 58-89-9 U129
, (1alpha,2alpha,3beta,4alpha,
5alpha,6beta)-.
Maleic anhydride........................... 2,5-Furandione..................... 108-31-6 U147
Maleic hydrazide........................... 3,6-Pyridazinedione, 1,2-dihydro-.. 123-33-1 U148
Malononitrile.............................. Propanedinitrile................... 109-77-3 U149
Manganese dimethyldithiocarbamate.......... Manganese, 15339-36-3 P196
bis(dimethylcarbamodithioato-
S,S[prime])-,.
Melphalan.................................. L-Phenylalanine, 4-[bis(2- 148-82-3 U150
chloroethyl)aminol]-.
Mercury.................................... Same............................... 7439-97-6 U151
Mercury compounds, N.O.S.[SU]1[/SU]........ ................................... ................. ...........
Mercury fulminate.......................... Fulminic acid, mercury(2+) salt.... 628-86-4 P065
Metam Sodium............................... Carbamodithioic acid, methyl-, 137-42-8
monosodium salt.
Methacrylonitrile.......................... 2-Propenenitrile, 2-methyl-........ 126-98-7 U152
Methapyrilene.............................. 1,2-Ethanediamine, N,N-dimethyl- 91-80-5 U155
N[prime]-2-pyridinyl-N[prime]-(2-
thienylmethyl)-.
Methiocarb................................. Phenol, (3,5-dimethyl-4- 2032-65-7 P199
(methylthio)-, methylcarbamate.
Methomyl................................... Ethanimidothioic acid, N- 16752-77-5 P066
[[(methylamino)carbonyl]oxy]-,
methyl ester.
Methoxychlor............................... Benzene, 1,1[prime]-(2,2,2- 72-43-5 U247
trichloroethylidene)bis[4-methoxy-.
Methyl bromide............................. Methane, bromo-.................... 74-83-9 U029
Methyl chloride............................ Methane, chloro-................... 74-87-3 U045
Methyl chlorocarbonate..................... Carbonochloridic acid, methyl ester 79-22-1 U156
Methyl chloroform.......................... Ethane, 1,1,1-trichloro-........... 71-55-6 U226
3-Methylcholanthrene....................... Benz[j]aceanthrylene, 1,2-dihydro-3- 56-49-5 U157
methyl-.
4,4[prime]-Methylenebis(2-chloroaniline)... Benzenamine, 4,4[prime]- 101-14-4 U158
methylenebis[2-chloro-.
Methylene bromide.......................... Methane, dibromo-.................. 74-95-3 U068
Methylene chloride......................... Methane, dichloro-................. 75-09-2 U080
Methyl ethyl ketone (MEK).................. 2-Butanone......................... 78-93-3 U159
Methyl ethyl ketone peroxide............... 2-Butanone, peroxide............... 1338-23-4 U160
Methyl hydrazine........................... Hydrazine, methyl-................. 60-34-4 P068
Methyl iodide.............................. Methane, iodo-..................... 74-88-4 U138
Methyl isocyanate.......................... Methane, isocyanato-............... 624-83-9 P064
2-Methyllactonitrile....................... Propanenitrile, 2-hydroxy-2-methyl- 75-86-5 P069
Methyl methacrylate........................ 2-Propenoic acid, 2-methyl-, methyl 80-62-6 U162
ester.
Methyl methanesulfonate.................... Methanesulfonic acid, methyl ester. 66-27-3 ...........
Methyl parathion........................... Phosphorothioic acid, O,O-dimethyl 298-00-0 P071
O-(4-nitrophenyl) ester.
Methylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 56-04-2 U164
methyl-2-thioxo-.
Metolcarb.................................. Carbamic acid, methyl-, 3- 1129-41-5 P190
methylphenyl ester.
Mexacarbate................................ Phenol, 4-(dimethylamino)-3,5- 315-18-4 P128
dimethyl-, methylcarbamate (ester).
Mitomycin C................................ Azirino[2[prime],3[prime]:3,4]pyrro 50-07-7 U010
lo[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)]-..
MNNG....................................... Guanidine, N-methyl-N[prime]-nitro- 70-25-7 U163
N-nitroso-.
Molinate................................... 1H-Azepine-1-carbothioic acid, 2212-67-1 ...........
hexahydro-, S-ethyl ester.
Mustard gas................................ Ethane, 1,1[prime]-thiobis[2-chloro- 505-60-2 ...........
.
Naphthalene................................ Same............................... 91-20-3 U165
1,4-Naphthoquinone......................... 1,4-Naphthalenedione............... 130-15-4 U166
alpha-Naphthylamine........................ 1-Naphthalenamine.................. 134-32-7 U167
beta-Naphthylamine......................... 2-Naphthalenamine.................. 91-59-8 U168
alpha-Naphthylthiourea..................... Thiourea, 1-naphthalenyl-.......... 86-88-4 P072
Nickel..................................... Same............................... 7440-02-0 ...........
Nickel compounds, N.O.S.[SU]1[/SU]......... ................................... ................. ...........
Nickel carbonyl............................ Nickel carbonyl Ni(CO)[INF]4[/INF], 13463-39-3 P073
(T-4)-.
Nickel cyanide............................. Nickel cyanide Ni(CN)[INF]2[/INF].. 557-19-7 P074
Nicotine................................... Pyridine, 3-(1-methyl-2- 54-11-5 P075
pyrrolidinyl)-, (S)-.
Nicotine salts............................. ................................... ................. P075
Nitric oxide............................... Nitrogen oxide NO.................. 10102-43-9 P076
p-Nitroaniline............................. Benzenamine, 4-nitro-.............. 100-01-6 P077
Nitrobenzene............................... Benzene, nitro-.................... 98-95-3 U169
Nitrogen dioxide........................... Nitrogen oxide NO[INF]2[/INF]...... 10102-44-0 P078
Nitrogen mustard........................... Ethanamine, 2-chloro-N-(2- 51-75-2 ...........
chloroethyl)-N-methyl-.
Nitrogen mustard, hydrochloride salt....... ................................... ................. ...........
Nitrogen mustard N-oxide................... Ethanamine, 2-chloro-N-(2- 126-85-2 ...........
chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride ................................... ................. ...........
salt.
Nitroglycerin.............................. 1,2,3-Propanetriol, trinitrate..... 55-63-0 P081
p-Nitrophenol.............................. Phenol, 4-nitro-................... 100-02-7 U170
2-Nitropropane............................. Propane, 2-nitro-.................. 79-46-9 U171
Nitrosamines, N.O.S. \1\................... ................................... 35576-91-1D ...........
N-Nitrosodi-n-butylamine................... 1-Butanamine, N-butyl-N-nitroso-... 924-16-3 U172
N-Nitrosodiethanolamine.................... Ethanol, 2,2[prime]- 1116-54-7 U173
(nitrosoimino)bis-.
N-Nitrosodiethylamine...................... Ethanamine, N-ethyl-N-nitroso-..... 55-18-5 U174
N-Nitrosodimethylamine..................... Methanamine, N-methyl-N-nitroso-... 62-75-9 P082
N-Nitroso-N-ethylurea...................... Urea, N-ethyl-N-nitroso-........... 759-73-9 U176
N-Nitrosomethylethylamine.................. Ethanamine, N-methyl-N-nitroso-.... 10595-95-6 ...........
N-Nitroso-N-methylurea..................... Urea, N-methyl-N-nitroso-.......... 684-93-5 U177
N-Nitroso-N-methylurethane................. Carbamic acid, methylnitroso-, 615-53-2 U178
ethyl ester.
N-Nitrosomethylvinylamine.................. Vinylamine, N-methyl-N-nitroso-.... 4549-40-0 P084
N-Nitrosomorpholine........................ Morpholine, 4-nitroso-............. 59-89-2 ...........
N-Nitrosonornicotine....................... Pyridine, 3-(1-nitroso-2- 16543-55-8 ...........
pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................ Piperidine, 1-nitroso-............. 100-75-4 U179
N-Nitrosopyrrolidine....................... Pyrrolidine, 1-nitroso-............ 930-55-2 U180
N-Nitrososarcosine......................... Glycine, N-methyl-N-nitroso-....... 13256-22-9 ...........
5-Nitro-o-toluidine........................ Benzenamine, 2-methyl-5-nitro-..... 99-55-8 U181
Octachlorodibenzo-p-dioxin (OCDD).......... 1,2,3,4,6,7,8,9-Octachlorodibenzo-p- 3268-87-9 ...........
dioxin.
Octachlorodibenzofuran (OCDF).............. 1,2,3,4,6,7,8,9- 39001-02-0 ...........
Octachlorodibenofuran.
Octamethylpyrophosphoramide................ Diphosphoramide, octamethyl-....... 152-16-9 P085
Osmium tetroxide........................... Osmium oxide OsO[INF]4[/INF], (T-4)- 20816-12-0 P087
.
Oxamyl..................................... Ethanimidothioc acid, 2- 23135-22-0 P194
(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-
, methyl ester.
Paraldehyde................................ 1,3,5-Trioxane, 2,4,6-trimethyl-... 123-63-7 U182
Parathion.................................. Phosphorothioic acid, O,O-diethyl O- 56-38-2 P089
(4-nitrophenyl) ester.
Pebulate................................... Carbamothioic acid, butylethyl-, S- 1114-71-2 ...........
propyl ester.
Pentachlorobenzene......................... Benzene, pentachloro-.............. 608-93-5 U183
Pentachlorodibenzo-p-dioxins............... ................................... ................. ...........
Pentachlorodibenzofurans................... ................................... ................. ...........
Pentachloroethane.......................... Ethane, pentachloro-............... 76-01-7 U184
Pentachloronitrobenzene (PCNB)............. Benzene, pentachloronitro-......... 82-68-8 U185
Pentachlorophenol.......................... Phenol, pentachloro-............... 87-86-5 See F027
Phenacetin................................. Acetamide, N-(4-ethoxyphenyl)-..... 62-44-2 U187
Phenol..................................... Same............................... 108-95-2 U188
Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ...........
Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 P092
Phenylthiourea............................. Thiourea, phenyl-.................. 103-85-5 P093
Phosgene................................... Carbonic dichloride................ 75-44-5 P095
Phosphine.................................. Same............................... 7803-51-2 P096
Phorate.................................... Phosphorodithioic acid, O,O-diethyl 298-02-2 P094
S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S. \1\........... ................................... ................. ...........
Phthalic anhydride......................... 1,3-Isobenzofurandione............. 85-44-9 U190
Physostigmine.............................. Pyrrolo[2,3-b]indol-5-01, 57-47-6 P204
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-.
Physostigmine salicylate................... Benzoic acid, 2-hydroxy-, compd. 57-64-7 P188
with (3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl methylcarbamate
ester (1:1).
2-Picoline................................. Pyridine, 2-methyl-................ 109-06-8 U191
Polychlorinated biphenyls, N.O.S. \1\...... ................................... ................. ...........
Potassium cyanide.......................... Potassium cyanide K(CN)............ 151-50-8 P098
Potassium dimethyldithiocarbamate.......... Carbamodithioic acid, dimethyl, 128-03-0 ...........
potassium salt.
Potassium n-hydroxymethyl-n-methyl- Carbamodithioic acid, 51026-28-9 ...........
dithiocarbamate. (hydroxymethyl)methyl-,
monopotassium salt.
Potassium n-methyldithiocarbamate.......... Carbamodithioic acid, methyl- 137-41-7 ...........
monopotassium salt.
Potassium pentachlorophenate............... Pentachlorophenol, potassium salt.. 7778736 None
Potassium silver cyanide................... Argentate(1-), bis(cyano-C)-, 506-61-6 P099
potassium.
Promecarb.................................. Phenol, 3-methyl-5-(1-methylethyl)- 2631-37-0 P201
, methyl carbamate.
Pronamide.................................. Benzamide, 3,5-dichloro-N-(1,1- 23950-58-5 U192
dimethyl-2-propynyl)-.
1,3-Propane sultone........................ 1,2-Oxathiolane, 2,2-dioxide....... 1120-71-4 U193
n-Propylamine.............................. 1-Propanamine...................... 107-10-8 U194
Propargyl alcohol.......................... 2-Propyn-1-ol...................... 107-19-7 P102
Propham.................................... Carbamic acid, phenyl-, 1- 122-42-9 U373
methylethyl ester.
Propoxur................................... Phenol, 2-(1-methylethoxy)-, 114-26-1 U411
methylcarbamate.
Propylene dichloride....................... Propane, 1,2-dichloro-............. 78-87-5 U083
1,2-Propylenimine.......................... Aziridine, 2-methyl-............... 75-55-8 P067
Propylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 51-52-5 ...........
propyl-2-thioxo-.
Prosulfocarb............................... Carbamothioic acid, dipropyl-, S- 52888-80-9 U387
(phenylmethyl) ester.
Pyridine................................... Same............................... 110-86-1 U196
Reserpine.................................. Yohimban-16-carboxylic acid, 11,17- 50-55-5 U200
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-smethyl
ester,
(3beta,16beta,17alpha,18beta,20alp
ha)-.
Resorcinol................................. 1,3-Benzenediol.................... 108-46-3 U201
Saccharin.................................. 1,2-Benzisothiazol-3(2H)-one, 1,1- 81-07-2 U202
dioxide.
Saccharin salts............................ ................................... ................. U202
Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203
Selenium................................... Same............................... 7782-49-2 ...........
Selenium compounds, N.O.S. \1\............. ................................... ................. ...........
Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204
Selenium sulfide........................... Selenium sulfide SeS[INF]2[/INF]... 7488-56-4 U205
Selenium, tetrakis(dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 ...........
dithiocarbamate). tetraanhydrosulfide with
orthothioselenious acid.
Selenourea................................. Same............................... 630-10-4 P103
Silver..................................... Same............................... 7440-22-4 ...........
Silver compounds, N.O.S. \1\............... ................................... ................. ...........
Silver cyanide............................. Silver cyanide Ag(CN).............. 506-64-9 P104
Silvex (2,4,5-TP).......................... Propanoic acid, 2-(2,4,5- 93-72-1 See F027
trichlorophenoxy)-.
Sodium cyanide............................. Sodium cyanide Na(CN).............. 143-33-9 P106
Sodium dibutyldithiocarbamate.............. Carbamodithioic acid, dibutyl, 136-30-1 ...........
sodium salt.
Sodium diethyldithiocarbamate.............. Carbamodithioic acid, diethyl-, 148-18-5
sodium salt.
Sodium dimethyldithiocarbamate............. Carbamodithioic acid, dimethyl-, 128-04-1 ...........
sodium salt.
Sodium pentachlorophenate.................. Pentachlorophenol, sodium salt..... 131522 None
Streptozotocin............................. D-Glucose, 2-deoxy-2- 18883-66-4 U206
[[(methylnitrosoamino)carbonyl]ami
no]-.
Strychnine................................. Strychnidin-10-one................. 57-24-9 P108
Strychnine salts........................... ................................... ................. P108
Sulfallate................................. Carbamodithioic acid, diethyl-, 2- 95-06-7 ...........
chloro-2-propenyl ester.
TCDD....................................... Dibenzo[b,e][1,4]dioxin, 2,3,7,8- 1746-01-6 ...........
tetrachloro-.
Tetrabutylthiuram disulfide................ Thioperoxydicarbonic diamide, 1634-02-2 ...........
tetrabutyl.
1,2,4,5-Tetrachlorobenzene................. Benzene, 1,2,4,5-tetrachloro-...... 95-94-3 U207
Tetrachlorodibenzo-p-dioxins............... ................................... ................. ...........
Tetrachlorodibenzofurans................... ................................... ................. ...........
Tetrachloroethane, N.O.S. \1\.............. Ethane, tetrachloro-, N.O.S........ 25322-20-7 ...........
1,1,1,2-Tetrachloroethane.................. Ethane, 1,1,1,2-tetrachloro-....... 630-20-6 U208
1,1,2,2-Tetrachloroethane.................. Ethane, 1,1,2,2-tetrachloro-....... 79-34-5 U209
Tetrachloroethylene........................ Ethene, tetrachloro-............... 127-18-4 U210
2,3,4,6-Tetrachlorophenol.................. Phenol, 2,3,4,6-tetrachloro-....... 58-90-2 See F027
2,3,4,6-tetrachlorophenol, potassium salt.. same............................... 53535276 None
2,3,4,6-tetrachlorophenol, sodium salt..... same............................... 25567559 None
Tetraethyldithiopyrophosphate.............. Thiodiphosphoric acid, tetraethyl 3689-24-5 P109
ester.
Tetraethyl lead............................ Plumbane, tetraethyl-.............. 78-00-2 P110
Tetraethyl pyrophosphate................... Diphosphoric acid, tetraethyl ester 107-49-3 P111
Tetramethylthiuram monosulfide............. Bis(dimethylthiocarbamoyl) sulfide. 97-74-5 ...........
Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112
Thallium................................... Same............................... 7440-28-0 ...........
Thallium compounds, N.O.S. \1\............. ................................... ................. ...........
Thallic oxide.............................. Thallium oxide Tl[INF]2[/INF] 1314-32-5 P113
O[INF]3[/INF].
Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214
Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215
Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216
Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217
Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
Thiofanox.................................. 2-Butanone, 3,3-dimethyl-1- 39196-18-4 P045
(methylthio)-, 0-
[(methylamino)carbonyl] oxime.
Thiomethanol............................... Methanethiol....................... 74-93-1 U153
Thiophanate-methyl......................... Carbamic acid, [1,2-phyenylenebis 23564-05-8 U409
(iminocarbonothioyl)] bis-,
dimethyl ester.
Thiophenol................................. Benzenethiol....................... 108-98-5 P014
Thiosemicarbazide.......................... Hydrazinecarbothioamide............ 79-19-6 P116
Thiourea................................... Same............................... 62-56-6 U219
Thiram..................................... Thioperoxydicarbonic diamide 137-26-8 U244
[(H[INF]2[/INF] N)C(S)][INF]2[/
INF] S[INF]2[/INF], tetramethyl-.
Tirpate.................................... 1,3-Dithiolane-2-carboxaldehyde, 26419-73-8 P185
2,4-dimethyl-, O-[(methylamino)
carbonyl] oxime.
Toluene.................................... Benzene, methyl-................... 108-88-3 U220
Toluenediamine............................. Benzenediamine, ar-methyl-......... 25376-45-8 U221
Toluene-2,4-diamine........................ 1,3-Benzenediamine, 4-methyl-...... 95-80-7 ...........
Toluene-2,6-diamine........................ 1,3-Benzenediamine, 2-methyl-...... 823-40-5 ...........
Toluene-3,4-diamine........................ 1,2-Benzenediamine, 4-methyl-...... 496-72-0 ...........
Toluene diisocyanate....................... Benzene, 1,3-diisocyanatomethyl-... 26471-62-5 U223
o-Toluidine................................ Benzenamine, 2-methyl-............. 95-53-4 U328
o-Toluidine hydrochloride.................. Benzenamine, 2-methyl-, 636-21-5 U222
hydrochloride.
p-Toluidine................................ Benzenamine, 4-methyl-............. 106-49-0 U353
Toxaphene.................................. Same............................... 8001-35-2 P123
Triallate.................................. Carbamothioic acid, bis(1- 2303-17-5 U389
methylethyl)-, S-(2,3,3-trichloro-
2-propenyl) ester.
1,2,4-Trichlorobenzene..................... Benzene, 1,2,4-trichloro-.......... 120-82-1 ...........
1,1,2-Trichloroethane...................... Ethane, 1,1,2-trichloro-........... 79-00-5 U227
Trichloroethylene.......................... Ethene, trichloro-................. 79-01-6 U228
Trichloromethanethiol...................... Methanethiol, trichloro-........... 75-70-7 P118
Trichloromonofluoromethane................. Methane, trichlorofluoro-.......... 75-69-4 U121
2,4,5-Trichlorophenol...................... Phenol, 2,4,5-trichloro-........... 95-95-4 See F027
2,4,6-Trichlorophenol...................... Phenol, 2,4,6-trichloro-........... 88-06-2 See F027
2,4,5-T.................................... Acetic acid, (2,4,5- 93-76-5 See F027
trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\............... ................................... 25735-29-9 ...........
1,2,3-Trichloropropane..................... Propane, 1,2,3-trichloro-.......... 96-18-4 ...........
Triethylamine.............................. Ethanamine, N,N-diethyl-........... 121-44-8 U404
O,O,O-Triethyl phosphorothioate............ Phosphorothioic acid, O,O,O- 126-68-1 ...........
triethyl ester.
1,3,5-Trinitrobenzene...................... Benzene, 1,3,5-trinitro-........... 99-35-4 U234
Tris(1-aziridinyl)phosphine sulfide........ Aziridine, 52-24-4 ...........
1,1[prime],1[prime][prime]-
phosphinothioylidynetris-.
Tris(2,3-dibromopropyl) phosphate.......... 1-Propanol, 2,3-dibromo-, phosphate 126-72-7 U235
(3:1).
Trypan blue................................ 2,7-Naphthalenedisulfonic acid, 72-57-1 U236
3,3[prime]-[(3,3[prime]-
dimethyl[1,1[prime]-biphenyl]-
4,4[prime]-diyl)bis(azo)]-
bis[5-amino-4-hydroxy-,
tetrasodium salt..
Uracil mustard............................. 2,4-(1H,3H)-Pyrimidinedione, 5- 66-75-1 U237
[bis(2-chloroethyl)amino]-.
Vanadium pentoxide......................... Vanadium oxide V[INF]2[/INF] 1314-62-1 P120
O[INF]5[/INF].
Vernolate.................................. Carbamothioic acid, dipropyl-,S- 1929-77-7 ...........
propyl ester.
Vinyl chloride............................. Ethene, chloro-.................... 75-01-4 U043
Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 U248
(3-oxo-1-phenylbutyl)-, when
present at concentrations less
than 0.3%.
Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 P001
(3-oxo-1-phenylbutyl)-, when
present at concentrations greater
than 0.3%.
Warfarin salts, when present at ................................... ................. U248
concentrations less than 0.3%.
Warfarin salts, when present at ................................... ................. P001
concentrations greater than 0.3%.
Zinc cyanide............................... Zinc cyanide Zn(CN)[INF]2[/INF].... 557-21-1 P121
Zinc phosphide............................. Zinc phosphide Zn[INF]3[/INF] 1314-84-7 P122
P[INF]2[/INF], when present at
concentrations greater than 10%.
Zinc phosphide............................. Zinc phosphide Zn[INF]3[/INF] 1314-84-7 U249
P[INF]2[/INF], when present at
concentrations of 10% or less.
Ziram...................................... ZInc, bis(dimethylcarbamodithioato- 137-30-4 P205
S,S')-, (T-4)-.
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
specifically listed by name in this appendix.
[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881,
Oct. 31, 1988; 54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR
7568, Feb. 25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 1997; 63
FR 24625, May 4, 1998; 65 FR 14475, Mar. 17, 2000; 65 FR 67127, Nov. 8,
2000]
Appendix IX to Part 261 -- Wastes Excluded Under §§260.20 and
260.22 Table 1_Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Aluminum Company 750 Norcold Ave., Wastewater treatment plant (WWTP)
of America. Sidney, Ohio sludges generated from the
45365. chemical conversion coating of
aluminum (EPA Hazardous Waste No.
F019) and WWTP sludges generated
from electroplating operations
(EPA Hazardous Waste No. F006)
and stored in an on-site
landfill. This is an exclusion
for approximately 16,772 cubic
yards of landfilled WWTP filter
cake. This exclusion applies only
if the waste filter cake remains
in place or, if excavated, is
disposed of in a Subtitle D
landfill which is permitted,
licensed, or registered by a
state to manage industrial solid
waste. This exclusion was
published on April 6, 1999.
1. The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): Arsenic_5; Barium_100;
Chromium_5; Cobalt_210;
Copper_130; Nickel_70;
Vanadium_30; Zinc_1000;
Fluoride_400; Acetone_400;
Methylene Chloride_0.5; Bis(2-
ethylhexyl)phthalate_0.6.
2. (a) If, anytime after disposal
of the delisted waste, Alcoa
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then Alcoa must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending or revoking this
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph (c) or (if
no information is presented under
paragraph (c) the initial receipt
of information described in
paragraph (a), the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Alumnitec, Inc. Jeffersonville, Dewatered wastewater treatment
(formerly IN. sludge (EPA Hazardous Waste No.
Profile F019) generated from the chemical
Extrusion Co., conversion of aluminum after
formerly United April 29, 1986.
Technologies
Automotive,
Inc.).
American Metals Westlake, Ohio... Wastewater treatment plant (WWTP)
Corporation. sludges from the chemical
conversion coating (phosphating)
of aluminum (EPA Hazardous Waste
No. F019) and other solid wastes
previously disposed in an on-site
landfill. This is a one-time
exclusion for 12,400 cubic yards
of landfilled WWTP sludge. This
exclusion is effective on January
15, 2002.
1. Delisting Levels:
(A) The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony_1.52;
arsenic_0.691; barium_100;
beryllium_3.07; cadmium_1;
chromium_5; cobalt_166;
copper_67,300; lead_5;
mercury_0.2; nickel_209;
selenium_1; silver_5;
thallium_0.65; tin_1,660;
vanadium_156; and zinc_2,070.
(B) The total constituent
concentrations in any sample may
not exceed the following levels
(mg/kg): arsenic_9,280;
mercury_94; and polychlorinated
biphenyls_0.265.
(C) Concentrations of dioxin and
furan congeners cannot exceed
values which would result in a
cancer risk greater than or equal
to 10[SU]-6[/SU] as predicted by
the model.
2. Verification Sampling_USG shall
collect six additional vertically
composited samples of sludge from
locations that compliment
historical data and shall analyze
the samples by TCLP for metals
including antimony, arsenic,
barium, beryllium, cadmium,
chromium, lead, mercury, nickel,
selenium, silver, thallium, tin,
vanadium, and zinc. If the
samples exceed the levels in
Condition (1)(a), USG must notify
EPA. The corresponding sludge and
all sludge yet to be disposed
remains hazardous until USG has
demonstrated by additional
sampling that all constituents of
concern are below the levels set
forth in condition 1.
3. Reopener Language_(a) If,
anytime after disposal of the
delisted waste, USG possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level
higher than the delisting level
established in Condition (1), or
is at a level in the groundwater
exceeding maximum allowable point
of exposure concentration
referenced by the model, then USG
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify USG in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing USG with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. USG shall
have 10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days USG presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
4. Notifications_USG must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
American Steel Scottsburg, IN... Wastewater treatment plant (WWTP)
Cord. sludge from electroplating
operations (EPA Hazardous Waste
No. F006) generated at a maximum
annual rate of 3,000 cubic yards
per year, after January 26, 1999,
and disposed of in a Subtitle D
landfill.
1. Verification Testing: American
Steel Cord must implement an
annual testing program to
demonstrate, based on the
analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP extract of
the waste are within specific
levels. The constituent
concentrations must not exceed
the following levels (mg/l) which
are back-calculated from the
delisting health-based levels and
a DAF of 68. Arsenic_3.4;
Barium_100; Cadmium_.34;
Chromium_5; Copper_88.4.;
Lead_1.02; Mercury_.136;
Nickel_6.8.; Selenium_1;
Silver_5; Zinc_680; Cyanide_13.6;
Acetone_272; Benzo butyl
phthlate_476; Chloroform_.68; 1,4-
Dichlorobenzene_.272; cis-1,2-
Dichloroethene_27.2; Methylene
chloride_.34; Naphthalene_68;
Styrene_6.8;
Tetrachloroethene_.34;
Toluene_68; and Xylene_680.
American Steel Cord must measure
and record the pH of the waste
using SW 846 method 9045 and must
record all pH measurements
performed in accordance with the
TCLP.
2. Changes in Operating
Conditions: If American Steel
Cord significantly changes the
manufacturing or treatment
process or the chemicals used in
the manufacturing or treatment
process, American Steel Cord may
handle the WWTP filter press
sludge generated from the new
process under this exclusion only
after the facility has
demonstrated that the waste meets
the levels set forth in paragraph
1 and that no new hazardous
constituents listed in Appendix
VIII of Part 261 have been
introduced.
3. Data Submittals: The data
obtained through annual
verification testing or
compliance with paragraph 2 must
be submitted to U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604-3590, within 60 days of
sampling. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be made
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 260.22(I)(12).
4. (a) If, anytime after disposal
of the delisted waste, American
Steel Cord possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then American Steel Cord
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph (c) or (if
no information is presented under
paragraph (c) the initial receipt
of information described in
paragraph (a), the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Ampex Recording Opelika, Alabama. Solvent recovery residues in the
Media powder or pellet form (EPA
Corporation. Hazardous Waste Nos. F003 and
F005) generated from the recovery
of spent solvents from the
manufacture of tape recording
media (generated at a maximum
annual rate of 1,000 cubic yards
in the powder or pellet form)
after August 9, 1993. In order to
confirm that the characteristics
of the wastes do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
of the waste (in its final form)
for the constituents listed in 40
CFR 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Alabama.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Aptus, Inc....... Coffeyville, Kiln residue and spray dryer/
Kansas. baghouse residue (EPA Hazardous
Waste No. F027) generated during
the treatment of cancelled
pesticides containing 2,4,5-T and
Silvex and related materials by
Aptus' incinerator at
Coffeyville, Kansas after
December 27, 1991, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Aptus must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (4), regardless of
whether or not the demonstration
in Condition (5) has been made.
(2) A minimum of four grab samples
must be taken from each hopper
(or other container) of kiln
residue generated during each 24
hour run; all grabs collected
during a given 24 hour run must
then be composited to form one
composite sample. A minimum of
four grab samples must also be
taken from each hopper (or other
container) of spray dryer/
baghouse residue generated during
each 24 hour run; all grabs
collected during a given 24 hour
run must then be composited to
form one composite sample. Prior
to the disposal of the residues
from each 24 hour run, a TCLP
leachate test must be performed
on these composite samples and
the leachate analyzed for the TC
toxic metals, nickel, and
cyanide. If arsenic, chromium,
lead or silver TC leachate test
results exceed 1.6 ppm, barium
levels exceed 32 ppm, cadmium or
selenium levels exceed 0.3 ppm,
mercury levels exceed 0.07 ppm,
nickel levels exceed 10 ppm, or
cyanide levels exceed 6.5 ppm,
the wastes must be retreated to
achieve these levels or must be
disposed in accordance with
subtitle C of RCRA. Analyses must
be performed according to SW-846
methodologies.
(3) Aptus must generate, prior to
the disposal of the residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Condition (2). Analyses must be
performed according to SW-846
methodologies. Any residues which
exceed any of the levels listed
below must be retreated or must
be disposed of as hazardous.
Kiln residue and spray dryer/
baghouse residue must not exceed
the following levels:
Aldrin_0.015 ppm
Benzene_9.7 ppm
Benzo(a)pyrene_0.43 ppm
Benzo(b)fluoranthene_1.8 ppm
Chlordane_0.37 ppm
Chloroform_5.4 ppm
Chrysene_170 ppm
Dibenz(a,h)anthracene_0.083 ppm
1,2-Dichloroethane_4.1 ppm
Dichloromethane_2.4 ppm
2,4-Dichlorophenol_480 ppm
Dichlorvos_260 ppm
Disulfaton_23 ppm
Endosulfan I_310 ppm
Fluorene_120 ppm
Indeno(1,2,3,cd)-pyrene_330 ppm
Methyl parathion_210 ppm
Nitrosodiphenylamine_130 ppm
Phenanthrene_150 ppm
Polychlorinated biphenyls_0.31 ppm
Tetrachloroethylene_59 ppm
2,4,5-TP (silvex)_110 ppm
2,4,6-Trichlorophenol_3.9 ppm
(4) Aptus must generate, prior to
disposal of residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Condition (2). The TCDD
equivalent levels for the solid
residues must be less than 5 ppt.
Any residues with detected
dioxins or furans in excess of
this level must be retreated or
must be disposed of as acutely
hazardous. SW-846 Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method
must be used. For tetra- and
penta-chlorinated dioxin and
furan homologs, the maximum
practical quantitation limit must
not exceed 15 ppt for the solid
residues. For hexachlorinated
dioxin and furan homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
the solid residues.
(5) The test data from Conditions
(1), (2), (3), and (4) must be
kept on file by Aptus for
inspection purposes and must be
compiled, summarized, and
submitted to the Director for the
Characterization and Assessment
Division, Office of Solid Waste,
by certified mail on a monthly
basis and when the treatment of
the cancelled pesticides and
related materials is concluded.
The testing requirements for
Conditions (2), (3), and (4) will
continue until Aptus provides the
Director with the results of four
consecutive batch analyses for
the petitioned wastes, none of
which exceed the maximum
allowable levels listed in these
conditions and the director
notifies Aptus that the
conditions have been lifted. All
data submitted will be placed in
the RCRA public docket.
(6) Aptus must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, I
certify that the information
contained in or accompanying this
document is true, accurate, and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.''
Arco Building Sugarcreek, Ohio. Dewatered wastewater treatment
Products. sludge (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Arco Chemical Co. Miami, FL........ Dewatered wastewater treatment
sludge (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after April 29, 1986.
Arkansas Vertac Superfund Kiln ash, cyclone ash, and calcium
Department of site, chloride salts from incineration
Pollution Jacksonville, of residues (EPA Hazardous Waste
Control and Arkansas. No. F020 and F023) generated from
Ecology. the primary production of 2,4,5-T
and 2,4-D after August 24, 1990.
This one-time exclusion applies
only to the incineration of the
waste materials described in the
petition, and it is conditional
upon the data obtained from
ADPC&E's full-scale
incineration facility. To ensure
that hazardous constituents are
not present in the waste at
levels of regulatory concern once
the full-scale treatment facility
is in operation, ADPC&E must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing: Sample collection
and analyses (including
quality control (QC)
procedures) must be performed
according to SW-846
methodologies.
(A) Initial testing:
Representative grab samples
must be taken from each drum
and kiln ash and cyclone ash
generated from each 24 hours
of operation, and the grab
samples composited to form
one composite sample of ash
for each 24-hour period.
Representative grab samples
must also be taken from each
drum of calcium chloride
salts generated from each 24
hours of operation and
composited to form one
composite sample of calcium
chloride salts for each 24-
hour period. The initial
testing requirements must be
fullfilled for the following
wastes: (i) Incineration by-
products generated prior to
and during the incinerator's
trial burn; (ii)
incineration by-products
from the treatment of 2,4-D
wastes for one week (or 7
days if incineration is not
on consecutive days) after
completion of the trial
burn; (iii) incineration by-
products from the treatment
of blended 2,4-D and 2,4, 5-
T wastes for two weeks (or
14 days if incineration is
not on consecutive days)
after completion of the
trial burn; and (iv)
incineration by-products
from the treatment of
blended 2,4-D and 2,4,5-T
wastes for one week (or 7
days if incineration is not
on consecutive days) when
the percentage of 2, 4, 5-T
wastes exceeds the maximum
percentage treated under
Condition (1)(A)(iii). Prior
to disposal of the residues
from each 24-hour sampling
period, the daily composite
must be analyzed for all the
constituents listed in
Condition (3). ADPC&E
must report the analytical
test data, including quality
control information,
obtained during this initial
period no later than 90 days
after the start of the
operation.
(B) Subsequent testing:
Representative grab samples
of each drum of kiln and
cyclone ash generated from
each week of operation must
be composited to form one
composite sample of ash for
each weekly period.
Representative grab samples
of each drum of calcium
chloride salts generated
from each week of operation
must also be composited to
form one composite sample of
calcium chloride salts for
each weekly period.
Prior to disposal of the
residues from each weekly
sampling period, the weekly
composites must be analyzed
for all of the constituents
listed in Condition (3). The
analytical data, including
quality control information,
must be compiled and
maintained on site for a
minimum of three years.
These data must be furnished
upon request and made
available for inspection by
any employee or
representative of EPA.
(2) Waste holding: The
incineration residues that are
generated must be stored as
hazardous until the initial
verification analyses or
subsequent analyses are
completed.
If the composite incineration
residue samples (from either
Condition (1)(A) or Condition
(1)(B)) do not exceed any of
the delisting levels set in
Condition (3), the
incineration residues
corresponding to these samples
may be managed and disposed of
in accordance with all
applicable solid waste
regulations.
If any composite incineration
residue sample exceeds any of
the delisting levels set in
Condition (3), the
incineration residues
generated during the time
period corresponding to this
sample must be retreated until
they meet these levels
(analyses must be repeated) or
managed and disposed of in
accordance with subtitle C of
RCRA. Incineration residues
which are generated but for
which analysis is not complete
or valid must be managed and
disposed of in accordance with
subtitle C of RCRA, until
valid analyses demonstrate
that the wastes meet the
delisting levels.
(3) Delisting levels: If
concentrations in one or more
of the incineration residues
for any of the hazardous
constituents listed below
exceed their respective
maximum allowable
concentrations also listed
below, the batch of failing
waste must either be re-
treated until it meets these
levels or managed and disposed
of in accordance with subtitle
C of RCRA.
(A) Inorganics (Leachable):
Arsenic, 0.32 ppm; Barium,
6.3 ppm; Cadmium, 0.06 ppm;
Chromium, 0.32 ppm; Cyanide,
4.4 ppm; Lead, 0.32 ppm;
Mercury, 0.01 ppm; Nickel,
4.4 ppm; Selenium, 0.06 ppm;
Silver, 0.32 ppm. Metal
concentrations must be
measured in the waste
leachate as per 40 CFR
261.24. Cyanide extractions
must be conducted using
distilled water.
(B) Organics: Benzene, 0.87
ppm; Benzo(a)anthracene,
0.10 ppm; Benzo(a)pyrene,
0.04 ppm; Benzo
(b)fluoranthene, 0.16 ppm;
Chlorobenzene, 152 ppm; o-
Chlorophenol, 44 ppm;
Chrysene, 15 ppm; 2, 4-D,
107 ppm; DDE, 1.0 ppm;
Dibenz(a,h)anthracene, 0.007
ppm; 1, 4-Dichlorobenzene,
265 ppm; 1, 1-
Dichloroethylene, 1.3 ppm;
trans-1,2-Dichloroethylene,
37 ppm; Dichloromethane,
0.23 ppm; 2,4-
Dichlorophenol, 43 ppm;
Hexachlorobenzene, 0.26 ppm;
Indeno (1,2,3-cd) pyrene, 30
ppm; Polychlorinated
biphenyls, 12 ppm; 2,4,5-T,
1 x 10 \6\ ppm; 1,2,4,5-
Tetrachlorobenzene, 56 ppm;
Tetrachloroethylene, 3.4
ppm; Trichloroethylene, 1.1
ppm; 2,4,5-Trichlorophenol,
21,000 ppm; 2,4,6-
Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and
furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
equivalents, 4 x 10[SU]-
7ppm.[/SU]
The petitioned by-product
must be analyzed for the
tetra-, penta-, hexa-, and
heptachlorodibenzo-p-
dioxins, and the tetra-,
penta-, hexa-, and
heptachlorodibenzofurans to
determine the 2, 3, 7, 8-
tetra- chlorodibenzo-p-
dioxin equivalent
concentration. The analysis
must be conducted using
Method 8290, a high
resolution gas
chromatography/high
resolution mass spectrometry
method, and must achieve
practical quantitation
limits of 15 parts per
trillion (ppt) for the tetra-
and penta- homologs, and 37
ppt for the hexa- and hepta-
homologs.
(4) Termination of testing: Due
to the possible variability of
the incinerator feeds, the
testing requirements of
Condition (1)(B) will continue
indefinitely.
(5) Data submittals: Within one
week of system start-up,
ADPC&E must notify the
Section Chief, Variances
Section (see address below)
when the full-scale
incineration system is on-line
and waste treatment has begun.
The data obtained through
Condition (1)(A) must be
submitted to PSPD/OSW (5303W),
U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC
20460, within the time period
specified. At the Section
Chief's request, ADPC&E
must submit analytical data
obtained through Condition
(1)(B) within the time period
specified by the Section
Chief. Failure to submit the
required data obtained from
Condition (1)(A) within the
specified time period or to
maintain the required records
for the time specified in
Condition (1)(B) (or to submit
data within the time specified
by the Section Chief) will be
considered by the Agency, at
its discretion, sufficient
basis to revoke ADPC&E's
exclusion to the extent
directed by EPA. All data must
be accompanied by the
following certification
statement:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be
limited to, 18 U.S.C. 1001 and
42 U.S.C. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify
as the company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete. In the event
that any of this information
is determined by EPA in its
sole discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact
to the company, I recognize
and agree that this exclusion
of wastes will be void as if
it never had effect or to the
extent directed by EPA and
that the company will be
liable for any actions taken
in contravention of the
company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies. If EPA judges the
stabilization process to be
effective under the conditions
used during the initial
verification testing, BSC may
replace the testing required in
Condition (1)(A) with the testing
required in Condition (1)(B). BSC
must continue to test as
specified in Condition (1)(A)
until and unless notified by EPA
in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B) (to the
extent directed by EPA).
(A) Initial Verification Testing:
During at least the first eight
weeks of operation of the full-
scale treatment system, BSC must
collect and analyze weekly
composites representative of the
stabilized waste. Weekly
composites must be composed of
representative grab samples
collected from every batch during
each week of stabilization. The
composite samples must be
collected and analyzed, prior to
the disposal of the stabilized
filter cake, for all constituents
listed in Condition (3). BSC must
report the analytical test data,
including a record of the ratios
of lime kiln dust and fly ash
used and quality control
information, obtained during this
initial period no later than 60
days after the collection of the
last composite of stabilized
filter cake.
(B) Subsequent Verification
Testing: Following written
notification by EPA, BSC may
substitute the testing condition
in (1)(B) for (1)(A). BSC must
collect and analyze at least one
composite representative of the
stabilized filter cake generated
each month. Monthly composites
must be comprised of
representative samples collected
from all batches that are
stabilized in a one-month period.
The monthly samples must be
analyzed prior to the disposal of
the stabilized filter cake for
chromium, lead and nickel. BSC
may, at its discretion, analyze
composite samples more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(C) Annual Verification Testing:
In order to confirm that the
characteristics of the treated
waste do not change
significantly, BSC must, on an
annual basis, analyze a
representative composite sample
of stabilized filter cake for all
TC constituents listed in 40 CFR
§ 261.24 using the method
specified therein. This composite
sample must represent the
stabilized filter cake generated
over one week.
(2) Waste Holding and Handling:
BSC must store, as hazardous, all
stabilized filter cake generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analyses demonstrate that
the delisting levels set forth in
Condition (3) are met. If the
levels of hazardous constituents
measured in the samples of
stabilized filter cake generated
are below all the levels set
forth in Condition (3), then the
stabilized filter cake is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations. If hazardous
constituent levels in any weekly
or monthly composite sample equal
or exceed any of the delisting
levels set in Condition (3), the
stabilized filter cake generated
during the time period
corresponding to this sample must
be retreated until it is below
these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Delisting Levels: All
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR §
261.24. The leachable
concentrations for the
constituents must be below the
following levels (ppm):
arsenic_4.8; barium_100;
cadmium_0.48; chromium_5.0;
lead_1.4; mercury_0.19;
nickel_9.6; selenium_1.0;
silver_5.0.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if BSC
decides to significantly change
the stabilization process (e.g.,
stabilization reagents) developed
under Condition (1), then BSC
must notify EPA in writing prior
to instituting the change. After
written approval by EPA, BSC may
manage waste generated from the
changed process as non-hazardous
under this exclusion, provided
the other conditions of this
exclusion are fulfilled.
(5) Data Submittals: Two weeks
prior to system start-up, BSC
must notify in writing (see
address below) when stabilization
of the dewatered filter cake will
begin. The data obtained through
Condition (1)(A) must be
submitted to Waste and Chemicals
Management Division (Mail Code
3HW11), U.S. EPA Region III, 1650
Arch St., Philadelphia, PA 19103
within the time period specified.
The analytical data, including
quality control information and
records of ratios of lime kiln
dust and fly ash used, must be
compiled and maintained on site
for a minimum of five years.
These data must be furnished upon
request and made available for
inspection by EPA or the State of
Maryland. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C § 1001
and 42 U.S.C § 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BMW Manufacturing Greer, South Wastewater treatment sludge (EPA
Corporation. Carolina. Hazardous Waste No. F019) that
BMW Manufacturing Corporation
(BMW) generates by treating
wastewater from automobile
assembly plant located on Highway
101 South in Greer, South
Carolina. This is a conditional
exclusion for up to 2,850 cubic
yards of waste (hereinafter
referred to as ``BMW Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after May 2, 2001. With
prior approval by the EPA,
following a public comment
period, BMW may also beneficially
reuse the sludge. BMW must
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals must be less than
the following levels (ppm):
Barium_100.0; Cadmium_1.0;
Chromium_5.0; and Lead_5.0. All
leachable concentrations for
cyanide and nickel must not
exceed the following levels
(ppm): Cyanide_33.6; and
Nickel_70.3. These metal and
cyanide concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. The total
concentration of cyanide (total,
not amenable) in the waste, not
the waste leachate, must not
exceed 200 mg/kg. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7. The total
concentrations of metals in the
waste, not the waste leachate,
must not exceed the following
levels (ppm): Barium_2,000;
Cadmium_500; Chromium_1,000;
Lead_2,000; and Nickel_20,000.
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies, where specified by
regulations in 40 CFR parts 260-
270. Otherwise, methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the BMW Sludge meet
the delisting levels in Condition
(1).
(A) Initial Verification Testing:
BMW must conduct verification
sampling initially when test runs
of aluminum vehicle parts are run
and again when production of
vehicles with aluminum body parts
commences. For verification
sampling during the test runs,
BMW must collect and analyze a
minimum of four composite samples
of the dewatered sludge that is
generated from wastewater treated
during the time of the test runs.
For verification sampling at the
initiation of the production of
vehicle models with aluminum
parts, BMW must collect a minimum
of four composite samples from
the first roll-off box of sludge
generated after production of
automobiles with aluminum parts
reaches 50 units per day. BMW
must analyze for the constituents
listed in Condition (1). If BMW
chooses to beneficially reuse
sludge, and the reuse has been
approved by EPA, following a
public comment period,
verification testing of the
sludge must consist of analyzing
a minimum of four composite
samples of the sludge for the
constituents listed in Condition
(1).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(2)(A) is successful for both the
test runs and the commencement of
production, i.e., delisting
levels of Condition (1) are met
for all of the composite samples,
BMW must implement an annual
testing program to demonstrate
that constituent concentrations
measured in the TCLP extract and
total concentrations measured in
the unextracted waste do not
exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
BMW must store as hazardous all
BMW Sludge generated until
verification testing, as
specified in Condition (2)(A), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. If the levels of
constituents measured in the
composite samples of BMW Sludge
do not exceed the levels set
forth in Condition (1), then the
BMW Sludge is non-hazardous and
must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of BMW Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(4) Changes in Operating
Conditions: BMW must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify BMW in writing
that the BMW Sludge must be
managed as hazardous waste F019
until BMW has demonstrated that
the wastes meet the delisting
levels set forth in Condition (1)
and any levels established by EPA
for the additional constituents
of concern, and BMW has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify BMW, in writing, that BMW
must verify that the BMW Sludge
continues to meet Condition (1)
delisting levels.
(5) Data Submittals: Data obtained
in accordance with Condition
(2)(A) must be submitted to
Jewell Grubbs, Chief, RCRA
Enforcement and Compliance
Branch, Mail Code: 4WD-RCRA, U.S.
EPA, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth
Street, Atlanta, Georgia 30303.
This submission is due no later
than 60 days after filling the
first roll-off box of BMW Sludge
to be disposed in accordance with
delisting Conditions (1) through
(7) for both the test runs and
again for the commencement of
production. Records of analytical
data from Condition (2) must be
compiled, summarized, and
maintained by BMW for a minimum
of three years, and must be
furnished upon request by EPA or
the State of South Carolina, and
made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the certification
statement in 40 CFR
260.22(i)(12).
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, BMW possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, BMW must
report the data, in writing, to
EPA within 10 days of first
possessing or being made aware of
that data. (B) If the testing of
the waste, as required by
Condition (2)(B), does not meet
the delisting requirements of
Condition (1), BMW must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing BMW
with an opportunity to present
information as to why the
proposed action is not necessary.
BMW shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
BMW, as described in paragraph
(6)(D), or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
(7) Notification Requirements: BMW
must provide a one-time written
notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
Boeing Commercial Auburn, Residually contaminated soils in
Airplane Co.. Washington. an inactive sludge pile
containment area on March 27,
1990, previously used to store
wastewater treatment sludges
generated from electroplating
operations (EPA Hazardous Waste
No. F006).
Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA
Inc.. Hazardous Waste No. F006)
generated from their
electroplating operations and
contained in evaporation ponds #1
and #2 on August 12, 1987.
BWX] Technologies Lynchburg, VA.... Wastewater treatment sludge from
electroplating operations (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 500 cubic yards per year,
after January 14, 2000, and
disposed of in a Subtitle D
landfill. BWX Technologies must
meet the following conditions for
the exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
following constituents measure
using the SW-846 method 1311 (the
TCLP) must not exceed the
following levels (mg/l). (a)
Inorganic constituents_Antimony-
0.6; Arsenic-5.0; Barium-100;
Beryllium-0.4; Cadmium-0.5;
Chromium-5.0; Cobalt-210; Copper-
130; Lead-1.5; Mercury-0.2;
Nickel-70; Silver-5.0; Thallium-
0.2; Tin-2100; Zinc-1000;
Fluoride-400. (b) Organic
constituents_Acetone-400;
Methylene Chloride-0.5.
(2) Verification testing schedule:
BWX Technologies must analyze a
representative sample of the
filter cake from the pickle acid
treatment system on an annual,
calendar year basis using methods
with appropriate detection levels
and quality control procedures.
If the level of any constituent
measured in the sample of filter
cake exceeds the levels set forth
in Paragraph 1, then the waste is
hazardous and must be managed in
accordance with Subtitle C of
RCRA. Data from the annual
verification testing must be
submitted to EPA within 60 days
of the sampling event.
(3) Changes in Operating
Conditions: If BWX Technologies
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or treatment
process, BWX Technologies may not
manage the filter cake generated
from the new process under this
exclusion until it has met the
following conditions: (a) BWX
Technologies must demonstrate
that the waste meets the
delisting levels set forth in
Paragraph 1; (b) it must
demonstrate that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced into the manufacturing
or treatment process: and (c) it
must obtain prior written
approval from EPA to manage the
waste under this exclusion.
(4) Data Submittals: The data
obtained under Paragraphs 2 and 3
must be submitted to The Waste
and Chemicals Management
Division, U.S. EPA Region III,
1650 Arch Street, Philadelphia,
PA 19103. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be
furnished upon request by EPA or
the Commonwealth of Virginia, and
made available for inspection.
Failure to submit the required
data within the specified time
period or to maintain the
required records on site for the
specified time period will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent determined necessary by
EPA. All data must be accompanied
by a signed copy of the
certification statement set forth
in 40 CFR 260.22(i)(12) to attest
to the truth and accuracy of the
data submitted.
(5) Reopener:
(a) If BWX Technologies discovers
that a condition at the facility
or an assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then BWX
Technologies must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate within 10 days of
discovering that condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(6) Notification Requirements: BWX
Technologies must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
be deemed to be a violation of
this exclusion and may result in
a revocation of the decision.
Capitol Products Harrisburg, PA... Dewatered wastewater treatment
Corp.. sludges (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Capitol Products Kentland, IN..... Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 17, 1986.
Care Free Charlotte, Wastewater treatment sludge (EPA
Aluminum Michigan. Hazardous Waste No. F019)
Products, Inc.. generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 100 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
§ 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to § 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Michigan.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Chamberlian- Hot Springs, AR.. Dewatered wastewater treatment
Featherlite, sludges (EPA Hazardous Waste No.
Inc.. F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
Cincinnati Cincinnati, OH... Sluiced bottom ash (approximately
Metropolitan 25,000 cubic yards) contained in
Sewer District. the South Lagoon, on September
13, 1985 which contains EPA
Hazardous Waste Nos. F001, F002,
F003, F004, and F005.
Clay Equipment Cedar Falls, Iowa Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F006) and spent cyanide bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations and
disposed of in an on-site surface
impoundment. This is a onetime
exclusion. This exclusion was
published on August 1, 1989.
Continental Can Olympia, WA...... Dewatered wastewater treatment
Co.. sludges (DPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Dover Corp., Tulsa, OK........ Dewatered wastewater treatment
Norris Div.. sludge (EPA Hazardous Waste No.
FO06) generated from their
electroplating operations after
April 29, 1986.
DuraTherm, San Leon, Texas.. Desorber solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the thermal
desorption treatment process,
(EPA Hazardous Waste No. F037 and
F038) and that is disposed of in
subtitle D landfills after April
24, 2000.
For the exclusion to be valid,
DuraTherm must implement a
testing program that meets the
following Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels
(ppm). The petitioner must use an
acceptable leaching method, for
example SW-846, Method 1311 to
measure constituents in the waste
leachate.
Desorber solids (i) Inorganic
Constituents Arsenic_1.35;
Antimony_0.162; Barium_54.0;
Beryllium_0.108; Cadmium_0.135;
Chromium_0.6; Lead_0.405;
Nickel_2.7; Selenium_1.0;
Silver_5.0; Vanadium_5.4;
Zinc_270.
(ii) Organic Constituents
Anthracene_0.28; Benzene_0.135;
Benzo(a) anthracene_0.059;
Benzo(b)fluoranthene_0.11;
Benzo(a)pyrene_0.061; Bis-
ethylhexylphthalate_0.28; Carbon
Disulfide_3.8;
Chlorobenzene_0.057;
Chrysene_0.059; o,m,p Cresols_54;
Dibenzo (a,h) anthracene_0.055;
2,4 Dimethyl phenol_18.9; Dioctyl
phthalate_0.017;
Ethylbenzene_0.057;
Fluoranthene_0.068;
Fluorene_0.059;
Naphthalene_0.059;
Phenanthrene_0.059; Phenol_6.2;
Pyrene_0.067; Styrene_2.7;
Trichloroethylene_0.054;
Toluene_0.08; Xylene_0.032
(2) Waste Holding and Handling:
(A) DuraTherm must store the
desorber solids as described in
its RCRA permit, or continue to
dispose of as hazardous all
desorber solids generated, until
they have completed verification
testing described in Paragraph
(3)(A) and (B), as appropriate,
and valid analyses show that
paragraph (1) is satisfied.
(B) In order to isolate wastes
that have been processed in the
unit prior to one of the waste
codes to be delisted, DuraTherm
must designate the first batch of
F037, F038, K048, K049, K050, or
K051 wastes as hazardous.
Subsequent batches of these
wastes which satisfy paragraph
(1) are eligible for delisting if
they meet the criteria in
paragraph (1) and no additional
constituents (other than those of
the delisted waste streams) from
the previously processed wastes
are detected.
(C) Levels of constituents
measured in the samples of the
desorber solids that do not
exceed the levels set forth in
Paragraph (1) are nonhazardous.
DuraTherm can manage and dispose
the nonhazardous desorber solids
according to all applicable solid
waste regulations.
(D) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), DuraTherm must retreat or
stabilize the batches of waste
used to generate the
representative sample until it
meets the levels in paragraph(1).
DuraTherm must repeat the
analyses of the treated waste.
(E) If the facility has not
treated the waste, DuraTherm must
manage and dispose the waste
generated under subtitle C of
RCRA.
(3) Verification Testing
Requirements: DuraTherm must
perform sample collection and
analyses, including quality
control procedures, according to
SW-846 methodologies. If EPA
judges the process to be
effective under the operating
conditions used during the
initial verification testing,
DuraTherm may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). DuraTherm must continue
to test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, DuraTherm must do the
following:
(i) Collect and analyze composites
of the desorber solids.
(ii) Make two composites of
representative grab samples
collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
(iv) Sixty (60) days after this
exclusion becomes final, report
the operational and analytical
test data, including quality
control information.
(v) Submit the test plan for
conducting the multiple pH
leaching procedure to EPA for
approval at least 10 days before
conducting the analysis.
(vi) Conduct a multiple pH
leaching procedure on 10 samples
collected during the sixty-day
test period.
(vii) The ten samples should
include both non-stabilized and
stabilized residual solids. If
none of the samples collected
during the sixty-day test period
need to be stabilized, DuraTherm
should provide multiple pH data
on the first sample of stabilized
wastes generated.
(vii) Perform the toxicity
characteristic leaching procedure
using three different pH
extraction fluids to simulate
disposal under three conditions
and submit the results within 60
days of completion. Simulate an
acidic landfill environment,
basic landfill environment, and a
landfill environment similar to
the pH of the waste.
(B) Subsequent Verification
Testing: Following written
notification by EPA, DuraTherm
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). DuraTherm must
continue to monitor operating
conditions, and analyze
representative samples each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated in one quarter.
DuraTherm must run the multiple
pH procedure on these waste
samples.
(C) Termination of Organic
Testing: (i) DuraTherm must
continue testing as required
under Paragraph (3)(B) for
organic constituents in Paragraph
(1)(A)(ii), until the analytical
results submitted under Paragraph
(3)(B) show a minimum of two
consecutive samples below the
delisting levels in Paragraph
(1)(A)(i), DuraTherm may then
request that EPA stop quarterly
organic testing. After EPA
notifies DuraTherm in writing,
the company may end quarterly
organic testing.
(ii) Following cancellation of the
quarterly testing, DuraTherm must
continue to test a representative
composite sample for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion).
(4) Changes in Operating
Conditions: If DuraTherm
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under Paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), they must
notify EPA in writing; they may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
Paragraph (1) and they have
received written approval to do
so from EPA.
(5) Data Submittals: DuraTherm
must submit the information
described below. If DuraTherm
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Paragraph 6. DuraTherm must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, DuraTherm
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
DuraTherm must report the data,
in writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If DuraTherm fails to submit
the information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
DuraTherm must do following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. F001, F002,
F003, F005 generated at Eastman
when disposed of in a Subtitle D
landfill.
Eastman must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (mg/l). For the
wastewater treatment sludge
constituents must be measured in
the waste leachate by the method
specified in 40 CFR 261.24.
Wastewater treatment sludge:
(i) Inorganic Constituents:
Antimony-0.0515; Barium-7.30;
Cobalt-2.25; Chromium-5.0; Lead-
5.0; Mercury-0.0015; Nickel-2.83;
Selenium-0.22; Silver-0.384;
Vanadium-2.11; Zinc-28.0
(ii) Organic Constituents:
Acenaphthene-1.25; Acetone_7.13;
bis(2-ethylhexylphthalate_0.28; 2-
butanone_42.8; Chloroform_0.0099;
Fluorene_0.55; Methanol-35.7;
Methylene Chloride_0.486;
naphthalene-0.0321.
(2) Waste Holding and Handling: If
the concentrations of the sludge
exceed the levels provided in
Condition 1, then the sludge must
be treated in the Fluidized Bed
Incinerator (FBI) and meet the
requirements of that September
25, 1996 delisting exclusion to
be non-hazardous (as FBI ash). If
the sludge meets the delisting
levels provided in Condition 1,
then it's non-hazardous (as
sludge). If the waste water
treatment sludge is not managed
in the manner above, Eastman must
manage it in accordance with
applicable RCRA Subtitle C
requirements. If the levels of
constituents measured in the
samples of the waste water
treatment sludge do not exceed
the levels set forth in Condition
(1), then the waste is
nonhazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. During the
verification period, Eastman must
manage the waste in the FBI
incinerator prior to disposal.
(3) Verification Testing
Requirements: Eastman must
perform sample collection and
analyses, including quality
control procedures, according to
SW-846 methodologies. After
completion of the initial
verification period, Eastman may
replace the testing required in
Condition (3)(A) with the testing
required in Condition (3)(B).
Eastman must continue to test as
specified in Condition (3)(A)
until and unless notified by EPA
in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
At quarterly intervals for one
year after the final exclusion is
granted, Eastman must collect and
analyze composites of the
wastewater treatment sludge for
constituents listed in Condition
(1).
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Eastman
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after the final exclusion).
(4) Changes in Operating
Conditions. If Eastman
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type of waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process or
generation of volumes in excess
82,100 cubic yards of waste
annually), Eastman must (A)
notify the EPA in writing of the
change and (B) may no longer
handle or manage the waste
generated from the new process as
nonhazardous until Eastman has
demonstrated through testing the
waste meets the delisting levels
set in Condition (1) and (C)
Eastman has received written
approval to begin managing the
wastes as non-hazardous from EPA.
(5) Data Submittals. Eastman must
submit or maintain, as
applicable, the information
described below. If Eastman fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Condition (6). Eastman must:
(A) Submit the data obtained
through Condition (3) to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Condition (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
(i) Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
(ii) As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
(iii) If any of this information
is determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Eastman
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Condition (1),
Eastman must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Eastman fails to submit the
information described in
Conditions (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in Condition (6)(D) or
(if no information is presented
under Condition (6)(D)) the
initial receipt of information
described in Conditions (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements.
Eastman must do following before
transporting the delisted waste
off-site: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the exclusion.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Eli Lilly and Clinton, Indiana. Incinerator scrubber liquids,
Company. entering and contained in their
onsite surface impoundment, and
solids settling from these
liquids originating from the
burning of spent solvents (EPA
Hazardous Waste Nos. F002, F003,
and F005) contained in their
onsite surface impoundment and
solids retention area on August
18, 1988 and any new incinerator
scubber liquids and settled
solids generated in the surface
impoundment and and disposed of
in the retention are after August
12, 1988.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Dewatered wastewater sludges (EPA
Pennsylvania Pennsylvania. Hazardous Waste No .F006)
(formerly generated from electroplating
Envirite operations; spent cyanide plating
Corporation). solutions (EPA Hazardous Waste
No. F007) generated from
electroplating operations;
plating bath residues from the
bottom of plating baths (EPA
Hazardous Waste No. F008)
generated from electroplating
operations where cyanides are
used in the process; spent
stripping and cleaning bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations where
cyanides are used in the process;
spent cyanide solutions from salt
bath pot cleaning (EPA Hazardous
Waste No. F011) generated from
metal heat treating operations;
quenching wastewater treatment
sludges (EPA Hazardous Waste No.
F012) generated from metal heat
treating where cyanides are used
in the process; wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned waste.
This testing program must meet
the following conditions for the
exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm; the waste must
be re-treated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm or leachable
cyanide levels (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as a
hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1,2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in #3, above, as well as the
remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, are
not required until six months
from the date of promulgation.
The Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
EPA's Mobile Denney Farm Site; Process wastewater, rotary kiln
Incineration McDowell, MO. ash, CHEAF media, and other
System. solids (except spent activated
carbon) (EPA Hazardous Waste Nos.
F020, F022, F023, F026, F027, and
F028) generated during the field
demonstration of EPA's Mobile
Incinerator at the Denney Farm
Site in McDowell, Missouri, after
July 25, 1985, so long as: (1)
The incinerator is functioning
properly; (2) a grab sample is
taken from each tank of
wastewater generated and the EP
leachate values do not exceed
0.03 ppm for mercury, 0.14 ppm
for selenium, and 0.68 ppm for
chromium; and (3) a grab sample
is taken from each drum of soil
or ash generated and a core
sample is collected from each
CHEAF roll generated and the EP
leachate values of daily
composites do not exceed 0.044
ppm in ash or CHEAF media for
mercury or 0.22 ppm in ash or
CHEAF media for selenium.
Falconer Glass Falconer, NY..... Wastewater treatment sludges from
Indust., Inc.. the filter press and magnetic
drum separator (EPA Hazardous
Waste No. F006) generated from
electroplating operations after
July 16, 1986.
Florida Daytona Beach, This is a one-time exclusion.
Production Florida. Wastewater treatment sludges (EPA
Engineering Hazardous Waste No. F006)
Company. generated from electroplating
operations and contained in four
on-site trenches on January 23,
1987.
General Electric Shreveport Wastewater treatment sludges (EPA
Company. Louisiana. Hazardous Waste No. F006)
generated from electroplating
operations and contained in four
on-site treatment ponds on August
12, 1987.
General Motors Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix® treatment
Body Division. process on sludge (EPA Hazardous
Waste No. F006) generated from
electroplating operations and
contained in three on-site
surface impoundments on November
14, 1986. To assure that
stabilization occurs, the
following conditions apply to
this exclusion:
(1) Mixing ratios shall be
monitored continuously to assure
consistent treatment.
(2) One grab sample of the treated
waste shall be taken each hour as
it is pumped to the holding area
(cell) from each trailer unit. At
the end of each production day,
the grab samples from the
individual trailer units will be
composited and the EP toxicity
test will be run on each
composite sample. If lead or
total chromium concentrations
exceed 0.315 ppm or if nickel
exceeds 2.17 ppm, in the EP
extract, the waste will be
removed and retreated or disposed
of as a hazardous waste.
(3) The treated waste shall be
pumped into bermed cells which
are constructed to assure that
the treated waste is identifiable
and retrievable (i.e., the
material can be removed and
either disposed of as a hazardous
waste or retreated if conditions
1 or 2 are not met).
Failure to satisfy any of these
conditions would render the
exclusion void. This is a one-
time exclusion, applicable only
to the residue generated from the
use of the Chemfix[SU]®[/SU]
treatment process on the sludge
currently contained in the three
on-site surface impoundments.
General Motors Lake Orion, Wastewater treatment plant (WWTP)
Corporation. Michigan. sludge from the chemical
conversion coating (phosphate
coating) of aluminum (EPA
Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,500 tons per year (or
1,500 cubic yards per year),
after October 24, 1997 and
disposed of in a Subtitle D
landfill.
1. Verification Testing: GM must
implement an annual testing
program to demonstrate, based on
the analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP (or OWEP,
where appropriate) extract of the
waste are within specific levels.
The constituent concentrations
must not exceed the following
levels (mg/l) which are back-
calculated from the delisting
health-based levels and a DAF of
90: Arsenic_4.5; Cobalt_189;
Copper_ 126; Nickel_63;
Vanadium_18; Zinc_900; 1,2-
Dichloroethane_0.45;
Ethylbenzene_63; 4-
Methylphenol_16.2;
Naphthalene_90; Phenol_1800; and
Xylene_900. The constituent
concentrations must also be less
than the following levels (mg/l)
which are the toxicity
characteristic levels:
Barium_100.0; and Chromium
(total)_5.0.
2. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM may handle the WWTP
filter press sludge generated
from the new process under this
exclusion after the facility has
demonstrated that the waste meets
the levels set forth in paragraph
1 and that no new hazardous
constituents listed in Appendix
VIII of Part 261 have been
introduced.
3. Data Submittals: The data
obtained through annual
verification testing or paragraph
2 must be submitted to U.S. EPA
Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604-3590, within 60
days of sampling. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on
site for a minimum of five years
and must be made available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in
260.22(I)(12).
General Motors Lansing, Michigan Wastewater treatment plant (WWTP)
Corporation. sludge from the chemical
Lansing Car conversion coating (phosphate
Assembly_Body coating) of aluminum (EPA
Plant. Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,250 cubic yards per
year and disposed of in a
Subtitle D landfill, after May
16, 2000.
1. Delisting Levels:
(A) The constituent
concentrations measured in the
TCLP extract may not exceed the
following levels (mg/L):
Antimony_0.576; Arsenic_4.8;
Barium_100; Beryllium_0.384;
Cadmium_0.48; Chromium
(total)_5; Cobalt_201.6;
Copper_124.8; Lead_1.44;
Mercury_0.192; Nickel_67.2;
Selenium_1; Silver_5;
Thallium_0.192; Tin_2016;
Vanadium_28.8; Zinc_960;
Cyanide_19.2; Fluoride_384;
Acetone_336; m,p_Cresol_19.2;
1,1_Dichloroethane_0.0864;
Ethylbenzene_67.2;
Formaldehyde_672; Phenol_1920;
Toluene_96;
1,1,1_Trichloroethane_19.2;
Xylene_960.
(B) The total concentration of
formaldehyde in the waste may
not exceed 2100 mg/kg.
(C) Analysis for determining
reactivity from sulfide must be
added to verification testing
when an EPA-approved method
becomes available.
2. Verification Testing: GM must
implement an annual testing
program to demonstrate that the
constituent concentrations
measured in the TCLP extract (or
OWEP, where appropriate) of the
waste do not exceed the delisting
levels established in Condition
(1).
3. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM must notify the EPA
of the changes in writing. GM
must handle wastes generated
after the process change as
hazardous until GM has
demonstrated that the wastes meet
the delisting levels set forth in
Condition (1), that no new
hazardous constituents listed in
Appendix VIII of Part 261 have
been introduced, and GM has
received written approval from
EPA.
4. Data Submittals: GM must submit
the data obtained through annual
verification testing or as
required by other conditions of
this rule to U.S. EPA Region 5,
77 W. Jackson Blvd. (DW-8J),
Chicago, IL 60604, within 60 days
of sampling. GM must compile,
summarize, and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. GM must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
5. Reopener Language_(a) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the level predicted
by the CML model, then GM must
notify the Regional Administrator
in writing within 10 days and
must report the data within 45
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify GM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing GM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days GM presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
Geological Morrisville, Wastewater treatment sludge filter
Reclamation Pennsylvania. cake from the treatment of EPA
Operations and Hazardous Waste No. F039,
Waste Systems, generated at a maximum annual
Inc. rate of 2000 cubic yards, after
December 4, 2001, and disposed of
in a Subtitle D landfill. The
exclusion covers the filter cake
resulting from the treatment of
hazardous waste leachate derived
from only ``old'' GROWS and non-
hazardous leachate derived from
only non-hazardous waste sources.
The exclusion does not address
the waste disposed of in the
``old'' GROWS' Landfill or the
grit generated during the removal
of heavy solids from the landfill
leachate. To ensure that
hazardous constituents are not
present in the filter cake at
levels of regulatory concern,
GROWS must implement a testing
program for the petitioned waste.
This testing program must meet
the conditions listed below in
order for the exclusion to be
valid:
(1) Testing: Sample collection and
analyses, including quality
control (QC) procedures, must be
performed according to SW-846
methodologies.
(A) Sample Collection: Each batch
of waste generated over a four-
week period must be collected in
containers with a maximum
capacity of 20-cubic yards. At
the end of the four-week period,
each container must be divided
into four quadrants and a single,
full-depth core sample shall be
collected from each quadrant. All
of the full-depth core samples
then must be composited under
laboratory conditions to produce
one representative composite
sample for the four-week period.
(B) Sample Analysis: Each four-
week composite sample must be
analyzed for all of the
constituents listed in Condition
(3). The analytical data,
including quality control
information, must be submitted to
The Waste and Chemicals
Management Division, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103, and the
Pennsylvania Department of
Environmental Protection, Bureau
of Land Recycling and Waste
Management, Rachel Carson State
Office Building, 400 Market
Street, 14th Floor, Harrisburg,
PA 17105. Data from the annual
verification testing must be
compiled and submitted to EPA and
the Pennsylvania Department of
Environmental Protection within
sixty (60) days from the end of
the calendar year. All data must
be accompanied by a signed copy
of the statement set forth in 40
CFR 260.22(i)(12) to certify to
the truth and accuracy of the
data submitted. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on-
site for a minimum of three years
and must be furnished upon
request by any employee or
representative of EPA or the
Pennsylvania Department of
Environmental Protection, and
made available for inspection.
(2) Waste Holding: The dewatered
filter cake must be stored as
hazardous until the verification
analyses are completed. If the
four-week composite sample does
not exceed any of the delisting
levels set forth in Condition
(3), the filter cake waste
corresponding to this sample may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If the
four-week composite sample
exceeds any of the delisting
levels set forth in Condition
(3), the filter cake waste
generated during the time period
corresponding to the four-week
composite sample must be
retreated until it meets these
levels (analyses must be
repeated) or managed and disposed
of in accordance with Subtitle C
of RCRA. Filter cake which is
generated but for which analyses
are not complete or valid must be
managed and disposed of in
accordance with Subtitle C of
RCRA, until valid analyses
demonstrate that the waste meets
the delisting levels.
(3) Delisting Levels: If the
concentrations in the four-week
composite sample of the filter
cake waste for any of the
hazardous constituents listed
below exceed their respective
maximum allowable concentrations
(mg/l or mg/kg) also listed
below, the four-week batch of
failing filter cake waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
Subtitle C of RCRA. GROWS has the
option of determining whether the
filter cake waste exceeds the
maximum allowable concentrations
for the organic constituents by
either performing the analysis on
a TCLP leachate of the waste or
performing total constituent
analysis on the waste, and then
comparing the results to the
corresponding maximum allowable
concentration level.
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
(A) Inorganics Maximum Allowable
Leachate Conc. (mg/
l)
Constituent:
Arsenic................. 3.00e-01
Barium.................. 2.34e+01
Cadmium................. 1.80e-01
Chromium................ 5.00e+00
Lead.................... 5.00e+00
Mercury................. 7.70e-02
Nickel.................. 9.05e+00
Selenium................ 6.97e-01
Silver.................. 1.23e+00
Cyanide................. 4.33e+00
Cyanide extractions must
be conducted using
distilled water in
place of the leaching
media specified in the
TCLP procedure.
----------------------------------------------------------------------------------------------------------------
(B) Organics Maximum allowable Maximum allowable
leachate conc. (mg/ total conc. (mg/
l) kg)
Constituent:
Acetone................. 2.28e+01 4.56e+02
Acetonitrile............ 3.92e+00 7.84e+01
Acetophenone............ 2.28e+01 4.56e+02
Acrolein................ 1.53e+03 3.06e+04
Acrylonitrile........... 7.80e-03 1.56e-01
Aldrin.................. 5.81e-06 1.16e-04
Aniline................. 7.39e-01 1.48e+01
Anthracene.............. 8.00e+00 1.60e+02
Benz(a)anthracene....... 1.93e-04 3.86e-03
Benzene................. 1.45e-01 2.90e+00
Benzo(a)pyrene.......... 1.18e-05 2.36e-04
Benzo(b)fluoranthene.... 1.07e-04 2.14e-03
Benzo(k)fluoranthene.... 1.49e-03 2.98e-02
Bis(2-chloroethyl)ether. 3.19e-02 6.38e-01
Bis(2- 8.96e-02 1.79e+00
ethylhexyl)phthalate.
Bromodichloromethane.... 6.80e-02 1.36e+00
Bromoform 5.33e-01 1.07e+01
(Tribromomethane).
Butyl-4,6-dinitrophenol, 2.28e-01 4.56e+00
2-sec-(Dinoseb).
Butylbenzylphthalate.... 9.29e+00 1.86e+02
Carbon disulfide........ 2.28e+01 4.56e+02
Carbon tetrachloride.... 4.50e-02 9.00e-01
Chlordane............... 5.11e-04 1.02e-02
Chloro-3-methylphenol 4- 2.97e+02 5.94e+03
Chloroaniline, p-....... 9.14e-01 1.83e+01
Chlorobenzene........... 6.08e+00 1.22e+02
Chlorobenzilate......... 4.85e-02 9.70e-01
Chlorodibromomethane.... 5.02e-02 1.00e+00
Chloroform.............. 7.79e-02 1.56e+00
Chlorophenol, 2-........ 1.14e+00 2.28e+01
Chrysene................ 2.04e-02 4.08e-01
Cresol.................. 1.14e+00 2.28e+01
DDD..................... 5.83e-04 1.17e-02
DDE..................... 1.37e-04 2.74e-03
DDT..................... 2.57e-04 5.14e-03
Dibenz(a,h)anthracene... 5.59e-06 1.12e-04
Dibromo-3-chloropropane, 3.51e-03 7.02e-02
1,2-.
Dichlorobenzene 1,3-.... 9.35e+00 1.87e+02
Dichlorobenzene, 1,2-... 1.25e+01 2.50e+02
Dichlorobenzene, 1,4-... 1.39e-01 2.78e+00
Dichlorobenzidine, 9.36e-03 1.87e-01
3,3[prime]-.
Dichlorodifluoromethane. 4.57e+01 9.14e+02
Dichloroethane, 1,1-.... 1.20e+00 2.40e+01
Dichloroethane, 1,2-.... 2.57e-03 5.14e-02
Dichloroethylene, 1,1-.. 7.02e-03 1.40e-01
Dichloroethylene, trans- 4.57e+00 9.14e+01
1,2-.
Dichlorophenol, 2,4-.... 6.85e-01 1.37e+01
Dichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4-(2,4-D).
Dichloropropane, 1,2-... 1.14e-01 2.28e+00
Dichloropropene, 1,3-... 2.34e-02 4.68e-01
Dieldrin................ 6.23e+01 1.25e+03
Diethyl phthalate....... 2.21e+02 4.42e+03
Dimethoate.............. 6.01e+01 1.20e+03
Dimethyl phthalate...... 1.20e+02 2.40e+03
Dimethylbenz(a)anthracen 1.55e-06 3.10e-05
e, 7,12-.
Dimethylphenol, 2,4-.... 4.57e+00 9.14e+01
Di-n-butyl phthalate.... 5.29e+00 1.06e+02
Dinitrobenzene, 1,3-.... 2.28e-02 4.56e-01
Dinitromethylphenol, 4,6- 2.16e-02 4.32e-01
,2-.
Dinitrophenol, 2,4-..... 4.57e-01 9.14e+00
Dinitrotoluene, 2,6-.... 6.54e-03 1.31e-01
Di-n-octyl phthalate.... 1.12e-02 2.24e-01
Dioxane, 1,4-........... 3.83e-01 7.66e+00
Diphenylamine........... 3.76e+00 7.52e+01
Disulfoton.............. 3.80e+02 7.60e+03
Endosulfan.............. 1.37e+00 2.74e+01
Endrin.................. 2.00e-02 4.00e-01
Ethylbenzene............ 1.66e+01 3.32e+02
Ethylene Dibromide...... 4.13e-03 8.26e-02
Fluoranthene............ 5.16e-01 1.03e+01
Fluorene................ 1.78e+00 3.56e+01
Heptachlor.............. 8.00e-03 1.60e-01
Heptachlor epoxide...... 8.00e-03 1.60e-01
Hexachloro-1,3-butadiene 9.61e-03 1.92e-01
Hexachlorobenzene....... 9.67e-05 1.93e-03
Hexachlorocyclohexane, 4.00e-01 8.00e+00
gamma-(Lindane).
Hexachlorocyclopentadien 1.66e+04 3.32e+05
e.
Hexachloroethane........ 1.76e-01 3.52e+00
Hexachlorophene......... 3.13e-04 6.26e-03
Indeno(1,2,3-cd) pyrene. 6.04e-05 1.21e-03
Isobutyl alcohol........ 6.85e+01 1.37e+03
Isophorone.............. 4.44e+00 8.88e+01
Methacrylonitrile....... 2.28e-02 4.56e-01
Methoxychlor............ 1.00e+01 2.00e+02
Methyl bromide 1.28e+02 2.56e+03
(Bromomethane).
Methyl chloride 1.80e-01 3.60e+00
(Chloromethane).
Methyl ethyl ketone..... 1.37e+02 2.74e+03
Methyl isobutyl ketone.. 1.83e+01 3.66e+02
Methyl methacrylate..... 1.03e+03 2.06e+04
Methyl parathion........ 1.27e+02 2.54e+03
Methylene chloride...... 2.88e-01 5.76e+00
Naphthalene............. 1.50e+00 3.00e+01
Nitrobenzene............ 1.14e-01 2.28e+00
Nitrosodiethylamine..... 2.81e-05 5.62e-04
Nitrosodimethylamine.... 8.26e-05 1.65e-03
Nitrosodi-n-butylamine.. 7.80e-04 1.56e-02
N-Nitrosodi-n- 6.02e-04 1.20e-02
propylamine.
N-Nitrosodiphenylamine.. 8.60e-01 1.72e+01
N-Nitrosopyrrolidine.... 2.01e-03 4.02e-02
Pentachlorobenzene...... 1.15e-02 2.30e-01
Pentachloronitrobenzene 5.00e-03 1.00e-01
(PCNB).
Pentachlorophenol....... 4.10e-03 8.20e-02
Phenanthrene............ 2.09e-01 4.18e+00
Phenol.................. 1.37e+02 2.74e+03
Polychlorinated 3.00e-05 6.00e-04
biphenyls.
Pronamide............... 1.71e+01 3.42e+02
Pyrene.................. 3.96e-01 7.92e+00
Pyridine................ 2.28e-01 4.56e+00
Styrene................. 6.08e+00 1.22e+02
Tetrachlorobenzene, 9.43e-03 1.89e-01
1,2,4,5-.
Tetrachloroethane, 4.39e-01 8.78e+00
1,1,2,2-.
Tetrachloroethylene..... 8.55e-02 1.71e+00
Tetrachlorophenol, 1.81e+00 3.62e+01
2,3,4,6-.
Tetraethyl 3.01e+05 6.02e+06
dithiopyrophosphate
(Sulfotep).
Toluene................. 4.57e+01 9.14e+02
Toxaphene............... 5.00e-01 1.00e+01
Trichlorobenzene, 1,2,4- 7.24e-01 1.45e+01
Trichloroethane, 1,1,1-. 7.60e+00 1.52e+02
Trichloroethane, 1,1,2-. 7.80e-02 1.56e+00
Trichloroethylene....... 3.04e-01 6.08e+00
Trichlorofluoromethane.. 6.85e+01 1.37e+03
Trichlorophenol, 2,4,5-. 9.16e+00 1.83e+02
Trichlorophenol, 2,4,6-. 2.76e-01 5.52e+00
Trichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4,5-(245-T).
Trichlorophenoxypropioni 1.00e+00 2.00e+01
c acid, 2,4,5-(Silvex).
Trichloropropane, 1,2,3- 7.69e-04 1.54e-02
Trinitrobenzene, sym-... 6.49e+00 1.30e+02
Vinyl chloride.......... 2.34e-03 4.68e-02
Xylenes (total)......... 3.20e+02 6.40e+03
Table 1_Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
(4) Changes in Operating
Conditions: If GROWS
significantly changes the
treatment process or the
chemicals used in the treatment
process, GROWS may not manage the
treatment sludge filter cake
generated from the new process
under this exclusion until it has
met the following conditions: (a)
GROWS must demonstrate that the
waste meets the delisting levels
set forth in Paragraph 3; (b) it
must demonstrate that no new
hazardous constituents listed in
Appendix VIII of Part 261 have
been introduced into the
manufacturing or treatment
process: and (c) it must obtain
prior written approval from EPA
and the Pennsylvania Department
of Environmental Protection to
manage the waste under this
exclusion.
(5) Reopener:
(a) If GROWS discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then GROWS
must report any information
relevant to that condition, in
writing, to the Regional
Administrator or his delegate and
to the Pennsylvania Department of
Environmental Protection within
10 days of discovering that
condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate and
the Pennsylvania Department of
Environmental Protection will
determine whether the reported
condition requires further
action. Further action may
include repealing the exclusion,
modifying the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
Goodyear Tire and Randleman, NC.... Dewatered wastewater treatment
Rubber Co. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations.
Gould, Inc....... McConnelsville, Wastewater treatment sludge (EPA
OH. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Hoechst Celanese Bucks, Alabama... Distillation bottoms generated (at
Corporation. a maximum annual rate of 31,500
cubic yards) from the production
of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This
exclusion was published on July
17, 1990. This exclusion does not
include the waste contained in
Hoechst Celanese's on-site
surface impoundment.
Hoechst Celanese Leeds, South Distillation bottoms generated (at
Corporation. Carolina. a maximum annual rate of 38,500
cubic yards) from the production
of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This
exclusion was published on July
17, 1990.
Hanover Wire Hanover, Dewatered filter cake (EPA
Cloth Division. Pennsylvania. Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Holston Army Kingsport, Dewatered wastewater treatment
Ammunition Plant. Tennessee. sludges (EPA Hazardous Waste Nos.
F003, F005, and K044) generated
from the manufacturing and
processing of explosives and
containing spent non-halogenated
solvents after November 14, 1986.
Imperial Clevite. Salem, IN........ Solid resin cakes containing EPA
Hazardous Waste No. F002
generated after August 27, 1985,
from solvent recovery operations.
Indiana Steel Munci, IN........ Dewatered wastewater treatment
& Wire sludges (EPA Hazardous Waste Nos.
Corporation F006 and K062) generated from
(formerly electroplating operations and
General Cable steel finishing operations after
Co.). October 24, 1986. This exclusion
does not apply to sludges in any
on-site impoundments as of this
date.
International Terre Haute, Spent non-halogenated solvents and
Minerals and Indiana. still bottoms (EPA Hazardous
Chemical Waste No. F003) generated from
Corporation. the recovery of n-butyl alchohol
after August 15, 1986.
Kawneer Company, Springdale, Wastewater treatment filter press
Incorporated. Arkansas. sludge (EPA Hazardous Waste No.
F019) generated (at a maximum
annual rate of 26 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on
November 13, 1990.
Kay-Fries, Inc... Stoney Point, NY. Biological aeration lagoon sludge
and filter press sludge generated
after September 21, 1984, which
contain EPA Hazardous Waste Nos.
F003 and F005 as well as that
disposed of in a holding lagoon
as of September 21, 1984.
Keymark Corp..... Fonda, NY........ Wastewater treatment sludge (EPA
Hazardous Waste No. F019)
generated from chemical
conversion coating of aluminum
after November 27, 1985.
Keymark Corp..... Fonda, NY........ Wastewater treatment sludges (EPA
Hazardous Waste No. F019)
generated from the chemical
conversion coating of aluminum
and contained in an on-site
impoundment on August 12, 1987.
This is a one-time exclusion.
Lederle Pearl River, NY.. Spent non-halogenated solvents and
Laboratories. still bottoms (EPA Hazardous
Waste Nos. F003 and F005)
generated from the recovery of
the following solvents: Xylene,
acetone, ethyl acetate, ethyl
ether, methyl isobutyl ketone, n-
butyl alcohol, cyclohexanone,
methanol, toluene, and pyridine
after August 2, 1988. Excusion
applies to primary and secondary
filter press sludges and compost
soils generated from these
sludges.
Lincoln Plating Lincoln, NE...... Wastewater treatment sludges (EPA
Company. Hazardous Waste No. F006)
generated from electroplating
operations after November 17,
1986.
Loxcreen Company, Hayti, MO........ Dewatered wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
MAHLE, Inc....... Morristown, Wastewater treatment sludge filter
Tennessee. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 33 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis sample and
test for the constituents listed
in 40 CFR 261.24 using the method
specified therein. The annual
analytical results (including
quality control information) must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
representatives of EPA or the
State of Tennessee. Failure to
maintain the required records on-
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Marquette Milwaukee, Wastewater treatment sludge (EPA
Electronics Wisconsin. Hazardous Waste No. F006)
Incorporated. generated from electroplating
operations. This exclusion was
published on April 20, 1989.
Martin Marietta Ocala, Florida... Dewatered wastewater treatment
Aerospace. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
January 23, 1987.
Mason Bay St. Louis, Wastewater treatment sludge filter
Chamberlain, Mississippi. cake (EPA Hazardous Waste No.
Incorporated. F019) generated (at a maximum
annual rate of 1,262 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on
October 27, 1989.
Maytag Company... Newton, IA....... Wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations and wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum November 17, 1986.
McDonnell Douglas Tulsa, Oklahoma.. Stabilized wastewater treatment
Corporation. sludges from surface impoundments
previously closed as a landfill
(at a maximum generation of
85,000 cubic yards on a one-time
basis). EPA Hazardous Waste No.
F019, F002, F003, and F005
generated at U.S. Air Force Plant
No. 3, Tulsa, Oklahoma and is
disposed of in Subtitle D
landfills after February 26,
1999.
McDonnell Douglas must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
constituents in Conditions (1)(A)
and (1)(B) in the approximately
5,000 cubic yards of combined
stabilization materials and
excavated sludges from the bottom
portion of the northwest lagoon
of the surface impoundments which
are closed as a landfill must not
exceed the following levels (ppm)
after the stabilization process
is completed in accordance with
Condition (3). Constituents must
be measured in the waste leachate
by the method specified in 40 CFR
261.24. Cyanide extractions must
be conducted using distilled
water in the place of the
leaching media per 40 CFR 261.24.
Constituents in Condition (1)(C)
must be measured as the total
concentrations in the waste(ppm).
(A) Inorganic Constituents
(leachate)
Antimony-0.336; Cadmium-0.280;
Chromium (total)-5.0; Lead-0.84;
Cyanide-11.2;
(B) Organic Constituents
(leachate)
Benzene-0.28; trans-1,2-
Dichloroethene-5.6;
Tetrachloroethylene-0.280;
Trichloroethylene-0.280
(C) Organic Constituents (total
analysis).
Benzene-10.; Ethylbenzene-10.;
Toluene-30.; Xylenes-30.; trans-
1,2-Dichloroethene-30.;
Tetrachloroethylene-6.0;
Trichloroethylene-6.0.
McDonnell Douglas Corporation
shall control volatile emissions
from the stabilization process by
collection of the volatile
chemicals as they are emitted
from the waste but before release
to the ambient air. and the
facility shall use dust control
measures. These two controls must
be adequate to protect human
health and the environment.
The approximately 80,000 cubic
yards of previously stabilized
waste in the upper northwest
lagoon, entire northeast lagoon,
and entire south lagoon of the
surface impoundments which were
closed as a landfill requires no
verification testing.
(2) Waste Holding and Handling:
McDonnell Douglas must store as
hazardous all stabilized waste
from the bottom portion of the
northwest lagoon area of the
closed landfill as generated
until verification testing as
specified in Condition (3), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. If the levels of
constituents measured in the
samples of the stabilized waste
do not exceed the levels set
forth in Condition (1), then the
waste is nonhazardous and may be
managed and disposed of in a
Subtitle D landfill in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels set in
Condition (1), the waste
generated during the time period
corresponding to this sample must
be restabilized until delisting
levels are met or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. McDonnell Douglas
must stabilize the previously
unstabilized waste from the
bottom portion of the northwest
lagoon of the surface impoundment
(which was closed as a landfill)
using fly ash, kiln dust or
similar accepted materials in
batches of 500 cubic yards or
less. McDonnell Douglas must
analyze one composite sample from
each batch of 500 cubic yards or
less. A minimum of four grab
samples must be taken from each
waste pile (or other designated
holding area) of stabilized waste
generated from each batch run.
Each composited batch sample must
be analyzed, prior to disposal of
the waste in the batch
represented by that sample, for
constituents listed in Condition
(1). There are no verification
testing requirements for the
stabilized wastes in the upper
portions of the northwest lagoon,
the entire northeast lagoon, and
the entire south lagoon of the
surface impoundments which were
closed as a landfill.
(4) Changes in Operating
Conditions: If McDonnell Douglas
significantly changes the
stabilization process established
under Condition (3) (e.g., use of
new stabilization agents),
McDonnell Douglas must notify the
Agency in writing. After written
approval by EPA, McDonnell
Douglas may handle the wastes
generated as non-hazardous, if
the wastes meet the delisting
levels set in Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Oklahoma, or both,
and made available for
inspection. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. § 1001
and 42 U.S.C. § 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(a) If McDonnell Douglas
discovers that a condition at the
facility or an assumption related
to the disposal of the excluded
waste that was modeled or
predicted in the petition does
not occur as modeled or
predicted, then McDonnell Douglas
must report any information
relevant to that condition, in
writing, to the Regional
Administrator or his delegate
within 10 days of discovering
that condition.
(b) Upon receiving information
described in paragraph (a) from
any source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(7) Notification Requirements:
McDonnell Douglas must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Merck & Elkton, Virginia. One-time exclusion for fly ash
Company, (EPA Hazardous Waste No. F002)
Incorporated. from the incineration of
wastewater treatment sludge
generated from pharmaceutical
production processes and stored
in an on-site fly ash lagoon.
This exclusion was published on
May 12, 1989.
Metropolitan Cincinnati, OH... Sluiced bottom ash sludge
Sewer District (approximately 25,000 cubic
of Greater yards), contained in the North
Cincinnati. Lagoon, on September 21, 1984,
which contains EPA Hazardous
Wastes Nos. F001, F002, F003,
F004, and F005.
Michelin Tire Sandy Springs, Dewatered wastewater treatment
Corp.. South Carolina. sludge (EPA Hazardous Wastes No.
F006) generated from
electroplating operations after
November 14, 1986.
Monroe Auto Paragould, AR.... Wastewater treatment sludge (EPA
Equipment. Hazardous Waste No. F006)
generated from electroplating
operations after vacuum
filtration after November 27,
1985. This exclusion does not
apply to the sludge contained in
the on-site impoundment.
Nissan North Smyrna, Tennessee Wastewater treatment sludge (EPA
America,Inc. Hazardous Waste No. F019) that
Nissan North America, Inc.
(Nissan) generates by treating
wastewater from the automobile
assembly plant located at 983
Nissan Drive in Smyrna,
Tennessee. This is a conditional
exclusion for up to 2,400 cubic
yards of waste (hereinafter
referred to as ``Nissan Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after June 21, 2002.
Nissan must demonstrate that the
following conditions are met for
the exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals, cyanide, and
organic constituents must not
exceed the following levels
(ppm): Barium_100.0;
Cadmium_0.422; Chromium_5.0;
Cyanide_10.1, Lead_5.0; and
Nickel_79.4; Bis(2-ethylhexyl)
phthalate-0.0787; Di-n-octyl
phthalate-0.0984; and 4-
Methylphenol_10.0. These
concentrations must be measured
in the waste leachate obtained by
the method specified in 40 CFR
261.24, except that for cyanide,
deionized water must be the
leaching medium. The total
concentration of cyanide (total,
not amenable) in the waste, not
the waste leachate, must not
exceed 200 mg/kg. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7. The total
concentrations of metals in the
waste, not the waste leachate,
must not exceed the following
levels (ppm): Barium_20,000;
Cadmium_500; Chromium_1,000;
Lead_2,000; and Nickel_20,000.
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies, where specified by
regulations in 40 CFR parts
260_270. Otherwise, methods must
meet Performance Based
Measurement System Criteria in
which the Data Quality Objectives
are to demonstrate that
representative samples of the
Nissan Sludge meet the delisting
levels in Condition (1).
(A) Initial Verification Testing:
Nissan must collect and analyze a
representative sample from each
of the first eight roll-off boxes
of Nissan sludge generated in its
wastewater treatment system after
June 21, 2002. Nissan must
analyze for the constituents
listed in Condition (1). Nissan
must report analytical test data,
including quality control
information, no later than 60
days after generating the first
Nissan Sludge to be disposed in
accordance with the delisting
Conditions (1) through (7).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(2)(A) is successful, i.e.,
delisting levels of condition (1)
are met for all of the eight roll-
offs described in Condition
(2)(A), Nissan must implement an
annual testing program to
demonstrate that constituent
concentrations measured in the
TCLP extract and total
concentrations measured in the
unextracted waste do not exceed
the delisting levels established
in Condition (1).
(3) Waste Holding and Handling:
Nissan must store as hazardous
all Nissan Sludge generated until
verification testing, as
specified in Condition (2)(A), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. If the levels of
constituents measured in the
composite samples of Nissan
Sludge do not exceed the levels
set forth in Condition (1), then
the Nissan Sludge is non-
hazardous and must be managed in
accordance with all applicable
solid waste regulations. If
constituent levels in a composite
sample exceed any of the
delisting levels set forth in
Condition (1), the batch of
Nissan Sludge generated during
the time period corresponding to
this sample must be managed and
disposed of in accordance with
Subtitle C of RCRA.
(4) Changes in Operating
Conditions: Nissan must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify Nissan in writing
that the Nissan Sludge must be
managed as hazardous waste F019
until Nissan has demonstrated
that the wastes meet the
delisting levels set forth in
Condition (1) and any levels
established by EPA for the
additional constituents of
concern, and Nissan has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Nissan, in writing, that
Nissan must verify that the
Nissan Sludge continues to meet
Condition (1) delisting levels.
(5) Data Submittals: Data obtained
in accordance with Condition
(2)(A) must be submitted to
Jewell Grubbs, Chief, RCRA
Enforcement and Compliance
Branch, Mail Code: 4WD-RCRA, U.S.
EPA, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia
30303. This submission is due no
later than 60 days after
generating the first batch of
Nissan Sludge to be disposed in
accordance with delisting
Conditions (1) through (7).
Records of analytical data from
Condition (2) must be compiled,
summarized, and maintained by
Nissan for a minimum of three
years, and must be furnished upon
request by EPA or the State of
Tennessee, and made available for
inspection. Failure to submit the
required data within the
specified time period or maintain
the required records for the
specified time will be considered
by EPA, at its discretion,
sufficient basis to revoke the
exclusion to the extent directed
by EPA. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, Nissan possesses
or is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, Nissan
must report the data, in writing,
to EPA within 10 days of first
possessing or being made aware of
that data. (B) If the testing of
the waste, as required by
Condition (2)(B), does not meet
the delisting requirements of
Condition (1), Nissan must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing Nissan
with an opportunity to present
information as to why the
proposed action is not necessary.
Nissan shall have 10 days from
the date of EPA's notice to
present such information.
(E) Following the receipt of
information from Nissan, as
described in paragraph (6)(D), or
if no such information is
received within 10 days, EPA will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
(7) Notification Requirements:
Nissan must provide a one-time
written notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
North American Greenville, Wastewater treatment sludges (EPA
Philips Consumer Tennessee. Hazardous Waste No. F006)
Electronics generated from electroplating
Corporation. operations. This exclusion was
published on April 20, 1989.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation 1,114 cubic yards per
calender year) Rockbox Residue,
(at a maximum generation of 1,000
cubic yards per calender year)
generated by Occidental Chemical
using the wastewater treatment
process to treat the Rockbox
Residue and the Limestone Sludge
(EPA Hazardous Waste No. F025,
F001, F003, and F005) generated
at Occidental Chemical.
Occidental Chemical must implement
a testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue and the Limestone
Sludge, must be measured in the
waste leachate by the method
specified in 40 CFR Part 261.24.
(A) Rockbox Residue
(i) Inorganic Constituents: Barium-
100; Chromium-5; Copper-130; Lead-
1.5; Selenium-1; Tin-2100;
Vanadium-30; Zinc-1,000
(ii) Organic Constituents: Acetone-
400; Bromodichloromethane-0.14;
Bromoform-1.0; Chlorodibromethane-
0.1; Chloroform-1.0;
Dichloromethane-1.0; Ethylbenzene-
7,000; 2,3,7,8-TCDD Equivalent-
0.00000006
(B) Limestone Sludge
(i) Inorganic Constituents:
Antimony-0.6; Arsenic-5; Barium-
100; Beryllium-0.4; Chromium-5;
Cobalt-210; Copper-130; Lead-1.5;
Nickel-70; Selenium-5; Silver-5;
Vanadium-30; Zinc-1,000
(ii) Organic Constituents Acetone-
400; Bromoform-1.0;
Chlorodibromomethane-0.1;
Dichloromethane-1.0; Diethyl
phthalate-3,000, Ethylbenzene-
7,000; 1,1,1-Trichloroethane-20;
Toluene-700;
Trichlorofluoromethane-1,000,
Xylene-10,000, 2,3,7,8-TCDD
Equivalent-0.00000006;
(2) Waste Holding and Handling:
Occidental Chemical must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue and the Limestone Sludge
generated until the verification
testing described in Condition
(3)(B), as appropriate, is
completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue
and the Limestone Sludge do not
exceed the levels set forth in
Condition (1), then the waste is
nonhazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing,
Occidental Chemical may replace
the testing required in Condition
(3)(A) with the testing required
in Condition (3)(B). Occidental
Chemical must continue to test as
specified in Condition (3)(A)
until and unless notified by EPA
in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) During the first 40 operating
days of the Incinerator Offgas
Treatment System after the final
exclusion is granted, Occidental
Chemical must collect and analyze
composites of the Limestone
Sludge. Daily composites must be
representative grab samples
collected every 6 hours during
each unit operating cycle. The
two wastes must be analyzed,
prior to disposal, for all of the
constituents listed in Paragraph
1. The waste must also be
analyzed for pH. Occidental
Chemical must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the generation of the
two wastes.
(ii) When the Rockbox unit is
decommissioned for cleanout,
after the final exclusion is
granted, Occidental Chemical must
collect and analyze composites of
the Rockbox Residue. Two
composites must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Paragraph
1. The waste must be analyzed for
pH. No later than 90 days after
the Rockbox is decommissioned for
cleanout the first two times
after this exclusion becomes
final, Occidental Chemical must
report the operational and
analytical test data, including
quality control information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Occidental
Chemical may substitute the
testing conditions in (3)(B) for
(3)(A)(i). Occidental Chemical
must continue to monitor
operating conditions, analyze
samples representative of each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated over one quarter.
(This provision does not apply to
the Rockbox Residue.)
(C)Termination of Organic Testing
for the Limestone Sludge:
Occidental Chemical must continue
testing as required under
Condition (3)(B) for organic
constituents specified under
Condition (3)(B) for organic
constituents specified in
Condition (1)(A)(ii) and
(1)(B)(ii) until the analyses
submitted under Condition (3)(B)
show a minimum of two consecutive
quarterly samples below the
delisting levels in Condition
(1)(A)(ii) and (1)(B)(ii),
Occidental Chemical may then
request that quarterly organic
testing be terminated. After EPA
notifies Occidental Chemical in
writing it may terminate
quarterly organic testing.
Following termination of the
quarterly testing, Occidental
Chemical must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Occidental
Chemical significantly changes
the process which generate(s) the
waste(s) and which may or could
affect the composition or type
waste(s) generated as established
under Condition (1) (by
illustration, but not limitation,
change in equipment or operating
conditions of the treatment
process), Occidental Chemical
must notify the EPA in writing
and may no longer handle the
wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. § 1001
and 42 U.S.C. § 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener: (a) If Occidental
Chemical discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then
Occidental Chemical must report
any information relevant to that
condition, in writing, to the
Director of the Multimedia
Planning and Permitting Division
or his delegate within 10 days of
discovering that condition. (b)
Upon receiving information
described in paragraph (a) from
any source, the Director or his
delegate will determine whether
the reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(7) Notification Requirements:
Occidental Chemical must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
Philway Products, Ashland, Ohio.... Filter press sludge generated (at
Incorporated. a maximum annual rate of 96 cubic
yards) during the treatment of
electroplating wastewaters using
lime (EPA Hazardous Waste No.
F006). This exclusion was
published on October 26, 1990.
Plastene Supply Portageville, Dewatered wastewater treatment
Company. Missouri. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
August 15, 1986.
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1,000 cubic yards) after
September 19, 1994. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
§ 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to § 260.22(i)(12),
maintained on site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Connecticut.
Failure to maintain the required
records on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Reynolds Metals Sheffield, AL.... Dewatered wastewater treatment
Company. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Reynolds Metals Sheffield, AL.... Wastewater treatment filter press
Company. sludge (EPA Hazardous Waste No.
F019) generated (at a maximum
annual rate of 3,840 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on July
17, 1990.
Rhodia........... Houston,Texas.... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. D001-D43, F001-F012,
F019, F024, F025, F032, F034,
F037-F039) generated at Rhodia.
Rhodia must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (mg/l). For the
filter-cake constituents must be
measured in the waste leachate by
the method specified in 40 CFR
261.24.
(A) Filter-cake Sludge
(i) Inorganic Constituents:
Antimony-1.15; Arsenic-1.40;
Barium-21.00; Beryllium-1.22;
Cadmium-0.11; Cobalt-189.00;
Copper-90.00; Chromium-0.60; Lead-
0.75; Mercury-0.025; Nickel-9.00;
Selenium-4.50; Silver-0.14;
Thallium-0.20; Vanadium-1.60;
Zinc-4.30
(ii) Organic Constituents:
Chlorobenzene-Non Detect; Carbon
Tetrachloride-Non Detect; Acetone-
360; Chloroform-0.9
(2) Waste Holding and Handling:
Rhodia must store in accordance
with its RCRA permit, or continue
to dispose of as hazardous waste
all Filter-cake Sludge until the
verification testing described in
Condition (3)(A), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Filter-cake Sludge
do not exceed the levels set
forth in Condition (1), then the
waste is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations.
(3) Verification Testing
Requirements: Rhodia must perform
sample collection and analyses,
including quality control
procedures, according to SW-846
methodologies. If EPA judges the
process to be effective under the
operating conditions used during
the initial verification testing,
Rhodia may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Rhodia must continue to
test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
At quarterly intervals for one
year after the final exclusion is
granted, Rhodia must collect and
analyze composites of the filter-
cake sludge. From Paragraph 1
TCLP must be run on all waste and
any constituents for which total
concentrations have been
identified. Rhodia must conduct a
multiple pH leaching procedure on
samples collected during the
quarterly intervals. Rhodia must
perform the TCLP procedure using
distilled water and three
different pH extraction fluids to
simulate disposal under three
conditions. Simulate an acidic
landfill environment, basic
landfill environment and a
landfill environment similar to
the pH of the waste. Rhodia must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the generation of the
waste.
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Rhodia
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after the final exclusion).
(4) Changes in Operating
Conditions: If Rhodia
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), or its
NPDES permit is changed, revoked
or not reissued, Rhodia must
notify the EPA in writing and may
no longer handle the waste
generated from the new process or
no longer discharge as
nonhazardous until the waste meet
the delisting levels set in
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: Rhodia must
submit the information described
below. If Rhodia fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. Rhodia must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
(i) Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
(ii) As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
(iii) If any of this information
is determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(A) If, anytime after disposal of
the delisted waste, Rhodia
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
Rhodia must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Rhodia fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Rhodia must do following before
transporting the delisted waste:
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Savannah River Aiken, South Vitrified waste (EPA Hazardous
Site (SRS). Carolina. Waste Nos. F006 and F028) that
the United States Department of
Energy Savannah River Operations
Office (DOE-SR) generated by
treating the following waste
streams from the M-Area of the
Savannah River Site (SRS) in
Aiken, South Carolina, as
designated in the SRS Site
Treatment Plan: W-004, Plating
Line Sludge from Supernate
Treatment; W-995, Mark 15 Filter
Cake; W-029, Sludge Treatability
Samples (glass and cementitious);
W-031, Uranium/Chromium Solution;
W-037, High Nickel Plating Line
Sludge; W-038, Plating Line Sump
Material; W-039, Nickel Plating
Line Solution; W-048, Soils from
Spill Remediation and Sampling
Programs; W-054, Uranium/Lead
Solution; W-082, Soils from
Chemicals, Metals, and Pesticides
Pits Excavation; and Dilute
Effluent Treatment Facility
(DETF) Filtercake (no Site
Treatment Plan code). This is a
one-time exclusion for 538 cubic
yards of waste (hereinafter
referred to as ``DOE-SR Vitrified
Waste'') that was generated from
1996 through 1999 and 0.12 cubic
yard of cementitious treatability
samples (hereinafter referred to
as ``CTS'') generated from 1988
through 1991 (EPA Hazardous Waste
No. F006). The one-time exclusion
for these wastes is contingent on
their being disposed in a low-
level radioactive waste landfill,
in accordance with the Atomic
Energy Act, after [insert date of
final rule.] DOE-SR has
demonstrated that concentrations
of toxic constituents in the DOE-
SR Vitrified Waste and CTS do not
exceed the following levels:
(1) TCLP Concentrations: All
leachable concentrations for
these metals did not exceed
the Land Disposal Restrictions
(LDR) Universal Treatment
Standards (UTS): (mg/l TCLP):
Arsenic_5.0; Barium_21;
Beryllium_1.22; Cadmium_0.11;
Chromium_0.60; Lead_0.75;
Nickel_11; and Silver_0.14. In
addition, none of the metals
in the DOE-SR Vitrified Waste
exceeded the allowable
delisting levels of the EPA,
Region 6 Delisting Risk
Assessment Software (DRAS):
(mg/l TCLP): Arsenic_0.0649;
Barium_100.0; Beryllium_0.40;
Cadmium_1.0; Chromium_5.0;
Lead_5.0; Nickel_10.0; and
Silver_5.0. These metal
concentrations were measured
in the waste leachate obtained
by the method specified in 40
CFR 261.24.
Total Concentrations in
Unextracted Waste: The total
concentrations in the DOE-SR
Vitrified Waste, not the waste
leachate, did not exceed the
following levels (mg/kg):
Arsenic_10; Barium_200;
Beryllium_10; Cadmium_10;
Chromium_500; Lead_200;
Nickel_10,000; Silver_20;
Acetonitrile_1.0, which is
below the LDR UTS of 38 mg/kg;
and Fluoride_1.0
(2) Data Records: Records of
analytical data for the
petitioned waste must be
maintained by DOE-SR for a
minimum of three years, and
must be furnished upon request
by EPA or the State of South
Carolina, and made available
for inspection. Failure to
maintain the required records
for the specified time will be
considered by EPA, at its
discretion, sufficient basis
to revoke the exclusion to the
extent directed by EPA. All
data must be maintained with a
signed copy of the
certification statement in 40
CFR 260.22(i)(12).
(3) Reopener Language: (A) If,
at any time after disposal of
the delisted waste, DOE-SR
possesses or is otherwise made
aware of any environmental
data (including but not
limited to leachate data or
groundwater monitoring data)
or any other data relevant to
the delisted waste indicating
that any constituent is
identified at a level higher
than the delisting level
allowed by EPA in granting the
petition, DOE-SR must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware
of that data. (B) Based on the
information described in
paragraph (3)(A) and any other
information received from any
source, EPA will make a
preliminary determination as
to whether the reported
information requires that EPA
take action to protect human
health or the environment.
Further action may include
suspending or revoking the
exclusion, or other
appropriate response necessary
to protect human health and
the environment. (C) If EPA
determines that the reported
information does require
Agency action, EPA will notify
the facility in writing of the
action believed necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a
statement providing DOE-SR
with an opportunity to present
information as to why the
proposed action is not
necessary. DOE-SR shall have
10 days from the date of EPA's
notice to present such
information.(E) Following the
receipt of information from
DOE-SR, as described in
paragraph (3)(D), or if no
such information is received
within 10 days, EPA will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the
environment, given the
information received in
accordance with paragraphs
(3)(A) or (3)(B). Any required
action described in EPA's
determination shall become
effective immediately, unless
EPA provides otherwise.
(4) Notification Requirements:
DOE-SR must provide a one-time
written notification to any
State Regulatory Agency in a
State to which or through
which the delisted waste
described above will be
transported, at least 60 days
prior to the commencement of
such activities. Failure to
provide such a notification
will result in a violation of
the delisting conditions and a
possible revocation of the
decision to delist.
Siegel-Robert, St. Louis, MO.... Wastewater treatment sludge (EPA
Inc.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Square D Company. Oxford, Ohio..... Dewatered filter press sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Syntex Springfield, MO.. Kiln ash, cyclone ash, separator
Agribusiness. sludge, and filtered wastewater
(except spent activiated carbon)
(EPA Hazardous Waste No. F020
generated during the treatment of
wastewater treatment sludge by
the EPA's Mobile Incineration
System at the Denney Farm Site in
McDowell, Missouri after June 2,
1988, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Syntex must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (6), regardless of
whether or not the demonstration
in Condition (7) has been made.
(2) Four grab samples of
wastewater must be composited
from the volume of filtered
wastewater collected after each
eight hour run and, prior to
disposal the composite samples
must be analyzed for the EP toxic
metals, nickel, and cyanide. If
arsenic, chromium, lead, and
silver EP leachate test results
exceed 0.61 ppm; barium levels
exceed 12 ppm; cadmium and
selenium levels exceed 0.12 ppm;
mercury levels exceed 0.02 ppm;
nickel levels exceed 6.1 ppm; or
cyanide levels exceed 2.4 ppm,
the wastewater must be retreated
to achieve these levels or must
be disposed in accordance with
all applicable hazardous waste
regulations. Analyses must be
performed according to SW-846
methodologies.
(3) One grab sample must be taken
from each drum of kiln and
cyclone ash generated during each
eight hour run; all grabs
collected during a given eight
hour run must then be composited
to form one composite sample. A
composite sample of four grab
samples of the separator sludge
must be collected at the end of
each eight hour run. Prior to the
disposal of the residues from
each eight hour run, an EP
leachate test must be performed
on these composite samples and
the leachate analyzed for the EP
toxic metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
extraction) to demonstrate that
the following maximum allowable
treatment residue concentrations
listed below are not exceeded.
Analyses must be performed
according to SW-846
methodologies. Any residues which
exceed any of the levels listed
below must be retreated to
achieve these levels or must be
disposed in accordance with all
applicable hazardous waste
regulations.
Maximum Allowable Solids Treatment
Residue EP Leachate
Concentrations (mg/L)
Arsenic_1.6
Barium_32
Cadmium_0.32
Chromium_1.6
Lead_1.6
Mercury_0.065
Nickel_16
Selenium_0.32
Silver_1.6
Cyanide_6.5
(4)_If Syntex stabilizes any of
the kiln and cyclone ash or
separator sludge, a Portland
cement-type stabilization process
must be used and Syntex must
collect a composite sample of
four grab samples from each batch
of stabilized waste. An MEP
leachate test must be performed
on these composite samples and
the leachate analyzed for the EP
toxic metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
leachate analysis) to demonstrate
that the maximum allowable
treatment residue concentrations
listed in Condition (3) are not
exceeded during any run of the
MEP extraction. Analyses must be
performed according to SW-846
methodologies. Any residues which
exceed any of the levels listed
in Condition (3) must be
retreated to achieve these levels
or must be disposed in accordance
with all applicable hazardous
waste regulations. (If the
residues are stabilized, the
analyses required in this
condition supercede the analyses
required in Condition (3).)
(5) Syntex must generate, prior to
disposal of residues,
verification data from each eight
hour run from each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Conditions (2) and (3). Analyses
must be performed according to SW-
846 methodologies. Any solid or
liquid residues which exceed any
of the levels listed below must
be retreated to achieve these
levels or must be disposed in
accordance with Subtitle C of
RCRA.
Maximum Allowable Wastewater
Concentrations (ppm):
Benz(a)anthracene_1x10[SU]-[/SU]4
Benzo(a)pyrene_4x10[SU]-[/SU]5
Benzo(b)fluoranthene_2x10[SU]-[/
SU]4
Chloroform_0.07
Chrysene_0.002
Dibenz(a,h)anthracene_9x10[SU]-[/
SU]6
1,2-Dichloroethane_0.06
Dichloromethane_0.06
Indeno(1,2,3-cd)pyrene_0.002
Polychlorinated
biphenyls_1x10[SU]-[/SU]4
1,2,4,5-Tetrachlorobenzene_0.13
2,3,4,6-Tetrachlorophenol_12
Toluene_120
Trichloroethylene_0.04
2,4,5-Trichlorophenol_49
2,4,6-Trichlorophenol_0.02
Maximum Allowable Solid Treatment
Residue Concentrations (ppm):
Benz(a)anthracene_1.1
Benzo(a)pyrene_0.43
Benzo(b)fluoranthene_1.8
Chloroform_5.4
Chrysene_170
Dibenz(a,h)anthracene_0.083
Dichloromethane_2.4
1,2-Dichloroethane_4.1
Indeno(1,2,3-cd)pyrene_330
Polychlorinated biphenyls_0.31
1,2,4,5-Tetrachlorobenzene_720
Trichloroethylene_6.6
2,4,6-Trichlorophenol_3.9
(6) Syntex must generate, prior to
disposal of residues,
verification data from each eight
hour run for each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Conditions (2) and (3). The TCDD
equivalent levels for wastewaters
must be less than 2 ppq and less
than 5 ppt for the solid
treatment residues. Any residues
with detected dioxins or furans
in excess of these levels must be
retreated or must be disposed as
acutely hazardous. Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method,
must be used. For tetra- and
pentachloronated dioxin and furan
homologs, the maximum practical
quantitation limit must not
exceed 15 ppt for solids and 120
ppq for wastewaters. For
hexachlorinated homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
solids and 300 ppq for
wastewaters.
(7)(A) The test data from
Conditions (1), (2), (3), (4),
(5) and (6) must be kept on file
by Syntex for inspection purposes
and must be compiled, summarized,
and submitted to the Section
Chief, Variances Section, PSPD/
OSW (WH-563), US EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 by certified
mail on a monthly basis and when
the treatment of the lagoon
sludge is concluded. All data
submitted will be placed in the
RCRA docket.
(B) The testing requirements for
Conditions (2), (3), (4), (5),
and (6) will continue until
Syntex provides the Section
Chief, Variances Section, with
the results of four consecutive
batch analyses for the petitioned
wastes, none of which exceed the
maximum allowable treatment
residue concentrations listed in
these conditions and the Section
Chief, Variances Section,
notifies Syntex that the
conditions have been lifted.
(8) Syntex must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, I
certify that the information
contained in or accompanying this
document is true, accurate, and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete.''
SR of Tennessee.. Ripley, TN....... Dewatered wastewater treatment
sludges (EPA Hazardous Waste No.
F006) generated from the copper,
nickel, and chromium
electroplating of plastic parts
after November 17, 1986.
Tenneco Paragould, AR.... Stabilized sludge from
Automotive. electroplating operations,
excavated from the Finch Road
Landfill and currently stored in
containment cells by Tenneco (EPA
Hazardous Waste Nos. F006). This
is a one-time exclusion for 1,800
cubic yards of stabilized sludge
when it is disposed of in a
Subtitle D landfill. This
exclusion was published on August
9, 2001.
(1) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Tenneco
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If Tenneco fails to submit the
information described in (2)(A)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
or his delegate determines the
reported information does require
Agency action, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(D) Following the receipt of
information from the facility
described in (1)(C) or (if no
information is presented under
(1)(C)) the initial receipt of
information described in (1)(A),
the Regional Administrator or his
delegate will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(2) Notification Requirements:
Tenneco must do following before
transporting the delisted waste
off-site: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the exclusion.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if Tenneco ships the
delisted waste to a different
disposal facility.
Tennessee Ripley, Tennessee Dewatered wastewater treatment
Electroplating. sludges (EPA Hazardous Waste Nos.
F006) generated from
electroplating operations after
November 17, 1986. To ensure
chromium levels do not exceed the
regulatory standards there must
be continuous batch testing of
the filter press sludge for
chromium for 45 days after the
exclusion is granted. Each batch
of treatment residue must be
representatively sampled and
tested using the EP toxicity test
for chromium. This data must be
kept on file at the facility for
inspection purposes. If the
extract levels exceed 0.922 ppm
of chromium the waste must be
managed and disposed of as
hazardous. If these conditions
are not met, the exclusion does
not apply. This exclusion does
not apply to sludges in any on-
site impoundments as of this
date.
Tennessee Ripley, TN....... Wastewater treatment sludge (EPA
Electroplating. Hazardous Waste No. F006)
generated from electroplating
operations and contained in an on-
site surface impoundment (maximum
volume of 6,300 cubic yards).
This is a one-time exclusion.
This exclusion was published on
April 8, 1991.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. D001,
D003, D018, D019, D021, D022,
D027, D028, D029, D030, D032,
D033, D034, D035, D036, D038,
D039, D040, F001, F002, F003,
F005, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets the following
conditions for the petition to be
valid:
1. Delisting Levels: All leachable
concentrations for those metals
must not exceed the following
levels (mg/l). Metal
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR §
261.24.
(A) Inorganic Constituents
Antimony_0.27; Arsenic_2.25;
Barium_90.0; Beryllium_0.0009;
Cadmium_0.225; Chromium_4.5;
Cobalt_94.5; Copper_58.5;
Lead_0.675; Mercury_0.045;
Nickel_4.5; Selenium_1.0;
Silver_5.0; Thallium_0.135;
Tin_945.0; Vanadium_13.5;
Zinc_450.0
(B) Organic Constituents
Acenaphthene_90.0; Acetone_180.0;
Benzene_0.135;
Benzo(a)anthracene_0.00347;
Benzo(a)pyrene_0.00045; Benzo(b)
fluoranthene_0.00320; Bis(2
ethylhexyl) phthalate_0.27;
Butylbenzyl phthalate_315.0;
Chloroform_0.45;
Chlorobenzene_31.5; Carbon
Disulfide_180.0; Chrysene_0.1215;
1,2-Dichlorobenzene_135.0; 1,4-
Dichlorobenzene_0.18; Di-n-butyl
phthalate_180.0; Di-n-octyl
phthalate_35.0; 1,4 Dioxane_0.36;
Ethyl Acetate_1350.0; Ethyl
Ether_315.0; Ethylbenzene_180.0;
Flouranthene_45.0; Fluorene_45.0;
1-Butanol_180.0; Methyl Ethyl
Ketone_200.0; Methylene
Chloride_0.45; Methyl Isobutyl
Ketone_90.0; Naphthalene_45.0;
Pyrene_45.0; Toluene_315.0;
Xylenes_3150.0
2. Waste Holding and Handling:
Texas Eastman must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous all FBI ash generated
until the Initial and Subsequent
Verification Testing described in
Paragraph 4 and 5 below is
completed and valid analyses
demonstrate that all Verification
Testing Conditions are satisfied.
After completion of Initial and
Subsequent Verification Testing,
if the levels of constituents
measured in the samples of the
FBI ash do not exceed the levels
set forth in Paragraph 1 above,
and written notification is given
by EPA, then the waste is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations.
3. Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing
described in Paragraph 4 below,
Texas Eastman may replace the
testing required in Paragraph 4
with the testing required in
Paragraph 5 below. Texas Eastman
must, however, continue to test
as specified in Paragraph 4 until
notified by EPA in writing that
testing in Paragraph 4 may be
replaced by the testing described
in Paragraph 5.
4. Initial Verification Testing:
During the first 40 operating
days of the FBI incinerator after
the final exclusion is granted,
Texas Eastman must collect and
analyze daily composites of the
FBI ash. Daily composites must be
composed of representative grab
samples collected every 6 hours
during each 24-hour FBI operating
cycle. The FBI ash must be
analyzed, prior to disposal of
the ash, for all constituents
listed in Paragraph 1. Texas
Eastman must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after receipt of the
validated analytical results.
5. Subsequent Verification
Testing: Following the completion
of the Initial Verification
Testing, Texas Eastman may
request to monitor operating
conditions and analyze samples
representative of each quarter of
operation during the first year
of ash generation. The samples
must represent the untreated ash
generated over one quarter.
Following written notification
from EPA, Texas Eastman may begin
the quarterly testing described
in this Paragraph.
6. Termination of Organic Testing:
Texas Eastman must continue
testing as required under
Paragraph 5 for organic
constituents specified in
Paragraph 1 until the analyses
submitted under Paragraph 5 show
a minimum of two consecutive
quarterly samples below the
delisting levels in Paragraph 1.
Texas Eastman may then request
that quarterly organic testing be
terminated. After EPA notifies
Texas Eastman in writing it may
terminate quarterly organic
testing.
7. Annual Testing: Following
termination of quarterly testing
under either Paragraphs 5 or 6,
Texas Eastman must continue to
test a representative composite
sample for all constituents
listed in Paragraph 1 (including
organics) on an annual basis (no
later than twelve months after
the date that the final exclusion
is effective).
8. Changes in Operating
Conditions: If Texas Eastman
significantly changes the
incineration process described in
its petition or implements any
new manufacturing or production
process(es) which generate(s) the
ash and which may or could affect
the composition or type of waste
generated established under
Paragraph 3 (by illustration
{but not limitation},
use of stabilization reagents or
operating conditions of the
fluidized bed incinerator), Texas
Eastman must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process as non-hazardous until
the wastes meet the delisting
levels set in Paragraph 1 and it
has received written approval to
do so from EPA.
9. Data Submittals: The data
obtained through Paragraph 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Paragraph 3 must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 USC 1001 and 42
USC 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
10. Notification Requirements:
Texas Eastman must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Tokusen USA, Conway, AR....... Dewatered wastewater treatment
Inc.,. plant (WWTP) sludge (EPA
Hazardous Waste Nos. F006)
generated at a maximum annual
rate of 670 cubic yards per
calendar year after December 31,
2002 and disposed of in a
Subtitle D landfill.
For the exclusion to be valid,
Tokusen must implement a testing
program that meets the following
Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents listed below
in (i) and (ii) must not exceed
the following levels (mg/l). The
petitioner must use an acceptable
leaching method, for example SW-
846, Method 1311 to measure
constituents in the waste
leachate.
Dewatered WWTP sludge (i)
Inorganic Constituents Antimony-
0.360; Arsenic-0.0654; Barium-
51.1; Chromium-5.0; Cobalt-15.7;
Copper-7,350; Lead-5.0; Nickel-
19.7; Selenium-1.0; Silver-2.68;
Vanadium-14.8; Zinc-196.
(ii) Organic Constituents 1,4
Dichlorobenzene-3.03;
hexachlorobutadiene-0.21.
(2) Waste Holding and Handling:
Tokusen must store the dewatered
WWTP sludge as described in its
RCRA permit, or continue to
dispose of as hazardous all
dewatered WWTP sludge generated,
until they have completed
verification testing described in
Paragraph (3)(A) and (B), as
appropriate, and valid analyses
show that paragraph (1) is
satisfied.
(B) Levels of constituents
measured in the samples of the
dewatered WWTP sludge that do not
exceed the levels set forth in
Paragraph (1) are non-hazardous.
Tokusen can manage and dispose
the non-hazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), Tokusen must retreat the
batches of waste used to generate
the representative sample
(according to SW-846
methodologies) until it meets the
levels. Tokusen must repeat the
analyses of the treated waste.
(D) If the facility has not
treated the waste, Tokusen must
manage and dispose the waste
generated under Subtitle C of
RCRA.
(3) Verification Testing
Requirements: Tokusen must
perform sample collection and
analyses, including quality
control procedures, according to
SW-846 methodologies. If EPA
judges the process to be
effective under the operating
conditions used during the
initial verification testing,
Tokusen may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). Tokusen must continue to
test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, Tokusen must do the
following:
(i) Collect and analyze composites
of the dewatered WWTP sludge.
(ii) Make two composites of
representative grab samples
(according to SW-846
methodologies) collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
(iv) Sixty (60) days after this
exclusion becomes final, report
to EPA the operational and
analytical test data, including
quality control information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Tokusen may
substitute the testing conditions
in (3)(B) for (3)(A). Tokusen
must continue to monitor
operating conditions, and analyze
representative samples (according
to SW-846 methodologies) each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated during the
quarter.
(C) Termination of Organic
Testing:
(i) Tokusen must continue testing
as required under Paragraph
(3)(B) for organic constituents
in Paragraph (1)(A)(ii), until
the analytical results submitted
under Paragraph (3)(B) show a
minimum of two consecutive
samples below the delisting
levels in Paragraph (1)(A)(i),
Tokusen may then request that EPA
stop quarterly organic testing.
After EPA notifies Tokusen in
writing, the company may end
quarterly organic testing.
(ii) Following cancellation of the
quarterly testing, Tokusen must
continue to test a representative
composite sample (according to SW-
846 methodologies) for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion).
(4) Changes in Operating
Conditions: If Tokusen
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under Paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), they must
notify EPA in writing; they may
no longer handle the waste
generated from the new process as
nonhazardous until the waste
meets the delisting levels set in
Paragraph (1) and they have
received written approval to do
so from EPA.
(5) Data Submittals: Tokusen must
submit the information described
below. If Tokusen fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. Tokusen must:
(A) Submit the data obtained
through Paragraph 3 to the Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Arkansas
request them for inspection.
(D) A company official having
supervisory responsibility should
send along with all data a signed
copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener
(A) If, anytime after disposal of
the delisted waste, Tokusen
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
Tokusen must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Tokusen fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Tokusen must do following before
transporting the delisted waste.
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision:
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Tyco Printed Melbourne, Wastewater treatment sludge (EPA
Circuit Group, Florida. Hazardous Waste No. F006) that
Melbourne Tyco Printed Circuit Group,
Division. Melbourne Division (Tyco)
generates by treating wastewater
from its circuit board
manufacturing plant located on
John Rodes Blvd. in Melbourne,
Florida. This is a conditional
exclusion for up to 590 cubic
yards of waste (hereinafter
referred to as ``Tyco Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill or shipped to a smelter
for metal recovery after May 14,
2001. Tyco must demonstrate that
the following conditions are met
for the exclusion to be valid.
(Please see Condition (8) for
certification and recordkeeping
requirements that must be met in
order for the exclusion to be
valid for waste that is sent to a
smelter for metal recovery.)
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures must be
performed according to SW-846
methodologies, where specified by
regulations in 40 CFR Parts 260-
270. Otherwise, methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Tyco Sludge meet
the delisting levels in Condition
(3).
(A) Initial Verification Testing:
Tyco must collect and analyze a
representative sample of every
batch, for eight sequential
batches of Tyco sludge generated
in its wastewater treatment
system after May 14, 2001. A
batch is the Tyco Sludge
generated during one day of
wastewater treatment. Tyco must
analyze for the constituents
listed in Condition (3). A
minimum of four composite samples
must be collected as
representative of each batch.
Tyco must report analytical test
data, including quality control
information, no later than 60
days after generating the first
batch of Tyco Sludge to be
disposed in accordance with the
delisting Conditions (1) through
(7).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(1)(A) is successful, i.e.,
delisting levels of condition (3)
are met for all of the eight
initial batches, Tyco must test a
minimum of 5% of the Tyco Sludge
generated each year. Tyco must
collect and analyze at least one
composite sample representative
of that 5%. The composite must be
made up of representative samples
collected from each batch
included in the 5%. Tyco may, at
its discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(2) Waste Holding and Handling:
Tyco must store as hazardous all
Tyco Sludge generated until
verification testing as specified
in Condition (1)(A) or (1)(B), as
appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of Tyco
Sludge do not exceed the levels
set forth in Condition (3), then
the Tyco Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels set forth in
Condition (3), the batch of Tyco
Sludge generated during the time
period corresponding to this
sample must be retreated until it
meets the delisting levels set
forth in Condition (3), or
managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium_100; Cadmium_0.5;
Chromium_5.0; Cyanide_20,
Lead_1.5; and Nickel_73. These
metal and cyanide concentrations
must be measured in the waste
leachate obtained by the method
specified in 40 CFR 261.24,
except that for cyanide,
deionized water must be the
leaching medium. The total
concentration of cyanide (total,
not amenable) in the waste, not
the waste leachate, must not
exceed 200 mg/kg. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7. The total
concentrations of metals in the
waste, not the waste leachate,
must not exceed the following
levels (ppm): Barium_2,000;
Cadmium_500; Chromium_1,000;
Lead_2,000; and Nickel_20,000.
(4) Changes in Operating
Conditions: Tyco must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are necessary (e.g., use of new
chemicals not specified in the
petition). EPA will determine
whether these changes will result
in additional constituents of
concern. If so, EPA will notify
Tyco in writing that the Tyco
sludge must be managed as
hazardous waste F006, pending
receipt and evaluation of a new
delisting petition. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Tyco, in writing, that
Tyco must repeat Condition (1)(A)
to verify that the Tyco Sludge
continues to meet Condition (3)
delisting levels.
(5) Data Submittals: Data obtained
in accordance with Condition
(1)(A) must be submitted to
Jewell Grubbs, Chief, RCRA
Enforcement and Compliance
Branch, Mail Code: 4WD-RCRA, U.S.
EPA, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth
Street, Atlanta, Georgia 30303.
This notification is due no later
than 60 days after generating the
first batch of Tyco Sludge to be
disposed in accordance with
delisting Conditions (1) through
(7). Records of analytical data
from Condition (1) must be
compiled, summarized, and
maintained by Tyco for a minimum
of three years, and must be
furnished upon request by EPA or
the State of Florida, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
for the specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's void exclusion.
(6) Reopener Language: (A) If,
anytime after disposal or
shipment to a smelter of the
delisted waste, Tyco possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, Tyco must
report the data, in writing, to
EPA within 10 days of first
possessing or being made aware of
that data. (B) If the testing of
the waste, as required by
Condition (1)(B), does not meet
the delisting requirements of
Condition (3), Tyco must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing Tyco
with an opportunity to present
information as to why the
proposed action is not necessary.
Tyco shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
Tyco, as described in paragraph
(6)(D) or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately.
(7) Notification Requirements:
Tyco must provide a one-time
written notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
(8) Recordkeeping and
Certification Requirements for
Waste to be Smelted for Metal
Recovery: Tyco must maintain in
its facility files, and make
available for inspection by EPA
and the Florida Department of
Environmental Protection (FDEP),
records that include the name,
address, telephone number, and
contact person of each smelting
facility used by Tyco for its
delisted waste, quantities of
waste shipped, analytical data
for demonstrating that the
delisting levels of Condition (3)
are met, and a certification that
the smelter(s) is(are) subject to
regulatory controls on discharges
to air, water, and land. The
certification statement must be
signed by a responsible official
and contain the following
language: Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the smelter(s) used
for Tyco's delisted waste is(are)
subject to regulatory controls on
discharges to air, water, and
land. As the company official
having supervisory responsibility
for plant operations, I certify
that to the best of my knowledge
this information is true,
accurate and complete. In the
event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's void exclusion.
Universal Oil Decatur, Alabama. Wastewater treatment sludges (EPA
Products. Hazardous Waste No. F006)
generated from electroplating
operations and contained in two
on-site lagoons on August 15,
1986. This is a one-time
exclusion.
U.S. EPA Jefferson, One-time exclusion for scrubber
Combustion Arkansas. water (EPA Hazardous Waste No.
Research F020) generated in 1985 from the
Facility. incineration of Vertac still
bottoms. This exclusion was
published on June 28, 1989.
U.S. Nameplate Mount Vernon, Retreated wastewater treatment
Company, Inc.. Iowa. sludges (EPA Hazardous Waste No.
F006) previously generated from
electroplating operations and
currently contained in an on-site
surface impoundment after
September 28, 1988. This is a one-
time exclusion for the reteated
wastes only. This exclution does
not relieve the waste unit from
regulatory compliance under
Subtitle C.
VAW of America St. Augustine, Wastewater treatment sludge filter
Incorporated. Florida. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum.
This exclusion was published on
February 1, 1989.
Vermont American, Newark, OH....... Wastewater treatment sludge (EPA
Corp.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Waterloo Pocahontas, AR... Wastewater treatment sludges (EPA
Industries. Hazardous Waste No. F006)
generated from electroplating
operations after dewatering and
held on-site on July 17, 1986 and
any such sludge generated (after
dewatering) after July 17, 1986.
Watervliet Watervliet, NY... Wastewater treatment sludges (EPA
Arsenal. Hazardous Waste No. F006)
generated from electroplating
operations after January 10,
1986.
Weirton Steel Weirton, West Wastewater treatment sludge (known
Corporation. Virginia. as C&E sludge) containing EPA
Hazardous Waste Numbers F007 and
F008, subsequent to its
excavation from the East Lagoon
and the Figure 8 tanks for the
purpose of transportation and
disposal in a Subtitle D landfill
after May 23, 2002. This is a one-
time exclusion for a maximum
volume of 18,000 cubic yards of
C&E sludge.
(1) Reopener language.
(a) If Weirton discovers that any
condition or assumption related
to the characterization of the
excluded waste which was used in
the evaluation of the petition or
that was predicted through
modeling is not as reported in
the petition, then Weirton must
report any information relevant
to that condition or assumption,
in writing, to the Regional
Administrator and the West
Virginia Department of
Environmental Protection within
10 calendar days of discovering
that information.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator and the West
Virginia Department of
Environmental Protection will
determine whether the reported
condition requires further
action. Further action may
include repealing the exclusion,
modifying the exclusion, or other
appropriate response necessary to
protect human health or the
environment.
(2) Notification Requirements.
Weirton must provide a one-time
written notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 calendar days prior to the
commencement of such activities.
Failure to provide such
notification will be deemed to be
a violation of this exclusion and
may result in revocation of the
decision and other enforcement
action.
William L. Newnan, Georgia.. Dewatered wastewater treatment
Bonnell Co.. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 14, 1986. This
exclusion does not include
sludges contained in Bonnell's on-
site surface impoundments.
Windsor Plastics, Evansville, IN... Spent non-halogenated solvents and
Inc. still bottoms (EPA Hazardous
Waste No. F003) generated from
the recovery of acetone after
November 17, 1986.
------------------------------------------------------------------------
Table 2_Wastes Excluded From Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
American Cyanamid Hannibal, Wastewater and sludge (EPA
Missouri. Hazardous Waste No. K038)
generated from the washing and
stripping of phorate production
and contained in on-site lagoons
on May 8, 1987, and such
wastewater and sludge generated
after May 8, 1987.
Amoco Oil Co..... Wood River, IL... 150 million gallons of DAF from
petroleum refining contained in
in four surge ponds after
treatment with the
Chemifix[SU][sscopy][/SU]
stabilization process. This waste
contains EPA Hazardous Waste No.
K048. This exclusion applies to
the 150 million gallons of waste
after chemical stabilization as
long as the mixing ratios of the
reagent with the waste are
monitored continuously and do not
vary outside of the limits
presented in the demonstration
samples; one grab sample is taken
each hour from each treatment
unit, composited, and EP toxicity
tests performed on each sample.
If the levels of lead or total
chromium exceed 0.5 ppm in the EP
extract, then the waste that was
processed during the compositing
period is considered hazardous;
the treatment residue shall be
pumped into bermed cells to
ensure that the waste is
identifiable in the event that
removal is necessary.
Akzo Chemicals, Axis, AL......... Brine purification muds generated
Inc. (formerly from their chlor-alkali
Stauffer manufacturing operations (EPA
Chemical Hazardous Waste No. K071) and
Company). disposed of in brine mud pond
HWTF: 5 EP-201.
Bekaert Steel Rogers, Arkansas. Wastewater treatment sludge (EPA
Corporation. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1250 cubic yards to be
measured on a calendar year
basis) after [insert publication
date of the final rule]. In order
to confirm that the
characteristics of the waste do
not change significantly, the
facility must, on an annual
basis, before July 1 of each
year, analyze a representative
composite sample for the
constituents listed in §
261.24 as well as antimony,
copper, nickel, and zinc using
the method specified therein. The
annual analytical results,
including quality control
information, must be compiled,
certified according to §
260.22(i)(12) of this chapter,
maintained on site for a minimum
of five years, and made available
for inspection upon request of
any employee or representative of
EPA or the State of Arkansas.
Failure to maintain the required
documents on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Notification Requirements:
Bekaert Steel Corporation must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Bethlehem Steel Lackawanna, New Ammonia still lime sludge (EPA
Corporation. York. Hazardous Waste No. K060) and
other solid waste generated from
primary metal-making and coking
operations. This is a one-time
exclusion for 118,000 cubic yards
of waste contained in the on-site
landfill referred to as HWM-2.
This exclusion was published on
April 24, 1996.
Bethlehem Steel Steelton, PA..... Uncured and cured chemically
Corp.. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. Bethlehem must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed according to SW-
846 methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceed
0.315 mg/L, for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/L, or total
reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to PSPD/
OSW (5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). At the Section
Chief's request, Bethlehem must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Bethlehem Steel Johnstown, PA.... Uncured and cured chemically
Corp.. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a labortory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. Bethlehem must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed according to SW-
846 methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceed
0.315 mg/L, for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/L, or total
reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to the
Section Chief, Variances Section,
PSPD/OSW, (OS-343), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20406 within the
time period specified in
condition (1)(A). At the Section
Chief's request, Bethlehem must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BF Goodrich Calvert City, Brine purification muds and
Intermediates Kentucky. saturator insolubles (EPA
Company, Inc. Hazardous Waste No. K071) after
August 18, 1989. This exclusion
is conditional upon the
collection and submission of data
obtained from BFG's full-scale
treatment system because BFG's
original data was based on data
presented by another petitioner
using an identical treatment
process. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, BFG must implement a
testing program. All sampling and
analyses (including quality
control procedures) must be
performed according to SW-846
procedures. This testing program
must meet the following
conditions for the exclusion to
be valid:
(1) Initial Testing: During the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Collect representative grab
samples from every batch of the
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
daily composite samples (one of
the treated mercury brine
purification muds and one of the
treated saturator insolubles).
Prior to disposal of the treated
batches, two daily composite
samples must be analyzed for EP
leachate concentration of
mercury. BFG must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(B) Collect representative grab
samples from every batch of the
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
weekly composite samples (one of
the treated mercury brine muds
and one of the treated saturator
insolubles). Prior to disposal of
the treated batches, two weekly
composite samples must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions), and the total
constituent concentrations of
reactive sulfide and reactive
cyanide. BFG must report the
analytical test data, including
all quality control data,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Continue to sample and test as
described in condition (1)(A).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky.
(B) Continue to sample and test as
described in condition (1)(B).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of both
the treated mercury brine muds
and treated saturator insolubles,
obtained from either the initial
testing or subsequent testing,
show the maximum allowable levels
in condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies BFG that the
requirements of this condition
have been lifted.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
0.316 mg/l; for barium exceeds
6.31 mg/l; for cadmium or
selenium exceed 0.063 mg/l; for
mercury exceeds 0.0126 mg/l, for
nickel exceeds 3.16 mg/l; for
cyanide exceeds 4.42 mg/l; or for
total reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, the waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
subtitle C of RCRA.
(4) Within one week of system
start-up, BFG must notify the
Section Chief, Variances Section
(see address below) when the full-
scale system is on-line and waste
treatment has begun. All data
obtained through condition (1)
must be submitted to PSPD/OSW
(5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, BFG must submit
any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke BFG's
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. §
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
CF&I Steel Pueblo, Colorado. Fully-cured chemically stabilized
Corporation. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after May 9,
1989. This exclusion is
conditioned upon the data
obtained from CF&I's full-
scale CSEAFD treatment facility
because CF&I's original data
was obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, CF&I must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be vaild:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
CF&I must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel, and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. CF&I must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Testing: CF&I
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. CF&I then must
analyze each weekly composite
sample for the EP leachate
concentrations of all of the EP
toxic metals and nickel. Analyses
must be performed according to SW-
846 methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Colorado.
(2) Delisting levels: If the EP
extract concentrations determined
in conditions (1)(A) or (1)(B)
for chromium, lead, arsenic, or
silver exceed 0.315 mg/1; for
barium exceeds 6.3 mg/1; for
cadmium or selenium exceed 0.063
mg/1; for mercury exceeds 0.0126
mg/1; for nickel exceeds 3.15 mg/
1; or for cyanide exceeds 4.42 mg/
1, or total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
Subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up, CF&I
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). At the Section
Chief's request, CF&I must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
CF&I's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making of submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Chaparral Steel Midlothian, Texas Leachate from Landfill No. 3,
Midlothian, L.P. storm water from the baghouse
area, and other K061 wastewaters
which have been pumped to tank
storage (at a maximum generation
of 2500 cubic yards or 500,000
gallons per calender year) (EPA
Hazardous Waste No. K061)
generated at Chaparral Steel
Midlothian, L.P., Midlothian,
Texas, and is managed as
nonhazardous solid waste after
February 23, 2000.
Chaparral Steel must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the
constituent total lead in the
approximately 2,500 cubic yards
(500,000 gallons) per calender
year of raw leachate from
Landfill No. 3, storm water from
the baghouse area, and other K061
wastewaters that is transferred
from the storage tank to
nonhazardous management must not
exceed 0.69 mg/l (ppm).
Constituents must be measured in
the waste by the method specified
in SW-846.
(2) Waste Holding and Handling:
Chaparral Steel must store as
hazardous all leachate waste from
Landfill No. 3, storm water from
the bag house area, and other
K061 wastewaters until
verification testing as specified
in Condition (3), is completed
and valid analyses demonstrate
that condition (1) is satisfied.
If the levels of constituents
measured in the samples of the
waste do not exceed the levels
set forth in Condition (1), then
the waste is nonhazardous and may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed the delisting levels set
in Condition (1), the waste
volume corresponding to this
sample must be treated until
delisting levels are met or
returned to the original storage
tank. Treatment is designated as
precipitation, flocculation, and
filtering in a wastewater
treatment system to remove metals
from the wastewater. Treatment
residuals precipitated will be
designated as a hazardous waste.
If the delisting level cannot be
met, then the waste must be
managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. Chaparral Steel
must analyze one composite sample
from each batch of untreated
wastewater transferred from the
hazardous waste storage tank to
non-hazardous waste management.
Each composited batch sample must
be analyzed, prior to non-
hazardous management of the waste
in the batch represented by that
sample, for the constituent lead
as listed in Condition (1).
Chaparral may treat the waste as
specified in Condition (2).
If EPA judges the treatment
process to be effective during
the operating conditions used
during the initial verification
testing, Chaparral Steel may
replace the testing requirement
in Condition (3)(A) with the
testing requirement in Condition
(3)(B). Chaparral must continue
to test as specified in (3)(A)
until and unless notified by EPA
or designated authority that
testing in Condition (3)(A) may
be replaced with by Condition
(3)(B).
(A) Initial Verification Testing:
Representative composite samples
from the first eight (8) full-
scale treated batches of
wastewater from the K061 leachate/
wastewater storage tank must be
analyzed for the constituent lead
as listed in Condition (1),
Chaparral must report to EPA the
operational and analytical test
data, including quality control
information, obtained from these
initial full scale treatment
batches within 90 days of the
eighth treatment batch.
(B) Subsequent Verification
Testing: Following notification
by EPA, Chaparral Steel may
substitute the testing conditions
in (3)(B) for (3)(A). Chaparral
Steel must analyze representative
composite samples from the
treated full scale batches on an
annual basis. If delisting levels
for any constituent listed in
Condition (1) are exceeded in the
annual sample, Chaparral must
reinstitute complete testing as
required in Condition (3)(A). As
stated in Condition (3) Chaparral
must continue to test all batches
of untreated waste to determine
if delisting criteria are met
before managing the wastewater
from the K061 tank as
nonhazardous.
(4) Changes in Operating
Conditions: If Chaparral Steel
significantly changes the
treatment process established
under Condition (3) (e.g., use of
new treatment agents), Chaparral
Steel must notify the Agency in
writing. After written approval
by EPA, Chaparral Steel may
handle the wastes generated as
non-hazardous, if the wastes meet
the delisting levels set in
Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Texas, or both, and
be made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records on site for the specified
time will be considered by EPA,
at its discretion, sufficient
basis to reopen the exclusion as
described in Paragraph (6). All
data must be accompanied by a
signed copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(A) If, anytime after disposal of
the delisted waste, Chaparral
Steel possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) Based on the information
described in paragraphs (5), or
(6)(A) and any other information
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or
delegate's notice to present such
information.
(D) Following the receipt of
information from the facility
described in paragraph (6)(C) or
(if no information is presented
under paragraph (6)(C)) the
initial receipt of information
described in paragraph (5) or
(6)(A), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Chaparral Steel must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Conversion Horsham, Chemically Stabilized Electric Arc
Systems, Inc. Pennsylvania. Furnace Dust (CSEAFD) that is
generated by Conversion Systems,
Inc. (CSI) (using the Super
Detox[SU]TM[/SU] treatment
process as modified by CSI to
treat EAFD (EPA Hazardous Waste
No. K061)) at the following sites
and that is disposed of in
Subtitle D landfills:
Northwestern Steel, Sterling,
Illinois after June 13, 1995.
CSI must implement a testing
program for each site that meets
the following conditions for the
exclusion to be valid:
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies.
(A) Initial Verification Testing:
During the first 20 operating
days of full-scale operation of a
newly constructed Super
Detox[SU]TM[/SU] treatment
facility, CSI must analyze a
minimum of four (4) composite
samples of CSEAFD representative
of the full 20-day period.
Composites must be comprised of
representative samples collected
from every batch generated. The
CSEAFD samples must be analyzed
for the constituents listed in
Condition (3). CSI must report
the operational and analytical
test data, including quality
control information, obtained
during this initial period no
later than 60 days after the
generation of the first batch of
CSEAFD.
(B) Addition of New Super
Detox[SU]TM[/SU] Treatment
Facilities to Exclusion: If the
Agency's review of the data
obtained during initial
verification testing indicates
that the CSEAFD generated by a
specific Super Detox[SU]TM[/SU]
treatment facility consistently
meets the delisting levels
specified in Condition (3), the
Agency will publish a notice
adding to this exclusion the
location of the new Super
Detox[SU]TM[/SU] treatment
facility and the name of the
steel mill contracting CSI's
services. If the Agency's review
of the data obtained during
initial verification testing
indicates that the CSEAFD
generated by a specific Super
Detox[SU]TM[/SU] treatment
facility fails to consistently
meet the conditions of the
exclusion, the Agency will not
publish the notice adding the new
facility.
(C) Subsequent Verification
Testing: For the Sterling,
Illinois facility and any new
facility subsequently added to
CSI's conditional multiple-site
exclusion, CSI must collect and
analyze at least one composite
sample of CSEAFD each month. The
composite samples must be
composed of representative
samples collected from all
batches treated in each month.
These monthly representative
samples must be analyzed, prior
to the disposal of the CSEAFD,
for the constituents listed in
Condition (3). CSI may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(2) Waste Holding and Handling:
CSI must store as hazardous all
CSEAFD generated until
verification testing as specified
in Conditions (1)(A) and (1)(C),
as appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of CSEAFD
do not exceed the levels set
forth in Condition (3), then the
CSEAFD is non-hazardous and may
be disposed of in Subtitle D
landfills. If constituent levels
in a sample exceed any of the
delisting levels set in Condition
(3), the CSEAFD generated during
the time period corresponding to
this sample must be retreated
until it meets these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA. CSEAFD generated by a new
CSI treatment facility must be
managed as a hazardous waste
prior to the addition of the name
and location of the facility to
the exclusion. After addition of
the new facility to the
exclusion, CSEAFD generated
during the verification testing
in Condition (1)(A) is also non-
hazardous, if the delisting
levels in Condition (3) are
satisfied.
(3) Delisting Levels: All
leachable concentrations for
those metals must not exceed the
following levels (ppm):
Antimony_0.06; arsenic_0.50;
barium_7.6; beryllium_0.010;
cadmium_0.050; chromium_0.33;
lead_0.15; mercury_0.009;
nickel_1; selenium_0.16;
silver_0.30; thallium_0.020;
vanadium_2; and zinc_70. Metal
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR
261.24.
(4) Changes in Operating
Conditions: After initiating
subsequent testing as described
in Condition (1)(C), if CSI
significantly changes the
stabilization process established
under Condition (1) (e.g., use of
new stabilization reagents), CSI
must notify the Agency in
writing. After written approval
by EPA, CSI may handle CSEAFD
wastes generated from the new
process as non-hazardous, if the
wastes meet the delisting levels
set in Condition (3).
(5) Data Submittals: At least one
month prior to operation of a new
Super Detox[SU]TM[/SU] treatment
facility, CSI must notify, in
writing, the Chief of the Waste
Identification Branch (see
address below) when the Super
Detox[SU]TM[/SU] treatment
facility is scheduled to be on-
line. The data obtained through
Condition (1)(A) must be
submitted to the Branch Chief of
the Waste Identification Branch,
OSW (Mail Code 5304), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified. Records of
operating conditions and
analytical data from Condition
(1) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State in which the CSI
facility is located, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
DOE-RL........... Richland, Effluents (EPA Hazardous Waste
Washington. Nos. F001, F002, F003, F004,
F005, and F039 derived from F001
through F005) generated from the
200 Area Effluent Treatment
Facility (ETF) located at the
Hanford site (at a maximum
generation rate of 19 million
gallons per year) after June 13,
1995. To ensure that hazardous
constituents are not present in
the wastes at levels of
regulatory concern while the
treatment facility is in
operation, DOE must implement a
testing program. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed according to SW-846 (or
other EPA-approved)
methodologies. If EPA judges the
treatment process to be effective
under the operating conditions
used during the initial
verification testing, DOE may
replace the testing required in
Condition (1)(A) with the testing
required in Condition (1)(B). DOE
must continue to test as
specified in Condition (1)(A)
until notified by EPA in writing
that testing in Condition (1) (A)
may be replaced by Condition
(1)(B).
(A) Initial Verification Testing:
During the period required to
fill the first three verification
tanks (each designed to hold
approximately 650,000 gallons)
with effluents generated from an
on-line, full-scale Effluent
Treatment Facility (ETF), DOE
must monitor the range of typical
operating conditions for the ETF.
DOE must collect a representative
sample from each of the first
three verification tanks filled
with ETF effluents. The samples
must be analyzed, prior to
disposal of ETF effluents, for
all constituents listed in
Condition (3). DOE must report
the operational and analytical
test data, including quality
control information, obtained
during this initial period no
later than 90 days after the
first verification tank is filled
with ETF effluents.
(B) Subsequent Verification
Testing: Following notification
by EPA, DOE may substitute the
testing conditions in this
condition for (1)(A). DOE must
continue to monitor operating
conditions, and collect and
analyze representative samples
from every tenth verification
tank filled with ETF effluents.
These representative samples must
be analyzed, prior to disposal of
ETF effluents, for all
constituents listed in Condition
(3). If all constituent levels in
a sample do not meet the
delisting levels specified in
Condition (3), DOE must analyze
representative samples from the
following two verification tanks
generated prior to disposal. DOE
may also collect and analyze
representative samples more
frequently.
(2) Waste Holding and Handling:
DOE must store as hazardous all
ETF effluents generated during
verification testing (as
specified in Conditions (1)(A)
and (1)(B)), that is until valid
analyses demonstrate that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
ETF effluents are equal to or
below all of the levels set forth
in Condition (3), then the ETF
effluents are not hazardous and
may be managed and disposed of in
accordance with all applicable
solid waste regulations. If
hazardous constituent levels in
any representative sample
collected from a verification
tank exceed any of the delisting
levels set in Condition (3), the
ETF effluents in that
verification tank must be re-
treated until the ETF effluents
meet these levels. Following re-
treatment, DOE must repeat
analyses in Condition (3) prior
to disposal.
(3) Delisting Levels: All total
constituent concentrations in the
waste samples must be measured
using the appropriate methods
specified in ``Test Methods for
Evaluating Solid Wastes: Physical/
Chemical Methods,'' U.S. EPA
Publication SW-846 (or other EPA-
approved methods). All total
constituent concentrations must
be equal to or less than the
following levels (ppm):
1 1 1 Inorganic Constituents
Ammonium_10.0
Antimony_0.06
Arsenic_0.5
Barium_20.0
Beryllium_0.04
Cadmium_0.05
Chromium_1.0
Cyanide_2.0
Fluoride_40.0
Lead_0.15
Mercury_0.02
Nickel_1.0
Selenium_0.5
Silver_2.0
Vanadium_2.0
Zinc_100.0
Organic Constituents
Acetone_40.0
Benzene_0.05
Benzyl alcohol_100.0
1-Butyl alcohol_40.0
Carbon tetrachloride_0.05
Chlorobenzene_1.0
Chloroform_0.1
Cresol_20.0
1,4-Dichlorobenzene_0.75
1,2-Dichloroethane_0.05
1,1-Dichloroethylene_0.07
Di-n-octyl phthalate_7.0
Hexachloroethane_0.06
Methyl ethyl ketone_200.0
Methyl isobutyl ketone_30.0
Naphthalene_10.0
Tetrachloroethylene_0.05
Toluene_10.0
Tributyl phosphate_0.2
1,1,1-Trichloroethane_2.0
1,1,2-Trichloroethane_0.05
Trichloroethylene_0.05
Vinyl Chloride_0.02
(4) Changes in Operating
Conditions: After completing the
initial verification testing in
Condition (1)(A), if DOE
significantly changes the
operating conditions established
in Condition (1), DOE must notify
the Agency in writing. After
written approval by EPA, DOE must
re-institute the testing required
in Condition (1)(A). DOE must
report the operations and test
data, required by Condition
(1)(A), including quality control
data, obtained during this period
no later than 60 days after the
changes take place. Following
written notification by EPA, DOE
may replace testing Condition
(1)(A) with (1)(B). DOE must
fulfill all other requirements in
Condition (1), as appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
DOE must notify, in writing, the
Chief of the Waste Identification
Branch (see address below) when
the Effluent Treatment Process
will be on-line and waste
treatment will begin. The data
obtained through Condition (1)(A)
must be submitted to the Branch
Chief, Waste Identification
Branch, OSW (Mail Code 5304),
U.S. EPA, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460 within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of three
years. These records and data
must be furnished upon request by
EPA or the State of Washington
and made available for
inspection. Failure to submit the
required data within the
specified time period or to
maintain the required records on
site for the specified time will
be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 USC 1001 and 42
USC 6928), I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to DOE, I recognize and agree
that this exclusion of waste will
be void as if it never had effect
or to the extent directed by EPA
and that the DOE will be liable
for any actions taken in
contravention of its RCRA and
CERCLA obligations premised upon
DOE's reliance on the void
exclusion.
DuraTherm, San Leon, Texas.. Desorber Solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the treatment
process to treat the Desorber
solids, (EPA Hazardous Waste No.
K048, K049, K050, and K051 and
disposed of in a subtitle D
landfill.
DuraTherm must implement the
testing program found in Table 1.
Wastes Excluded From Non-Specific
Sources, for the petition to be
valid.
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
(EPA Hazardous Waste Nos. K009,
K010) generated at Eastman.
Eastman must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Spent pickle liquor (EPA Hazardous
Pennsylvania Pennsylvania. Waste No. K062) generated from
(formerly steel finishing operations of
Envirite facilities within the iron and
Corporation). steel industry (SIC Codes 331 and
332); wastewater treatment sludge
(EPA Hazardous Waste No. K002)
generated from the production of
chrome yellow and orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K003) generated from the
production of molybdate orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K004) generated from the
production of zinc yellow
pigments; wastewater treatment
sludge (EPA Hazardous Waste K005)
generated from the production of
chrome green pigments; wastewater
treatment sludge (EPA Hazardous
Waste No. K006) generated from
the production of chrome oxide
green pigments (anhydrous and
hydrated); wastewater treatment
sludge (EPA Hazardous Waste No.
K007) generated from the
production of iron blue pigments;
oven residues (EPA Hazardous
Waste No. K008) generated from
the production of chrome oxide
green pigments after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned
wastes. This testing program must
meet the following conditions for
the exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm, the waste must
be retreated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm; or leachable
cyanide levels (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as hazardous
waste under 40 CFR Parts 262 to
265 and the permitting standards
of 40 CFR 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1.2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 27 0.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in #3, above, as well as the
remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, is not
required until six months from
the date of promulgation. The
Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery, including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
Giant Refining Bloomfield, New Waste generated during the
Company, Inc. Mexico. excavation of soils from two
wastewater treatment impoundments
(referred to as the South and
North Oily Water Ponds) used to
contain water outflow from an API
separator (EPA Hazardous Waste
No. K051). This is a one-time
exclusion for approximately 2,000
cubic yards of stockpiled waste.
This exclusion was published on
September 3, 1996.
Notification Requirements: Giant
Refining Company must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
Heritage Crawfordsville, Electric arc furnace dust (EAFD)
Environmental Indiana. that has been generated by Nucor
Services, LLC., Steel at its Crawfordsville,
at the Nucor Indiana facility and treated on
Steel facility. site by Heritage Environmental
Services, LLC (Heritage) at a
maximum annual rate of 30,000
cubic yards per year and disposed
of in a Subtitle D landfill which
has groundwater monitoring, after
January 15, 2002.
(1) Delisting Levels:
(A) The constituent concentrations
measured in either of the
extracts specified in Paragraph
(2) may not exceed the following
levels (mg/L): Antimony_0.206;
Arsenic_0.0936; Barium_55.7;
Beryllium_0.416; Cadmium_0.15;
Chromium (total)_1.55; Lead_5.0;
Mercury_0.149; Nickel_28.30;
Selenium_0.58; Silver_3.84;
Thallium_0.088; Vanadium_21.1;
Zinc_280.0.
(B) Total mercury may not exceed 1
mg/kg.
(2) Verification Testing: On a
monthly basis, Heritage or Nucor
must analyze two samples of the
waste using the TCLP method, the
TCLP procedure with an extraction
fluid of pH 12 ± 0.05
standard units and SW-846 Method
7470 for mercury. The constituent
concentrations measured must be
less than the delisting levels
established in Paragraph (1).
(3) Changes in Operating
Conditions: If Nucor
significantly changes the
manufacturing process or
chemicals used in the
manufacturing process or Heritage
significantly changes the
treatment process or the
chemicals used in the treatment
process, Heritage or Nucor must
notify the EPA of the changes in
writing. Heritage and Nucor must
handle wastes generated after the
process change as hazardous until
Heritage or Nucor has
demonstrated that the wastes
continue to meet the delisting
levels set forth in Paragraph (1)
and that no new hazardous
constituents listed in Appendix
VIII of Part 261 have been
introduced and Heritage and Nucor
have received written approval
from EPA.
(4) Data Submittals: Heritage must
submit the data obtained through
monthly verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 by February 1
of each calendar year for the
prior calendar year. Heritage or
Nucor must compile, summarize,
and maintain on site for a
minimum of five years records of
operating conditions and
analytical data. Heritage or
Nucor must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(5) Reopener Language_(A) If,
anytime after disposal of the
delisted waste, Heritage or Nucor
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
identified in Paragraph (1) is at
a level in the leachate higher
than the delisting level
established in Paragraph (1), or
is at a level in the groundwater
higher than the maximum allowable
point of exposure concentration
predicted by the CMTP model, then
Heritage or Nucor must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(B) Based on the information
described in paragraph (5)(A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify
Heritage and Nucor in writing of
the actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing Heritage and Nucor with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Heritage and
Nucor shall have 30 days from the
date of the Regional
Administrator's notice to present
the information.
(D) If after 30 days Heritage or
Nucor presents no further
information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
LCP Chemical..... Orrington, ME.... Brine purification muds and
wastewater treatment sludges
generated after August 27, 1985
from their chlor-alkali
manufacturing operations (EPA
Hazardous Waste Nos. K071 and
K106) that have been batch tested
for mercury using the EP toxicity
procedures and have been found to
contain less than 0.05 ppm
mercury in the EP extract. Brine
purification muds and wastewater
treatment sludges that exceed
this level will be considered a
hazardous waste.
Marathon Oil Co.. Texas City, Texas Residual solids (at a maximum
annual generation rate of 1,000
cubic yards) generated from the
thermal desorption treatment and,
where necessary, stabilization of
wastewater treatment plant API/
DAF filter cake (EPA Hazardous
Waste Nos. K048 and K051), after
[insert date of publication].
Marathon must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies. If EPA judges the
treatment process to be effective
under the operating conditions
used during the initial
verification testing, Marathon
may replace the testing required
in Condition (1)(A) with the
testing required in Condition
(1)(B). Marathon must continue to
test as specified in Condition
(1)(A), including testing for
organics in Conditions (3)(B) and
(3)(C), until and unless notified
by EPA in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B), or that
testing for organics may be
terminated as described in (1)(C)
(to the extent directed by EPA).
(A) Initial Verification Testing:
During at least the first 40
operating days of full-scale
operation of the thermal
desorption unit, Marathon must
monitor the operating conditions
and analyze 5-day composites of
residual solids. 5-day composites
must be composed of
representative grab samples
collected from every batch during
each 5-day period of operation.
The samples must be analyzed
prior to disposal of the residual
solids for constituents listed in
Condition (3). Marathon must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Verification
Testing: Following notification
by EPA, Marathon may substitute
the testing conditions in (1)(B)
for (1)(A). Marathon must
continue to monitor operating
conditions, and analyze samples
representative of each month of
operation. The samples must be
composed of representative grab
samples collected during at least
the first five days of operation
of each month. These monthly
representative samples must be
analyzed for the constituents
listed in Condition (3) prior to
the disposal of the residual
solids. Marathon may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(C) Termination of Organic
Testing: Marathon must continue
testing as required under
Condition (1)(B) for organic
constituents specified in
Conditions (3)(B) and (3)(C)
until the analyses submitted
under Condition (1)(B) show a
minimum of four consecutive
monthly representative samples
with levels of specific
constituents significantly below
the delisting levels in
Conditions (3)(B) and (3)(C), and
EPA notifies Marathon in writing
that monthly testing for specific
organic constituents may be
terminated. Following termination
of monthly testing, Marathon must
continue to test a representative
5-day composite sample for all
constituents listed in Conditions
(3)(B) and (3)(C) on an annual
basis. If delisting levels for
any constituents listed in
Conditions (3)(B) and (3)(C) are
exceeded in the annual sample,
Marathon must reinstitute
complete testing as required in
Condition (1)(B).
(2) Waste Holding and Handling:
Marathon must store as hazardous
all residual solids generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analysis demonstrates that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
residual solids are below all of
the levels set forth in Condition
(3), then the residual solids are
non-hazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If hazardous
constituent levels in any 5-day
composite or other representative
sample equal or exceed any of the
delisting levels set in Condition
(3), the residual solids
generated during the
corresponding time period must be
retreated and/or stabilized as
allowed below, until the residual
solids meet these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA.
If the residual solids contain
leachable inorganic
concentrations at or above the
delisting levels set forth in
Condition (3)(A), then Marathon
may stabilize the material with
Type 1 portland cement as
demonstrated in the petition to
immobilize the metals. Following
stabilization, Marathon must
repeat analyses in Condition
(3)(A) prior to disposal.
(3) Delisting Levels: Leachable
concentrations in Conditions
(3)(A) and (3)(B) must be
measured in the waste leachate by
the method specified in 40 CFR
261.24. The indicator parameters
in Condition (3)(C) must be
measured as the total
concentration in the waste.
Concentrations must be less than
the following levels (ppm):
(A) Inorganic Constituents:
antimony-0.6; arsenic, chromium,
or silver-5.0; barium-100.0;
beryllium-0.4; cadmium-0.5; lead-
1.5; mercury-0.2; nickel-10.0;
selenium-1.0; vanadium-20.0.
(B) Organic Constituents:
acenaphthene-200; benzene-0.5;
benzo(a)anthracene-0.01;
benzo(a)pyrene-0.02;
benzo(b)fluoranthene-0.02;
chrysene-0.02; ethyl benzene-70;
fluoranthene-100; fluorene-100;
naphthalene-100; pyrene-100;
toluene-100.
(C) Indicator Parameters: 1-methyl
naphthalene-3; benzo(a)pyrene-3.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if Marathon
significantly changes the
operating conditions established
under Condition (1), Marathon
must notify the Agency in
writing. After written approval
by EPA, Marathon must re-
institute the testing required in
Condition (1)(A) for a minimum of
four 5-day operating periods.
Marathon must report the
operations and test data,
required by Condition (1)(A),
including quality control data,
obtained during this period no
later than 60 days after the
changes take place. Following
written notification by EPA,
Marathon may replace testing
Condition (1)(A) with (1)(B).
Marathon must fulfill all other
requirements in Condition (1), as
appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
Marathon must notify in writing
the Section Chief Delisting
Section (see address below) when
the thermal desorption and
stabilization units will be on-
line and waste treatment will
begin. The data obtained through
Condition (1)(A) must be
submitted to HWID/OSW (5304W) (OS-
333), U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC 20460
within the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA or
the State of Texas and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C 6928), I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
sections(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Mearl Corp....... Peekskill, NY.... Wastewater treatment sludge (EPA
Hazardous Waste Nos. K006 and
K007) generated from the
production of chrome oxide green
and iron blue pigments after
November 27, 1985.
Monsanto Sauget, Illinois. Brine purification muds (EPA
Industrial Hazardous Waste No. K071)
Chemicals generated from the mercury cell
Company. process in chlorine production,
where separately prepurified
brine is not used after August
15, 1986.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation of 1,114 cubic yards
per calendar year) Rockbox
Residue, (at a maximum generation
of 1,000 cubic yards per calendar
year) generated by Occidental
Chemical using the wastewater
treatment process to treat the
Rockbox Residue and the Limestone
Sludge (EPA Hazardous Waste No.
K019, K020). Occidental Chemical
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources from the
petition to be valid.
Occidental Sheffield, Retorted wastewater treatment
Chemical Corp. Alabama. sludge from the mercury cell
Muscle Shoals process in chlorine production
Plant. (EPA Hazardous Waste No. K106)
after September 19, 1989. This
exclusion is conditional upon the
submission of data obtained from
Occidental's full-scale retort
treatment system because
Occidental's original data were
based on a pilot-scale retort
system. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Occidental must
implement a testing program. All
sampling and analyses (including
quality control procedures) must
be performed according to SW-846
procedures. This testing program
must meet the following
conditions for the exclusion to
be valid:
(1) Initial Testing_During the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Collect representative grab
samples from every batch of
retorted material and composite
the grab samples to produce a
weekly composite sample. The
weekly composite samples, prior
to disposal or recycling, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions), and the total
constitutent concentrations of
reactive sulfide and reactive
cyanide. Occidental must report
the analytical test data,
including all quality control
data, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Collect representative grab
samples of every batch of
retorted material prior to its
disposal or recycling and analyze
the sample for EP leachate
concentration of mercury.
Occidental must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(2) Subsequent Testing_After the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
be terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
remain in effect until Occidental
provides EPA with analytical and
quality control data for thirty
consecutive batches of retorted
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable levels of mercury are
below the maximum allowable level
in condition (3) and the Section
Chief, Variances Section,
notifies Occidental that the
testing in condition (2)(B) may
be replaced with (2)(C).
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition]. Collect
representative grab samples from
every batch of retorted material
on a daily basis and composite
the grab samples to produce a
weekly composite sample.
Occidental must analyze each
weekly composite sample prior to
its disposal or recycling for the
EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years all analytical
data and quality control data.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Alabama.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
1.616 mg/l; for barium exceeds
32.3 mg/l; for cadmium or
selenium exceed 0.323 mg/l; for
mercury exceeds 0.065 mg/l, for
nickel exceeds 16.15 mg/l; for
cyanide exceeds 22.61 mg/l; or
for total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
subtitle C of RCRA.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale retort system is
on-line and waste treatment has
begun. All data obtained through
condition (1) must be submitted
to PSPD/OSW (5303W), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, Occidental must
submit any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Occidental Delaware City, Sodium chloride treatment muds
Chemical Delaware. (NaCl-TM), sodium chloride
Corporation. saturator cleanings (NaCl-SC),
and potassium chloride treatment
muds (KCl-TM) (all classified as
EPA Hazardous Waste No. K071)
generated at a maximum combined
rate (for all three wastes) of
1,018 tons per year. This
exclusion was published on April
29, 1991 and is conditioned upon
the collection of data from
Occidental's full-scale brine
treatment system because
Occidental's request for
exclusion was based on data from
a laboratory-scale brine
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment system is in
operation, Occidental must
implement a testing program for
the petitioned waste. All
sampling and analyses (including
quality control procedures) must
be performed according to SW-846
methodologies. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Initial Testing: During the
first four weeks of full-scale
treatment system operation,
Occidental must do the following:
(A) Collect representative grab
samples from each batch of the
three treated wastestreams
(sodium chloride saturator
cleanings (NaCl-SC), sodium
chloride treatment muds (NaCl-TM)
and potassium chloride treatment
muds (KCl-TM)) on an as generated
basis, and composite the samples
to produce three separate weekly
composite samples (of each type
of K071 waste). The three weekly
composite samples, prior to
disposal, must be analyzed for
the EP leachate concentrations of
all the EP toxic metals (except
mercury), nickel and cyanide
(using deionized water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Occidental must report
the waste volumes produced and
the analytical test data,
including all quality control
data, obtained during this
initial period, no later than 90
days after the treatment of the
first full-scale batch.
(B) Collect representative grab
samples of each batch of the
three treated wastestreams (NaCl-
SC, NACl-TM and KCl-TM) and
composite the grab samples to
produce three separate daily
composite samples (of each type
of K071 waste) on an as generated
basis. The three daily composite
samples, prior to disposal, must
be analyzed for the EP leachate
concentration of mercury.
Occidental must report the waste
volumes produced and the
analytical test data, including
all quality control data,
obtained during this initial
period, no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
treatment operations, Occidental
must do the following (all
sampling and analyses (including
quality control procedures) must
be performed according to SW-846
procedures):
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years the records of waste
volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing, show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B). Occidental must
compile and store on-site for a
minimum of three years the
records of waste volumes produced
and all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Delaware.
These testing requirements shall
be terminated and replaced with
the requirements of condition
(2)(C) if Occidental provides EPA
with analytical and quality
control data for thirty
consecutive batches of treated
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable level of mercury in
condition (3) is not exceeded (in
all three treated wastes), and
the Section Chief, Variances
Section, notifies Occidental that
the testing in condition (2)(B)
may be replaced with (2)(C).
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition.] Collect
representative grab samples from
each batch of the three treated
wastestreams (NaCl-SC, NaCl-TM
and KCl-TM) on an as generated
basis and composite the grab
samples to produce three separate
weekly composite samples (of each
type of K071 waste). The three
weekly composite samples, prior
to disposal, must be analyzed for
the EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years the records of
waste volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware.
(3) If under conditions (1) or
(2), the EP leachate
concentration for chromium, lead,
arsenic, or silver exceeds 0.77
mg/L; for barium exceeds 15.5 mg/
L; for cadmium or selenium
exceeds 0.16 mg/L; for mercury
exceeds 0.031 mg/L; for nickel or
total cyanide exceeds 10.9 mg/L;
or the total reactive cyanide or
total reactive sulfide levels
exceeds 250 mg/kg and 500 mg/kg,
the waste must either be
retreated or managed and disposed
of in accordance with all
applicable hazardous waste
regulations.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale system is on-line
and waste treatment has begun.
All data obtained through
condition (1) must be submitted
to the Section Chief, Variances
Section, PSPD/OSW, (OS-333), U.S.
EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period required in condition
(1). At the Section Chief's
request, Occidental must submit
any other analytical data
obtained through conditions (1)
and (2) to the above address
within the time period specified
by the Section Chief. Failure to
submit the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
(either submitted to EPA or
maintained at the site) must be
accompanied by the following
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to 18 U.S.C. 1001 and 42
U.S.C. 6926), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Ormet Primary Hannibal, OH..... Vitrified spent potliner (VSP),
Aluminum K088, that is generated by Ormet
Corporation. Primary Aluminum Corporation in
Hannibal (Ormet), Ohio at a
maximum annual rate of 8,500
cubic yards per year and disposed
of in a Subtitle D landfill,
licensed, permitted, or
registered by a state. The
exclusion becomes effective as of
July 25, 2002.
1. Delisting Levels: (A) The
constituent concentrations
measured in any of the extracts
specified in paragraph (2) may
not exceed the following levels
(mg/L): Antimony_0.235;
Arsenic_0.107; Barium_63.5;
Beryllium_0.474; Cadmium_0.171;
Chromium (total)_1.76; Lead_5;
Mercury_0.17; Nickel_32.2;
Selenium_0.661; Silver_4.38;
Thallium_0.1; Tin_257;
Vanadium_24.1; Zinc_320;
Cyanide_4.11. (B) Land disposal
restrictions (LDR) treatment
standards for K088 must also be
met before the VSP can be land
disposed. Ormet must comply with
any future LDR treatment
standards promulgated under 40
CFR 268.40 for K088.
2. Verification Testing: (A) On a
quarterly basis, Ormet must
collect two samples of the waste
and analyze them for the
constituents listed in paragraph
(1) using the methodologies
specified in an EPA-approved
sampling plan specifying (a) the
TCLP method, and (b) the TCLP
procedure with an extraction
fluid of 0.1 Normal sodium
hydroxide solution. The
constituent concentrations
measured in the extract must be
less than the delisting levels
established in paragraph (1).
Ormet must also comply with LDR
treatment standards in accordance
with 40 CFR 268.40. (B) If the
quarterly testing of the waste
does not meet the delisting
levels set forth in paragraph
(1), Ormet must notify the Agency
in writing in accordance with
paragraph (5). The exclusion will
be suspended and the waste
managed as hazardous until Ormet
has received written approval for
the exclusion from the Agency.
Ormet may provide sampling
results that support the
continuation of the delisting
exclusion.
3. Changes in Operating
Conditions: If Ormet
significantly changes the
manufacturing process, the
treatment process, or the
chemicals used, Ormet must notify
the EPA of the changes in
writing. Ormet must handle wastes
generated after the process
change as hazardous until Ormet
has demonstrated that the wastes
continue to meet the delisting
levels set forth in paragraph (1)
and that no new hazardous
constituents listed in Appendix
VIII of part 261 have been
introduced and Ormet has received
written approval from EPA.
4. Data Submittals: Ormet must
submit the data obtained through
quarterly verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 by February 1
of each calendar year for the
prior calendar year. Ormet must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
Ormet must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language_(a) If,
anytime after disposal of the
delisted waste, Ormet possesses
or is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent identified in
paragraph (1) is at a level in
the leachate higher than the
delisting level established in
paragraph (1), or is at a level
in the groundwater higher than
the point of exposure groundwater
levels referenced by the model,
then Ormet must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (5)(a) or
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the information
does require Agency action, the
Regional Administrator will
notify Ormet in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing Ormet with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Ormet shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Ormet
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Oxy Vinyls....... Deer Park, Texas. Rockbox Residue, (at a maximum
generation of 1,000 cubic yards
per calender year) generated by
Oxy Vinyls using the wastewater
treatment process to treat the
Rockbox Residue (EPA Hazardous
Waste No. K017, K019, and K020).
Oxy Vinyls must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue must be measured
in the waste leachate by the
method specified in 40 CFR
261.24.
(A) Rockbox Residue:
(i) Inorganic Constituents:
Barium_200; Chromium_5.0;
Copper_130; Lead+1.5; Tin_2,100;
Vanadium_30; Zinc_1,000
(ii) Organic Constituents:
Acetone_400; Dichloromethane_1.0;
Dimethylphthalate_4,000;
Xylene_10,000; 2,3,7,8-TCDD
Equivalent_0.00000006
(2) Waste Holding and Handling:
Oxy Vinyls must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue generated until the
verification testing described in
Condition (3)(B), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue do
not exceed the levels set forth
in Condition (1), then the waste
is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition 1, waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing, Oxy
Vinyls may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Oxy Vinyls must continue
to test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) When the Rockbox unit is
decommissioned for clean out,
after the final exclusion is
granted, Oxy Vinyls must collect
and analyze composites of the
Rockbox Residue. Two composites
must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Condition
1. No later than 90 days after
the Rockbox unit is
decommissioned for clean out the
first two times after this
exclusion becomes final, Oxy
Vinyls must report the
operational and analytical test
data, including quality control
information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Oxy Vinyls
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). Oxy Vinyls must
continue to monitor operating
conditions, analyze samples
representative of each cleanout
of the Rockbox of operation
during the first year of waste
generation.
(C) Termination of Organic Testing
for the Rockbox Residue: Oxy
Vinyls must continue testing as
required under Condition (3)(B)
for organic constituents
specified under Condition (3)(B)
for organic constituents
specified in Condition (1)(A)(ii)
until the analyses submitted
under Condition (3)(B) show a
minimum of two consecutive annual
samples below the delisting
levels in Condition (1)(A)(ii),
Oxy Vinyls may then request that
annual organic testing be
terminated. Following termination
of the quarterly testing, Oxy
Vinyls must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Oxy Vinyls
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), Oxy
Vinyls must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Oxy Vinyls
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Director in granting the
petition, then the facility must
report the data, in writing, to
the Director within 10 days of
first possessing or being made
aware of that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1, Oxy
Vinyls must report the data, in
writing, to the Director within
10 days of first possessing or
being made aware of that data.
(C) Based on the information
described in paragraphs (A) or
(B) and any other information
received from any source, the
Director will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Director determines
that the reported information
does require Agency action, the
Director will notify the facility
in writing of the actions the
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Director's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (D) or (if
no information is presented under
paragraph (D)) the initial
receipt of information described
in paragraphs (A) or (B), the
Director will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the
Director's determination shall
become effective immediately,
unless the Director provides
otherwise.
(7) Notification Requirements: Oxy
Vinyls must provide a one-time
written notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Perox, Sharon, Iron oxide (EPA Hazardous Waste
Incorporated. Pennsylvania. No. K062) generated (at a maximum
annual rate of 4800 cubic yards)
from a spent hydrochloric acid
pickle liquor regeneration plant
for spent pickle liquor generated
from steel finishing operations.
This exclusion was published on
November 13, 1990.
Pioneer Chlor St. Gabriel, LA.. Brine purification muds, which
Alkai Company, have been washed and vacuum
Inc. (formerly filtered, generated after August
Stauffer 27, 1985 from their chlor-alkali
Chemical manufacturing operations (EPA
Company). Hazardous Waste No. K071) that
have been batch tested for
mercury using the EP toxicity
procedure and have been found to
contain less than 0.05 ppm in
mercury in the EP extract. Brine
purification muds that exceed
this level will be considered a
hazardous waste.
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 300 cubic yards) after
December 7, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
§ 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to § 260.22(i)(12) of this
chapter, maintained on site for a
minimum of five years, and made
available for inspection upon
request by any employee or
representative of EPA or the
State of Connecticut. Failure to
maintain the required records on
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. K002-004, K006-K011,
K013-K052, K060-K062, K064-K066,
K069, K071, K073, K083-K088, K090-
K091, K093-K118, K123-K126, K131-
K133, K136, K141-K145, K147-K151,
K156-K161) generated at Rhodia.
Rhodia must implement the testing
program described in Table 1.
Waste Excluded From Non-Specific
Sources for the petition to be
valid.
Roanoke Electric Roanoke, VA...... Fully-cured chemically stabilized
Steel Corp. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after March
22, 1989. This exclusion is
conditioned upon the data
obtained from Roanoke's full-
scale CSEAFD treatment facility
because Roanoke's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Roanoke must implement
a testing program for the
petitioned waste.
This testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial testing: During the
first four weeks of operation of
the full-scale treatment system,
Roanoke must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. Roanoke must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent testing: Roanoke
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Roanoke then must analyze
each weekly composite sample for
all of the EP toxic metals and
nickel. Analyses must be
performed according to SW-846
methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Virginia.
(2) Delisting levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 1.26 mg/
l, or total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
Subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up, Roanoke
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system in on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). Failure to
submit the required data or keep
the required records will be
considered by the Agency, at its
discretion, sufficient basis to
revoke Roanoke's exclusion. All
data must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 USC
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. K009 and
K010, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources for the petition
to be valid.
USX Steel Chicago, Illinois Fully-cured chemically stabilized
Corporation, USS electric arc furnace dust/sludge
Division, (CSEAFD) treatment residue (EPA
Southworks Hazardous Waste No. K061)
Plant, Gary generated from the primary
Works. production of steel after April
29, 1991. This exclusion (for
35,000 tons of CSEAFD per year)
is conditioned upon the data
obtained from USX's full-scale
CSEAFD treatment facility. To
ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, USX must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies.
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
USX must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions), and the
total concentrations of reactive
sulfide and reactive cyanide. USX
must report the analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Subsequent Testing: USX must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. USX then must analyze
each weekly composite sample for
all of the EP toxic metals, and
nickel. The analytical data,
including quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Illinois.
(2) Delisting levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 4.42 mg/
l, total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated until it
meets these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up USX must
notify the Section Chief,
Delisting Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
The data obtained through
condition (1)(A) must be
submitted to the Section Chief,
Delisting Section, CAD/OSW (OS-
333), U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC 20460
within the time period specified.
At the Section Chief's request,
USX must submit any other
analytical data obtained through
conditions (1)(A) or (1)(B)
within the time period specified
by the Section Chief. Failure to
submit the required data obtained
from conditions (1)(A) or (1)(B)
within the specified time period
or maintain the required records
for the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke USX's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
§ 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Vulcan Materials Port Edwards, WI. Brine purification muds (EPA
Company. Hazardous Waste No. K071)
generated from the mercury cell
process in chlorine production,
where separately prepurified
brine is not used after November
17, 1986. To assure that mercury
levels in this waste are
maintained at acceptable levels,
the following conditions apply to
this exclusion: Each batch of
treated brine clarifier muds and
saturator insolubles must be
tested (by the extraction
procedure) prior to disposal and
the leachate concentration of
mercury must be less than or
equal to 0.0129 ppm. If the waste
does not meet this requirement,
then it must be re-treated or
disposed of as hazardous. This
exclusion does not apply to
wastes for which either of these
conditions is not satisfied.
------------------------------------------------------------------------
Table 3_Wastes Excluded From Commercial Chemical Products, Off-
Specification Species, Container Residues, and Soil Residues Thereof
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. U001, U002,
U028, U031, U069, U088, U112,
U115, U117, U122, U140, U147,
U154, U159, U161, U220, U226,
U239, U359). Eastman must
implement the testing program
described in Table 1. Waste
Excluded From Non-Specific
Sources for the petition to be
valid.
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. P001-P024, P026-P031,
P033-P034, P036-P051, P054, P056-
P060, P062-P078, P081-P082, P084-
P085, P087-P089, P092-P116, P118-
P123, P127-P128, P185, P188-P192,
P194, P196-P199, P201-P205, U001-
U012, U014-U039, U041-U053, U055-
U064, U066-U099, U101-U103, U105-
U138, U140-U174, U176-U194, U196-
U197, U200-U211, U213-U223, U225-
U228, U234-U240, U243-U244, U246-
U249, U271, U277-U280, U328,
U353, U359, U364-U367, U372-U373,
U375-U379, U381-U396, U400-U404,
U407, U409-U411) generated at
Rhodia. Rhodia must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. U001,
U002, U003, U019, U028, U031,
U037, U044, U056, U069, U070,
U107, U108, U112, U113, U115,
U117, U122, U140, U147, U151,
U154, U159, U161, U169, U190,
U196, U211, U213, U226, U239, and
U359, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement the testing
program described in Table 1.
Wastes Excluded From Non-Specific
Sources for the petition to be
valid.
Union Carbide Taft, LA......... Contaminated soil (approximately
Corp. 11,000 cubic yards), which
contains acrolein in
concentrations of less than 9
ppm.
------------------------------------------------------------------------
[49 FR 37070, Sept. 21, 1984]
Editorial Note: For FEDERAL REGISTER citations affecting appendix IX
of part 261, see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and on GPO Access.