RCRA
CFR CITATION
EQUIVALENCE
IN STATE
ADMINI S TRATIVE
CODES
See TOC
for list of States
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1. Alabama
2. Florida
3. Georgia
4. Kentucky
5. Mississippi
6. North Carolina
7. South Carolina
8. Tennessee
RCRA PARALLEL CITATIONS
TABLE OF CONTENTS
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RCRA PARALLEL CITATIONS FOR ALABAMA
TOPIC
CFR Section
ADEM Admin. Code R.
xxx-xx-x-.xx
Hazardous Waste
Management System
260 1 and 260.2
260.10 (definitions)
335-14-1- 01(1) and (2)
335-14-1-02
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261 1
335-14-2- 01(1)
“solid waste” definition
261 2
335-14-2- 01(2)
“hazardous waste” definition
261 3
335-14-2-01(3)
“solid waste” exclusions
261.4
335-14-2 01(4)
requirements for CESQG
261.5
335-14-2-.01(5)
criteria for identif ’ing
characteristics of hazardous
waste
261 10
335-14-2-02(1)
criteria for listing hazardous
waste
261 11
33 5-14-2- 02(2)
characteristics of hazardous
waste
261.20-261 24
335-14-2-03(1)- general
(2)- ignitability
(3)- corrosivity
(4)- reactivity
(5)- toxicity
lists of hazardous wastes
261.30-261.32
335-14-2- 04(1)- general
(2)- non-specific sources
(3)- specific sources
Alabama, Final Authorization of State Hazardous Waste Management Program
• 52 FR 46466 (12/08/87)
• effective date 12/22/87
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Page 1
,. ation Found Document Rank 1 of 1 Database
52 FR 46466—01 FR
1987 WL 146982 (F.R.)
(Cite as: 52 FR 46466)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[ FRL—3299-7]
Alabama; Final Authorization of State Hazardous Waste Management Program
Tuesday, December 8, 1987
*46466 AGENCY: Environmental Protection Agency.
ACTION: Notice of final Determination on Alabama’s application for final
authorization.
SUMMARY: Alabama has applied for final authorization under the Resource
riservation and Recovery Act (RCRPL). The Environmental Protection Agency (EPA)
s reviewed Alabama’s application and has reached a final determination that
Alabama’s hazardous waste program satisfies all of the requirements necessary to
qualify for final authorization. Thus, EPA is granting final authorization to
Alabama to operate its program, subject to the authority retained by EPA in
accordance with the Hazardous and Solid Waste Amendments of 1984 (HSWA)
EFFECTIVE DATE: Final authorization for Alabama shall be effective at 1:00 p.m.
on December 22, 1987.
FOR FURTHER INFORMATION CONTACT: Otis Johnson, Jr., Chief, Waste Planning
Section, Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,
Georgia 30365; 404/347—3016.
SUPPLEMENTARY INFORMATION:
A. Background
Section 3006 of the Resource Conservation and Recovery Act (RCRA) allows EPA to
authorize State hazardous waste programs to operate in the State in lieu of the
Federal hazardous waste program. To qualify for final authorization a State’s
program must (1) be “equivalent” to the Federal program, (2) be consistent with
the Federal program and other State programs, and (3) provide for adequate
enforcement (section 3006(b), 42 U.S.C. 6926(b)).
On November 7, 1985, Alabama submitted an official application to obtain final
thorization to administer the RCRA program. On May 21, 1987, EPA published a
tentative decision announcing its intent to grant Alabama final authorization.
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Page 2
FR 46466—01
te as: 52 FR 46466, *46466)
Further background on the tentative decision to grant authorization appears at
52 FR 19140, May 21, 1987.
Along with the tentative determination EPA announced the availability of the
application for public comment and the date of a public hearing on the
application. The public hearing was held on June 25, 1987. There was no
opposition to the State’s Final Authorization request at the hearing. The State
received three written comments. Eight oral comments were offered at the
hearing. Each commended the Alabama Department of Environmental Management
(ADEM) for their efficiency in managing the program. The nature of these
comments did not require any change in ADEM’s application package.
State requirements which are not part of the RCRA program and are broader in
scope than Federal requirements include sections 22-30-5, 22—30-12(C) (1), and
22-30-19 of the Alabama Hazardous Waste Management Act.
The Memorandum of Agreement with the Regional Administrator provides that the
State Director will review all permits issued under State law prior to the date
of program approval, and modify or revoke and reissue such permits to ensure
conformity with the Federal program. In the case of permits issued by EPA prior
to the date of program approval, a notice of intent to terminate or modify such
permits will be made as appropriate in the course of transferring permit
responsibility to the approved State program. EPA shall issue permits, or
portions of permits, to facilities in Alabama as necessary to implement the
zardous and Solid Waste amendments of 1984.
labama is not authorized by the Federal government to operate the RCRA program
on Indian Lands. This authority will remain with EPA.
B. Decision
After reviewing the public comments on the tentative determination and the
state’s application, I conclude that Alabama’s application for final
authorization meets all of the statutory and regulatory requirements established
by RCRA. Accordingly, Alabama is granted final authorization to operate its
hazardous waste program subject to the limitations on its authority imposed by
the Hazardous and Solid Waste 1 mendments of 1984 (Pub. L. 98-616, November 8,
1984) (HSWA) . Alabama now has the responsibility for permitting treatment,
storage and disposal facilities within its borders and carrying out the other
aspects of the RCRA program, subject to the HSWA.
Alabama also has primary enforcement responsibility, although EPA retains the
right to conduct inspections under section 3007 of RCRA and to take enforcement
actions under sections 3008, 3013, and 7003 of RCRA.
As stated above, Alabama’s authority to operate a hazardous waste program under
Subtitle C of RCRP . is limited by the November 1984 HSWA. Prior to that date, a
State with Final Authorization administered its hazardous waste program entirely
in lieu of EPA. The Federal requirements no longer applied in the authorized
State, and EPA could not issue permits for any facilities the State was
authorized to permit. When new, more stringent Federal requirements were
promulgated or enacted, the State was obligated to enact equivalent authority
thin specified time frames. New Federal requirements did not take effect in
an authorized State until the State adopted the requirements as State law.
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Page 3
FR 46466—01
.te as: 52 FR 46466, *46466)
In contrast, under section 3006(g) of RCRA, 42 U.s.c. 6926(g), new requirements
and prohibitions imposed by the HSWA take effect in authorized *46467 States at
the same time as they take effect in non-authorized States. EPA is directed to
carry out those requirements and prohibitions in authorized States, including
the issuance of full or partial permits, until the State is granted
authorization to do so. While States must adopt HSWA-related provisions as
State law to retain final authorization, the HSWA applies in authorized States
in the interim.
As a result of the HSWA, there will be a dual State/Federal regulatory program
in Alabama. To the extent the authorized State program is unaffected by the
HSWA, the State program will operate in lieu of the Federal program. Where
HSWA—related requirements apply, EPA will administer and enforce these portions
of the HSWA in Alabama until the State receives authorization to do so. Among
other things, this will entail the issuance of Federal RCRA permits for those
areas in which the State is not yet authorized. Once the State is authorized to
implement a HSWA requirement or prohibition, the State program in that area will
operate in lieu of the Federal program. Until that time the State may assist
EPA’s implementation of the HSWA under a Cooperative Agreement.
Any State requirement that is more stringent than a 1-ISWA provision remains in
effect; thus, the universe of the more stringent provisions in the HSWA and the
approved State program define the applicable Subtitle C requirements in Alabama.
- ‘abama is not being authorized now for any requirement implementing the HSWA or
sting HSWA requirements.
EPA has published a Federal Register notice that explains in detail the HSWA
and its effect on authorized States. That notice was published at 50 FR 28702-
28755, July 15, 1985.
Compliance With Executive Order 12291: The Office of Management and Budget has
exempted this rule from the requirements of section 3 of Executive Order 12291.
Certification Under the Regulatory Flexibility Act: Pursuant to the provisions
of 5 U.S.C. 605(b), I hereby certify that this authorization will not have a
significant economic impact on a substantial number of small entities. The
authorization effectively suspends the applicability of certain Federal
regulations in favor of Alabama’s program, thereby eliminating duplicative
requirements for handlers of hazardous waste in the State. It does not impose
any new burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Administrative practice and procedure, Confidential business information,
Hazardous materials transportation, Hazardous waste, Indian lands,
Intergovernmental relations, Penalties, Reporting and record-keeping
requirements, Water pollution control, Water supply.
Authority: This notice is issued under the authority of sections 2002(a), 3006,
nd 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C 6912(a), 6926,
74 (b)
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Page 4
FR 46466—01
as: 52 FR 46466, *46467)
Dated: October 20, 1987.
Lee A. DeHihns,
Acting Regional Administrator.
[ FR Doc. 87—28101 Filed 12—7—87; 8:45 aml
BILLING CODE 6560-50--N
52 FR 46466—01, 1987 WL 146982 (F.R.)
END OF DOCUMENT
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e d
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
LAND DIVISION - HAZARDOUS WASTE PROGRAM
CHAPTER 335-14-1
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
TABLE OF CONTENTS
335-14-1-.O1 General
335-14-1-.02 Definitions and References
335-14-1-.03 Petitions for Equivalent Testing or Analytical Methods for
Del isting
335-14-1-.O1 General
(1) Purpose, scope. applicability, citations, and submissions .
(a) This Chapter provides definitions of terms, general standards, and overview
information applicable to 335-14-1 through 335-14-6 and 335-14-9.
(b) In this Chapter:
1. 335-14-1-.O1(2) sets forth the rules that EPA and ADEM will use in making
information they receive available to the public and sets forth the requirements
that generators, transporters, or owners or operators of treatment, storage or
disposal facilities must follow to assert claims of business confidentiality with
respect to information that is submitted to EPA and ADEM under 335-14-1
through 335-14-6 and 335-14-9.
2. 335-14-1-.O1(3) establishes rules of grammatical construction for 335-14-1
through 335-14-6 and 335-14-9.
3. 14. k.Q2U) defines terms which are used in 335-14-1 through 335-14-6
and 335-14-9.
4. 335-14-1-03(1) establishes procedures for petitioning ADEM and EPA to
amend, modify, or revoke any provision of 335-14-1 through 335-14-6 and
335-14-9 and establishes procedures for governing ADEM action on such
petitions.
5. 335-14-1-03(1) establishes procedures for petitioning ADEM to approve
testing methods as equivalent to those prescribed in 335-14-2, 335-14-5, or
335-14-6.
6. 335-14-1-.03(2) establishes procedures for petitioning ADEM to amend Rule
335-14-2-04 to exclude a waste from a particular facility.
7. 335-14-1-03(3) establishes procedures for petitioning ADEM to include a
waste in 335-14-11.
NOTE: Generators cannot petition ADEM under Rules 335-14-1-.03 and 335-
14-1 1-.07 until the State has received authorization from EPA for this revision
of the State’s base program.
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(c) Unless specified otherwise by citation to the Code of Federal Regulations (CFR) or
other authority, all citations to Divisions, Rules, paragraphs, and subparagraphs
are to the Alabama Department of Environmental Management Administrative
Code.
(d) Unless specified otherwise in this Division, reports, notices, permit applications
and all other submissions required by this Division shall be addressed to the
following:
1. If such submission is to the Director,
Mail:
Director
Alabama Department of Environmental Management
P. 0. Box 301463
Montgomery, AL 36130-1463
Hand Delivery:
Director
Alabama Department of Environmental Management
1751 Cong. W. L. Dickinson Drive
Montgomery, AL 36109-2608
2. If such submission is to the Department,
Mail:
Chief, Land Division
Alabama Department of Environmental Management
P. 0. Box 301463
Montgomery, AL 36130-1463
Hand Delivery:
Chief, Land Division
Alabama Department of Environmental Management
1751 Cong. W. L. Dickinson Drive
Montgomery, AL 36109-2608
(e) Certain submissions required by this Division (335-14) involve the practice of
engineering and/or land surveying, as those terms are defined in Code of Alabama
1975, as amended, § 34-li-i to 34-11-37; and/or the practice of geology, as that
term is defined in Code of Alabama 1975 , as amended, § 34-41-1 to 34-41-24. It
is the responsibility of any person preparing or submitting such submissions to
ensure compliance with these laws and any regulations promulgated thereunder, as
may be required by the State Board of Registration for Professional Engineers and
Land Surveyors and/or the Alabama Board of Licensure for Professional
Geologists. All submissions, or parts thereof, which are required by State law to
be prepared by a licensed engineer, land surveyor, or geologist, must include the
engineer’s, land surveyor’s, and/or geologist’s signature and/or seal, as required
by the applicable licensure laws.
(2) Availability of information; confidentiality of information .
(a) Any information provided to EPA under Parts 260 through 265 and 268 of 40 CFR
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will be made available to the public to the extent and in the manner authorized by
the Freedom of Information Act, 5 U.S.C. Section 552, Section 3007(b) of RCRA
and EPA regulations implementing the Freedom of Information Act and Section
3007(b), Part 2 of 40 CFR, as applicable. Any information provided to ADEM
under chapters 335-14-1 through 335-14-6 and 335-14-9 will be made available to
the public to the extent and in the manner authorized by the ADEM Administrative
Code Rule 335-1-1-.06.
(b) Any person who submits information to EPA in accordance with Parts 260 through
266 and 268 of 40 CFR may assert a claim of business confidentiality covering part
or all of that information by following the procedures set forth in § 2.203(b) of 40
CFR. Information covered by such a claim will be disclosed by EPA only to the
extent, and by means of the procedures, set forth in Part 2, Subpart B, of 40 CFR
except that information required by § 262.53(a) and § 262.83 that is submitted in
notification of intent to export a hazardous waste will be provided to the
Department of State and the appropriate authorities in a receiving country
regardless of any claims of confidentiality. However, if no such claim
accompanies the information when it is received by EPA, it may be made available
to the public without further notice to the person submitting it. Any person who
submits information to ADEM in accordance with 335-14-1 through 335-14-7 and
335-14-9 may assert a claim of business confidentiality in accordance with the
ADEM Administrative Code Rule 335-1-1-.06.
(3) Use of number and gender . As used in Division 14:
(a) Words in the masculine gender also include the feminine and neuter genders; and
(b) Words in the singular include the plural; and
(c) Words in the plural include the singular.
Author: Stephen C. Maurer; Michael B. Jones; Amy P. Zachry; Stephen A. Cobb.
Statutory Authority: Code of Alabama 1975, § 22-30-11.
History: April 9, 1986;
Amended: February 15, 1988; August 24, 1989; January 5, 1995; January 12, 1996; March
28, 1997; March 27, 1998; April 2, 1999.
335-14-l-.02 Definitions and References 4t) C K 2Jc0 .10
(1) Definitions . The following definitions describe the meanings of certain terms used in
this Division, unless a different meaning clearly appears from the context or unless a
different meaning is stated in a definition applicable only to a particular chapter within
this Division. Additional terms may also be defined in individual chapters. When
used in Chapters 335-14-1 through 335-14-9, the following terms, appearing in
alphabetical order, have the meanings given below (unless otherwise indicated):
“Aboveground tank” means a device meeting the definition of “tank” in this Rule and
that is situated in such a way that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and the entire surface area of the
tank (including the tank bottom) is able to be visually inspected.
“Active life” of a facility means the period from the initial receipt of hazardous waste
at the facility until the Department receives certification of final closure.
“Active portion” means that portion of a facility where treatment, storage, or disposal
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operations are being or have been conducted after November 19, 1980 and which is not
a closed portion. (See also “closed portion” and “inactive portion”.)
“ADEM” means the Alabama Department of Environmental Management as
established by Code of Alabama 1975, § 22-22A-4.
“Administrator” means the Administrator of EPA or his designee.
“AHWMMA” means the Alabama Hazardous Wastes Management and Minimization
Act of 1978, as amended, Code of Alabama 1975, § 22-30-1 et seq .
“Ancillary equipment” means any device including, but not limited to, such devices as
piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control
the flow of hazardous waste from its point of generation to a storage or treatment tank
(s), between hazardous waste storage and treatment tanks to a point of disposal onsite,
or to a point of shipment for disposal off-site.
“Aquifer” means a geologic formation, group of formations or part of a formation
capable of yielding a significant amount of groundwater to wells or springs.
“Authorized representative” means the person responsible for the overall operation of a
facility or an operational unit (i.e., part of a facility), e.g., the plant manager,
superintendent, or person of equivalent responsibility.
“Battery” means a device consisting of one or more electrically connected
electrochemical cells which is designed to receive, store, and deliver electric energy.
An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte,
plus such connections (electrical and mechanical) as may be needed to allow the cell to
deliver or receive electrical energy. The term battery also includes an intact, unbroken
battery from which the electrolyte has been removed.
“Boiler” means an enclosed device using controlled flame combustion and having the
following characteristics:
1. (i) The unit must have physical provisions for recovering and exporting thermal
energy in the form of steam, heated fluids, or heated gases; and
(ii) The unit’s combustion chamber and primary energy recovery section(s) must
be of integral design. To be of integral design, the combustion chamber and
the primary energy recovery section(s) (such as waterwalls and superheaters)
must be physically formed into one manufactured or assembled unit. A unit in
which the combustion chamber and the primary energy recovery section(s) are
joined only by ducts or connections carrying flue gas is not integrally
designed; however, secondary energy recovery equipment (such as
economizers or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they are
not of integral design: process heaters (units that transfer energy directly to a
process stream) and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered energy
compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75 percent of the recovered energy,
calculated on an annual basis. In this calculation, no credit shall be given for
recovered heat used internally in the same unit. (Examples of internal use are
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the preheating of fuel or combustion air and the driving of induced or forced
draft fans or feedwater pumps); or
2. The unit is one which the Department has determined, on a case-by-case basis, to
be a boiler, after consideration of the standards in 335-14-1-.03(12).
“Carbon regeneration unit” means any enclosed thermal treatment device used to
regenerate spent activated carbon.
“Certification” means a statement of professional opinion based upon knowledge and
belief.
“Closed portion” means that portion of a facility which an owner or operator has
closed in accordance with the approved facility closure plan and all applicable closure
requirements. (See also “active portion” and “inactive portion”.)
“Commission” means the Alabama Environmental Management Commission as
established by Code of Alabama 1975, § 22-22A-6.
“Component” means either the tank or ancillary equipment of a tank system.
“Confined aquifer” means an aquifer bounded above and below by impermeable beds
or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer
containing confined groundwater.
“Container” means any portable device in which a material is stored, transported,
treated, disposed of, or otherwise handled.
“Containment building” means a hazardous waste management unit that is used to store
or treat hazardous waste under the provisions of Rules 335-14-5-.30 or 335-14-6-.30.
“Contingency plan” means a document setting out an organized, planned, and
coordinated course of action to be followed in case of a fire, explosion, or release of
hazardous wastes or hazardous waste constituents which could threaten human health
or the environment.
“Corrective action management unit” or CAMU means an area within a facility that is
designated by the Director under Rule 335-14-5-. 19 for the purpose of implementing
corrective action requirements under Rule 335-14-5-06(12), § 22-30-19 et seq., Code
of Alabama 1975 and/or RCRA Section 3008(h). A CAMU shall only be used for the
management of remediation wastes pursuant to implementing such corrective action
requirements at the facility.
[ Note: All regulated units included in a CAMU remain subject to all applicable
requirements, including but not limited to, the requirements of Rules 335-14-5-.06,
335-14-5-.07 and 335-14-5-.08, Chapter 335-14-8, and the unit specific requirements
of Chapters 335-14-5 and 335-14-6 that applied to the units prior to their incorporation
into the CAMU. See Rule 335-14-5-. 19(l)(b).]
“Corrosion expert” means a person who, by reason of his knowledge of the physical
sciences and the principles of engineering and mathematics, acquired by a professional
education and related practical experience, is qualified to engage in the practice of
corrosion control on buried or submerged metal piping systems and metal tanks. Such
a person must be certified as being qualified by the National Association of Corrosion
Engineers (NACE) or be a registered professional engineer who has certification or
licensing that includes education and experience in corrosion control on buried or
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submerged metal piping systems and metal tanks.
“Department” means the Alabama Department of Environmental Management as
established by Code of Alabama 1975, § 22-22A-4.
“Designated facility” means a hazardous waste treatment, storage, or disposal facility
which [ 1] has received a permit (or interim status) in accordance with the requirements
of 40 CFR, Parts 270 and 124, [ 2] has received a permit (or interim status) from the
State of Alabama in accordance with Chapter 335-14-8; or [ 3] is regulated under 335-
14-2-.01(6)(c)2. or Rule 335-14-7-.06, and [ 4] that has been designated on the manifest
by the generator pursuant to 335-14-3-.02(1). If a waste is destined to a facility in an
authorized State which has not yet obtained authorization to regulate that particular
waste as hazardous, then the designated facility must be a facility allowed by the
receiving State to accept such waste.
“Destination facility” means a facility that treats, disposes of, or recycles a particular
category of universal waste, except those management activities described in 335-14-
I 1-.02(4)(a) and (c) and 335-14-1 l-.03(4)(a) and (c). A facility at which a particular
category of universal waste is only accumulated, is not a destination facility for
purposes of managing that category of universal waste.
“Dike” means an embankment or ridge of either natural or man-made materials used to
prevent the movement of liquids, sludges, solids, or other materials.
“Director” means the Director of the Department, appointed pursuant to Code of
Alabama 1975, § 22-22A-4, or his designee.
“Discharge” or “hazardous waste discharge” means the accidental or intentional
spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous
waste into or on any land or water.
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any hazardous waste into or on any land or water so that such hazardous
waste or any constituent thereof may enter the environment or be emitted into the air
or discharged into any waters including groundwaters.
“Disposal facility” means a disposal site. The term disposal facility does not include a
corrective action management unit into which remediation wastes are placed but does
include all hazardous waste management units within a corrective action management
unit.
“Disposal site” means the location where any ultimate disposal of hazardous waste
occurs.
“Drip pad” is an engineered structure consisting of a curbed, free-draining base,
constructed of non-earthen materials and designed to convey preservative kick-back or
drippage from treated wood, precipitation, and surface water run-on to an associated
collection system at wood preserving plants.
“Elementary neutralization unit” means a device which:
1. Is used for neutralizing wastes that are hazardous only because they exhibit the
corrosivity characteristic defined in 335-14-2-.03(3), or they are listed in Rule 335-
14-2-.04 only for this reason; and
2. Meets the definition of a tank, tank system, container, transport vehicle, or vessel
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in this paragraph.
“Engineer” means a person registered as a professional engineer with the State of
Alabama Board of Registration for Professional Engineers and Land Surveyors and
practicing under the Rules of Professional Conduct, specifically Canon II.
“EPA” means the United States Environmental Protection Agency.
“EPA hazardous waste number” means the number assigned by EPA and the
Department to each hazardous waste listed in Rule 335-14-2-.04 and to each
characteristic identified in Rule 335-14-2-.03.
“EPA identification number” means the number assigned by EPA or the Department to
each generator, transporter, and treatment, storage or disposal facility.
“Equivalent method” means any testing or analytical method approved by the
Department under 335-14-l-.03(1).
“Existing hazardous waste management (HWM) facility” or “existing facility” means a
facility which was in operation or for which construction commenced on or before
November 19, 1980. A facility had commenced construction if:
1. The owner or operator had obtained the Federal, State, and local approvals or
permits necessary to begin actual construction; and
2. Either
(i) a continuous on-site physical construction program had begun; or
(ii) the owner or operator had entered into contractual obligations which could not
be canceled or modified without substantial loss for physical construction of
the facility to be completed within a reasonable time.
“Existing portion” means that land surface area of an existing waste management unit,
included in the original Part A permit application, on which wastes have been placed
prior to the issuance of a permit.
“Existing tank system” or “existing component” means a tank system or component
that is used for the storage or treatment of hazardous waste and that is in operation, or
for which installation has commenced on or prior to July 14, 1986. Installation will be
considered to have commenced if the owner or operator has obtained all Federal, State,
and local approvals or permits necessary to begin physical construction of the site or
installation of the tank system and if either:
1. A continuous On-site physical construction or installation program has begun; or
2. The owner or operator has entered into contractual obligations - which cannot be
canceled or modified without substantial loss - for physical construction of the site
or installation of the tank system to be completed within a reasonable time.
“Explosives or munitions emergency” means a situation involving the suspected or
detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives
or munitions, an improvised explosive device (lED), other potentially harmful military
chemical munitions or device, that creates an actual or potential imminent threat to
human health, including safety, or the environment, including property, as determined
by an explosives or munitions emergency response specialist. Such situations may
require immediate and expeditious action by an explosives or munitions emergency
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response specialist to control, mitigate, or eliminate the threat.
“Explosives or munitions emergency response” means all immediate response activities
by an explosives and munitions emergency response specialist to control, mitigate, or
eliminate the actual or potential threat encountered during an explosives or munitions
emergency. An explosives or munitions emergency response may include in-place
render-safe procedures, treatment or destruction of the explosives or munitions and/or
transporting those items to another location to be rendered safe, treated, or destroyed.
Any reasonable delay in the completion of an explosives or munitions emergency
response caused by a necessary, unforeseen, or uncontrollable circumstance will not
terminate the explosives or munitions emergency. Explosives and munitions
emergency responses can occur on either public or private lands and are not limited to
responses at RCRA facilities.
“Explosives or munitions emergency response specialist” means an individual trained
in chemical or conventional munitions or explosives handling, transportation, render-
safe procedures, or destruction techniques. Explosives or munitions emergency
response specialists include Department of Defense (DOD) emergency explosive
ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or
contractor personnel; and other Federal, State, or local government, or civilian
personnel similarly trained in explosives or munitions emergency responses.
“Facility” means:
1. All contiguous land, and structures, other appurtenances, and improvements on the
land, used for treating, storing, or disposing of hazardous waste. A facility may
consist of several treatment, storage, or disposal operational units (e.g., one or
more landfills, surface impoundments, or combinations of them).
2. For the purpose of implementing corrective action under 335-1 4-5-.06( 12), all
contiguous property under the control of the owner or operator seeking a permit
under Chapter 30 of Title 22, Code of Alabama 1975 (AHWMMA). This
definition also applies to facilities implementing corrective action under § 22-30-19
et seq., Code of Alabama 1975 and/or RCRA Section 3008(h).
“Facility owner” means a person who owns a facility. In most cases, this will be the
“operator” or the “owner”.
“Federal, State and local approvals or permits necessary to begin physical
construction” means permits and approvals required under Federal, State, or local
hazardous waste control statutes, regulations, or ordinances.
“Final closure” means the closure of all hazardous waste management units at the
facility in accordance with all applicable closure requirements so that hazardous waste
management activities under Chapters 335-14-5 and 335-14-6 are no longer conducted
at the facility unless subject to the provisions in 335-14-3-.03(5).
“Food-chain crops” means tobacco, crops grown for human consumption, and crops
grown for feed for animals whose products are consumed by humans.
“Freeboard” means the vertical distance between the top of a tank or surface
impoundment dike and the surface of the waste contained therein.
“Free liquids” means liquids which readily separate from the solid portion of a waste
under ambient temperature and pressure.
“Generator” means any person, by individual generation site, whose act or process
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produces hazardous waste identified or listed in Chapter 335-14-2 or whose act first
causes a hazardous waste to become subject to regulation.
“Geologist” means a person who holds a license as a professional geologist under the
Alabama Professional Geologist Licensing Act.
“Groundwater” means water below the land surface in a zone of saturation.
“Hazardous waste” means a hazardous waste as defined in
“Hazardous waste constituent” means a constituent that caused the Department to list
the hazardous waste in Rule 335-14-2-.04 or a constituent listed in Table 1 of 335-14-
2-.03(5).
“Hazardous waste management unit” is a contiguous area of land on or in which
hazardous waste is placed, or the largest area in which there is significant likelihood of
mixing hazardous waste constituents in the same area. Examples of hazardous waste
management units include a surface impoundment, a waste pile, a land treatment area,
a landfill cell, an incinerator, a tank and its associated piping and underlying
containment system, and a container storage area. A container alone does not
constitute a unit; the unit includes containers and the land or pad upon which they are
placed.
“Inactive portion” means that portion of a facility which is not operated after
November 19, 1980. (See also “active portion” and “closed portion”.)
“Incinerator” means any enclosed device that:
1. Uses controlled flame combustion and neither meets the criteria for classification as
a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial
furnace; or
2. Meets the definition of infrared incinerator or plasma arc incinerator.
“Incompatible waste” means a hazardous waste which is unsuitable for:
1. Placement in a particular device or facility because it may cause corrosion or decay
of containment materials (e.g. container inner liners or tank walls); or
2. Commingling with another waste or material under uncontrolled conditions because
the commingling might produce heat or pressure, fire or explosion, violent
reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases. (See
335-14-6-Appendix V for examples).
“Individual generation site” means the contiguous site at or on which one or more
hazardous wastes are generated. An individual generation site, such as a large
manufacturing plant, may have one or more sources of hazardous waste but is
considered a single or individual generation site if the site or property is contiguous.
“Industrial furnace” means any of the following enclosed devices that are integral
components of manufacturing processes and that use thermal treatment to accomplish
recovery of materials or energy:
1. Cement kilns;
2. Lime kilns;
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3. Aggregate kilns;
4. Phosphate kilns;
5. Coke ovens;
6. Blast furnaces;
7. Smelting, melting and refining furnaces (including pyrometallurgical devices such
as cupolas, reverberator furnaces, sintering machines, roasters, and foundry
furnaces);
8. Titanium dioxide chloride process oxidation reactors;
9. Methane reforming furnaces;
10. Pulping liquor recovery furnaces;
11. Combustion devices used in the recovery of sulfur values from spent sulfuric acid;
and
12. Halogen acid furnaces (HAFs) for the production of acid from halogenated
hazardous waste generated by chemical production facilities where the furnace is
located on the site of a chemical production facility, the acid product has a halogen
acid content of at least 3 percent, the acid product is used in a manufacturing
process, and, except for hazardous waste burned as fuel, hazardous waste fed to
the furnace has a minimum halogen content of 20 percent as-generated.
13. Such other devices as the Department may, after notice and comment, add to this
list on the basis of one or more of the following factors:
(i) The design and use of the device primarily to accomplish recovery of material
products;
(ii) The use of the device to burn or reduce raw materials to make a material
product;
(iii) The use of the device to burn or reduce secondary materials as effective
substitutes for raw materials, in processes using raw materials as principal
feedstocks;
(iv) The use of the device to burn or reduce secondary materials as ingredients in
an industrial process to make a material product;
(v) The use of the device in common industrial practice to produce a material
product; and
(vi) Other factors, as appropriate.
“Infrared incinerator” means any enclosed device that uses electric powered resistance
heaters as a source of radiant heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
“In operation” refers to a facility which is treating, storing, or disposing of hazardous
waste.
“Inground tank” means a device meeting the definition of “tank” in this Rule whereby
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a portion of the tank wall is situated to any degree within the ground, thereby
preventing visual inspection of that external surface area of the tank that is in the
ground.
“Injection well” means a bored, drilled, or driven shaft or dug hole which is used for
the injection of pollutants. (See also “underground injection”.)
“Inner liner” means a continuous layer of material placed inside a tank or container
which protects the construction materials of the tank or container from the contained
waste or reagents used to treat the waste.
“Installation inspector” means a person who, by reason of his knowledge of the
physical sciences and the principles of engineering, acquired by a professional
education and related practical experience, is qualified to supervise the installation of
tank systems.
“International shipment” means the transportation of hazardous waste into or out of the
jurisdiction of the United States.
“Land Surveyor” means a person registered as a Land Surveyor with the State of
Alabama Board of Registration for Professional Engineers and Surveyors and
practicing under the Rules of Professional Conduct (Code of Ethics).
“Land treatment facility” means a facility or part of a facility at which hazardous waste
is applied onto or incorporated into the soil surface; such facilities are disposal
facilities if the waste will remain after closure.
“Landfill” means a disposal facility or part of a facility where hazardous waste is
placed in or on land and which is not a pile, a land treatment facility, a surface
impoundment, an underground injection well, a salt dome formation, a salt bed
formation, an underground mine, a cave or a corrective action management unit.
“Landfill cell” means a discrete volume of a hazardous waste landfill which uses a
liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill
cells are trenches and pits.
“Leachate” means any liquid, including any suspended components in the liquid, that
has percolated through or drained from hazardous waste.
“Leak-detection system” means a system capable of detecting the failure of either the
primary or secondary containment structure or the presence of a release of hazardous
waste or accumulated liquid in the secondary containment structure. Such a system
must employ operational controls (e.g., daily visual inspections for releases into the
secondary containment system of aboveground tanks) or consist of an interstitial
monitoring device designed to detect continuously and automatically the failure of the
primary or secondary containment structure or the presence of a release of hazardous
waste into the secondary containment structure.
“Liner” means a continuous layer of natural or man-made materials, beneath or on the
sides of a surface impoundment, waste pile, landfill, or landfill cell, which restricts the
downward or lateral escape of hazardous waste, hazardous waste constituents, or
leachate.
“Management” or “hazardous waste management” means the systematic control of the
collection, source separation, storage, transportation, processing, treatment, recovery,
and disposal of hazardous waste.
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“Manifest” means the form adopted by the Department used for identifying the
quantity, composition, origin, routing and destination of hazardous waste during its
transportation from the point of generation to the point of disposal, treatment or
storage.
“Manifest document number” means the EPA twelve digit identification number
assigned to the generator plus a unique five digit document number assigned to the
manifest by the generator for recording and reporting purposes.
“Mercury-containing lamp” is an electric lamp in which mercury is purposely
introduced by the manufacturer for the operation of the lamp.
“Military munitions” means all ammunition products and components produced or
used by or for the US Department of Defense or the US Armed Services for national
defense and security, including military munitions under the control of the Department
of Defense, the US Coast Guard, the US Department of Energy (DOE), and National
Guard personnel. The term military munitions includes: confined gaseous, liquid, and
solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes,
and incendiaries used by DOD components, including bulk explosives and chemical
warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs,
warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades,
mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges,
and devices and components thereof. Military munitions do not include wholly inert
items, improvised explosive devices, and nuclear weapons, nuclear devices and nuclear
components thereof. However, the term does include non-nuclear components of
nuclear devises, managed under DOE’s nuclear weapons program after all required
sanitization operations under the Atomic Energy Act of 1954, as amended, have been
completed.
“Mining overburden returned to the mine site” means any material overlaying an
economic mineral deposit which is removed to gain access to that deposit and is then
used for reclamation of a surface mine.
“Miscellaneous unit” means a hazardous waste management unit where hazardous
waste is treated, stored, or disposed of and that is not a container, tank, surface
impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace,
underground injection well with appropriate technical standards under 40 CFR Part
146, containment building, corrective action management unit, or unit eligible for a
research, development and demonstration permit under 335-14-8-.06(4).
“Movement” means that hazardous waste transported to a facility in an individual
vehicle.
“New hazardous waste management facility” or “new facility” means a facility which
began operation, or for which construction commenced after October 21, 1976.
“New tank system” or “new tank component” means a tank system or component that
will be used for the storage or treatment of hazardous waste and for which installation
has commenced after July 14, 1986; except, however, for purposes of 335-l4-5-.1O(4)
(g)2. and 335-14-6-1O(4)(g)2., a new tank system is one for which construction
commences after July 14, 1986. (See also “existing tank system”.)
“One-time shipment” means a unique waste received at a commercial hazardous waste
disposal facility which originated from a single generator and is not routinely produced
by that generator on a regularly recurring basis. Such waste would include, but would
not be limited to, lab packs. Other examples might include spill cleanups, or the
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removal of obsolete or out-dated commercial chemicals.
“Onground tank” means a device meeting the definition of “tank” in this Rule and that
is situated in such a way that the bottom of the tank is on the same level as the adjacent
surrounding surface so that the external tank bottom cannot be visually inspected.
“On-site” means the same or geographically contiguous property which may be divided
by public or private right-of-way, provided the entrance and exit between the
properties is at a cross-roads intersection, and access is by crossing as opposed to
going along the right-of-way. Non-contiguous properties owned by the same person
connected by a right-of-way which he controls and to which the public does not have
access, is also considered on-site property.
“Open burning” means the combustion of any material without the following
characteristics:
1. Control of combustion air to maintain adequate temperature for efficient
combustion;
2. Containment of the combustion-reaction in an enclosed device to provide sufficient
residence time and mixing for complete combustion; and
3. Control of emission of the gaseous combustion products.
“Operator” means the person responsible for the overall operation of a facility.
“Owner” means the person who owns in fee simple the property on which a facility or
part of a facility is sited.
“Partial closure” means the closure of a hazardous waste management unit in
accordance with the applicable closure requirements of Chapters 335-14-5 and 335-14-
6 at a facility that contains other active hazardous waste management units. For
example, partial closure may include the closure of a tank (including its associated
piping and underlying containment systems), landfill cell, surface impoundment, waste
pile, or other hazardous waste management unit, while other units of the same facility
continue to operate.
“Person” means any and all persons, natural or artificial, including, but not limited to
any individual, partnership, association, society, joint stock company, firm company,
corporation, institution, trust, estate, or other legal entity or other business
organization or any governmental entity, and any successor, representative, agent or
agency of the foregoing.
“Personnel” or “facility personnel” means all persons who work at, or oversee the
operations of, a hazardous waste facility, and whose actions or failure to act may result
in noncompliance with the requirements of Chapters 335-14-5 or 335-14-6.
“Pesticide” means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, or intended for use as a plant regulator,
defoliant, or desiccant, other than any article that:
1. Is a new animal drug under FFDCA section 201(w), or
2. Is an animal drug that has been determined by regulation of the Secretary of Health
and Human Services not to be a new animal drug, or
3. Is an animal feed under FFDCA section 20 1(x) that bears or contains any
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substances described by paragraph 1. or 2. of this definition.
“Pile” means any non-containerized accumulation of solid, nonflowing hazardous
waste that is used for treatment or storage and that is not a containment building.
“Plasma arc incinerator” means any enclosed device using a high intensity electrical
discharge or arc as a source of heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
“Point source” means any discernible, confined, and discrete conveyance, including,
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or vessel or other
floating craft, from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
“Privatized municipal waste treatment facility” means a facility which is operated to
treat domestic andlor industrial wastewaters from a municipality or industrial park and
which otherwise meets the definition of a POTW, but which is not publicly owned.
“Publicly owned treatment works” or “POTW” means any device or system used in
the treatment (including recycling and reclamation) of municipal sewage or industrial
wastes of a liquid nature which is owned by the State or municipality [ as defined by 33
U.S.C. § 1362(4)]. This definition includes sewers, pipes, or other conveyances only
if they convey wastewater to a POTW providing treatment.
“Qualified Groundwater Scientist” means a scientist or engineer who has received a
baccalaureate or post-graduate degree in the natural sciences or engineering, and has
sufficient training and experience in groundwater hydrology and related fields as may
be demonstrated by state registration, professional certifications, or completion of
accredited university courses that enable that individual to make sound professional
judgments regarding groundwater monitoring and contaminant fate and transport.
“RCRA” means the Federal Resource Conservation and Recovery Act of 1976, as
amended, (42 U.S.C. § 6901 et seq.) .
“Regional Administrator” means the Regional Administrator for the EPA Region in
which the facility is located, or his designee.
“Remediation waste” means all solid and hazardous wastes, and all media (including
groundwater, surface water, soils, and sediments) and debris, which contain listed
hazardous wastes or which themselves exhibit a hazardous waste characteristic, that are
managed for the purpose of implementing corrective action requirements under Rule
335-14-5-.06(12), § 22-30-19, et seq., Code of Alabama 1975 and/or RCRA Section
3008(h). For a given facility, remediation wastes may originate only from within the
facility boundary, but may include waste managed in implementing § 22-30-16 or 22-
30-19, Code of Alabama 1975 and/or RCRA Sections 3004(v) or 3008(h) for releases
beyond the facility boundary.
“Replacement unit” means a landfill, surface impoundment, or waste pile unit [ 1] from
which all or substantially all of the waste is removed, and [ 2] that is subsequently
reused to treat, store, or dispose of hazardous waste. “Replacement unit” does not
apply to a unit from which waste is removed during closure, if the subsequent reuse
solely involves the disposal of waste from that unit and other closing units or
corrective action areas at the facility in accordance with an approved closure plan or
EPA or State approved corrective action.
“Representative sample” means a sample of a universe or whole (e.g., waste pile,
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lagoon, groundwater) which can be expected to exhibit the average properties of the
universe or whole.
“Run-off” means any rainwater, leachate, or other liquid that drains over land from
any part of a facility.
“Run-on” means any rainwater, leachate, or other liquid that drains over land onto any
part of a facility.
“Saturated zone” or “zone of saturation” means that part of the earth’s crust in which
all voids are filled with water.
“Sludge” means any solid, semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water treatment plant, or air
pollution control facility, exclusive of the treated effluent from a wastewater treatment
plant.
“Sludge dryer” means any enclosed thermal treatment device that is used to dehydrate
sludge and that has a maximum total thermal input, excluding the heating value of the
sludge itself, of 2,500 Btu/lb. of sludge treated on a wet-weight basis.
“Small Quantity Generator” means a generator who generates less than 1000 kg of
hazardous waste in a calendar month.
“Solid waste” means a waste as defined by 335-14-2-01(2).
“Sorbent” means a material that is used to soak up free liquids by either adsorption or
absorption, or both. “Sorb” means to either adsorb or absorb, or both.
“Spill” means the unplanned, accidental, or unpermitted discharge, deposit, injection,
leaking, pumping, pouring, emitting, dumping, placing, or releasing of hazardous
wastes, or materials which when spilled become hazardous wastes, into or on the land,
the air, or the water.
“State” means any of the United States except the State of Alabama.
x “Storage” means the actual or intended containment of wastes, either on a temporary
basis or for a period of years, in such a manner as not to constitute disposal of such
wastes.
“Storage facility” means any facility or part of a facility at which hazardous waste is
placed in storage, exclusive of transfer facilities where waste is stored for ten days or
less and on-site storage by generators in compliance with 335-14-3-.03(5).
“Sump” means any pit or reservoir that meets the definition of tank and those
troughs/trenches connected to it that serve to collect hazardous waste for transport to
hazardous waste storage, treatment, or disposal facilities; except that as used in the
landfill, surface impoundment, and waste pile rules, “sump” means any lined pit or
reservoir that serves to collect liquids drained from a teachate collection and removal
system or leak detection system for subsequent removal from the system.
“Surface impoundment” or “impoundment” means a facility or part of a facility which
is a natural topographic depression, man-made excavation, or diked area formed
primarily of earthen materials (although it may be lined with man-made materials)
which is designed to hold an accumulation of liquid wastes or wastes containing free
liquids, and which is not an injection well. Examples of surface impoundments are
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holding, storage, settling, and aeration pits, ponds, and lagoons.
“Tank” means a stationary device, designed to contain an accumulation of hazardous
waste which is constructed primarily of non-earthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support.
“Tank system” means a hazardous waste storage or treatment tank and its associated
ancillary equipment and containment system.
“Thermal treatment” means the treatment of hazardous waste in a device which uses
elevated temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Examples of thermal
treatment processes are incineration, molten salt, pyrolysis, calcination, wet air
oxidation, and microwave discharge.
“Thermostat” means a temperature control device that contains metallic mercury in an
ampule attached to a bimetal sensing element, and mercury-containing ampules that
have been removed from these temperature control devices in compliance with the
requirements of Rules 335-14-1 1-.02(4)(c)2. or 335-14-1 1-.03(4)(c)2.
“Totally enclosed treatment facility” means a facility for the treatment of hazardous
waste which is directly connected to an industrial production process and which is
constructed and operated in a manner which prevents the release of any hazardous
waste or any constituent thereof into the environment during treatment. An example is
a pipe in which waste acid is neutralized. An owner or operator who removes
hazardous waste from a totally enclosed treatment system must comply with the
applicable standards set forth in Chapter 335-14-3 with respect to any hazardous waste
removed from the totally enclosed treatment facility. An owner or operator who
removes hazardous waste from a totally enclosed treatment facility may not reintroduce
the waste into the totally enclosed treatment facility unless the owner/operator has first
complied with the applicable standards and permit requirements set forth in Chapters
335-14-5, 335-14-6, 335-14-8, and 335-14-9.
“Trade secret” includes, but is not limited to, any formula, plan, pattern, process,
tool, mechanism, compound or procedure, as well as production data or compilation of
information, financial and marketing data, which is not patented, which is known only
to certain individuals within a commercial concern who are using it to fabricate,
produce or compound an article of trade or a service having commercial value, and
which gives its user an opportunity to obtain a business advantage over competitors
who do not know of it.
“Transfer facility” means any transportation related facility including loading docks,
parking areas, storage areas, and other similar areas where shipments of hazardous
waste are held during the normal course of transportation.
“Transportation” means the movement of wastes from the point of generation to any
intermediate transfer points, and finally to the disposal site.
“Transporter” means a person engaged in the off-site transportation of hazardous waste
by air, rail, highway, or water.
“Transport vehicle” means a motor vehicle or railcar used for the transportation of
cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a
separate transport vehicle.
“Treatability Study” means a study in which a hazardous waste is subjected to a
treatment process to determine: [ 1] Whether the waste is amenable to the treatment
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process, [ 2] what pretreatment (if any) is required, [ 3] the optimal process conditions
needed to achieve the desired treatment, [ 4] the efficiency of a treatment process for a
specific waste or wastes, or [ 5] the characteristics and volumes of residuals from a
particular treatment process. Also included in this definition for the purpose of 335-
14-2-.O1(4)(e) and (f) exemptions are liner compatibility, corrosion, and other material
compatibility studies and toxicological and health effects studies. A “treatability
study” is not a means to commercially treat or dispose of hazardous waste.
“Treatment” means any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or composition of
any hazardous waste so as to neutralize such waste, or so as to render such waste non-
hazardous, safer for transport, amenable for recovery, amenable for storage, or
reduced in volume. Such term includes any activity or processing designed to change
the physical form or chemical composition of hazardous waste so as to render it non-
hazardous.
“Treatment facility” means a location at which wastes are subjected to treatment, and
may include a facility where waste has been generated.
“Treatment zone” means a soil area of the unsaturated zone of a land treatment unit
within which hazardous constituents are degraded, transformed or immobilized.
“Underground injection” means the injection of pollutants through a bored, drilled or
driven shaft or dug hole.
“Underground tank” means a device meeting the definition of “tank” in this Rule
whose entire surface area is totally below the surface of and covered by the ground.
“Unfit-for-use tank system” means a tank system that has been determined through an
integrity assessment or other inspection to be no longer capable of storing or treating
hazardous waste without posing a threat of release of hazardous waste to the
environment.
“Universal Waste” means any of the following hazardous wastes that are managed
under the universal waste requirements of Chapter 335-14-11:
1. Batteries as described in 335-14-11-.O1(2);
2. Pesticides as described in 335-14-1 1-.O1(3);
3. Thermostats as described in 335-14-1 1-.O1(4); and
4. Mercury-containing lamps as described in 335-14-1 1-.O1(5).
“Universal Waste Handler”:
1. Means:
(i) A generator (as defined in 335-14-1-.02(1)) of universal waste; or
(ii) The owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
2. Does not mean:
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(i) A person who treats (except under the provisions of 335-14-11 -.02(4)(a) or (c)
and 335-14-1 1-.03(4)(a) or (c)), disposes of, or recycles universal waste; or
(ii) A person engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer facility.
“Universal Waste Transporter” means a person engaged in the off-site transportation of
universal waste by air, rail, highway, or water.
“Unsaturated zone” or “zone of aeration” means the zone between the land surface and
the water table.
“Uppermost aquifer” means the geologic formation nearest the natural ground surface
that is an aquifer, as well as lower aquifers that are hydraulically interconnected with
this aquifer within the facility’s property boundary.
“Used Oil” means any oil that has been refined from crude oil, or any synthetic oil,
that has been used and as a result of such use, is contaminated by physical or chemical
impurities.
“Vessel” means every description of watercraft, used or capable of being used as a
means of transportation on the water.
“Wastewater treatment unit” means a device which:
1. Is part of a wastewater treatment facility that is subject to regulation under either
Section 402 or 307(b) of the Clean Water Act; and
2. Receives and treats or stores an influent wastewater which is a hazardous waste as
defined in 335-14-2-.01(3), or that generates and accumulates a wastewater
treatment sludge that is a hazardous waste as defined in 335-14-2-.01(3), or treats
or stores a wastewater treatment sludge which is a hazardous waste as defined in
335-14-2-.01(3); and
3. Meets the definition of tank or tank system in Rule 335-14-1-.02.
“Waste” means any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations and from community activities,
including any material to be discarded by a generator, but such term does not include
solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows or industrial discharges which are point sources subject to
permits under 33 U.S.C. § 1342 or source, special nuclear or by-product material as
defined by the Atomic Energy Act of 1954.
“Water (bulk shipment)” means the bulk transportation of hazardous waste which is
loaded or carried on board a vessel without containers or labels.
“Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical
form, and often walled with bricks or tubing to prevent the earth from caving in.
“Well injection” means “underground injection”.
“Zone of engineering control” means an area under the control of the owner/operator
that, upon detection of a hazardous waste release, can be readily cleaned up prior to
the release of hazardous waste or hazardous constituents to groundwater or surface
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water.
(2) References .
The Environmental Protection Agency Regulations as they exist in 40 CFR, Section
260.11, as of July 1, 1997, are incorporated herein by reference.
A list of the publications and analytical testing methods incorporated by reference are
available for purchase (at 40 cents a page) and inspection at the Department’s offices at
1751 Cong. W. L. Dickinson Drive, Montgomery, Alabama 36109-2608.
Author: Stephen C. Maurer; Stephen A. Cobb; Steven 0. Jenkins; Robert W. Barr; C. Edwin
Johnston.
Statutory Authority: Code of Alabama 1975, § 22-30-3 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; February 15, 1988; August 24, 1989;
December 6, 1990; April 2, 1991; January 25, 1992; January 1, 1993; January 5, 1995;
January 12, 1996; March 28, 1997; March 27, 1998; April 2, 1999.
35-14-l-.03 Petitions for Equivalent Testing or Analytical Methods for Delisting
(1) Petitions for equivalent testing or analytical methods .
(a) Any person seeking to add a testing or analytical method to Chapters 335-14-2,
335-14-5 or 335-14-6 may petition for such addition under this paragraph. To be
successful the person must demonstrate to the satisfaction of the Director that the
proposed method is equal to or superior to the corresponding method prescribed in
Chapters 335-14-2, 335-14-5 or 335-14-6, in terms of its sensitivity, accuracy, and
precision (i.e., reproducibility).
(b) Each petition must be submitted to the Department by certified mail and must
include:
1. The petitioner’s name and address;
2. A statement of the petitioner’s interest in the proposed action;
3. A statement of the need and justification for the proposed action;
4. A full description of the proposed method, including all procedural steps and
equipment used in the method;
5. A description of the types of waste or waste matrices for which the proposed
method may be used;
6. Comparative results obtained from using the proposed method with those
obtained from using the relevant or corresponding methods prescribed in
Chapters 335-14-2, 335-14-5 or 335-14-6;
7. An assessment of any factors which may interfere with, or limit the use of, the
proposed method;
8. A description of the quality control procedures necessary to ensure the
sensitivity, accuracy, and precision of the proposed method; and
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9. A copy of the Federal Register notice indicating that EPA has added the testing
or analytical method to 40 CFR Parts 261, 264 or 265.
(c) After receiving a petition for an equivalent method, the Department may request
any additional information on the proposed method which it may reasonably
require to evaluate the method.
(d) If the Director determines to permit use of a new testing method, the applicant will
be notified and allowed to use the method pending the next revision of Division 14.
When Division 14 is next amended after such a determination, the equivalent
method will be proposed to be added to the rules and will be treated as any other
rule amendment under Code of Alabama 1975, § 22-22A-8.
(2) Petitions to amend Chapter 335-14-2 to exclude a waste produced at a particular
facility (delisting) .
(a) Any person seeking to exclude a waste at a particular generating facility from the
lists in Rule 335-14-2-.04 may petition for such exclusion under this paragraph.
To be successful:
1. The petitioner must demonstrate to the satisfaction of the Director that the
waste produced by a particular generating facility does not meet any of the
criteria under which the waste was listed as a hazardous or an acutely
hazardous waste; and
2. Based on a complete application [ 335-14-1-.03(2)(i)], the Director must
determine, where he has a reasonable basis to believe that factors (including
additional constituents) other than those for which the waste was listed could
cause the waste to be a hazardous waste, that such factors do not warrant
retaining the waste as a hazardous waste. A waste which is so excluded,
however, still may be a hazardous waste by operation of Rule 335-l4-2-.03.
(b) The procedures in this paragraph and Rule may also be used to petition the
Director for a regulatory amendment to exclude from 335-14-2-.O1(3)(a)2.(ii) or
(c), a waste which is described in these subparagraphs and is either a waste listed
in Rule 335-14-2-.04 or is derived from a waste listed in Rule 335-14-2-.04. This
exclusion may only be issued for a particular generating, storage, treatment, or
disposal facility. The petitioner must make the same demonstration as required by
335-14-l-.03(2)(a). Where the waste is a mixture of solid waste and one or more
listed hazardous wastes or is derived from one or more hazardous wastes, his
demonstration must be made with respect to the waste mixture as a whole; analyses
must be conducted for not only those constituents for which the listed waste
contained in the mixture was listed as hazardous, but also for factors (including
additional constituents) that could cause the waste mixture to be a hazardous waste.
A waste which is so excluded may still be a hazardous waste by operation of Rule
335-14-2-.03.
(c) if the waste is listed with codes “1”, “C”, “R”, or “F in Rule 335-14-2-.04,
1. The petitioner must show that the waste does not exhibit the relevant
characteristic for which the waste was listed as defined in 335-14-2-.03(2), (3),
(4), or (5) using any applicable methods prescribed therein. The petitioner also
must show that the waste does not exhibit any of the other characteristics
defined in 335-14-2-.03(2), (3), (4), or (5) using any applicable methods
prescribed therein;
2. Based on a complete application, the Director must determine, where he has a
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reasonable basis to believe that factors (including additional constituents) other
than those for which the waste was listed could cause the waste to be hazardous
waste, that such factors do not warrant retaining the waste as a hazardous
waste. A waste which is so excluded, however, still may be a hazardous waste
by operation of Rule 335-14-2-.03;
(d) If the waste is listed with code “T” in Rule 335-14-2-.04,
1. The petitioner must demonstrate that the waste:
(I) Does not contain the constituent or constituents (as defined in Appendix
VII of Chapter 335-14-2) that caused the Department to list the waste,
using the appropriate test methods prescribed in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods”, EPA publication
SW-846, as incorporated by reference in Rule 335-14-1-.02(2); or
(ii) Although containing one or more of the hazardous constituents (as defined
in 335-14-2-Appendix VII) that caused the Department to list the waste,
does not meet the criterion of 335-14-2-.02(2)(a)3. when considering the
factors used by the Department in 335-14-2-.02(2)(a)3.(i) through (xi)
under which the waste was listed as hazardous; and
2. Based on a complete application, the Director must determine, where he has a
reasonable basis to believe that factors (including additional constituents) other
than those for which the waste was listed could cause the waste to be a
hazardous waste, that such factors do not warrant retaining the waste as a
hazardous waste; and
3. The petitioner must demonstrate that the waste does not exhibit any of the
characteristics defined in 335-14-2-.03(2), (3), (4), or (5) using any applicable
methods prescribed therein;
4. A waste which is so excluded, however, still may be a hazardous waste by
operation of Rule 335-14-2-.03.
(e) If the waste is listed with the code “H” in Rule 335-14-2-.04,
I. The petitioner must demonstrate that the waste does not meet the criterion of
335-14-2-.02(2)(a)2.; and
2. Based on a complete application, the Director must determine, where he has a
reasonable basis to believe that additional factors (including additional
constituents) other than those for which the waste was listed could cause the
waste to be a hazardous waste, that such factors do not warrant retaining the
waste as a hazardous waste; and
3. The petitioner must demonstrate that the waste does not exhibit any of the
characteristics defined in 335-14-2-.03(2), (3), (4), and (5) using any applicable
methods prescribed therein;
4. A waste which is so excluded, however, still may be a hazardous waste by
operation of Rule 335-14-2-.03.
(f) [ Reserved]
(g) [ Reserved]
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(h) Demonstration samples must consist of enough representative samples, but in no
case less than four samples, taken over a period of time sufficient to represent the
variability or the uniformity of the waste.
(i) Each petition must be submitted to the Department by certified mail and must
include:
1. The petitioner’s name and address;
2. A statement of the petitioner’s interest in the proposed action;
3. A statement of the need and justification for the proposed action;
4. The name and address of the laboratory facility performing the sampling or
tests of the waste;
5. The names and qualifications of the persons sampling and testing the waste;
6. The dates of sampling and testing;
7. The location of the generating facility;
8. A description of the manufacturing processes or other operations and feed
materials producing the waste and an assessment of whether such processes,
operations or feed materials can or might produce a waste that is not covered
by the demonstration;
9. A description of the waste and an estimate of the average and maximum
monthly and annual quantities of waste covered by the demonstration;
10. Pertinent data on and discussion of the factors delineated in the respective
criterion for listing a hazardous waste, where the demonstration is based on the
factors in 3 35-1 4-2-.02(2)(a)3.;
11. A description of the methodologies and equipment used to obtain the
representative samples;
12. A description of the sample handling and preparation techniques used for
extraction, containerization, and preservation of the samples;
13. A description of the tests performed (including results);
14. The names and model numbers of the instruments used in performing the tests;
and
15. The following statement signed by the generator of the waste:
“I certify under penalty of law that I have personally examined and am familiar
with the information submitted in this demonstration and all attached
documents, and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the submitted
information is true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including the possibility
of fine and imprisonment.”
(j) After receiving a petition for an exclusion, the Department may request any
additional information which it may reasonably require to evaluate the petition.
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This may include, but is not limited to, samples of the waste collected and analyzed
by the Department.
(k) An exclusion will only apply to the waste generated at the individual facility
covered by the demonstration and will not apply to waste from any other facility.
(I) The Director may exclude only part of the waste for which the demonstration is
submitted where he has reason to believe that variability of the waste justifies a
partial exclusion.
(m) The Department will evaluate the application and issue a draft notice tentatively
granting or denying the exclusion. Notification of the tentative decision will be
provided by a one-time publication of notice in a daily or weekly major local
newspaper of general circulation in the locality where the generator is located.
The Department will accept comment on the tentative decision for a minimum of
30 days and may hold a hearing at its discretion. The Director will issue a final
decision after the close of the comment period and hearing (if any).
(3) Petitions to amend Chapter 335-14-11 to include additional hazardous wastes .
(a) Any person seeking to add a hazardous waste or a category of hazardous waste to
the universal waste regulations of Chapter 335-14-11 may petition for a regulatory
amendment under this paragraph and 335-14-1 1-.07.
(b) To be successful, the petitioner must demonstrate to the satisfaction of the Director
that regulation under the universal waste regulations of Chapter 335-14-11 is
appropriate for the waste or category of waste and will improve implementation of
the hazardous waste program. Each petition must be submitted to the Department
by certified mail and must include:
1. The petitioner’s name and address;
2. A statement of the petitioner’s interest in the proposed action;
3. A description of the proposed action, including (where appropriate) suggested
regulatory language; and
4. A statement of the need and justification of the proposed action, including any
supporting tests, studies, or other information. The petition should also
address as many of the factors listed in 335-14-1 l-.07(2) as are appropriate for
the waste or category of waste addressed in the petition.
(c) The Director will grant or deny a petition using the factors listed in 335-14-11-.07
(2). The decision will be based on the weight of evidence showing that regulation
under Chapter 335-14-11 is appropriate for the waste or category of waste, will
improve management practices for the waste or category of waste, and will
improve implementation of the hazardous waste program.
(d) The Director may request additional information needed to evaluate the merits of
the petition.
(e) The Department will evaluate the application and issue a draft notice tentatively
granting or denying the addition of hazardous waste or category of hazardous waste
to the universal waste regulations of Chapter 335-14-11. Notification of the
tentative decision will be provided by a one-time publication of notice in a daily or
weekly major local newspaper of general circulation in the locality where the
generator is located. The Department will accept comment on the tentative
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decision for a minimum of 30 days and may hold a hearing at its discretion. The
Director will issue a final decision after the close of the comment period and
hearing (if any).
(4) through (9) [ Reserved ]
(10) Variances from classification as a solid waste .
In accordance with the standards and criteria in 335-14-1-.03(1 1 and the procedures in
335-14-1-03(13), the Department may determine on a case-by-case basis that the
following recycled materials are not solid wastes:
(a) Materials that are accumulated speculatively without sufficient amounts being
recycled (as defined in 335-14-2-.01(l)(c)8.);
(b) Materials that are reclaimed and then reused within the original production process
in which they were generated; or
(c) Materials that have been reclaimed but must be reclaimed further before the
materials are completely recovered.
(ii) Standards and criteria for variances from classification as a solid waste .
(a) The Director may grant requests for a variance from classifying as a solid waste
those materials that are accumulated speculatively without sufficient amounts being
recycled if the applicant demonstrates that sufficient amounts of the material will
be recycled or transferred for recycling in the following year. If a variance is
granted, it is valid only for the following year, but can be renewed, on an annual
basis, by filing a new application. The Director’s decision will be based on the
following criteria:
1. The manner in which the material is expected to be recycled, when the material
is expected to be recycled and whether this expected disposition is likely to
occur (for example, because of past practice, market factors, the nature of the
material or contractual arrangements for recycling);
2. The reason that the applicant has accumulated the material for one or more
years without recycling 75 percent of the volume accumulated at the beginning
of the year;
3. The quantity of material already accumulated and the quantity expected to be
generated and accumulated before the material is recycled;
4. The extent to which the material is handled to minimize loss; and
5. Other relevant factors.
(b) The Director may grant requests for a variance from classifying as a solid waste
those materials that are reclaimed and then reused as feedstock within the original
production process in which the materials were generated if the reclamation
operation is an essential part of the production process. This determination will be
based on the following criteria:
1. How economically viable the production process would be if it were to use
virgin materials, rather than reclaimed materials;
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2. The prevalence of the practice on an industry-wide basis;
3. The extent to which the material is handled before reclamation to minimize
loss;
4. The time periods between generating the material and its reclamation, and
between reclamation and return to the original primary production process;
5. The location of the reclamation operation in relation to the production process;
6. Whether the reclaimed material is used for the purpose for which it was
originally produced when it is returned to the original process, and whether it
is returned to the process in substantially its original form;
7. Whether the person who generates the material also reclaims it; and
8. Other relevant factors.
(c) The Director may grant requests for a variance from classifying as a solid waste
those materials that have been reclaimed but must be reclaimed further before
recovery is completed if, after initial reclamation, the resulting material is
commodity-like (even though it is not yet a commercial product, and has to be
reclaimed further). This determination will be based on the following factors:
1. The degree of processing the material has undergone and the degree of further
processing that is required;
2. The value of the material after it has been reclaimed;
3. The degree to which the reclaimed material is like an analogous raw material;
4. The extent to which an end market for the reclaimed material is guaranteed;
5. The extent to which the reclaimed material is handled to minimize loss; and
6. Other relevant factors.
(12) Variance to be classified as a boiler .
In accordance with the standards and criteria in 335-14-1-.02(1) (definition of
“boiler”), and the procedures in 335-1-.03(13), the Director may determine on a case-
by-case basis that certain enclosed devices using controlled flame combustion are
boilers, even though they do not otherwise meet the definition of a boiler contained in
335-14-1-02(1), after considering the following criteria:
(a) The extent to which the unit has provisions for recovering and exporting thermal
energy in the form of steam, heated fluids or heated gases; and
(b) The extent to which the combustion chamber and energy recovery equipment are of
integral design; and
(c) The efficiency of energy recovery, calculated in terms of the recovered energy
compared with the thermal value of the fuel; and
(d) The extent to which exported energy is utilized; and
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(e) The extent to which the device is in common and customary use as a “boiler”
functioning primarily to produce steam, heated fluids or heated gases; and
(f) Other factors as appropriate.
(13) Procedures for variances from classification as a solid waste or to be classified as a
boiler .
The Department will use the following procedures in evaluating applications for
variances from classification as a solid waste or applications to classify particular
enclosed flame combustion devices as boilers:
(a) An application addressing the relevant criteria contained in 335-14-1-.03(1 1) or
(12) shall be submitted as follows:
1. If both the generator and the recycler are within Alabama, to the Department;
2. If the generator is within Alabama and the recycler is outside Alabama, to the
Department and to the agency, if any, designated by the recycling state to
receive such applications. If the recycling state has not designated an agency
to handle such applications, application should be made to the Regional
Administrator of EPA in the region where the recycler is located;
3. If the generator is outside Alabama and the recycler is within Alabama, to the
Department.
(b) The Department will evaluate the application and issue a draft notice tentatively
granting or denying the application. Notification of the tentative decision will be
provided by newspaper advertisement or radio broadcast in the locality where the
recycler is located, if the recycler is within Alabama, or in the locality where the
generator is located, if the recycler is located outside Alabama. The Department
will accept comment on the tentative decision for 30 days, and may also hold a
public hearing upon request or at its discretion. The Director will issue a final
decision after receipt of comments and after the hearing (if any).
(14) through (19) [ Reserved ]
(20) Additional regulation of certain hazardous waste recycling activities on a case-by-case
basis.
(a) The Director may decide on a case-by-case basis that persons accumulating or
storing the recyclable materials described in 335-14-2-.O1(6)(a)2.(iv) should be
regulated under 335- 14-2-.01(6)(b) and (c). The basis for this decision is that the
materials are being accumulated or stored in a manner that does not protect human
health and the environment because the materials or their toxic constituents have
not been adequately contained, or because the materials being accumulated or
stored together are incompatible. In making this decision, the Director will
consider the following factors:
1. The types of materials accumulated or stored and the amounts accumulated or
stored;
2. The method of accumulation or storage;
3. The length of time the materials have been accumulated or stored before being
reclaimed;
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4. Whether any contaminants are being released into the environment, or are
likely to be so released; and
5. Other relevant factors.
(21) Procedures for case-by-case regulation of hazardous waste recycling activities .
The Director will use the following procedures when determining whether to regulate
hazardous waste recycling activities described in 335-14-2-.01(6)(a)2.(iv) under the
provisions of 335-14-2-.O1(6)(b) and (c), rather than under the provisions of Rule 335-
14-7-.06.
(a) If a generator is accumulating the waste, the Department will issue a notice setting
forth the factual basis for the decision and stating that the person must comply with
the applicable requirements of Rules 335-14-3-.01, 335-14-3-.03, 335-14-3-.04 and
335-14-3-.05. The notice will become final within 30 days, unless the person
served requests a public hearing to challenge the decision. Upon receiving such a
request, the Department will hold a public hearing. The Department will provide
notice of the hearing to the public and will allow public participation at the
hearing. The Director will issue a final order after the hearing stating whether or
not compliance with Chapter 335-14-3 is required.
The order becomes effective 30 days after service of the decision unless the
Department specifies a later date or unless review by the Commission is requested.
The order may be appealed to the Commission by any person who participated in
the public hearing. The Commission may choose to grant or to deny the appeal.
Final Department action occurs when a final order is issued and Department review
procedures are exhausted.
(b) If the person is accumulating the recyclable material as a storage facility, the notice
will state that the person must obtain a permit in accordance with all applicable
provisions of Chapter 335-14-8. The owner or operator of the facility must apply
for a permit within no less than 60 days and no more than six months of notice, as
specified in the notice. If the owner or operator of the facility wishes to challenge
the Director’s decision, he may do so in his permit application, in a public hearing
on the draft permit or in comments filed on the draft permit or on the notice of
intent to deny the permit. The fact sheet accompanying the permit will specify the
reasons for the Director’s determination.
Author: Stephen C. Maurer; C. Lynn Garthright; Michael Champion.
Statutory Authority: Code of Alabama 1975, § 22-30-9, 22-30-10, 22-30-11 and 22-30-12.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; February 15, 1988; August 24, 1989;
December 6, 1990; January 5, 1995; April 28, 1995; January 12, 1996; March 28, 1997;
March 27, 1998.
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ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
LAND DIVISION - HAZARDOUS WASTE PROGRAM
CHAPTER 335-14-2
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
TABLE OF CONTENTS
335-14-2-.01 General
335-14-2-.02 Criteria for Identifying the Characteristics of Hazardous Waste
and for Listing Hazardous Waste
335-14-2-.03 Characteristics of Hazardous Waste
335-14-2-.04 Lists of Hazardous Wastes
335-14-2-.05 [ Reserved]
335-14-2-.06 [ Reserved]
335-14-2-APPENDIX I Representative Sampling Methods
335-14-2-APPENDIX II Method 1311 Toxicity Characteristic Leaching Procedure
(TCLP)
335-14-2-APPENDIX III Chemical Analysis Test Methods
335-14-2-APPENDIX IV [ Reserved]
335-14-2-APPENDIX V [ Reserved]
335-14-2-APPENDIX VI [ Reserved]
335-14-2-APPENDIX VII Basis for Listing Hazardous Waste
335-14-2-APPENDIX VIII Hazardous Constituents
335-14-2-APPENDIX IX Wastes Excluded Under 335-14-1-.03(2)
335-14-2-APPENDIX X [ Reserved]
335-14-2-.0l General
(1) Purpose and scope .
(a) This Chapter identifies those solid wastes which are subject to regulation as
hazardous wastes under 335-14-3 through 335-14-6, 335-14-8, and 335-14-9 and
which are subject to the notification requirements of Section 3010 of RCRA. In
this Chapter:
1. Rule 335-14-2-.01 defines the terms “solid waste” and “hazardous waste”,
identifies those wastes which are excluded from regulation under 335-14-3
through 335-14-9, and establishes special management requirements for
hazardous waste produced by conditionally exempt small quantity generators
and hazardous waste which is recycled.
2. Rule 335-14-2-.02 sets forth the criteria used by the Department to identify
characteristics of hazardous waste and to list particular hazardous wastes.
3. Rule 335-14-2-.03 identifies characteristics of hazardous waste.
4. Rule 335-14-2-.04 lists particular hazardous wastes.
(b) 1. The definition of solid waste contained in this Chapter applies only to wastes
that also are hazardous for purposes of the AHWMMA. 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.
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2. This Chapter identifies only some of the materials which are solid wastes and
hazardous wastes under AHWMMA. A material which is not defined as a
solid waste in this Chapter, or is not a hazardous waste identified or listed in
this Chapter, is still a solid waste and a hazardous waste for purposes of the
applicable sections of the AHWMMA if the material may be a solid waste
within the meaning of Code of Alabama 1975, § 22-30-3(11), and a hazardous
waste within the meaning of Code of Alabama 1975, § 22-30-3(5).
(c) For the purposes of 335-14-2-.01(2) and (6): -jt c ç 2.U Ii
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. Examples include plates and groups and acid from spent
lead acid batteries;
2. “Sludge” has the same meaning used in 335-14-l-.02(l);
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 satisfS’ 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 managed in lined waste pile(s)
which meet(s) the requirements of Rule 335-14-5-. 12 or tank(s) or container(s)
as those terms are defined in this Division; 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
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of the period. Notwithstanding the preceding requirements, pulping liquors
(i.e., black liquor) subject to the exclusion provided by 335-14-2-.01(4)(a)6.
are not required to be managed in lined waste pile(s) which meet(s) the
requirements of Rule 335-14-5-. 12 or tank(s) or container(s) as those terms
are defined in this Division. 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
335-14-2-.01(4)(c) are not 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 (335-14-2-.Ol(4)(a)l3.).
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.
(2) Definition of solid waste . Q1’YL, l j
(a) 1. A solid waste is any discarded material that is not excluded by 335-14-2-.01(4)
(a) or that is not excluded by variance granted under 335-14-1-03(10) or (11).
2. A “discarded material” is any material which is:
(I) “Abandoned”, as explained in 335-14-2-.01(2)(b); or
(ii) “Recycled”, as explained in 335-14-2-.01(2)(c); or
(iii)Considered “inherently waste-like”, as explained in 335-14-2-.01(2)(d); or
(iv) A “military munition” identified as a solid waste in 335-14-7-. 13(3).
(b) Materials are solid wastes if they are “abandoned” by being:
1. Disposed of; or
2. Burned or incinerated; or
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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 335-14-2-.O1(2)(c)1. through 4.:
1. “Used in a manner constituting disposal”.
(I) Materials noted with a “““ in column 1 of Table 1 are solid wastes when
they are:
(I) Applied to or placed on the land in a manner that constitutes disposal;
or
(II) 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 335-14-2-.04(4) 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 I are solid wastes when
they are:
(I) Burned to recover energy;
(II) Used to produce a fuel or are otherwise contained in fuels (in which
cases the fuel itself remains a solid waste);
(III) Contained in fuels (in which case the fuel itself remains a solid
waste);
(ii) However, commercial chemical products listed in 335-14-2-.04(4) 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 335-14-2-.O1(4)(a)15.).
Materials noted with a “-“ in column 3 of Table 1 are not solid wastes when
reclaimed (except as provided under 335-14-2-.O1(4)(a)15.).
4. “Accumulated speculatively”. Materials noted with a “ in column 4 of
Table 1 are solid wastes when accumulated speculatively.
Table 1
Use constituting disposal 335-14-2-.0l(2)(c)l Energy!
recovely fuel 335- 14-2-.Ol(2)(c)2. Reclamation 335-14-2- 0l(2)(c)3. (except as provided in 335-14-2- 0l(4)(a)
15 For mineral processing secondaty materials) Speculative accumulation 335-14-2- 01 (2)(c)4.
1 2 3 4
Spent materials (5) ( 5) (5) (5)
Sludges (listed in 335- 14—2-.04(2) or (3)) (5) (5) () (5)
Sludges exhibiting a characteristic of hazardous waste ( 5) (5) - - - - (5)
By-products (listed in 335-14-2- 04(2) or (3)) (5) (5) (5) (5)
By-products exhibiting a characteristic of hazardous waste (5) () - - - - (5)
Commercial chemical products listed in 335-l4-2-.04(4) ( ) (5)
Scrap metal other than excluded scrap metal (See 335-14-2-.0I(1)(c)9.) () (5) (5) ()
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Note: The terms “spent materials”, “sludges”, “by-products”, “scrap
metal”, and “processed scrap metal” are defined in 335-14-2-.O1(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 Rules
335-14-2-.03 and 335-14-2-.04 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 Department will use the following criteria to add wastes to that list:
(i) (I) The materials are ordinarily disposed of, burned, or incinerated; or
(II) The materials contain toxic constituents listed in 335-14-2-Appendix
VIII 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 which are not solid wastes 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.
In cases where the materials are generated and reclaimed within the primary
mineral processing industry, the conditions of the exclusion found at 335-14-
2-.O1(4)(a)15. apply rather than this provision.
2. The following materials are solid wastes, even if the recycling involves
use, reuse, or return to the original process (described in 335-14-2-.O1(2)
(e)1.(i) to (e)l.(iii)):
(i) Materials used in a manner constituting disposal, or used to produce
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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 335-14-2-.OI(2)(d)1. and 2.
(t) “Documentation of claims that materials are not solid wastes or are conditionally
exempt from regulation.” Respondents in actions to enforce rules and regulations
implementing the AHWMMA 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.
(3) Definition of hazardous waste . Lpj (2f ? , t L(. ?>
(a) A solid waste, as defined in 335-14-2-.Ol(2), is a hazardous waste if:
1. It is not excluded from regulation as a hazardous waste under 335-14-2-.Ol(4)
(b); and
2. It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste identified in Rule
335-14-2-.03. However, any mixture of a waste from the extraction,
beneficiation, and processing of ores and minerals excluded under 335-14-
2-.O1(4)(b)7. and any other solid waste exhibiting a characteristic of
hazardous waste under Rule 335-14-2-.03 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 335-14-
2-.03(5) 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 Rule 335-14-2-.04 and has not been excluded from the lists in
Rule 335-14-2-.04 under 335-14-1-.03(2);
(iii) It is a mixture of a solid waste and a hazardous waste that is listed in Rule
335-14-2-.04 solely because it exhibits one or more of the characteristics of
hazardous waste identified in Rule 335-14-2-.03, unless the resultant
mixture no longer exhibits any characteristic of hazardous waste identified
in Rule 335-14-2-.03 or unless the solid waste is excluded from regulation
under 335-14-2-.O1(4)(b)7. and the resultant mixture no longer exhibits any
characteristic of hazardous waste identified in Rule 335-14-2-.03 for which
the hazardous waste listed in Rule 335-14-2-.04 was listed. (However,
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nonwastewater mixtures are still subject to the requirements of Chapter
335-14-9, even if they no longer exhibit a characteristic at the point of land
disposal).
(iv) It is a mixture of solid waste and one or more hazardous wastes listed in
Rule 335-14-2-.04 and has not been excluded from this paragraph under
335-14-1-.03(2); however, the following mixtures of solid wastes and
hazardous wastes listed in Rule 335-14-2-.04 are not hazardous wastes
(except by application of 335-14-2-.01(3)(a)2.(i) or (a)2.(ii)) 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 federal Clean Water Act (including wastewater at
facilities which have eliminated the discharge of wastewater) and:
(I) One or more of the following spent solvents listed in 335-14-2-.04
(2)--carbon tetrachloride, tetrachloroethylene, trichioroethylene--
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 one part per million; or
(II) One or more of the following spent solvents listed in 335-l4-2-.04
(2)--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
(III) One of the following wastes listed in 335-14-2-.04(3), 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 (Hazardous Waste
Number K050), crude oil storage tank sediment from petroleum
refining operations (EPA Hazardous Waste Number K169), clarified
slurry oil tank sediment and/or in-line filter/separation solids from
petroleum refining operations (EPA Hazardous Waste Number
K170), spent hydrotreating catalyst (EPA Hazardous Waste Number
K171), and spent hydrorefining catalyst (EPA Hazardous Waste
Number K172); or
( IV) A discarded commercial chemical product, or chemical intermediate
listed in 335-14-2-.04(4), 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 subparagraph, “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
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rinsing; or
(V) Wastewater resulting from laboratory operations containing toxic (‘1’)
wastes listed in Rule 335-14-2-.04, 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 pretreatment 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
pretreatment facility. Toxic (1’) wastes used in laboratories that are
demonstrated not to be discharged to wastewater are not to be
included in this calculation; or
(VI) One or more of the following wastes listed in Rule 335-14-2-04(3)--
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
(VII) Wastewaters derived from the treatment of one of more of the
following wastes listed in Rule 335-14-2-.04(3)--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 Rule 335-14-2-.04.
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
335-14-2-Appendix VIII). EPA Publication SW-846, Third Edition, is
available from the Government Printing Office, Superintendent of
Documents, P. 0. Box 371954, Pittsburgh, PA 15250-7954 (202) 783-
3238 (document number 955-001-00000-1).
(I) 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.
(II) 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
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been mixed with used oil from sources other than refrigeration units.
(b) A solid waste which is not excluded from regulation under 335-14-2-.O1(3)(a)l.
becomes a hazardous waste when any of the following events occur:
1. In the case of a waste listed in Rule 335-14-2-.04, when the waste first meets
the listing description set forth in Rule 335-14-2-.04;
2. In the case of a mixture of solid waste and one or more listed hazardous
wastes, when a hazardous waste listed in Rule 335-l4-2-.04 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 Rule 335-l4-2-.03.
(c) Unless or until it meets the criteria of 335-14-2-.O1(3)(d):
1. A hazardous waste will remain a hazardous waste;
2. (I) Except as otherwise provided in 335-14-2-.O1(2)(c)2.(ii), 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 hazardous waste,
unless they exhibit one or more of the characteristics of hazardous waste:
(I) Waste pickle liquor sludge generated by lime stabilization of spent
pickle liquor from the iron and steel industry (SIC codes 331 and
332).
(II) Waste from burning any of the materials exempted from regulation
by 335-14-2-.O1(6)(a)3.(iii) through (iv).
(III) I. 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 335-14-1-.02(1)], that are disposed in Subtitle D unit(s)
(which are in compliance with the applicable requirements of
ADEM Administrative Code Division 335-13, Solid Waste
Program Rules and which are authorized to receive such wastes),
provided that these residues meet the generic exclusion levels
identified in the tables in this subparagraph 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.
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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.
Constituent Maximum for any single
composite sample--TCLP (mg/I)
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
II. A one-time notification and certification must be placed in the
facility’s files and sent to EPA Region IV and the Department 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 unit(s) regulated pursuant
to ADEM Administrative Code Division 335-13 Rules. The
notification and certification that is placed in the generator’s or
treater’s 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 EPA Region IV and the Department on an annual basis if
such changes occur. Such notification and certification should be
sent to EPA Region IV and the Department 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(s) regulated pursuant to ADEM Administrative
Code Division 335-13 Rules 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
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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.”
(IV) Biological treatment sludge from the treatment of one of the
following wastes listed in Rule 335-14-2-.04(3) - 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).
(V) Catalyst inert support media separated from one of the following
wastes listed in 335-14-2-.04(3)--Spent hydrotreating catalyst (EPA
Hazardous Waste Number K171), and spent hydrorefining catalyst
(EPA Hazardous Waste Number K172).
(d) Any solid waste described in 335-14-2-.O1(3)(c) 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 Rule 335-14-2-.03. (However, wastes that
exhibit a characteristic at the point of generation may still be subject to the
requirements of Chapter 335-14-9, 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 Rule 335-14-2-.04,
contains a waste listed under Rule 335-14-2-.04 or is derived from a waste
listed in Rule 335-14-2-.04, it also has been excluded from subparagraph (c) of
this paragraph under 335-14-1-.03(2).
(e) Notwithstanding 335-14-2-.O1(3)(a) through (d) and provided the debris as defined
in Chapter 335-14-9 does not exhibit a characteristic identified in Rule 335-14-
2-.03, the following materials are not subject to regulation under Chapters 335-14-
1 through 335-14-9:
1. Hazardous debris as defined in Chapter 335-14-9 that has been treated using
one of the required extraction or destruction technologies specified in Rule
335-14-9-.04(6) [ see Table 1, 40 CFR 268.45]; 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 Chapter 335-14-9 that the Department, considering the
extent of contamination, has determined is no longer contaminated with
hazardous waste.
(4) Exclusions . ( o\ .‘ (..kc (fT
(a) “Materials which are not solid wastes”. The following materials are not solid
wastes for the purpose of this Chapter:
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.
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“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 federal Clean Water Act, as amended.
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 335-14-2-.0I(1)(c);
7. Spent sulfuric acid used to produce virgin sulfuric acid, unless it is
accumulated speculatively as defined in 335-14-2-.0l(1)(c).
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 335-14-2-.01(4)(a)9.(i) and (a)9.(ii), so
long as they meet all of the following conditions:
(I) 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;
(II) Prior to reuse, the wastewaters and spent wood preserving solutions
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are managed to prevent release to either land or ground water or both;
(III) 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;
(IV) Any drip pad used to manage the wastewaters and/or spent wood
preserving solutions prior to reuse complies with the standards in 335-
14-6-.23, regardless of whether the plant generates a total of less than
100 kg/month of hazardous waste; and
(V) Prior to operating pursuant to this exclusion, the facility owner or
operator submits to the Department a one-time notification stating that
the facility intends to claim the exclusion, giving the date on which
the facility 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
facility 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 facility meets all of
the conditions. If the facility goes out of compliance with any
condition, it may apply to the Department for reinstatement. The
Department may reinstate the exclusion upon finding that the facility
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, K 145,
K147, and K148 and any wastes from the coke by-products processes that are
hazardous only because they exhibit the Toxicity Characteristic specified in
Rule 335-14-2-.03(5) , when, subsequent to generation, these materials are
recycled to coke ovens, to the tar recovery process as a feedstock to produce
coal tar or are 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. (1) Oil-bearing hazardous secondary materials (i.e., sludges, by-products, 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 335-14-2-.01(4)(a)12.(ii), 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
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recycling materials excluded under this 335-14-2-.O1(4)(a)12.(i), where
such materials as generated would have otherwise met a listing under 335-
14-2-.04, 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
incidentthereto(S lCcodes 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 335-14-17-.01(1).
13. Excluded scrap metal @rocessed 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. Secondary materials (i.e., sludges, by-products, and spent materials as defined
in 335-14-2-.01(1)) (other than hazardous wastes listed in 335-14-2-.04)
generated within the primary mineral processing industry from which minerals,
acids, cyanide, water or other values are recovered by mineral processing,
provided that:
(i) The secondary material is legitimately recycled to recover minerals, acids,
cyanide, water or other values;
(ii) The secondary material is not accumulated speculatively;
(iii)Except as provided in 335-14-2-.01(4)(a)15.(iv), the secondary 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 335-14-1-.02(1)), 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
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of these materials.
(iv) The Department may make a site-specific determination, after public
review and comment, that only solid mineral processing secondary
materials may be placed on pads, rather than in tanks, containers, or
buildings. Solid mineral processing secondary 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.
(I) The Department 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.
(H) Pads must meet the following minimum standards: be designed of non-
earthen material that is compatible with the chemical nature of the
mineral processing secondary 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.
(HI) Before making a determination under this Rule, the Department 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 a notice to the Department, identifying 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 335-14-2-.O1(4)(b)7., mineral processing secondary
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.
17. Comparable fuels or comparable syngas fuels (i.e., comparable/syngas fuels)
that meet the requirements of 335-14-2-.04(9).
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
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ignitability (as defined in 335-14-2-.03(2) andfor toxicity for benzene (335-
14-2-.03(5), hazardous waste number 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 335-14-2-.O1(1)
(c).
(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 waste
for the purposes of regulation under this rule if such facility:
(i) Receives and burns only
(I) Household waste (from single and multiple dwellings, hotels, motels,
and other residential sources) and
(II) 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 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;
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4. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control
waste generated primarily from the combustion of coal or other fossil fuels,
except as provided by 335-14-7-.08(13) 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 characteristic of toxicity because
chromium is present or are listed in Rule 335-14-2-.04 due to the presence
of chromium, which do not fail the test for the characteristic of toxicity 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:
(I) The chromium in the waste is exclusively (or nearly exclusively)
trivalent chromium; and
(II) The waste is generated from an industrial process which uses
trivalent chromium exclusively (or nearly exclusively) and the
process does not generate hexavalent chromium; and
(III) The waste is typically and frequently managed in non-oxidizing
environments.
(ii) Specific wastes which meet the standard in 335-14-2-.O1(4)(b)6.(i)(I)
through (111) (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:
(I) 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.
(II) 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; retanIwet
finish; no beamhouse; through-the-blue; and shearling.
(III) 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; and shearling.
( IV) Sewer screenings generated by the following subcategories of the
leather tanning and finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beanihouse; through-the-blue; and shearling.
(V) 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
shearl ing.
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(VI) 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; through-the-blue; and shearling.
(VI I) Waste scrap leather from the leather tanning industry, the shoe
manufacturing industry and other leather product manufacturing
industries.
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 335-14-7-.08(13) for facilities that burn or
process hazardous waste.
(i) For the purposes 335-14-2-.O1(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 335-14-2-.OI(4)(b)7., solid waste from the processing
of ores and minerals includes only the following wastes as generated:
(I) Slag from primary copper processing;
(II) Slag from primary lead processing;
(Ill) Red and brown muds from bauxite refining;
(IV) Phosphogypsum from phosphoric acid production;
(V) Slag from elemental phosphorus production;
(VI) Gasifier ash from coal gasification;
(VII) Process wastewater from coal gasification;
(VIII) Calcium sulfate wastewater treatment plant sludge from primary
copper processing;
(IX) Slag tailings from primary copper processing;
(X) Fluorogypsum from hydrofluoric acid production;
(XI) Process wastewater from hydrofluoric acid production;
(XII) Air pollution control dust/sludge from iron blast furnaces;
(XIII) Iron blast furnace slag;
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(XIV) Treated residue from roasting/leaching of chrome ore;
(XV) Process wastewater from primary magnesium processing by the
anhydrous process;
(XVI) Process wastewater from phosphoric acid production;
(X VII) Basic oxygen furnace and open hearth furnace air pollution control
dust/sludge from carbon steel production;
(XVIII) Basic oxygen furnace and open hearth furnace slag from carbon
steel production;
(XIX) Chloride process waste solids from titanium tetrachloride
production;
(XX) Slag from primary zinc processing.
(iii) A residue derived from coprocessing mineral processing secondary
materials with normal beneficiation raw materials remains excluded under
335-14-2-.01(4)(b) if the owner or operator:
(I) Processes at least 50 percent by weight normal beneficiation raw
materials; and,
(II) Legitimately reclaims the secondary mineral processing materials.
8. Cement kiln dust waste, except as provided by 335-14-7-.08(13) 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 Characteristic of Toxicity for Hazardous
Waste Codes D004 through D017 and which is not a hazardous waste for any
other reason or reasons, if the waste is generated by persons who utilize the
arsenical-treated wood and wood products for these materials’ intended end
use.
10. Petroleum-contaminated media and debris that fail the test for the
Characteristic of Toxicity of 335-14-2-.03(5) (Hazardous Waste Codes D018
through D043 only) and are subject to the corrective action regulations under
Part 280 of 40 CFR.
11. Injected groundwater that is hazardous only because it exhibits the Toxicity
Characteristic (Hazardous Waste Codes D018 through D043 only) in 335-14-
2-.03(5) 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 October 2, 1991. 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
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remediation once the free phase recovery is completed; and
(ii) A copy of the written agreement has been submitted to: Characteristics
Section (OS-333), U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460.
12. Used chiorofluorocarbon 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 chiorofluorocarbons as the heat transfer fluid in a refrigeration cycle,
provided the refrigerant is reclaimed for further use.
13. Used oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products.
14. Non-terne plated used oil filters that are not mixed with wastes listed in 335-
14-2-.04 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 which will remove the free-
flowing used oil.
15. Used oil filters that are not mixed with waste listed in 335-14-2-04 if they
have been gravity hot-drained in accordance with 335-14-2-.01(4)14.(i) through
14.(iv) and are destined for recycling to recover their metal content.
(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 unit, is not subject to regulation under
Chapters 335-14-3 through 335-14-6, 335-14-8, 335-14-9 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 335-14-2-.01(4)(d)2., a sample of solid waste or a
sample of water, testing to determine its characteristics or composition, is not
subject to any requirements of this Chapter or Chapters 335-14-3 through 335-
14-9 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
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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 335-14-2-.O1(4)(d)1.(i) and (ii), a
sample collector shipping samples to a laboratory and a laboratory returning
samples to a sample collector must:
(i) Comply with United States Department of Transportation (DOT), United
States 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:
(1) Assure that the following information accompanies the sample:
I. The sample collector’s name, mailing address, and telephone
number;
II. The laboratory’s name, mailing address, and telephone number;
III. The quantity of the sample;
IV. The date of shipment; and
V. A description of the sample; and
(II) Package the sample so that it does not leak, spill, or vaporize from
its packaging.
(III) 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 335-14-2-.O1(4)(d)1.
(e) Treatability Study Samples.
1. Except as provided in 335-14-2-.O1(4)(e)2., persons who generate or collect
samples for the purpose of conducting treatability studies as defined in 335-14-
1-.02(1), are not subject to any requirement of Chapters 335-14-2 through 335-
14-4 or to the notification requirements of Section 3010 of RCRA, nor are such
samples included in the quantity determinations of 335-14-2-.01(5) and 335-14-
3-.03(5)(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
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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 335-14-2-.01(4)(e)1. 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 5,000 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, or 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 5,000 kg; the 5,000 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 335-14-2-.0l
(4)(e)2. (iii)(l) or (II) are met.
(I) 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
(H) 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;
II. The name, address, and telephone number of the facility that will
perform the treatability study;
III. The quantity of the sample;
IV. The date of shipment; and
V. 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 335-14-2-.01(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:
(I) Copies of the shipping documents;
(II) A copy of the contract with the facility conducting the treatability
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study;
(III) Documentation showing:
I. The amount of waste shipped under this exemption;
II. The name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
III. The date the shipment was made; and
IV. Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under 335-14-2-.01(4)(e)2.
(v)(HI in its biennial report.
3. The Department may grant requests on a case-by-case basis for up to an
additional two years for treatability studies involving bioremediation. The
Department may grant requests on a case-by-case basis for quantity limits in
excess of those specified in 335-14-2-.01(4)(e)2.(i) and (ii) and 335-14-2-.01(4)
(04., for up to an additional 5000 kg of media contaminated with non-acute
hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste and 1 kg of acute hazardous waste:
(i) In response to requests for authorization to ship, store and conduct
treatability studies on additional quantities in advance of commencing
treatability studies. Factors to be considered in reviewing such requests
include the nature of the technology, the type of process (e.g., batch versus
continuous), size of unit undergoing testing articularly 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 335-14-2-.01(4)(e)3.(i)
and (ii) are subject to all the provisions in 335-14-2-.01(4)(e)1. and 2.(iii)
through (vi). The generator or sample collector must apply to the
Department and provide in writing the following information:
(I) The reason why the generator or sample collector requires additional
time or quantity of sample for the treatability study evaluation and
the additional quantity needed;
(II) 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
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treatability study processes were conducted on each sample shipped,
and the available results of each treatability study;
(III) A description of the technical modifications or change in
specifications which will be evaluated and the expected results;
( IV) 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
(V) Such other information that the Department considers necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities.
Samples undergoing treatability studies and the laboratory or testing facility
conducting such treatabil ity studies (to the extent such facilities are not otherwise
subject to AHWMMA or RCRA requirements) are not subject to any requirement
of this Chapter, and Chapters 335-14-3 through 335-14-9, or to the notification
requirements of Section 3010 of RCRA provided that the conditions of 335-14-
2-.01(4)(f)1. through 11. are met. A mobile treatment unit (MTU) may qualify as
a testing facility subject to 335-14-2-.01(4)(0l. through (011. Where a group of
MTUs are located at the same site, the limitations specified in 335-14-2-.01(4)(01.
through 11. 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
subparagraph.
2. The laboratory or testing facility conducting the treatability study has an EPA
identification number.
3. No more than a total of 5,000 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 subjected
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 5,000 kg, the total
of which can include 5,000 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) has 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
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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
treatabil ity 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.
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10. The facility determines whether any unused sample or residues generated by
the treatability study are hazardous waste under 335-14-2-.01(3) and, if so, are
subject to Chapters 335-14-2 through 335-14-9, unless the residues and unused
samples are returned to the sample originator under the 335-14-2-.01(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.
(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 335-14-2-.01 (5)(e), (f), (g), and (j), a
conditionally exempt small quantity generator’s hazardous wastes are not subject to
regulation under Chapters 335-14-3 through 335-14-9, and the notification
requirements of Section 3010 of RCRA, provided the generator complies with the
requirements of 335-14-2-.01(5)(f), (g), and (j). Provided, however, that any
generator, including conditionally exempt small quantity generators, may be
required by the Department to submit for the Department’s approval a plan for the
disposal of any hazardous waste generated regardless of whether the waste is to be
disposed of at an on-site or off-site disposal area. If the Department requires
submission of such a disposal plan, the generator shall not dispose of such
hazardous waste at a site not permitted to receive hazardous waste until such times
as the Department approves a plan for disposal.
(c) When making the quantity determinations of this Rule and Chapter 335-14-3, the
generator must include all hazardous waste that it generates, except hazardous
waste that:
1. Is exempt from regulation under 335-14-2-.01(4)(c) through (f), 335-14-2-.01
(6)(a)3., 335-14-2-.01(7)(a)1., or 335-14-2-.01(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 335-14-1-.02(1); or
3. Is recycled, without prior storage or accumulation, only in an on-site process
subject to regulation under 335-14-2-.01(6)(c)2.; or
4. Is used oil managed under the requirements of 335-14-2-.O1(6)(a)4. and
Chapter 335-14-17; or
5. Is spent lead-acid batteries managed under the requirements of 335-14-7-.07; or
6. Is universal waste managed under 335-14-2-.01(9) and Chapter 335-14-11.
(d) In determining the quantity of hazardous waste generated, a generator need not
include:
I. Hazardous waste when it is removed from on-site storage; or
2. Hazardous waste produced by on-site treatment (including reclamation) of this
hazardous waste, so long as the hazardous waste that is treated was counted
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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 Chapters 335-14-3 through 335-14-9 and the notification
requirements of Section 3010 of RCRA:
1. A total of one kilogram of acute hazardous wastes listed in 335-14-2-.04(2),
(3), or (4)(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 335-14-2-.04(2), (3), (4)(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 335-14-2-.01(5)(e)1. or
(e)2. to be excluded from full regulation under this paragraph, the generator must
comply with the following requirements:
1. 335-14-3-.01(2);
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 335-14-2-.01(5)(e)1. or (e)2., all of those accumulated wastes are
subject to regulation under Chapters 335-14-3 through 335-14-9 and the
applicable notification requirements of Section 3010 of RCRA. The time
period of 335-14-3-.03(5)(a) 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 Chapter 335-14-8 of this Division (if located within
Alabama), analogous requirements of another authorized State, or 40 CFR
Part 270;
(ii) In interim status under Chapters 335-14-6 and 335-14-8 of this Division (if
located within Alabama), analogous requirements of another authorized
State, or 40 CFR Parts 265 and 270;
(iii) Permitted, licensed, or registered by a State to manage municipal solid
waste and, if located in the State of Alabama and managed in a municipal
solid waste landfill, such facility must:
(I) Have obtained a permit from the Department pursuant to the provisions
of the ADEM Administrative Code, Division 335-13 Rules, and meet
the municipal solid waste landfill standards of 40 CFR 258; and
(II) Have obtained approval from the Department for the disposal of the
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conditionally exempt small quantity generator hazardous waste in
accordance with the requirements of ADEM Administrative Code Rule
335-13-4-.21(1);
(iv) Permitted, licensed, or registered by a State to manage non-municipal non-
hazardous waste and, if located in the State of Alabama and managed in a
non-municipal non-hazardous waste disposal unit after January 1, 1988,
such facility must have obtained a permit from the Department pursuant to
the provisions of the ADEM Administrative Code, Division 335-13 Rules,
and meet the landfill standards of 40 CFR 257.5 through 257.30;
(v) A facility which:
(I) Beneficially uses or reuses, or legitimately recycles or reclaims its
waste; or
(H) Treats its waste prior to beneficial use or reuse, or legitimate recycling
or reclamation; or
(vi) For universal waste managed under Chapter 335-14-11, a universal waste
handler or destination facility subject to the requirements of Chapter 335-
14-11 (if located within Alabama), analogous requirements of another
authorized State, or 40 CFR Part 273.
(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. 335-14-3-.01(2);
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 this Division applicable to
generators of between 100 kilograms and 1000 kilograms of hazardous waste in
a calendar month as well as the requirements of Chapters 335-14-4 through
335-14-9 and the applicable notification requirements of Section 3010 of
RCRA. The time period of 335-14-3-.03(5) 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 Chapter 335-14-8 of this Division (if located within
Alabama), analogous requirements of another authorized state, or 40 CFR
Part 270;
(ii) In interim status under Chapters 335-14-6 and 335-14-8 of this Division (if
located within Alabama), analogous requirements of another authorized
state, or 40 CFR Parts 265 and 270;
(iii) Permitted, licensed, or registered by a state to manage municipal solid
waste and, if located in the State of Alabama and if managed in a municipal
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solid waste landfill, such facility must:
(I) Have obtained a permit from the Department pursuant to the provisions
of the ADEM Administrative Code, Division 335-13 Rules, and meet
the municipal solid waste landfill standards of 40 CFR 258; and
(II) Have obtained approval from the Department for the disposal of the
conditionally exempt small quantity generator hazardous waste in
accordance with the requirements of ADEM Administrative Code Rule
335-13-4-.2 1(1);
(iv) Permitted, licensed, or registered by a State to manage non-municipal non-
hazardous waste and, if located in the State of Alabama and managed in a
non-municipal non-hazardous waste disposal unit after January 1, 1988,
such facility must have obtained a permit from the Department pursuant to
the provisions of the ADEM Administrative Code, Division 335-13 Rules,
and meet the landfill standards of 40 CFR 257.5 through 257.30;
(v) A facility which:
(1) Beneficially uses or reuses, or legitimately recycles or reclaims its
waste; or
(II) Treats its waste prior to beneficial use or reuse, or legitimate recycling
or reclamation; or
(vi) For universal waste managed under Chapter 335-14-11, a universal waste
handler or destination facility subject to the requirements of Chapter 335-
14-11 (if located within Alabama), analogous requirements of another
authorized state, or 40 CFR Part 273.
(h) Hazardous waste subject to the reduced requirements of this paragraph may be
mixed with nonhazardous waste and remain subject to these reduced requirements
even though the resultant mixture exceeds the quantity limitations identified in this
paragraph unless the mixture meets any of the characteristics of hazardous waste
identified in Rule 335-14-2-.03.
(i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity
exclusion level of this paragraph, 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 Chapter 335-14-17 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.
(6) Requirements for recyclable materials . 1 -t() C4 1 d ( Co
(a) 1. Hazardous wastes that are recycled are subject to the requirements for
generators, transporters, and storage facilities of 335- 14-2-.0 I (6)(b) and (c),
except for the materials listed in 335-14-2-.01(6)(a)2. and (a)3. Hazardous
wastes that are recycled will be known as “recyclable materials”.
2. The following recyclable materials are not subject to the requirements of this
paragraph but are regulated under Rule 335-14-7-.03 through Rule 335-14-
7-.08 and all applicable provisions of Chapter 335-14-8.
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(I) Recyclable materials used in a manner constituting disposal (Rule 335-14-
7-.03);
(ii) Hazardous wastes burned for energy recovery in boilers and industrial
furnaces that are not regulated under Rule 335-14-5-. 15 and Rule 335-14-
6-.15 of this Division (Rule 335-14-7-.08);
(iii) Recyclable materials from which precious metals are reclaimed (Rule 335-
14-7-.06).
(iv) Spent lead-acid batteries that are being reclaimed (Rule 335-14-7-.07).
3. The following recyclable materials are not subject to regulation under Chapters
335-14-3 through 335-14-9, 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 335-14-3-.05(9):
(I) 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 335-14-3-.05(4), 335-
14-3-.05(7)(a)1. through 4., 6., and 335-14-3-.05(7)(b), and 335-14-
3-.05(8), export such materials only upon consent of the receiving
country and in conformance with the EPA Acknowledgment of Consent
as defined in 335-14-3-.05(2), and provide a copy of the EPA
Acknowledgment of Consent to the shipment to the transporter
transporting the shipment for export;
(11) 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 335-14-2-.O1(4)(a)13.;
(iii)Fuels produced from the refining of oil-bearing hazardous wastes 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 Rule 335-14-2-.O1(4)(a)12.);
(iv) (I) 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 Rule 335-14-
17-.02(2) and so long as no other hazardous wastes are used to
produce the hazardous waste fuel;
(H) 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
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point at which contaminants are removed, so long as the fuel meets
the used oil fuel specification under Rule 335-14-17-.02(2); and
(III) 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 specifications under
Rule 335-14-17-.02(2).
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
Chapters 335-14-1 through 335-14-7 and 335-14-9 of this Division, but is
regulated under Chapter 335-14-17. 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 335-14-3-.05(9)(a)1.) for the purpose of recovery is
subject to the requirements of Rule 335-14-3-.09 if it is subject to either the
manifesting requirements of 335-14-3, or the universal waste management
standards of 335-14-11.
(b) Generators and transporters of recyclable materials are subject to the applicable
requirements of Chapters 335-14-3 and 335-14-4 and the notification requirements
under Section 3010 of RCRA, except as provided in 335-14-2-.01(6)(a).
(c) 1. Owners or operators of facilities that store recyclable materials before they are
recycled are regulated under all applicable provisions of Rules 335-14-5-.01
through 335-14-5-. 12, 335-14-5-.27, 335-14-5-.28, 335-14-5-.29, 335-14-6-.Ol
through 335-14-6-. 12, 335-14-6-.27, 335-14-6-.28, 335-14-6-.29, and under
Chapters 335-14-7, 335-14-8 (except as provided in 335-14-8-.01(1)(c)3.(iv)),
335-14-9, and the notification requirements under Section 3010 of RCRA,
except as provided in 335-14-2-.01(6)(a). [ The recycling process itself is
exempt from regulation except as provided in 335-14-2-.01(6)(d).]
2. Owners or operators of facilities that recycle recyclable materials without
storing them before they are recycled are subject to the following requirements,
except as provided in 335-14-2-.01(6)(a):
(i) Notification requirements under Section 3010 of RCRA;
(ii) 335-14-6-.05(2) and (3) (dealing with the use of the manifest and manifest
discrepancies);
(iii) 335-14-2-.01(6)(d).
(d) Owners or operators of facilities subject to RCRA or AHWMMA permitting
requirements with hazardous waste management units that recycle hazardous wastes
are subject to the requirements of Rules 335-14-5-.27, 335-14-5-.28, 335-14-6-.27,
and 335-14-6-.28.
(7) Residues of hazardous waste in empty containers . -\
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(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 335-14-
2-.01(7)(b), is not subject to regulation under Chapters 335-14-2 through
335-14-6, 335-14-8 and 335-14-9 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
335-14-2-.01(7)(b) is subject to regulation under Chapters 335-14-2
through 335-14-9 and to the notification requirements of Section 3010 of
RCRA.
3. Residues removed from an empty container are solid wastes subject to the
requirements of Rule 335-14-3-.01(2).
(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 335-14-2-.04(2), (3), or (4)(e) 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) (I) 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
(II) 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 335-14-2-.04(2), (3), or (4)(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
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the container, has been removed.
(8) PCB Wastes Regulated Under Toxic Substance Control Act . ‘ (,1 8’
The disposal of PCB-contairiing dielectric fluid and electric equipment containing
such fluid authorized for use and regulated under Part 761 of 40 CFR and that are
hazardous only because they fail the test for the Toxicity Characteristic (Hazardous
Waste Codes D018 through D043 only) are exempt, except for the provisions of Rules
335-l4-5-.25 and 335-14-6-.21, from regulation under Chapters 335-14-2 through 335-
14-6, and Chapter 335-14-9, Parts 270 and 124 of 40 CFR, and the notification
requirements of Section 3010 of RCRA.
(9) Requirements for Universal Waste .
The wastes listed in this paragraph are exempt from regulation under Chapters 335-
14-3 through 335-14-9, except as specified in 335-14-11 and, therefore are not filly
regulated as hazardous waste. The wastes listed in this paragraph are subject to
regulation under 335-14-11:
(a) Batteries as described in 335-14-11-.01(2);
(b) Pesticides as described in 335-14-1 1-.01(3);
(c) Thermostats as described in 335-14-1l-.01(4); and
(d) Mercury-containing lamps as described in 335-14-11-.01(5).
(10) Residues of hazardous waste in empty tanks .
(a) This Rule only applies to hazardous waste accumulated or stored in tanks. Tanks
remain subject to applicable closure standards in ADEM Administrative Code
Chapters 335-14-3, 335-14-5, and 335-14-6 for all hazardous waste numbers placed
into the tank since it was last decontaminated, in accordance with ADEM
Administrative Code Rule 335-14-5-.07 or 335-14-6-.07.
(b) A tank 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 335-14-2-.04(2), (3), or
(4)(e), 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 tank (e.g., draining,
pumping, and aspirating);
2. No more than 0.3 percent by volume of the total capacity of the tank or 100
gallons, whichever is less, remains in the tank; and
3. The removal of waste in accordance with 335-14-2-.01(10)(b)1 and volume and
percent of total capacity remaining in the tank in accordance with 335-14-2-.0l
(1O)(b)2. has been certified with the date, time and name of the person making
the certification.
(c) 1. Hazardous waste subsequently placed into a tank which has been emptied in
accordance with subparagraph (b) will be identified only by those hazardous
waste numbers which are applicable to the waste prior to entering the tank.
Any residue remaining in an empty tank system will not cause waste
subsequently placed into the tank to be identified pursuant to Rule 335-14-
2-.01(3)(a)2.(iv). All hazardous waste numbers applicable to waste placed in
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the tank since it was last decontaminated will apply to the tank system upon
closure.
2. Residues removed from an empty tank are solid wastes subject to the
requirements of Rule 335-14-3-.O1(2).
(d) Respondents in actions to enforce rules and regulations implementing the
AHWMMA, who raise a claim that a tank or tank system was empty in accordance
with this paragraph, must demonstrate compliance with this paragraph by
providing appropriate documentation.
Author: Stephen C. Maurer; Steven 0. Jenkins; Michael B. Jones; Stephen A. Cobb; Ron
Shell; Michael Champion; Amy P. Zachry.
Statutory Authority: Code of Alabama 1975, § 22-30-10, 22-30-11, 22-30-14, 22-30-15 and
22-30-16.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; February 15, 1988; August 24, 1989;
December 6, 1990; January 25, 1992; January 1, 1993; January 5, 1995; April 28, 1995;
January 12, 1996; March 8, 1996; March 28, 1997; March 27, 1998; April 2, 1999.
335-14-2-.02 Criteria for Identifying the Characteristics of Hazardous Waste and for Listing
Hazardous Waste
(1) Criteria for identifying the characteristics of hazardous waste . o (, . . ‘l 0
(a) The Department shall identify and define a characteristic of hazardous waste in
Rule 335-14-2-.03 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.
(2) Criteria for listing hazardous waste . c,c -iz. ‘ ii . u
(a) The Department 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 Rule 335-
14-2-.03.
2. It has been found to be fatal to humans in low doses or, in the absence of data
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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 335-14-2-Appendix VIII, and
after considering the following factors, the Department 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:
(1) 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 335-14-2-.02(a)3.(vii);
(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 nonharmful 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.
4. Substances will be listed in 335-14-2-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 Department may list classes or types of solid waste as hazardous waste if it 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
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Section 22-30-3(5) of the AHWMMA.
(c) The Department will use the criteria for listing specified in this paragraph to
establish the exclusion limits referred to in 335-14-2-.O1(5)(c).
Author: Stephen C. Maurer; Amy P. Zachry.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; February 15, 1988; August 24, 1989; December 6, 1990; March
27, 1998.
335-14-2-.03 Characteristics of Hazardous Waste
(1) General .
(a) A solid waste, as defined in 335-14-2-.01(2), which is not excluded from
regulation as a hazardous waste under 335-14-2-.0I(4)(b), is a hazardous waste if it
exhibits any of the characteristics identified in this Rule.
(b) A hazardous waste which is identified by a characteristic in this Rule is assigned
every EPA Hazardous Waste Number that is applicable as set forth in this Rule.
This number must be used in complying with the notification requirements of
Section 3010 of the RCRA and all applicable recordkeeping and reporting
requirements under Chapters 335-14-3 through 335-14-6, 335-14-8 and 335-14-9.
(c) For purposes of this Rule, the Department will consider a sample obtained using
any of the applicable sampling methods specified in 335-14-2-Appendix Ito be a
representative sample within the meaning of Chapter 335-14-1.
(2) Characteristic of ignitahility . u .
(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 a flash point less than 60C (140F), 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 335-14-
1-.02(2)), or a Setaflash Closed Cup Tester, using the test method specified in
ASTM Standard D-3278-78 (incorporated by reference, see 335-14-1-.02(2)),
or as determined by an equivalent test method approved by the Department
under procedures set forth in 335-14-1-.03(1).
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 § 173.115 and as
determined by the test methods described in that regulation or equivalent test
methods approved by the Department under 335-14-1-.03(1).
4. It is an oxidizer as defined in 49 CFR § 173.127.
(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous
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Waste Number of DOOl.
(3) 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:
I. 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 Rule 335-14-1-.02(2).
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 55C (130F) as determined by the
test method specified in NACE (National Association of Corrosion Engineers)
Standard TM-01-69 as standardized in “Test Methods for the Evaluation of
Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, as
incorporated by reference in Rule 335-14-1-.02(2).
(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous
Waste Number of D002.
(4) Characteristic of reactivity .
(a) A solid waste exhibits the characteristic of reactivity if a representative sample of
the waste has any of the following properties:
1. It is normally unstable and readily undergoes violent change without
detonating.
2. It reacts violently with water.
3. It forms potentially explosive mixtures with water.
4. When mixed with water, it generates toxic gases, vapors, or fumes in a
quantity sufficient to present a danger to human health or the environment.
5. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions
between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity
sufficient to present a danger to human health or the environment.
6. It is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement.
7. It is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure.
8. It is a forbidden explosive as defined in 49 CFR § 173.54, or it meets the
definition of a Class/Division 1.1, 1.2, or 1.3 explosive as defined in 49 CFR
§ 173.50.
(b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous
Waste Number of D003.
(5) Characteristic of Toxicity . 1pl .
(a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity
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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 Rule 335-14-1-.02(2), 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 paragraph.
(1,) A solid waste that exhibits the Characteristic of toxicity has the EPA Hazardous
Waste Number specified in Table 1 which corresponds to the toxic contaminant
causing it to be hazardous.
TABLE 1
MAXIMUM CONCENTRATION OF CONTAMINANTS FOR THE TOXICITY
CHARACTERISTIC
EPA 11W No. 1 Contaminant CAS No. 2 Regulatory
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 2O0.0
D024 m-Cresol 108-39-4 200.0
D025 p-Cresol 106-44-5 200.0
D026 Cresol - - - 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-Dichioroethylene 75-35-4 0.7
D030 2,4-Dinitrotoluene 121-14-2 0.13
D012 Endrin 72-20-8 0.02
D03 I Heptachlor (and its epoxide) 76-44-8 0.008
D032 Hexach lorobenzene 118-74-1 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 Pentach lorophenol 87-86-5 100.0
D038 Pyridine 110-86-1 5.0
DOlO Selenium 7782-49-2 1.0
DO!! Silver 7440-22-4 5.0
D039 Tetrachloroethylene 127-18-4 0.7
D0 15 Toxaphene 8001-35-2 0.5
D040 Trichloroethylene 79-01-6 0.5
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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
Hazardous waste number.
2 Chemical abstracts service number.
Quantitation limit is greater than the calculated regulatory level. The quantitation
limit therefore becomes the regulatory level.
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/I.
Author: Stephen C. Maurer; Steven 0. Jenkins; Michael B. Champion.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; August 24, 1989; December 6, 1990; January 1, 1993; January 5,
1995; March 27, 1998.
335-14-2-.04 Lists of Hazardous Wastes
(1) General .
(a) A solid waste is a hazardous waste if it is listed in this Rule, unless it has been
excluded from this list under 335-14-1-.03(2).
(b) The Department will indicate its basis for listing the classes or types of wastes
listed in this Rule by employing one or more of the following Hazard Codes:
Ignitable Waste (I)
Corrosive Waste (C)
Reactive Waste (R)
Toxicity Characteristic Waste (E)
Acute Hazardous Waste (H)
Toxic Waste (1’)
335-14-2-Appendix VII identifies the constituent which caused the Department to
list the waste as a Toxicity Characteristic Waste CE) or Toxic Waste (1’) in 335-14-
2-.04(2) and (3).
(c) Each hazardous waste listed in this Rule is assigned an EPA or Alabama
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 RCRA and certain recordkeeping and reporting requirements under Chapters
335-14-3 through 335-14-6, 335-14-8, and 335-14-9.
(d) The following hazardous wastes listed in paragraphs (2) or (3) of this Rule are
subject to the exclusion limits for acutely hazardous wastes established in 335-14-
2-.01(5): EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, and F027.
(2) Hazardous wastes from non-specific sources .
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(a) The following solid wastes are listed hazardous waste from non-specific sources
unless they are excluded under § 260.20 of 40 CFR and 335-14-1-.03(2) and listed
in 335-14-2-Appendix IX.
Hazardous Waste Number
Hazardous Waste Hazard
Code
Generic:
FOOl The following spent halogenated solvents used in degreasing:
tetrachioroethylene, 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. (1’)
F002 The following spent halogenated solvents: tetrachioroethylene, 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
mix tures/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 FOOl, F004, or F005; and still bottoms from the recovery
of these spent solvents and spent solvent mixtures. (‘F)
F 003 The following spent non-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 FOOl,
F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent
mixtures. (I)*
F 004 The following spent non-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 FOOl, F002,
and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. (T)
F005 The following spent non-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 FOOl, F002, or F004; and still bottoms from
the recovery of these spent solvents and spent solvent mixtures. (1,’l)
F 006 Wastewater treatment 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. (1)
FOOl Spent cyanide plating bath solutions from electroplating operations. (R,T)
F008 Plating bath residues from the bottom of plating baths from electroplating
operations where cyanides are used in the process. (R,T)
F009 Spent stripping and cleaning bath solutions from electroplating operations
where cyanides are used in the process. (R,T)
FOlO Quenching bath residues from oil baths from metal heat treating operations
where cyanides are used in the process. (R,’T)
FOl 1 Spent cyanide solutions from salt bath pot cleaning from metal heat treating
operations. (R,T)
F012 Quenching wastewater treatment sludges from metal heat treating operations
where cyanides are used in the process. (F)
F0l9 Wastewater treatment 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. (T)
F020 Wastes (except wastewater and spent carbon from hydrogen chloride
purification) from the production or manufacturing use (as a reactant, chemical intermediate, or
component in a formulating process) of tn- of tetrachlorophenol, or of intermediates used to produce
their pesticide derivatives. (This listing does not include wastes from the production of Hexachiorophene
from highly purified 2,4,5-trichlorophenol.) (H)
F02 1 Wastes (except wastewater and spent carbon from hydrogen chloride
-------
purification) from the production or manufacturing use (as a reactant, chemical intermediate, or
component in a formulating process) of pentachiorophenol, or of intermediates used to produce its
derivatives. (H)
F022 Wastes (except wastewater and spent carbon from hydrogen chloride
purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a
formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions. (H)
F023 Wastes (except wastewater and spent carbon from hydrogen chloride
purification) from the production of materials on equipment previously used for the production or
manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri-
and tetrachlorophenols. (This listing does not include wastes from equipment used only for the
production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.) (H)
F024 Process wastes, including but not limited to, distillation residues, heavy ends,
tars, and reactor clean-out wastes from the production of certain chlorinated aliphatic hydrocarbons by
free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain
lengths ranging from one to, and including, five with varying amounts and positions of chlorine
substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts,
and wastes listed in 335-14-2-.04(2) or 335-14-2-.04(3).) (T)
F025 Condensed light ends, 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. (T)
F026 Wastes (except wastewater and spent carbon from hydrogen chloride
purification) from the production of materials on equipment previously used for the manufacturing use
(as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta-, or
hexachlorobenzene under alkaline conditions. (H)
F027 Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or
discarded unused formulations containing compounds derived from these chiorophenols. (This listing
does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5-
trichiorophenol as the sole component.) (H)
F028 Residues resulting from the incineration or thermal treatment of soil
contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027. (T)
F032 Wastewaters (except those that have not come into contact with process
contaminants), process residuals, preservative dnppage, 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 335-14-2-.04(6), 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). l’his listing does not include KOOl bottom sediment sludge from the
treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. (1)
F034 Wastewaters (except those that have not come into contact with process
contaminants), process residuals, preservative drippage, and spent formulations from wood preserving
processes generated at plants that use cresote formulations. l’his listing does not include KOOl bottom
sediment sludge from the treatment of wastewater from wood preserving processes that use creosote
and/or pentachlorophenol. (T)
F035 Wastewaters (except those that have not come into contact with process
contaminants), process residuals, preservative drippage, and spent formulations from wood preserving
processes generated at plants that use inorganic preservatives, containing arsenic or chromium. This
listing does not include KOOl bottom sediment sludge from the treatment of wastewater from wood
preserving processes that use creosote and/or pentachlorophenol. (T)
F037 Petroleum refmery primary oil/water/solids separation sludge - Any sludge
generated from the gravitational separation of oil/water/ solids during the storage or treatment of process
wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not
limited to, those generated in oil/water/solid separators; tanks and impoundments; ditches and other
conveyances; sumps; and stormwater units receiving 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 335-14-2-.04(2)(b)2. (including
sludges generated in one or more additional units after wastewaters have been treated in aggressive
biological treatment units) and K05l wastes are not included in this listing. l’his listing does include
residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded
under 335-14-2-.O1(4)(a)12.(I), if those residuals are to be disposed of. (1)
F038 Petroleum refinery 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 refmeries. Such wastes include, but
are not limited to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and
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impoundments, and all sludges generated in dissolved air flotation (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 oiiy cooling waters, sludges and floats
generated in aggressive biological treatment units as defined in 335-14-2-.04(2)(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 K05 1 wastes are not included in this listing. (1’)
F039 Leachate (liquids that have percolated through land disposed wastes) resulting
from the disposal of more than one restricted waste classified as hazardous under Rule 335-14-2-.04.
(Leachate resulting from the disposal of one or more of the following EPA hazardous wastes and no other
hazardous wastes retains its hazardous waste number(s): F020, F021, F022, F026, F027, and/or F028.)
* (IT) should be used to specify mixtures containing ignitable and toxic constituents.
(b) Listing Specific Definitions:
1. For the purposes of the F037 and F038 listings, oil/water/solids is defined as
oil and/or water and/or solids.
2. (i) For the purposes of the F037 and F038 listings, aggressive biological
treatment units are defined as units which employ one of the following four
treatment methods: activated sludge; trickling filter; rotating biological
contactor for the continuous accelerated biological oxidation of
wastewaters; or high-rate aeration. High-rate aeration is a system of
surface impoundments or tanks, in which intense mechanical aeration is
used to completely mix the wastes, enhance biological activity, and
(I) the units employs a minimum of 6 hp per million gallons of treatment
volume; and either
(II) the hydraulic retention time of the unit is no longer than 5 days; or
(III) 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 on-site records,
documents and data sufficient to prove that:
(1) the unit is an aggressive biological treatment unit as defined in this
subparagraph; and
(II) 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,
(I) 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
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(II) floats are considered to be generated at the moment they are formed in
the top of the unit.
(3) Hazardous wastes from specific sources . 3 —
The following solid wastes are listed hazardous wastes from specific sources unless
they are excluded under § 260.20 of 40 CFR and 335-14-I-.03(2) and listed in 335-14-
2-Appendix IX.
Hazardous Waste Number
Hazardous Waste Hazard
Code
Wood preservation:
KOOl Bottom sediment sludge from the treatment of wastewaters from wood
preserving processes that use creosote and/or penta-chlorophenol. (T)
Inorganic pigments:
K002 Wastewater treatment sludge from the production of chrome yellow and
orange pigments. (‘F)
K003 Wastewater treatment sludge from the production of molybdate orange
pigments. (T)
K004 Wastewater treatment sludge from the production of zinc yellow
pigments. (T)
K005 Wastewater treatment sludge from the production of chrome green
pigments. (I ’)
K006 Wastewater treatment sludge from the production of chrome oxide green
pigments (anhydrous and hydrated). (T)
K007 Wastewater treatment sludge from the production of iron blue pigments.
m
K008 Oven residue from the production of chrome oxide green pigments. (F)
Organic chemicals:
K009 Distillation bottoms from the production of acetaldehyde from ethylene.
(F)
KOlO Distillation side cuts from the production of acetaldehyde from ethylene.
(F)
KOl I Bottom stream from the wastewater stripper in the production of
acrylonitrile. (R,T)
K013 Bottom stream from the acetonitrile column in production of acrylonitrile.
(R,T)
K014 Bottoms from the acetonitrile purification column in the production of
acrylonitrile. (F)
K015 Still bottoms from the distillation of benzyl chloride. (T)
K016 Heavy ends or distillation residues from the production of carbon
tetrachloride. (F)
K017 Heavy ends (still bottoms) from the purification column in the production
of epichlorohydrin. (F)
K018 Heavy ends from the fractionation column in ethyl chloride production.
(F)
K019 Heavy ends from the distillation of ethylene dichloride in ethylene
dichloride production. (F)
K020 Heavy ends from the distillation of vinyl chloride in vinyl chloride
monomer production. (F)
K021 Aqueous spent antimony catalyst waste from fluoromethanes production.
(F)
K022 Distillation bottom tars from the production of phenol/acetone from
cumene. (F)
K023 Distillation light ends from the production of phthalic anhydride from
naphthalene. (I’)
K024 Distillation bottoms from the production of phthalic anhydride from
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naphthalene. (‘1’)
K025 Distillation bottoms from the production of nitrobenzene by the nitration
of benzene. (T)
K026 Stripping still tails from the production of methyl ethyl pyridines. (1’)
K027 Centrifuge and distillation residues from toluene diisocyanate production.
(R,T)
K028 Spent catalyst from the hydrochlorinator reactor in the production of
I ,1,1 -trichloroethane. (T)
K029 Waste from the product steam stripper in the production of 1,1,1 -
trichloroethane. (F)
K030 Column bottoms or heavy ends from the combined production of
trichloroethylene and perchloroethylene. (F)
K083 Distillation bottoms from aniline production. (F)
K085 Distillation or fractionation column bottoms from the production of
chlorobenzenes. (1’)
K093 Distillation light ends from the production of phthalic anhydride from
ortho-xylene. (F)
K094 Distillation bottoms from the production of phthalic anhydride from
ortho-xylene. (F)
K095 Distillation bottoms from the production of 1,1, 1-trichloroethane. (1’)
K096 Heavy ends from the heavy ends column from the production of 1,1,1 -
trichloroethane. (F)
K103 Process residues from aniline extraction from the production of aniline.
(F)
K104 Combined wastewater streams generated from nitrobenzene/aniline
production. ( F)
K105 Separated aqueous stream from the reactor product washing step in the
production of chlorobenzenes. (F)
K107 Column bottoms from product separation from the production of 1,1-
dimethyihydrazine (UDMH) from carboxylic acid hydrazides. (C,T)
K108 Condensed column overheads from product separation and condensed
reactor vent gases from the production of 1-1-dimethylhydrazine (UDMH) from carboxylic
hydrazides. (I,T)
K109 Spent filter cartridges from product purification from the production of
1,1-dimethyl-hydrazine (UDMH) from carboxylic acid hydrazides. (F)
KilO Condensed column overheads from intermediate separation from the
production of 1, 1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. (1’)
Kill Product washwaters from the production of dinitrotoluene via nitration of
toluene. (C,T)
Ki 12 Reaction by-product water from the drying column in the production of
toluenediamine via hydrogenation of dinitrotoluene. (F)
Ki 13 Condensed liquid light ends from the purification of toluenediamine in the
production of toluenediamine via hydrogenation of dinitrotoluene. (F)
Kl 14 Vicinals from the purification of toluenediamine in the production of
toluenediamine via hydrogenation of dinitrotoluene. (F)
Ki 15 Heavy ends from the purification of toluenediamine in the production of
toluenediamine via hydrogenation of dinitrotoluene. (F)
KI 16 Organic condensate from the solvent recovery column in the production of
toluene diisocyanate via phosgenation of toluenediamine. (F)
K! 17 Wastewater from the reactor vent gas scrubber in the production of
ethylene dibromide via bromination of ethene. (F)
K! 18 Spent adsorbent solids from purification of ethylene dibromide in the
production of ethylene dibromide via bromination of ethene. (F)
K136 Still bottoms from the purification of ethylene dibromide in the
production of ethylene dibromide via bromination of ethene. (T)
K14 .O Floor sweepings, off-specification product and spent filter media from the
production of 2,4,6-tribromophenol. (F)
K149 Distillation bottoms from the production of alpha- (or methyl-) chlorinated
-------
toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these
functional groups, (Fhis waste does not include still bottoms from the distillation of benzyl
chloride.). (T)
K150 Organic residuals, 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. (F)
K151 Wastewater treatment 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. (I’)
K156 Organic waste (including 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.). (T)
K 157 Wastewaters (including 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.). (1’)
K158 Bag house dusts and 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.). (F)
K159 Organics from the treatment of thiocarbamate wastes. (F)
K161 Purification solids (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. (R,T)
Petroleum refining:
K169 Crude oil storage tank sediment from petroleum refining operations (1’)
K170 Clarified slurry oil tank sediment and/or in-line filter/separation solids
from petroleum refining operations (T)
K171 Spent hydrotreating catalyst from petroleum refining operations, including
guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include
inert support media). (!,T)
K172 Spent hydrorefining catalyst from petroleum refining operations,
including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not
include inert support media). (I,T)
Inorganic chemicals:
K071 Brine purification muds from the mercury cell process in chlorine
production, where separately prepurified brine is not used. (F)
K073 Chlorinated hydrocarbon waste from the purification step of the
diaphragm cell process using graphite anodes in chlorine production. (F)
K106 Wastewater treatment sludge from the mercury cell process in chlorine
production. (F)
Pesticides:
K03 1 By-product salts generated in the production of MSMA and cacodyl ic
acid. (F)
K032 Wastewater treatment sludge from the production of chlordane. (F)
K033 Wastewater and scrub water from the chlorination of cyclopentadiene in
the production of chlordane. (F)
K034 Filter solids from the filtration of hexachlorocyclopentadiene in the
production of chlordane. (F)
K035 Wastewater treatment sludges generated in the production of creosote.
(F)
K036 Still bottoms from toluene reclamation distillation in the production of
disulfoton. (F)
K037 Wastewater treatment sludges from the production of disulfoton. (1’)
K038 Wastewater from the washing and stripping of phorate production. (1’)
K039 Filter cake from the filtration of diethylphosphorodithioic acid in the
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production of phorate. (T)
K040 Wastewater treatment sludge from the production of phorate. (T)
K041 Wastewater treatment sludge from the production of toxaphene. (1’)
K042 Heavy ends or distillation residues from the distillation of
tetrachlorobenzene in the production of 2,4,5-T. (“F)
K043 2,6-Dichlorophenol waste from the production of 2,4-D. (T)
K097 Vacuum stripper discharge from the chlordane chlorinator in the
production of chlordane. (T)
K098 Untreated process wastewater from the production of toxaphene. (T)
K099 Untreated wastewater from the production of 2,4-D. (1’)
K123 Process wastewater (including supernates, filtrates, and washwaters) from
the production of ethylenebisdithiocarbamic acid and its salts. CT)
K124 Reactor vent scrubber water from the production of
ethylenebisdithiocarbamic acid and its salts. (C,T)
K125 Filtration, evaporation, and centrifugation solids from the production of
ethylenebisdithiocarbamic acid and it.s salts. (T)
K126 Baghouse dust and floor sweepings in milling and packaging operations
from the production or formulation of ethylenebisdithiocarbamic acid and its salts. (“F)
K131 Wastewater from the reactor and spent sulfuric acid from the acid dryer
from the production of methyl bromide. (C,T)
K132 Spent absorbent and wastewater separator solids from the production of
methyl bromide. (‘F)
Explosives:
K044 Wastewater treatment sludges from the manufacturing and processing of
explosives. (R)
K045 Spent carbon from the treatment of wastewater containing explosives. CR)
K046 Wastewater treatment sludges from the manufacturing, formulation, and
loading of lead-based initiating compounds. (T)
K047 Pink/red water from TNT operations. CR)
Petroleum refining:
K048 Dissolved air flotation (DAF) float from the petroleum refining industry.
m
K049 Slop oil emulsion solids from the petroleum refining industry. (‘F)
K050 Heat exchanger bundle cleaning sludge from the petroleum refining
industry. (T)
K051 API separator sludge from the petroleum refining industry. (“F)
K052 Tank bottoms (leaded) from the petroleum refining industry. (‘F)
Iron and Steel:
K061 Emission control dust/sludge from the primary production of steel in
electric furnaces. (‘F)
K062 Spent pickle liquor generated by steel finishing operations of facilities
within the iron and steel industry (SIC Codes 331 and 332). (C,T)
Primary copper:
K064 Acid plant blowdown slurry/sludge resulting from the thickening of
blowdown slurry from primary copper production. (‘F)
Primary lead:
K065 Surface impoundment solids contained in and dredged from surface
impoundments at primary lead smelting facilities. (‘1’)
Primary Zinc:
K066 Sludge from treatment of process wastewater and/ or acid plant blowdown
from primary zinc production. (‘F)
Primary aluminum:
K088 Spent potliners from primary aluminum reduction. (T)
Ferroalloys:
K090 Emission control dust or sludge from ferrochromium-silicon production.
(‘F)
K091 Emission control dust or sludge from ferrochromium production. (“F)
Secondary lead:
-------
K069 Emission control dust/sludge from secondary lead smelting. NOTE: This
listing does not include sludge generated from secondary acid scrubber systems provided the
primary air pollution control system is properly operated and maintained. Exempt sludge must
be evaluated to determine if it exhibits a characteristic of a hazardous waste. (T)
KlOO Waste leaching solution from acid leaching of emission control
dust/sludge from secondary lead smelting. (1’)
Veterinary pharmaceuticals:
K084 Wastewater treatment sludges generated during the production of
veterinary pharmaceuticals from arsenic or organo-arsenic compounds. (1’)
KiOl Distillation tar residues 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 activated carbon for decolorization in the
production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds. (1’)
Ink formulation:
K086 Solvent washes and 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. (1’)
Coking:
K060 Ammonia still lime sludge from coking operations. (F)
K087 Decanter tank tar sludge from coking operations. (1’)
K141 Process residues from the 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). (F)
K142 Tar storage tank residues from the production of coke from coal or from
the recovery of coke by-products produced from coal. (F)
K143 Process residues from the 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. (F)
K144 Wastewater sump residues from light oil refining, including, but not
limited to, intercepting or contamination sump sludges from the recovery of coke by-products
produced from coal. (F)
K145 Residues from naphthalene collection and recovery operations from the
recovery of coke by-products produced from coal. (F)
K147 Tar storage tank residues from coal tar refining. (F)
K148 Residues from coal tar distillation, including but not limited to, still
bottoms. (1’)
(4) 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 335-14-2-.O1(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 335-14-2-.04(4)(e) or (f).
(b) Any off-specification commercial chemical product or manufacturing chemical
intermediate which, if it met specifications, would have the generic name listed in
335-14-2-.04(4)(e) or (I).
-------
(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 335-14-2-.04(4)(e) or (f) unless the
container is empty as defined in 335-14-2-.01(7)(b).
[ 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, ADEM 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 335-14-
2-.04(4)(e) or (f), 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 335-14-2-.04(4)(e) or (tT).
[ 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 335-14-
2-.04(4)(e) or (f). Where a manufacturing process waste is deemed to be a
hazardous waste because it contains a substance listed in 335-14-2-.04(4)(e) or (f),
such waste will be listed in either 335-14-2-.04(2) or 335-14-2-.04(3), or will be
identified as a hazardous waste by the characteristics set forth in Rule 335-14-
2-.03.]
(e) The commercial chemical products, manufacturing chemical intermediates or off-
specification commercial chemical products or manufacturing chemical
intermediates referred to in 335-14-2-.04(4)(a) through (d), are identified as acute
hazardous wastes (H) and are subject to the small quantity exclusion defined in
335- 14-2-.01(5)(e).
[ Comment: For the convenience of the regulated community, the primary
hazardous properties of these materials have been indicated by the letters T
(Foxicity) 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:
Hazardous Waste No. Chemical Abstracts No. Substance
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)
P008 504-24-5 5-(Aminomethyl)-3-isoxazolol
P007 2763-96-4 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 3 AsO 4
P012 1327-53-3 Arsenic oxide As 2 0 3
P011 1303-28-2 Arsenic oxide As 2 0 5
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-(methyl-amino)
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)
POOl ‘81-81-2 2H- 1 -Senzopyran-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- I -(methylthio)-, 0-
[ methylamino)carbonyl] oxime
P021 592-01-8 Calcium cyanide
P021 592-01-8 Calcium cyanide Ca(CN) 2
P189 55282-14-8 Carbamic acid, [ (d ibutyl amino)-th io]methyl-2,3-
dihydro-2,2-dimethyl-7-benzofuranyl ester
P191 644-64-4 Carbainic acid, dimethyl-, 1- [ (dimethyl-amino)
carbonyl]-5-methyl-1 H-pyrozol-3-yl ester
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-(1-
methylethyl)-1 H-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)CI
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 0,0-Diethyl 0-pyrazinyl phosphorothioate
P191 644-64-4 Dimetilan
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P004 309-00-2 1 ,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachioro- I ,4,4a,5 ,8, 8a-hexahydro-, (1 alpha,4alpha,4abeta,Salpha, 8alpha, 8abeta)-
P060 465-73-6 1 ,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro- 1 ,4,4a,5,8, 8a-hexahydro-, (1 alpha,4alpha, 4abeta,5beta, 8beta,8abeta)-
P037 60-57-1 2,7:3 ,6-Dimethanonaphth [ 2,3-b]
oxirene,3 ,4,5 ,6,9,9-hexachloro- I a,2,2a,3,6,6a,7,7a-octahydro-, (1 alpha,2beta,
2alpha,3beta,6beta,6alpha,lbeta, 7alpha)-
P051 ‘72-20-8 2,7:3 ,6-Dimethanonaphth [ 2,3-b]
oxirene,3 ,4,5,6,9, 9-hexachloro- 1 a,2,2a, 3 ,6,6a,7,7a-octahydro-, (1 alpha,2beta,
2beta,3alpha,6alpha,6beta,7beta, 7alpha)-, & metabol ites
P044 60-51-5 Dimethoate
P046 122-09-8 alpha, alpha-Dimethylphenethylamine
P047 ‘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 298-044 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
P066 16752-77-5 Ethanimidothioic acid, N- [ [ (methylamino)
carbonyl] oxy]-, methyl ester
P194 23135-22-0 Ethanimidothioc acid, 2-(dimethylamino)-N-
[ [ (methylamino) carbonyl]-2-oxo]-, methyl ester
P101 107-12-0 Ethyl cyanide
P054 151-564 Ethyleneimine
P097 52-85-7 Famphur
P056 7782-41-4 Fluorine
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Fluoroacetic acid, sodium salt
P198 23422-53-9 Formetanate hydrochloride
P197 17702-57-7 Formparanate
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P059 76-44-8 Heptachlor
P062 757-58-4 Hexaethyl tetraphosphate
P116 79-19-6 Hydrazinecarbothioamide
P068 60-34-4 Hydrazine, methyl-
P063 74-90-8 Hydrocyanic acid
-------
P063 74-90-8 Hydrogen cyanide
P096 7803-51-2 Hydrogen phosphide
P060 465-73-6 Isodrin
P192 119-38-0 Isolan
P202 64-00-6 3-Isopropylphenyl N-methylcarbamate
P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-
P196 15339-36-3 Manganese, bis(dimethylcarbamodithioato-S ,S ‘)-,
P196 15339-36-3 Manganese dimethyldithiocarbamate
P092 62-38-4 Mercury, (acetato-O)phenyl-
P065 628-86-4 Mercury fulminate (R,T)
P198 23422-53-9 Methanimidamide, N,N-dimethyl-N’- [ 3-
[ [ (methylamino)-carbonyl]oxy]phenylJ.-, monohydrochloride
P197 17702-57-7 Methanimidamide, N,N-dimethyl -N’- [ 2-methyl -
4- [ [ (methylamino)carbonyl]oxi phenyl]-
P199 2032-65-7 Methiocarb
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-
P050 115-29-7 6,9-Methano-2,4,3-
benzodioxathiepin,6,7, 8,9,10, 10-hexachloro- I ,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-
P190 1129-41-5 Metolcarb
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
P128 315-8-4 Mexacarbate
P072 86-88-4 alpha-Naphthylthiourea
P073 13463-39-3 Nickel carbonyl
P073 13463-39-3 Nickel carbonyl Ni(CO) 4 , (T-4)-
P074 557-19-7 Nickel cyanide
P074 557-19-7 Nickel cyanide Ni(CN) 2
P075 ‘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 2
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 0s0 4 , (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 7-Oxabicyclo [ 2.2. 1]heptane-2,3-dicarboxylic acid
P194 2315-22-0 Oxamyl
P089 56-38-2 Parathion
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P128 315-18-4 Phenol, 4-(dimethylaniino)-3,5-dimethyl-,
methylcarbamate (ester)
P199 2032-65-7 Phenol, (3 ,5-dimethyl-4-(methylthio)-,
methylcarbainate
P048 51-28-5 Phenol, 2,4-dinitro-
-------
P047 ‘534-52-1
P202 64-00-6
P201 2631-37-0
carbamate
P020
P009
P092
P093
P094
P095
P096
P041
P039
(ethylthio)ethyl] ester
P094 298-02-2
[ (ethylthio)methyl] ester
P044 60-51-5
(methylamino)-2-oxoethyl] ester
P043 55-91-4
P089 56-38-2
nitrophenyl) ester
P040 297-97-2
ester
P097 52-85-7
sulfonyl] phenyl] 0,0-dimethyl ester
P071 298-00-0
nitrophenyl) ester
P204 57-47-6
P188 57-64-7
P110 78-00-2
P098 15 1-50-8
P098 151-50-8
P099 506-61-6
P070 116-06-3
[ (methylamino) carbonyl]oxime
P201 2631-37-0
P203 1646-884
[ (methylamino)carbonyl] oxime
P101 107-12-0
P027 542-76-7
P069 75-86-5
P081 55-63-0
P017 598-31-2
P102 107-19-7
P003 107-02-8
P005 107-18-6
P067 75-55-8
P102 107-19-7
P008 504-24-5
P075 ‘54-11-5
salts
P204 5747-6
2-methyl-4,6-dinitro, & salts
3-(1-methylethyl)-, methyl carbamate
3-methyl-5-(1 -methylethyl)-, methyl
Phenol, 2-(1 -methylpropyl)-4,6-dinitro-
Phenol, 2,4,6-trinitro-, ammonium salt (R)
Phenylmercury acetate
Phenyithiourea
Phorate
Phosgene
Phosphine
Phosphoric acid, diethyl 4-nitrophenyl ester
Phosphorodithioic acid, 0,0-diethyl S- [ 2-
Phosphorodithioic acid, O,O-d iethyl S-
Phosphorodithioic acid, 0,0-dimethyl S- [ 2-
Phosphorofluoridic acid, bis(1-methylethyl) ester
Phosphorothioic acid, 0,0-diethyl O-(4-
Phosphorothioic acid, 0,0-diethyl 0-pyrazinyl
Phosphorothioic acid, O- [ 4- [ (dimethylamino)
Phosphorothioic acid, 0,0,-dimethyl O-(4-
Physostigmine
Physostigmine salicylate
Plumbane, tetraethyl-
Potassium cyanide
Potassium cyanide K(CN)
Potassium silver cyanide
Propanal, 2-methyl-2-(methylthio)-, 0-
Promecarb
Propanal, 2-, methyl-2-(methyl-sulfonyl)-, 0-
Propanenitrile
Propanenitrile, 3-chioro-
Propanenitrile, 2-hydroxy-2-methyl-
I ,2,3-Propanetriol, trinitrate (R)
2-Propanone, 1 -bromo-
Propargyl alcohol
2-Propenal
2-Propen- 1 -ol
1 ,2-Propylenimine
2-Propyn- 1 -ol
4-Pyridinamine
Pyridine, 3-( 1 -methyl-2-pyrrol id inyl)-, (S)-, and
Phenol,
Phenol,
Phenol,
88-85-7
131-74-8
62-38-4
103-85-5
298-02-2
75-44-5
7803-51-2
311-45-5
298-044
Pyrrolo [ 2,3-b]indol-5-ol, I ,2,3,3a,8,8a-
hexahydro- I ,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 ‘57-24-9 Strychnidin-lO-one, and salts
P018 357-57-3 Strychnid in-I 0-one, 2,3-dimethoxy-
P108 ‘57-24-9 Strychnine, & salts
P115 7446-18-6 Sulfuric acid, dithallium(l +) 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 ThalliumoxideT l 2 O 3
P114 12039-52-0 Thallium(1) selenite
P115 7446-18-6 Thallium(l) sulfate
P109 3689-24-5 Thiodiphosphoric acid, tetraethyl ester
P045 39196-18-4 Thiofanox
P049 541-53-7 Th ioimidod icarbonic diamide [ (H 2 N)C(S)] 2 NH
P014 108-98-5 Thiophenol
P116 79-19-6 Thiosemicarbazide
P026 5344-82-1 Thiourea, (2-chlorophenyl)-
P072 86-88-4 Thiourea, 1-naphthalenyl-
P093 103-85-5 Thiourea, phenyl-
P185 26419-73-8 Tirpate
P123 8001-35-2 Toxaphene
P118 75-70-7 Trichloromethanethiol
P119 7803-55-6 Vanadic acid, ammonium salt
P120 1314-62-1 Vanadium oxide V 2 0 5
P120 1314-62-1 Vanadium pentoxide
P084 4549-40-0 Vinylamine, N-methyl-N-nitroso-
P001 ‘81-81-2 Warfarin, & salts, when present at concentrations
greater than 0.3%
P205 137-30-4 Zinc, bis(dimethylcarbamodithioato-S ,S ‘)-,
P121 557-21-1 Zinc cyanide
P121 557-21-1 Zinc cyanide Zn(CN) 2
P122 13 14-84-7 Zinc phosphide Zn 3 P 2 , when present at
concentrations greater than 10% (R,T)
P205 137-30-4 Ziram
CAS Number given for parent compound only.
(1) The commercial chemical products, manufacturing chemical intermediates, or off-
specification commercial chemical products referred to in 335-14-2-.04(4)(a)
through (d), are identified as toxic wastes (T) unless otherwise designated and are
subject to the small quantity exclusion defined in 14-2-.0i(5)(a) and (g).
These wastes and their corresponding EPA Hazardous Waste Numbers are:
Hazardous Waste No. Chemical Abstracts No. Substance
U394 30558-43-1 A2213
U001 75-07-0 Acetaldehyde (I)
U034 75-87-6 Acetaldehyde, trichloro-
Ui 87 62-44-2 Acetamide, N-(4-ethoxyphenyl)-
U005 53-96-3 Acetamide, N-9H-fluoren-2-yl-
U240 ‘94-75-7 Acetic acid, (2,4-dichiorophenoxy)-, salts & esters
U ii 2 141-78-6 Acetic acid ethyl ester (I)
-------
U144 301-04-2
U214 563-68-8
See F027 93-76-5
U002 67-64-1
U003 75-05-8
U004 98-86-2
U005 53-96-3
U006 75-36-5
U007 79-06-1
U008 79-10-7
U009 107-13-1
U011 61-82-5
U012 62-53-3
U136 75-60-5
U014 492-80-8
U015 115-02-6
U010 50-07-7
amino-8- [ [ (aminocarbonyl)oxy]methyl]-
(1 alpha, 8beta,8aalpha,8balpha)]-
U280 101-27-9
U278 22781-23-3
U364 22961-82-6
U271 17804-35-2
U157 56-49-5
U016 225-51-4
U017 98-87-3
U192 23950-58-5
propynyl)-
U01 8 56-55-3
U094 57-97-6
U012 62-53-3
U014 492-80-8
U049 3 165-93-3
U093 60-11-7
U328 95-53-4
U353 10649-0
U158 101-144
U222 636-21-5
U181 99-55-8
U019 71-43-2
U038 510-15-6
alpha-hydroxy-,ethyl ester
U030 101-55-3
U035 305-03-3
U037 108-90-7
U221 2537645-8
U028 117-81-7
U069 84-74-2
U088 84-66-2
U102 131-11-3
U107 117-84-0
U070 95-50-1
U071 541-73-1
U072 10646-7
U060 72-54-8
U017 98-87-3
U223 26471-62-5
U239 1330-20-7
Acetic acid, lead(2+) salt
Acetic acid, thallium(1 +) salt
Acetic acid, (2,4,5-trichloro phenoxy)-
Acetone (I)
Acetonitrile (I,T)
Acetophenone
2-Acetylaminofluorene
Acetyl chloride (C,R,T)
Acrylamide
Acrylic acid (I)
Acrylonitrile
Amitrole
Aniline (I,T)
Arsinic acid, dimethyl-
Auramine
Azaserine
Azirino [ 2’ ,3 ‘:3 ,4]pyrrolo [ 1 ,2-a] indole-4,7-dione, 6-
1,1 a,2,8,8a, 8b-hexahydro-8a-methoxy-5-methyl-, [ laS-
Barban
Bendiocarb
Bend iocarb phenol
Benomyl
Benz [ j]aceanthrylene, 1 ,2-dihydro-3-methyl-
Benz [ c]acridine
Benzal chloride
Benzamide, 3 ,5-dichloro-N- (1,1 -dimethyl-2-
Benz [ a]anthracene
Benz [ a]anthracene, 7,12-dimethyl-
Benzenamine (1,1)
Benzenamine, 4,4’ -carbonimidoylbis [ N ,N-d imethyl-
Benzenamine, 4-chloro-2-methyl-,hydrochloride
Benzenamine, N,N-dimethyl-4-(,phenylazo)-
Benzenamine, 2-methyl-
Benzenamine, 4-methyl-
Benzenamine, 4,4’-methylenebis [ 2-chloro-
Benzenamine, 2-methyl-,hydrochloride
Benzenamine, 2-methyl-5-nitro-
Benzene (I,T)
Benzeneacetic acid, 4-chloro-alpha- (4-chlorophenyl)-
Benzene, 1 -bromo-phenoxy-
Benzenebutanoic acid, 4- [ bis(2-chloroethyl)amino]-
Benzene, chloro-
Benzenediamine, ar-methyl-
I ,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester
1 ,2-Benzenedicarboxylic acid, dibutyl ester
1 ,2-Benzenedicarboxylic acid, diethyl ester
1 ,2-Benzenedicarboxylic acid, dimethyl ester
1 ,2-Benzenedicarboxylic acid, dioctyl ester
Benzene, 1 ,2-dichloro-
Benzene, 1 ,3-dichloro-
Benzene, 1 ,4-dichloro-
Benzene, 1,1’ -(2,2-dichloroethyli-dene)bis [ 4-chloro-
Benzene, (dichioromethyl)-
Benzene, 1 ,3-diisocyanatomethyl- (R,T)
Benzene, dimethyl-(1,T)
-------
108-46-3
118-74-I
110-82-7
108-88-3
12 1-14-2
606-20-2
98-82-8
98-95-3
608-93-5
82-68-8
98-09-9
98-09-9
95-94-3
50-29-3
98-07-7
99-35-4
92-87-5
‘81-07-2
94-59-7
120-58-1
94-58-6
22781-23-3
1 ,3-Benzenediol
Benzene, hexachloro-
Benzene, hexahydro- (I)
Benzene, methyl-
Benzene, 1 -methyl-2,4-dinitro-
Benzene, 2-methyl-i ,3-dinitro-
Benzene, (1-methylethyl)- (I)
Benzene, nitro-
Benzene, pentachloro-
Benzene, pentachloronitro-
Benzenesulfonic acid chloride (C,R)
Benzenesulfonyl chloride (C,R)
Benzene, I ,2,4,5-tetrachloro-
Benzene, 1,1 ‘-(2,2,2-trichloroethylidene)bis [ 4-
Benzene, 1,1 ‘-(2,2,2-trichloroethylidene)bis [ 4-
Benzene, (trichloromethyl)-
Benzene, 1 ,3,5-trinitro-
Benzid me
1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts
I ,3-Benzodioxote, 5-(2-propenyl)-
1 ,3-Benzodioxole, 5-(1 -propenyl)-
I ,3-Benzodioxole, 5-propyl-
1 ,3-Benzodioxol-4-ol ,2,2-dimethyl-, methyl
n-Butyl alcohol (1)
Cacodylic acid
Calcium chromate
Carbamic acid, ethyl ester
Carbamic acid, methylnitroso-, ethyl ester
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester
Carbamic acid, [ 1 - [ (butylamino)carbonyl]- 1 H-
U201
Ui 27
U056
U220
U 105
Ui 06
U055
U 169
UI 83
Ui 85
U020
U020
U207
U06 1
chloro-
U247 72-43-5
methoxy-
U023
U234
U02 I
U202
U203
U 141
U090
U278
carbamate
U364 22961-82-6 1 ,3,Benzodioxol-4-ol ,2,2-dimethyl-,
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-
U 064 189-55-9 Benzo [ rst]pentaphene
U248 ‘81-81-2 2H- 1 -Benzopyran-2-one, 4-hydroxy-3- (3-oxo- I -
phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less
U022 50-32-8 Benzo [ a]pyrene
Ui97 106-51-4 p-Benzoquinone
U023 98-07-7 Benzotrichloride (C,R,T)
U085 1464-53-5 2,2’-Bioxirane
U02 1 92-87-5 [ 1,1 ‘-Biphenyl]-4,4’-diamine
U073 91-94-1 [ 1,1 ‘-Biphenyl]-4,4’-diamine, 3,3 ‘-dichioro-
U091 119-90-4 [ 1,1 ‘-Biphenyl]-4,4’-diamine, 3,3’-dimethoxy-
U095 119-93-7 [ 1,1 ‘-Biphenyl]-4,4’-diamine, 3,3 ‘-dimethyl-
U225 75-25-2 Bromoform
U030 101-55-3 4-Bromophenyl phenyl ether
U 128 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)
U 159 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)
Ui 43 303-34-4 2-Butenoic acid, 2-methyl-,7- [ [ 2,3-dihydroxy-2-(1 -
methoxyethyl)-3-methyl- I -oxobutoxy]methyl]-2,3 ,5,7a-tetrahydro- 1 H-pyrrol izin- 1 -yl ester,
[ 1S- [ i alpha(Z),7(2S*,3R*),7aalpha]].
U031 71-36-3
U136 75-60-5
U032 13765-19-0
U238 51-79-6
U178 615-53-2
U372 10605-21-7
U271 17804-35-2
-------
benzimidazol-2-yl], methyl ester
U280 101-27-9 Carbamic acid, (3-chiorophenyl)-, 4-chloro-2-butynyl
ester
U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester
U409 23564-05-8 Carbamic acid, [ 1 ,2-phenylene bis
(iminocarbonothiol)]bis-, dimethyl ester
U097 79-44-7 Carbamic chloride, dimethyl-
U114 ‘111-54-6 Carbamodithioic acid, 1,2-ethane-diylbis-, salts &
esters
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-
dichioro- 2-propenyl) ester
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-
trichloro-2-propenyl) ester
LJ387 52888-80-9 Carbamothioic acid, dipropyl-, S- henylmethyl)
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)
U2 11 56-23-5 Carbon tetrachioride
U034 75-87-6 Chlora l
U035 305-03-3 Chlorambucil
U036 57-74-9 Chlordane, alpha & gamma isomers
U026 494-03-1 Ch lornaphazine
U037 108-90-7 Chlorobenzene
U038 510-15-6 Chlorobenzilate
U039 59-50-7 p-Ch loro-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 2 CrO 4 , calcium salt
U050 218-01-9 Chrysene
U05 1 Creosote
U052 1319-77-3 Cresol (Cresylic acid)
U053 4 170-30-3 Crotonaldehyde
U055 98-82-8 Cumene (I)
U246 506-68-3 Cyanogen bromide (CN)Br
U 197 106-51-4 2,5-Cyclohexad iene- 1 ,4-dione
U056 110-82-7 Cyclohexane (I)
U 129 58-89-9 Cyclohexane, 1 ,2,3,4,5,6-hexa-chloro-, (laipha,
2alpha,3beta,4a lpha,5alpha,6beta)-
U057 108-94-1 Cyclohexanone (I)
Ui 30 77-47-4 1 ,3-Cyclopentadiene, 1 ,2,3,4,5,5-hexachloro-
U058 50-18-0 Cyclophosphamide
U240 ‘94-75-7 2,4-D, salts and esters
U059 20830-81-3 Daunomycin
U060 72-54-8 DDD
U061 50-29-3 DDT
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz [ a,h]anthracene
U064 189-55-9 Dibenzo [ a,i]pyrene
U066 96-12-8 1 ,2-Dibromo-3-chloropropane
-------
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 p-Dichlorobenzene
U073 91-94-1 3,3’ -Dichlorobenzidine
U074 764-41-0 1 ,4-Dichloro-2-butene (1,T)
U075 75-71-8 Dichlorodifluoromethane
U078 75-35-4 1,1 -Dichloroethylene
U079 156-60-5 1 ,2-Dichloroethylene
U025 11144-4 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-Dich lorophenol
U084 542-75-6 1 ,3-Dichloropropene
U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)
U395 5952-26-1 Diethylene glycol, dicarbamate
U 108 123-91-1 1 ,4-Diethyleneoxide
U028 117-81-7 Diethylhexyl phthalate
U086 16 15-80-1 N,N ‘-Diethyihydrazine
U087 3288-58-2 0,0-Diethyl S-methyl dithiophosphate
U088 84-66-2 Diethyl phthalate
U089 56-53-1 Diethylstilbesterol
U090 94-58-6 Dihydrosafrole
U091 119-90-4 3,3’-Dimethoxybenzidine
U092 124-40-3 Dimethylamine (I)
U093 60-11-7 p-Dimethylaminoazobenzene
U094 57-97-6 7,1 2-Dimethylbenz [ a]anthracene
U095 119-93-7 3,3 ‘-Dimethylbenzidine
U096 80-15-9 alpha,alpha-Dimethylbenzylhydro-peroxide (R)
U097 7944-7 Dimethylcarbamoyl chloride
U098 57-14-7 1,1 -Dimethylhydrazine
U099 540-73-8 1 ,2-Dimethylhydrazine
UlOl 105-67-9 2,4-Dimethylphenol
U102 131-11-3 Dimethylphtha late
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-Dipheny lhydrazine
UI 10 142-84-7 Dipropylamine (I)
Ull 1 621-64-7 Di-n-propylnitrosamine
U041 106-89-8 Epichlorohydrin
U001 75-07-0 Ethanal (I)
U 174 55-18-5 Ethanamine, N-ethy!-N-nitroso-
U404 121-44-8 Ethanamine, N,N-diethyl-
U 155 91-80-5 1 ,2,Ethanediamine, N,N-dimethyl-N ‘-2-pyridinyl-N
(2-thienyl-methyl)-
U067 106-93-4 Ethane, 1 ,2-dibromo-
U076 75-34-3 Ethane, 1,1 -dichloro-
U077 107-06-2 Ethane, 1 ,2-dichloro-
U131 67-72-1 Ethane, hexachloro-
U024 111-91-1 Ethane, 1,1 ‘- [ methylenebis(oxy)]bis [ 2-chloro-
U117 60-29-7 Ethane, l,1’-oxybis- (I)
U025 111-44-4 Ethane, 1,1’-oxybis [ 2-chloro-
U184 76-01-7 Ethane, pentachloro-
U208 630-20-6 Ethane, 1,1,1 ,2-tetrachloro-
-------
18883-664
765-344
70-25-7
118-74-1
87-68-3
77-47-4
67-72-1
70-304
1888-71-7
302-01-2
1615-80-1
57- 14-7
540-73-8
122-66-7
7664-39-3
U209 79-34-5
U218 62-55-5
U226 71-55-6
U227 79-00-5
U410 59669-26-0
carbonyloxy]]bis-, dimethyl ester
U394 3055843-1
hydroxy-2-oxo-, methyl ester
U359 110-80-5
U173 1116-54-7
U004 98-86-2
U395 5952-26-1
U043 75-014
U042 110-75-8
U078 75-354
U079 156-60-5
U210 127-18-4
U228 79-01-6
U112 141-78-6
U113 140-88-5
U238 51-79-6
U117 60-29-7
U114 ‘111-54-6
U067 106-934
U077 107-06-2
U359 110-80-5
U115 75-21-8
U116 9645-7
U076 75-34-3
U118 97-63-2
U119 62-50-0
U120 206-44-0
U122 50-00-0
U123 64-18-6
U124 110-00-9
U125 98-01-1
U147 108-31-6
U213 109-99-9
U125 98-01-1
U124 110-00-9
U206 18883-66-4
nitrosoureido)-, D-
U206
carbonyl]amino]-
Ui 26
UI 63
Ui 27
U 128
Ui 30
U131
Ui 32
U243
Ui 33
U086
U098
U099
U 109
UI 34
Ethane, 1,1 ,2,2-tetrachloro-
Ethanethioamide
Ethane, 1,1,1 -trichloro-
Ethane, 1,1 ,2-trichloro-
Ethaninidothioic acid, N,N’- [ thiobis [ (methylimino)
Ethanimidothioic acid, 2-(dimethylamino)-N-
Ethanol, 2-ethoxy-
Ethanol, 2,2’-(nitrosoimino)bis-
Ethanone, 1-phenyl-
Ethanol, 2,2’-oxybis-, dicarbamate
Ethene, chloro-
Ethene, (2-chioroethoxy)-
Ethene, 1,1-dichloro-
Ethene, 1 ,2-dichloro-, (E)-
Ethene, tetrachloro-
Ethene, trichioro-
Ethyl acetate (I)
Ethyl acrylate (1)
Ethyl carbamate (urethane)
Ethyl ether (I)
Ethylenebisdithiocarbamic acid, salts & esters
Ethylene dibromide
Ethylene dichloride
Ethylene glycol monoethyl ether
Ethylene oxide (1,T)
Ethylenethiourea
Ethylidene dichioride
Ethyl methacrylate
Ethyl methanesulfonate
Fluoranthene
Formaldehyde
Formic acid (C,T)
Furan (1)
2-Furancarboxaldehyde (I)
2,5-Furandione
Furan, tetrahydro- (I)
Furfural (I)
Furfuran (I)
Glucopyranose, 2-deoxy-2-(3-methyl-3-
D-Glucose, 2-deoxy-2- [ [ (methyl-nitrosoamino)-
Glycidylaldehyde
Guanidine, N-methyl-N ‘-nitro-N-nitroso
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexachlorophene
Hexachloropropene
Hydrazine (R,T)
Hydrazine, I ,2-diethyl-
Hydrazine, 1, 1-dimethyl-
Hydrazine, 1 ,2-dimethyl-
Hydrazine, 1 ,2-diphenyl-
Hydrofluoric acid (C,T)
-------
U134 7664-39-3 Hydrogen fluoride (C,T)
U135 7783-06-4 Hydrogen sulfide
U135 7783-06-4 Hydrogen sulfide H2S
U096 80-15-9 Hydroperoxide, i-methyl-l-phenylethyl- (R)
Ui 16 96-45-7 2-Imidazolidinethione
Ui 37 193-39-5 Indeno [ 1 ,2,3-cd]pyrene
U 190 85-44-9 1 ,3-lsobenzofurandione
U140 78-83-1 Isobutyl alcohol (1,1’)
U141 120-58-1 Isosafrole
U142 143-50-0 Kepone
UI 43 303-34-4 Lasiocarpine
U 144 301-04-2 l Lead acetate
U 146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytri-
U 145 7446-27-7 Lead phosphate
U 146 1335-32-6 Lead subacetate
U 129 58-89-9 Lindane
U 163 70-25-7 MNNG
U147 108-31-6 Maleic anhydride
U148 123-33-1 Maleic hydrazide
U 149 109-77-3 Malononitrile
U150 148-82-3 Melphalan
U 151 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, chioro- (I,T)
U046 107-30-2 Methane, chioromethoxy-
U068 74-95-3 Methane, dibromo-
U080 75-09-2 Methane, dichloro-
U075 75-71-8 Methane, dichlorodifluoro-
U138 74-88-4 Methane, iodo-
UI 19 62-50-0 Methanesulfonic acid, ethyl ester
U2 11 56-23-5 Methane, tetrachloro-
U153 74-93-1 Methanethiol (I,T)
U225 75-25-2 Methane, tribromo-
U044 67-66-3 Methane, trichloro-
U 121 75-694 Methane, trichlorofluoro-
U036 57-74-9 4,7-Methano- I H-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
U 142 143-50-0 1 ,3,4-Metheno-2H-cyclobuta [ cd]pentalen-2-one,
1,1 a,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
U 157 56-49-5 3-Methylcholanthrene
UI 58 101-144 4,4’-Methylenebis(2-chloroaniline)
U068 74-95-3 Methylene bromide
U080 75-09-2 Methylene chloride
U 159 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
Ul61 108-10-1 Methyl isobutyl ketone (I)
-------
U 162 80-62-6 Methyl methacrylate (I,T)
U 161 108-10-1 4-Methyl-2-pentanone (I)
U164 56-04-2 Methylthiouracil
U010 50-07-7 Mitomycin C
U059 20830-81-3 5,1 2-Naphthacenedione, 8-acetyl- 1 0 [ (3-amino-2,3 ,6-
trideoxy)-alpha-L-Iyxo-hexopyranosyl)oxy]-7, 8,9, 10-tetrahydro-6, 8,11 -trihydroxy- 1 -methoxy-,
(8S-cis)-
U 167 134-32-7 1-Naphthalenamine
U 168 9 1-59-8 2-Naphtha lenamine
U026 494-03-1 Naphthalenamine, N,N’ -bis(2-chloroethy l)-
U 165 9 1-20-3 Naphthalene
U047 91-58-7 Naphthalene, 2-chioro-
U166 130-15-4 1,4-Naphthalenedione
U236 72-57-1 2,7-Naphthalenedisulfonic acid, 3,3’ - [ (3,3 ‘-d imethyl
[ 1,1’ -biphenyl]-4,4’ -diyl)bis(azo)bis [ 5-amino-4-hydroxy]-, tetrasodium salt
U279 63-25-2 1-Naphthalenol, methylcarbamate
U166 130-15-4 1,4,Naphthaquinone
U 167 134-32-7 alpha-Naphthylamine
U168 91-59-8 beta-Naphthy lamine
U217 10102-45-1 Nitric acid, thallium(1 +) salt
U 169 98-95-3 Nitrobenzene (I,T)
U170 100-02-7 p-Nitropheno l
U17 1 79-46-9 2-Nitropropane (I,T)
U 172 924-16-3 N-Nitrosodi-n-butylamine
U173 1116-54-7 N-Nitrosodiethanolamine
U 174 55-18-5 N-Nitrosodiethylamine
Ui 76 759-73-9 N-Nitroso-N-ethylurea
U 177 684-93-5 N-Nitroso-N-methylurea
U 178 6 15-53-2 N-Nitroso-N-methylurethane
U 179 100-75-4 N-Nitrosopiperidine
Ui 80 930-55 -2 N-Nitrosopyrro lidine
U181 99-55-8 5-Nitro-o-to luidine
UI 93 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
UI 15 75-21-8 Oxirane (I,T)
U 126 765-34-4 Oxiranecarboxyaldehyde
U041 106-89-8 Oxirane, (chloromethyl)-
UI 82 123-63-7 Paraldehyde
Ui 83 608-93-5 Pentachlorobenzene
Ui 84 76-01-7 Pentachloroethane
U 185 82-68-8 Pentachloronitrobenzene (PCNB)
See F027 87-86-5 Pentachlorophenol
Ui6i 108-10-1 Pentanol, 4-methyl-
Ui 86 504-60-9 1 ,3-Pentadiene (I)
U 187 62-44-2 Phenacetin
Ui88 108-95-2 Phenol
U048 95-57-8 Phenol, 2-chloro-
U4i 1 114-26-1 Phenol, 2-(i-methylethoxy)-, methylcarbamate
U039 59-50-7 Phenol, 4-chloro-3-methyl-
U08i 120-83-2 Phenol, 2,4-dichloro-
U082 87-65-0 Phenol, 2,6-dichloro-
U089 56-53-i Phenol, 4,4’ -(1 ,2-d iethyl- 1 ,2-ethened iyl)bis-, (E)-
UlOl 105-67-9 Phenol, 2,4-dimethyl-
U052 13 19-77-3 Phenol, methyl-
U 132 70-30-4 Phenol, 2,2’-methylenebis [ 3,4,6-trichloro-
Ui70 100-02-7 Phenol, 4-nitro-
See F027 87-86-5 Phenol, pentachloro-
-------
See F027 58-90-2 Phenol, 2,3,4,6-tetrachioro-
See F027 95-95-4 Phenol, 2,4,5-trichloro-
See F027 88-06-2 Phenol, 2,4,6-trichioro-
Ui 50 148-82-3 L-Phenylalanine, 4- [ bis(2-chloroethyl)amino]-
U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)
U087 3288-58-2 Phosphorodithioic acid, 0,0-diethyl S-methyl ester
U189 1314-80-3 Phosphorous sulfide (R)
U190 85-44-9 Phthalic anhydride
U191 109-06-8 2-Picoline
U179 100-75-4 Piperidine, 1-nitroso-
Ui 92 23950-58-5 Pronamide
U194 107-10-8 i-Propanamine (I,T)
Ulli 621-64-7 1-Propanamine, N-nitroso-N-propyl-
UI 10 142-84-7 1-Propanamine, N-propyl- (I)
U066 96-12-8 Propane, 1 ,2-dibromo-3-chloro-
U083 78-87-5 Propane, 1,2-dichioro-
U149 109-77-3 Propanedinitrile
U171 79-46-9 Propane, 2-nitro- (I,T)
U027 108-60-1 Propane, 2,2’ -oxybis [ 2-chloro-
U193 1120-71-4 1,3-Propane sultone
See F027 93-72-1 Propanoic acid, 2-(2,4,5-trichloro-phenoxy)-
U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1)
U140 78-83-1 1-Propanol, 2-methyl-(!,T)
U002 67-64-1 2-Propanone (I)
U007 79-06-1 2-Propenamide
U084 542-75-6 1-Propene, I ,3-dichloro-
U243 1888-71-7 1 -Propene, 1,1,2,3,3 ,3-hexachloro-
U009 107-13-I 2-Propenenitrile
UI 52 126-98-7 2-Propenenitrile, 2-methyl-(1,T)
U008 79-10-7 2-Propenoic acid (I)
UI 13 140-88-5 2-Propenoic acid, ethyl ester (I)
UI 18 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-I Propoxur
U194 107-10-8 n-Propylamine (I,T)
U083 78-87-5 Propylene dichioride
U387 52888-80-9 Prosulfocarb
U 148 123-33-1 3,6-Pyridazinedione, I ,2-dihydro-
U196 110-86-1 Pyridine
U191 109-06-8 Pyridine, 2-methyl-
U237 66-75-1 2,4-( 1 H ,3H)-Pyrimidiriedione, 5- [ bis (2-chloroethyl)
amino]-
U 164 56-04-2 4(1 H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-th ioxo-
Ui 80 930-55-2 Pyrrol idine, 1 -nitroso-
U200 50-55-5 Reserpine
U201 108-46-3 Resorcinol
U202 ‘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 2 (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
Ui03 77-78-1 Sulfuric acid, dimethyl ester
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U189 13 14-80-3 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(1) acetate
U215 6533-73-9 Thallium(I) carbonate
U216 7791-12-0 Thallium(t) chloride
U216 7791-12-0 Thallium chloride TICI
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 d iamide [ (H 2 N)C(S)] 2 S 2 ,
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
U01 1 61-82-5 1H-1,2,4-Triazol-3-amine
U408 118-79-6 2,4,6-Tribromophenol
U227 79-00-5 1,1 ,2-Trichloroethane
U228 79-01-6 Trichloroethylene
U121 75-694 Trichloromonofluoromethane
See F027 95-954 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 75-014 Vinyl chloride
U248 ‘81-81-2 Warfarin, & salts, when present at concentrations of
0.3% or less
U239 1330-20-7 Xylene (1)
U200 50-55-5 Yoh imban- I 6-carboxylic acid, 11,1 7-dimethoxy- 18-
[ (3,4,5-trimethoxy-benzoyl)oxy]-, methyl ester, (3beta, l6beta, l7alpha,l8beta, 2oalpha)-
U249 1314-84-7 Zinc phosphide, Zn 3 P 2 , when present at
concentrations of 10% or less
CAS Number given for parent compound only.
(5) [ 1 eserved ]
(6) 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 335-14-2-.04(6)(b) and (c). 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 which minimizes or eliminates the escape of
hazardous waste or constituents, leachate, contaminated drippage, or hazardous
waste decomposition products to the groundwater, 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 paragraph;
(ii) Prepare and follow an equipment replacement plan and replace equipment
in accordance with this paragraph; or
(iii) Document cleaning and replacement in accordance with this paragraph,
carried out after termination of use of chlorophenolic preservatives.
2. Cleaning Requirements.
(i) Prepare and sign a written equipment cleaning plan that describes:
(I) The equipment to be cleaned;
(H) How the equipment will be cleaned;
(III) The solvent to be used in cleaning;
( IV) How solvent rinses will be tested; and
(V) How cleaning residues will be disposed.
(ii) Equipment must be cleaned as follows:
(1) Remove all visible residues from process equipment;
(II) Rinse process equipment with an appropriate solvent until dioxins and
dibenzofurans are not detected in the final solvent rinse.
(iii) Analytical requirements.
(I) Rinses must be tested in accordance with SW-846, Method 8290.
(H) “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
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waste.
3. Replacement requirements.
(i) Prepare and sign a written equipment replacement plan that describes:
(I) The equipment to be replaced;
(II) How the equipment will be replaced; and
(HI) 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 paragraph and occurred after cessation
of use of chiorophenolic 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 335-14-2-.04(6) was cleaned or replaced as
represented in the equipment cleaning and replacement plan and accompanying
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documentation. I am aware that there are significant penalties for providing
false information, including the possibility of fine or imprisonment.
(7) [ Reserved ]
(8) [ Reserved ]
(9) 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/lb. (11,500
J/g).
(ii) Viscosity. The viscosity must not exceed 50 cs, as-fired.
2. Constituent specifications. For compounds listed in Table 1 of 335-14-2-.04(9)
the specification levels and, where non-detect is the specification, minimum
required detection limits are as listed in 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 I 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
335-14-2-Appendix VIII constituents.
TABLE 1: DETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE
FUEL SPECIFICATION
Chemical name CAS No. Concentra-tion limit (mg/kg
at 10,000 BTU/lb) Minimum required detection limit (mg/kg)
Total Nitrogen as N na 4900
Total Halogens as Cl na 544)
Total Organic Halogens as Cl na 25 or individual halogenated
organics listed below.
Polychlorinated biphenyls, total (Arocolors, total] a 1336-36-3 Non-detect 1.4
Cyanide, total 57-12-5 Non-detect 1.0
Metals:
Antimony, total 7440-36-0 7.9
Arsenic, total 7440-38-2 0.23
Barium, total 7440-39-3 23
Beiyllium, total 7440-41-7 1.2
Cadmium, total 7440-43-9 1.2
Chromium, total 7440-47-3 2.3
-------
Cobalt 7440-484 4.6
Lead, total 7439-92-1 31
Manganese 7439-96-5 1.2
Mercury, total 7439-97-6 0.24
Nickel, total 7440-02-0 58
Selenium, total 7782-49-2 0.15
Silver, total 7440-22-4 2.3
Thallium, total 7440-28-0 23
Hydrocarbons:
Benzo [ a]anthracene 56-55-3 1100
Benzene 7143-2 4100
Benzo [ b]fluoranthene 205-99-2 960
Benzo [ k]fluoranthene 207-08-9 1900
Benzo [ a]pyrene 50-32-8 960
Chrysene 218-01-9 1400
Dibenzo [ a,h]anthracene 53-70-3 960
7,12-Dimethylbenz [ a] anthracene 57-97-6 1900
Fluoranthene 206-44-0 1900
Indeno(1 ,2,3-cd)pyrene 193-39-5 960
3-Methylcholanthrene 56-49-5 1900
Naphthalene 91-20-3 3200
Toluene 108-88-3 36000
Oxygetes:
Acetophenone 98-86-2 1900
Acrolein 107-02-8 37
Allyl alcohol 107-18-6 30
Bis(2-ethylhexyl)phthalate [ Di-2-ethylhexyl phthalate] 117-81-7 1900
Butyl benzyl phthalate 85-68-7 1900
o-Cresol [ 2-Methyl phenol] 95-48-7 220
m-Cresol [ 3-Methyl phenol] 108-394 220
p-Cresol [ 4-Methyl phenol] 106-44-5 220
Di-n-butyl phthalate 84-74-2 1900
Diethyl phthalate 84-66-2 1900
2,4-Dimethylphenol 105-67-9 1900
Dimethyl phthalate 131-11-3 1900
Di-n-octyl phthalate 117-84-0 960
Endothall 145-73-3 100
Ethyl methacrylate 97-63-2 37
2-Ethoxyethanol [ Ethylene glycol monoethyl ether] 110-80-5 100
Isobutyl alcohol 78-83-1 37
Isosafrole 120-58-1 1900
Methyl ethyl ketone [ 2-Butanone] 78-93-3 37
Methyl methacrylate 80-62-6 37
1,4-Naphthoquinone 130-154 1900
Phenol 108-95-2 1900
Propargyl alcohol [ 2-Propyn-l-ol] 107-19-7 30
Safrole 94-59-7 1900
Sulfoted Organics:
Carbon disulfide 75-15-0 Non-detect 37
Disulfoton 298-044 Non-detect 1900
Ethyl methanesulfonate 62-50-0 Non-detect 1900
Methyl methanesulfonate 66-27-3 Non-detect 1900
Phorate 298-02-2 Non-detect 1900
1,3-Propane sultone 1120-714 Non-detect 100
Tetraethyldithiopyrophosphate [ Sulfotepp] 3689-24-5 Non-detect 1900
Thiophenol [ Benzenethiol] 108-98-5 Non-detect 30
O,O,O-Tnethyl phosphorothioate 126-68-1 Non-detect 1900
Nitrogenated Organics:
Acetonitrile [ Methyl cyanide] 75-05-8 Non-detect 37
2-Acetylaminofluorene [ 2-AAF] 53-96-3 Non-detect 1900
Acrylonitrile 107-13-1 Non-detect 37
4-Aininobiphenyl 92-67-1 Non-detect 1900
4-Aminopyridine 504-24-5 Non-detect 100
Aniline 62-53-3 Non-detect 1900
-------
Benzidine 92-87-5 Non-detect 1900
Dibenz [ a,j]acridine 224-42-0 Non-detect 1900
0,0-Diethyl O-pyrazinyl phophoro-thioate [ Thionazin] 297-97-2 Non-detect 1900
Dimethoate 60-51-5 Non-detect 1900
p-(Dimethylamino) azobenzene [ 4-Dimethyl aminoazobenzene] 60-11-7 Non-detect
1900
3,3 ’-Dimethylbenzidine 119-93-7 Non-detect 1900
,-Dimethylphenethylamine 122-09-8 Non-detect 1900
3,3 ’-Dimethoxybenzidine 119-90-4 Non-detect 100
1 ,3-Dinitrobenzene [ m-Dinitrobenzene] 99-65-0 Non-detect 1900
4,6-Dinitro-o-creso l 534-52-1 Non-detect 1900
2,4-Dinitrophenol 51-28-5 Non-detect 1900
2,4-Dinitrotoluene 121-14-2 Non-detect 1900
2,6-Dinitrotoluene 606-20-2 Non-detect 1900
Dinoseb [ 2-sec-Butyl-4,6-dinitrophenol] 88-85-7 Non-detect 1900
Diphenylamine 122-39-4 Non-detect 1900
Ethyl carbamate [ Urethane] 51-79-6 Non-detect 100
Ethylenethiourea (2-Imidazolidinethione) 96-45-7 Non-detect 110
Famphur 52-85-7 Non-detect 1900
Methacrylonitrile 126-98-7 Non-detect 37
Methapyrilene 91-80-5 Non-detect 1900
Methomyl 16752-77-5 Non-detect 57
2-Methyllactoniti-ile [ Acetone cyanohydrin] 75-86-5 Non-detect 100
Methyl parathion 298-00-0 Non-detect 1900
MNNG (N-Metyl-N-nitroso-N’-nitroguanidine) 70-25-7 Non-detect 110
I -Naphthylamine, [ -Naphthylainine] 134-32-7 Non-detect 1900
2-Naphthylamine, [ -Naphthylainine] 91-59-8 Non-detect 1900
Nicotine 54-11-5 Non-detect 100
4-Nitroaniline, [ p-Nitroaniline] 100-01-6 Non-detect 1900
Nitrobenzene 98-95-3 Non-detect 1900
p-Nitrophenol, [ p-Nitrophenol] 100-02-7 Non-detect 1900
5-Nitro-o-toluidine 99-55-8 Non-detect 1900
N-Nitrosodi-n-buty lamine 924-16-3 Non-detect 1900
N-Nitrosodiethylamine 55-18-5 Non-detect 1900
N-Nitrosodiphenylaniine, [ Diphenylnitrosamine] 86-30-6 Non-detect 1900
N-Nitroso-N-methy lethylamine 10595-95-6 Non-detect 1900
N-Nitrosomorpholine 59-89-2 Non-detect 1900
N-Nitrosopiperidine 100-75-4 Non-detect 1900
N-Nitrosopyrro lidine 930-55-2 Non-detect 1900
2-Nitropropane 79-46-9 Non-detect 30
Parathion 56-38-2 Non-detect 1900
Phenacetin 62-44-2 Non-detect 1900
1 ,4-Phenylene diamine, [ p-Phenylenediamine] 106-50-3 Non-detect 1900
N-Phenylthiourea 103-85-5 Non-detect 57
2-Picoline [ alpha-Picoline] 109-06-8 Non-detect 1900
Propythioracil [ 6-Propyl-2-thiouracil] 51-52-5 Non-detect 100
Pyridine 110-86-1 Non-detect 1900
Strychnine 57-24-9 Non-detect 100
Thicacetamide 62-55-5 Non-detect 57
Thiofanox 39196-18-4 Non-detect 100
Thiourea 62-56-6 Non-detect 57
Toluene-2,4-diamine [ 2,4-Diaminotoluene] 95-80-7 Non-detect 57
Toluene-2,6-diamine [ 2,6-Diarninotoluene] 823-40-5 Non-detect 57
o-Toluidine 95-53-4 Non-detect 2200
p-Toluidine 106-49-0 Non-detect 100
1,3 ,5-Trinitrobenzne, [ sym-Trinitobenzenel 99-35-4 Non-detect 2000
Halogenated Organics b:
Allyl chloride 107-05-1 Non-detect 37
Aramite 104-57-8 Non-detect 1900
Benzal chloride [ Dichioromethyl benzene] 98-87-3 Non-detect 100
Benzyl chloride 100-44-77 Non-detect 100
Bis(2-chloroethyl)ether [ Dichioroethyl ether] 111-44-4 Non-detect 1900
Broinoform [ Tribromomethane] 75-25-2 Non-detect 37
Bromomethane [ Methyl bromide] 74-83-9 Non-detect 37
-------
4-Bromophenyl phenyl ether [ p-Bromo diphenyl ether] 101-55-3 Non-detect 1900
Carbon tetrachloride 56-23-5 Non-detect 37
Ch lordane 57-74-9 Non-detect 14
p-Chloroaniline 106-47-8 Non-detect 1900
Ch lorobenzene 108-90-7 Non-detect 37
Ch lorobentilate 510- 15-6 Non-detect 1900
p-Chloro-m-cresol 59-50-7 Non-detect 1900
2-Chloroethyl vinyl ether 110-75-8 Non-detect 37
Chloroform 67-66-3 Non-detect 37
Chloromethane [ Methyl chloride] 74-87-3 Non-detect 37
2-Chlorophthalene [ beta-Chlorophthalene] 91-58-7 Non-detect 1900
2-Chlorophenol [ o-Chlorophenol] 95-51-8 Non-detect 1900
Chloroprene [ 2-Chloro-1 ,3-butadiene] 1126-99-8 Non-detect 37
2,4-D [ 2,4-Dich lorophenoxyacetic acid] 94-75-7 Non-detect 7.0
Diallate 2303-164 Non-detect 1900
1 ,2-Dibromo-3-chloropropane 96-12-8 Non-detect 37
I ,2-Dichlorobenzene [ o-Dichlorobenzene] 95-50-I Non-detect 1900
1 ,3-Dichlorobenzene (m-Dichlorobenzene] 541-73-1 Non-detect 1900
1 ,4-Dichlorobenzene (p-Dichlorobenzene] 106-46-7 Non-detect 1900
3,3’ -Dicldorobenzidine 91-94-1 Non-detect 1900
Dich lorodifluoromethane [ CFC-12] 75-71-8 Non-detect 37
1 ,2-Dichloroethane [ Ethylene dichloride] 107-06-2 Non-detect 37
1, 1-Dichloroethylene [ Vinylidene chloride] 75-35-4 Non-detect 37
Dichioromethoxy ethane [ Bis(2-chloroethoxy)methane 111-91-1 Non-detect 1900
2,4-Dich lorophenol 120-83-2 Non-detect 1900
2,6-Dich lorophenol 87-65-0 Non-detect 1900
1,2-Dichloropropane [ Propylene dichloride] 78-87-5 Non-detect 37
cis-l,3-Dich loropropylene 10061-01-5 Non-detect 37
trans-I ,3-Dichloropropylene 10061-02-6 Non-detect 37
1 ,3-Dichloro-2-propanol 96-23-1 Non-detect 30
Endosulthn I 959-98-8 Non-detect 1.4
Endosulfan I I 33213-65-9 Non-detect 1.4
Endrin 72-20-8 Non-detect 1.4
Endrin aldehyde 7421-934 Non-detect 1.4
Endrin Ketone 53494-70-5 Non-detect 1.4
Epichlorohydrin [ 1 -Chloro-2,3-epoxy propane] 106-89-8 Non-detect 30
Ethylidene dich loride [ 1,1-Dich loroethane ] 75-34-3 Non-detect 37
2-Fluoroacetamide 640-19-7 Non-detect 100
Heptach lor 76-44-8 Non-detect 1.4
Heptachior epoxide 1024-57-3 Non-detect 2.8
Hexachlorobenzene 118-74-I Non-detect 1900
Hexachloro-1 ,3-butadiene [ Hexachlorobutadiene] 87-68-3 Non-detect 1900
Hexach lorocyclopentadiene 77-474 Non-detect 1900
Hexach loroethane 67-72-1 Non-detect 1900
Hexach lorophene 70-30-4 Non-detect 1000
Hexachioropropene [ Hexachloropropylene] 1888-71-7 Non-detect 1900
Isodrin 465-73-6 Non-detect 1900
Kepone [ Chlordecone] 143-50-0 Non-detect 3600
Lindane [ gamma-Hexach lorocyclohexane] [ gamma-BHC] 58-89-9 non-detect
1.4
Methylene chloride [ Dichloromethane] 75-09-2 non-detect 37
4,4’ -methylene-bis(2-chloroaniline) 101-144 non-detect 100
Methyl iodide [ lodomethane] 74-88-4 non-detect 37
Pentach lorobentene 608-93-5 non-detect 1900
Pentach loroethane 76-01-7 non-detect 37
Pentachloronitrobenzene [ PCNB] [ Quintobenzene] [ Quintozene] 82-68-8 non-detect
1900
Pentach lorophenol 87-86-5 non-detect 1900
Pronaniide 23950-58-5 non-detect 1900
Silvex [ 2,4,5-Trichlorophenoxypropioaic acid) 93-72-1 non-detect 7.0
2,3,7,8-Tetrachlorodibenzo-p-dioxin [ 2,3,7 ,8-TCDD] 1746-01-6 non-detect 30
1 ,2,4,5-Tetrachlorobenzene 95-94-3 non-detect 1900
1,1,2,2-Tetrach loroethane 79-34-5 non-detect 37
Tetrach loroethylene [ PerchIoroethylene] 127-184 non-detect 37
-------
2,3,4,6-Tetrachlorophenol 58-90-2 non-detect 1900
1 ,2,4-Trichlorobenzene 120-82-1 non-detect 1900
1,1,1 -Trichloroethane [ Methyl chloroform] 71-55-6 non-detect 37
1,1 ,2-Trichloroethane [ Vinyl trichloride] 79-00-5 non-detect 37
Trichloroethylene 79-01-6 non-detect 37
Trichiorofluoromethane [ Trichlormonofluoromethane) 75-69-4 non-detect 37
2,4,5-Trichlorophenol 95-95-4 non-detect 1900
2,4,6-Trichlorophenol 88-06-2 non-detect 1900
I ,2,3-Trichloropropane 96-18-4 non-detect 37
Vinyl Chloride 75-01-4 non-detect 37
a Absence of PCBs can also be demonstrated by using appropriate screening
methods, e.g., immunoassay kit for PCB in oils (Method 4020) or colorimetric
analysis for PCBs in oil (Method 9079).
b Some minimum required detection limits are above the total halogen limit of 540
ppm. The detection limits reflect what was achieved during EPA testing and
analysis and also analytical complexity associated with measuring all halogen
compounds on 335-14-2-Appendix VIII at low levels. EPA recognizes that in
practice the presence of these compounds will be functionally limited by the
molecular weight and the total halogen limit of 540 ppm.
(c) Implementation.-Waste that meets the comparable or syngas fuel specifications
provided by 335-14-2-.04(9)(a) or (b) (these constituent levels must be achieved by
the comparable fuel when generated, or as a result of treatment or blending, as
provided in 335-14-2-.04(9)(c)3. or 4.) is excluded from the definition of solid
waste provided that the following requirements are met:
1. Notices-For purposes of this Rule, 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.
(1) 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 335-14-2-.04(9)(c)1 .(i)(III);
(II) 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;
(III) A comparable/syngas fuel generator’s notification to the Directors
must contain the following items:
A. The name, address, and EPA ID number of the person/facility
claiming the exclusion;
B. The applicable EPA Hazardous Waste Numbers for the hazardous
waste;
C. Name and address of the units, meeting the requirements of 335-
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14-2-.04(9)(c)2., that will burn the comparable/syngas fuel; and
D. 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 335-1 4-2-.04(9) have been met
for all waste identified in this notification. Copies of the
records and information required at 335-14-2-.04(9)(c)1O. 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:
(I) Name, address, and EPA ID number of the generating facility;
(II) Name and address of the unit(s) that will burn the comparable/syngas
fuel;
(III) A brief, general description of the manufacturing, treatment, or other
process generating the comparable/syngas fuel;
(IV) An estimate of the average and maximum monthly and annual quantity
of the waste claimed to be excluded; and
(V) 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 335-14-2-.04(9)(a) or (b) and (c)1. 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:
(1) Industrial furnaces as defined in 335-14-1-.02(1);
(ii) Boilers, as defined in 335-14-l-.02(1), that are further defined as follows:
(I) 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
(II) 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 Rules 335-14-
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5-. 15 or 335-14-6-. 15 or applicable CAA MACT standards.
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 335-14-2-.04(9)(a)1.(i)
and (a)2.;
(ii) Be blended at a facility that is subject to the applicable requirements of
335-14-5 and 335-14-6, or § 335-14-3-.03(5); and
(iii) Not violate the dilution prohibition of 335-14-2-.04(9)(c)6.
4. Treatment to meet the comparable fuel exclusion specifications.
(1) A hazardous waste may be treated to meet the exclusion specifications of
335-14-2-.04(9)(a)1. and 2. provided the treatment:
(I) Destroys or removes the constituent listed in the specification or
raises the heating value by removing or destroying hazardous
constituents or materials;
(H) Is performed at a facility that is subject to the applicable requirements
of 335-14-5 and 335-14-6, or 335-14-3-.03(5); and
(III) Does not violate the dilution prohibition of 335-14-2-.04(9)(c)6.
(ii) Residuals resulting from the treatment of a hazardous waste listed in 335-
14-2-.04 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 335-14-2-.04(9)(b) provided the
processing:
(I) Destroys or removes the constituent listed in the specification or
raises the heating value by removing or destroying constituents or
materials;
(H) Is performed at a facility that is subject to the applicable requirements
of 335-14-5and 335-14-6, or 335-14-3-.03(5) or is an exempt
recycling unit pursuant to 335-14-2-.O1(6)(c); and
(III) Does not violate the dilution prohibition of 335-14-2-.04(9)(c)6.
(ii) Residuals resulting from the treatment of a hazardous waste listed in 335-
14-2-.04 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 335-14-2-.04(9)(a)1 .(i), (a)(2) or (b).
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
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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:
(I) The parameters for which each hazardous waste will be analyzed and
the rationale for the selection of those parameters;
(H) The test methods which will be used to test for these parameters;
(III) The sampling method which will be used to obtain a representative
sample of the waste to be analyzed;
(IV) 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
(V) 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:
(I) The dates and times waste samples were obtained, and the dates the
samples were analyzed;
(II) The names and qualifications of the person(s) who obtained the
samples;
(III) A description of the temporal and spatial locations of the samples;
(IV) The name and address of the laboratory facility at which analyses of
the samples were performed;
(V) A description of the analytical methods used, including any clean-up
and sample preparation methods;
(VI) 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;
(VII) All laboratory results demonstrating that the exclusion specifications
have been met for the waste; and
(VIII) 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 335-14-2-.04(9)(c)l1. 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 335-14-2-.04(9)(c)
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7.(i) 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 335-14-2-
Appendix VIII, 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:
(I) 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 335-14-9-.04(1);
(II) A constituent detected in previous analysis of the waste;
(III) Constituents introduced into the process that generates the waste; or
(IV) Constituents that are byproducts or side reactions to the process that
generates the waste.
Note: 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 335-14-2-.04(9)(c)8.(i) and must test to determine
that all of the constituent specifications of 335-14-2-.04(9)(a)2. and (b)
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:
(I) Each constituent of concern is not present in the waste above the
specification level at the 95% upper confidence limit around the mean;
and
(II) 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 in335-14-3-.O1(2), which requires any person who generates a
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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 335-14-2-.04(9)(c)7.
(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:
(I) Analyze the fuel as generated to ensure that it meets the constituent and
heating value specifications; and
(II) 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 335-14-2-.01(2)(c)4.
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:
(I) The owner/operator name, address, and EPA ID number of the person
claiming the exclusion;
(II) The applicable EPA Hazardous Waste Numbers for each hazardous
waste excluded as a fuel; and
(III) 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 335-14-2-.04(9)(c)8.(i);
(v) The results of all analyses and all detection limits achieved as required
under 335-14-2-.04(9)(c)8.;
(vi) If the excluded waste was generated through treatment or blending,
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documentation as required under 335-14-2-.04(9)(c)3. or 4.;
(vii) If the waste is to be shipped off-site, a certification from the burner as
required under 335-1 4-2-.04(9)(c) 12.;
(viii) A waste analysis plan and the results of the sampling and analysis that
includes the following:
(I) The dates and times waste samples were obtained, and the dates the
samples were analyzed;
(II) The names and qualifications of the person(s) who obtained the
samples;
(III) A description of the temporal and spatial locations of the samples;
(IV) The name and address of the laboratory facility at which analyses of
the samples were performed;
(V) A description of the analytical methods used, including any clean-up
and sample preparation methods;
(VI) 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;
(VII)All laboratory analytical results demonstrating that the exclusion
specifications have been met for the waste; and
(VIII) 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 335-1 4-2-.04(9)(c) 11. 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:
(I) The name and address of the facility receiving the comparable/syngas
fuel for burning;
(II) The quantity of comparable/syngas fuel shipped and delivered;
(HI) The date of shipment or delivery;
(IV) 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
335-14-2-.04(9)(c)8.; and
(V) A one-time certification by the burner as required under paragraph (c)
(12) of this section.
11. Records retention. Records must be maintained for a period of three years. A
generator must maintain a current waste analysis plan during that three year
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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 335-14-2-.04(9)(c)2.;
(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 335-14-2-Appendix VII, are not eligible for this
exclusion, and any fuel produced from or otherwise containing these wastes
remains a hazardous waste subject to full AHWMMA/RCRA hazardous waste
management requirements.
Author: Stephen C. Maurer; Steven 0. Jenkins; C. Edwin Johnston.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; February 15, 1988; August 24, 1989;
December 6, 1990; January 25, 1992; January 5, 1995; January 12, 1996; March 27, 1998;
April 2, 1999.
335-14-2-.05 [ Reserved ]
335-14-2-.06 [ Reserved ]
335-14-2-APPENDIX I Representative Sampling Methods
NOTE: The Representative Sampling Methods published by the Environmental Protection
Agency in 40 CFR, Part 261, Appendix 1 (July 1, 1995), are incorporated herein by reference.
The list of materials incorporated by reference are available for purchase (at 40 cents a
page) and inspection at the Department’s offices at 1751 Cong. W. L. Dickinson Drive,
Montgomery, Alabama 36130.
Author: Stephen C. Maurer.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: August 24, 1989, January 25, 1992; January 1, 1993; January 5, 1995; January 12,
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1996.
335-14-2-APPENDIX II Method 1311 Toxicity Characteristic Leaching Procedure (TCLP )
NOTE: The TCLP Procedure published by the Environmental Protection Agency in 40
CFR, Part 261, Appendix II (July 1, 1995), is incorporated herein by reference.
The materials incorporated by reference are available for purchase (at 40 cents a page)
and inspection at the Department’s Offices at 1751 Cong. W. L. Dickinson Drive,
Montgomery, Alabama 36130.
Author: Stephen C. Maurer.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: August 24, 1989; December 6, 1990; January 25, 1992; January 1, 1993; January
5, 1995; January 12, 1996.
335-14-2-APPENDIX Ill Chemical Analysis Test Methods
NOTE: The Chemical Analysis Test Methods published by the Environmental Protection
Agency in 40 CFR, Part 261, Appendix III (July 1, 1995), is incorporated herein by reference.
The materials incorporated by reference are available for purchase (at 40 cents a page)
and inspection at the Department’s Offices at 1751 Cong. W. L. Dickinson Drive,
Montgomery, Alabama 36130.
Author: Stephen C. Maurer; Steven 0. Jenkins.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; August 24, 1989; December 6, 1990; January
25, 1992; January 1, 1993; January 5, 1995; January 12, 1996.
335-14-2-APPENDIX IV [ Reserved for Radioactive Waste Test Methods ]
335-14-2-APPENDIX V [ Reserved for Infectious Waste Treatment Specifications ]
335-14-2-APPENDIX VI [ Reserved for Etiologic Agents ]
335-14-2-APPENDIX VII Basis for Listing Hazardous Waste
EPA Hazardous Waste No. Hazardous Constituents for Which Listed
FOOl Tetrachioroethylene, methylene chloride trichloroethylene, 1,1,1-
trichloroethane, carbon tetrachioride, chlorinated fluorocarbons.
F002 Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1 -
trichloroethane, 1,1 ,2-trichloroethane, chlorobenzene, 1,1 ,2-trichloro- 1 ,2,2-trifluoroethane,
ortho-dichlorobenzene, trichlorofluoromethane.
F003 N.A.
F004 Cresols and cresylic acid, nitrobenzene.
F005 Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2-
ethoxyethanol, benzene, 2-nitropropane.
F006 Cadmium, hexavalent chromium, nickel, cyanide (complexed).
F007 Cyanide (salts).
F008 Cyanide (salts).
F009 Cyanide (saks).
FOlO Cyanide (salts).
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FOl I Cyanide (salts).
F012 Cyanide (complexed).
F019 Hexavalent chromium, cyanide (complexed).
F020 Tetra- and pentachlorodibenzo-p-dioxins; tetra- and
pentachlorodibenzofurans; tn- and tetrachiorophenols and their chiorophenoxy derivative acids,
esters, ethers, amine and other salts.
F021 Penta- and hexachlorodibenzo-p-dioxins; penta- and
hexachlorodibenzofurans; pentachiorophenol and its derivatives.
F022 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta- and
hexach lorodibenzofurans.
F023 Tetra- and pentachlorodibenzo-p-dioxins; tetra- and
pentachlorodibenzofurans; tn- and tetrachlorophenols and their chiorophenoxy derivative acids,
esters, ethers, amine and other salts.
F024 Chioromethane, dichloromethane, trichioromethane, carbon tetrachioride,
chloroethylene, 1,1 -dichloroethane, 1 ,2-dichloroethane, trans-i -2-dichloroethylene, 1,1 -
dichloroethylene, 1,1, i -trichloroethane, 1,1 ,2-trichloroethane, trichloroethylene, 1,1,1,2-
tetrachloroethane, 1,1 ,2,2-tetrachloroethane, tetrachioroethylene, pentachloroethane,
hexachioroethane, allyl chloride (3-chloropropene), dichloropropane, dichloropropene, 2-
chloro- 1 ,3-butadiene, hexachloro- I ,3-butad iene, hexachlorocyclopentadiene,
hexachiorocyclohexane, benzene, chlorbenzene, dichlorobenzenes, I ,2,4-trichlorobenzene,
tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.
F025 Chloromethane; Dichioromethane; Tnichloromethane; Carbon tetrachloride;
Chloroethylene; 1,1 -Dichloroethane; 1 ,2-Dichloroethane; trans-i ,2-Dichloroethylene; 1,1 -
Dichloroethylene; 1,1,1 -Trichloroethane; i , 1 ,2-Trichloroethane; Trichloroethylene; 1,1,1,2-
Tetrachloroethane; 1,1 ,2,2-Tetrachloroethane; Tetrachloroethylene; Pentachloroethane;
Hexachioroethane; Allyl chloride (3-Chioropropene); Dichioropropane; Dichioropropene; 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
hexachlo rod ibenzofurans.
F027 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta- and
hexachlorodibenzofurans; tn-, tetra-, and pentachlorophenols and their chiorophenoxy
derivative acids, esters, ethers, amine and other salts.
F028 Tetra-, penta- and hexachlorodibenzo-p-dioxins; tetra-, penta- and
hexachlorodibenzofurans; tn-, 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, penta-chlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-
dioxins, tetra-, penta-, hexa-, heptachloro-dibenzofurans.
F034 Benz(a)anthracene, benzo(k)fluonanthene, benzo(a)pyrene, dibenz(a,h)
anthracene indeno(1 ,2,3-cd)pyrene, napthalene, 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 (wastewatens and non-wastewaters) under 335-14-9-.04(4), Table CCW.
KOOl Pentachlorophenol, phenol, 2-chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenol, 2,4-d initrophenol, trichlorophenols, tetrachlorophenols, 2,4-dinitrophenol,
creosote, chrysene, naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene, ideno
(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.
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K009 Chloroform, formaldehyde, methylenechloride, methyl chloride,
paraldehyde, formic acid.
KOlO Chloroform, formaldehyde, methylenechioride, methyl chloride,
paraldehyde, formic acid, chloroacetaldehyde.
KOl I 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, chioroethers Ibis (chioromethyl) ether and bis (2-
chloroethyl) ethers], trichloropropane, d ichloropropanols.
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 Phthal ic anhydride, 1 ,4-naphthoquinone.
K025 Meta-dinitrobenzene, 2,4-dinitrotoluene.
K026 Paraldehyde, pyridines, 2-picol me.
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.
K03 I Arsenic.
K032 Hexachlorocyclopentadiene.
K033 Hexachlorocyclopentadiene.
K034 Hexachiorocyclopentad iene.
K035 Creosote, chrysene, naphthalene, fluoranthene benzo(b)fluoranthene, benzo
(a)pyrene, indeno( I ,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-d ichlorophenol, 2,6-d ichlorophenol, 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.
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K064 Lead, cadmium
K065 Lead, cadmium
K066 Lead, cadmium
K069 Hexavalent chromium, lead, cadmium.
K071 Mercury.
K073 Chloroform, carbon tetrachloride, hexacholroethane, trichioroethane,
tetrachloroethylene, dichloroethylene, 1,1 ,2,2-tetrachloroethane.
K083 Aniline, diphenylamine, nitrobenzene, phenylenediamine.
K084 Arsenic.
K085 Benzene, dichlorobenzenes, trichlorobenzenes, tetrachlorobenzenes,
pentachlorobenzene, hexachlorobernzene, benzyl chloride.
K086 Lead, hexavalent chromium.
K087 Phenol, naphthalene.
K088 Cyanide (complexes)
K090 Chromium
K091 Chromium
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-dichiorophenol, 2,4,6-trichiorophenol.
Ki00 Hexavalent chromium, lead, cadmium.
KiOl Arsenic.
K102 Arsenic.
K103 Aniline, nitrobenzene, phenylenediamine.
K104 Aniline, benzene, diphenylamine, nitrobenzene, phenylenediamine.
K 105 Benzene, monochlorobenzene, dichlorobenzenes, 2,4,6-trichlorophenol.
K106 Mercury.
K107 1,1-Dimethylhydrazine (UDMH).
K108 1,1-Dimethylhydrazine (UDMH).
K109 1,1-Dimethylhydrazine (UDMH).
KilO 1,1-Dimethylhydrazine (UDMH).
Kill 2,4-Dinitrotoluene.
K! 12 2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.
K 113 2,4-Toluenediamine, o-toluid in p-toluidine, aniline.
K! 14 2,4-Toluenediamine, o-toluidine, p-toluidine.
K! 15 2,4-Toluenediamine.
K! 16 Carbon tetrachloride, tetrachioroethylene, chloroform, phosgene.
K! 17 Ethylene dibromide.
K118 Ethylene dibromide.
K123 Ethylene thiourea.
K124 Ethylene thiourea.
K!25 Ethylene thiourea.
K126 Ethylene thiourea.
K13! Dimethyl sulfate, methyl bromide.
K132 Methyl bromide.
K136 Ethylene dibromide.
K 140 2,4,6-Tribromophenol
K 141 Benzene, Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)
fluoranthene, dibenz(a,h)anthracene, indeno(1 ,2,3-cd) pyrene.
K 142 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)
fluoranthene, dibenz(a,h)anthracene, indeno(! ,2,3-cd) pyrene.
K 143 Benzene,benz(a)anthracene,benzo(b) fluoranthene, benzo(k)fluoranthene.
K 144 Benzene, benz(a)anthracene, benzo(a) pyrene, benzo(b)fluoranthene, benzo
(k) fluoranthene, dibenz(a,h)anthracene.
K 145 Benzene, benz(a)anthracene, benzo(a) pyrene, d ibenz(a,h)anthrancene,
-------
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.
K 148 Benz(a)anthracene, benzo(a)pyrene, benzo(b) fluoranthene, benzo(k)
fluoranthene, dibenz(a,h)anthracene, indeno(l ,2,3-cd) pyrene.
K149 Benzotrichloride, benzyl chloride, chloroform, chioromethane,
chlorobenzene, I ,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, toluene.
K150 Carbon tetrachioride, chloroform, chloromethane, 1 ,4-dichlorobenzene,
hexachlorobenzene, pentachlorobenzene, 1 ,2,4,5-tetrachlorobenzene, 1,1 ,2,2-tetrachloroethane,
tetrachloroethylene, 1 ,2,4-trichlorobenzene.
K 151 Benzene, carbon tetrachioride, chloroform, hexachlorobenzene,
pentachlorobenzene, toluene, 1 ,2,4,5-tetrachlorobenzene, tetrachioroethylene.
K156 Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde,
methylene chloride, triethylamine.
K157 Carbon tetrachioride, formaldehyde, methyl chloride, methylene chloride,
pyridine, triethylamine.
K 158 Benomyl, carbendazim, carbofuran, carbosulfan, chloroform, methylene
chloride.
K 159
K161
K 169
K 170
fluoranthene,
K171
K 172
Benzene, butylate, eptc, molinate, pebulate, vernolate.
Antimony, arsenic, metam-sodium, ziram.
Benzene.
Benzo(a)pyrene, dibenz(a,h)anthracene, benzo(a)anthracene, benzo(b)
benzo(k)Fluoranthene, 3-methylcholanthrene, 7,1 2-dimethylbenz(a)anthracene.
Benzene, arsenic.
Benzene, arsenic.
N.A.--Waste is hazardous because it fails the test for the characteristic of ignitability,
corrosivity, or reactivity.
Author: Stephen C. Maurer; C. Edwin Johnston.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; August 24, 1989; December 6, 1990; January
25, 1992; January 5, 1995; January 12, 1996; March 27, 1998; April 2, 1999.
335-14-2-APPENDIX VIII Hazardous Constituents
Appendix VIU—Hazardous Constituents
Common name
A221 3
Acetonib i1e
Acetophenone
2-Acetylanunefluarone
Acetyl chloride
I -Acetyl-2-thiourea
Acrolein
Acrylamide
Actylonitnie
Aflatoxins
Aldicarb
Aldicarb sulfone
Chemical abstracts name Chemical abstracts No.
Hazardous waste No.
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester
30558-43-1 U394
Same 75-05-8 U003
Ethanone, 1-phenyl- 98-86-2 U004
Acetainide, N-9H-fluoren-2-yl- 53-96-3 U005
Same 75-36-5 U006
Acetamide, N-(aminothioxomethyl)- 591-08-2 P002
2-Propenal 107-02-8 P003
2-Propenamide 79-06-1 U007
2-Propenenitr ile 107-13-1 U009
Same 1402-68-2
Propanal, 2-methyl-2-(methylthio) -, O- [ (methylamino)carbonyl] oxime
116-06-3 P070
Propanal, 2-methyl-2-(methylsulfonyl)-, O-((methylammo)carbonyl] oxime
1646-88-4 P203
1 ,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10- 10-hexachloro-
Aldnn
-------
1 ,4,4a,5,8,8a-hexahydro-, (lalpha,4alpha,4abeta,5alpha, 8alpha,8abeta)- 309-00-2 P004
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-Anunobiphenyl 11,1 ‘-Biphenyll-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 IJO1 1
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.’
Aramite Sulfurous acid, 2-chioroethyl 2-(4-(1 , 1-dimethylethyl)phenoxyj-l -
methylethyl ester 140-57-8
Arsenic Same 7440-38-2
Arsenic compounds, N.O.S)
Arsenic acid Arsenic acid H 3 AsO 4 7778-39-4 P010
Arsenic pentoxide Arsenic oxide As 2 0 5 1303-28-2 P011
Arsenic trioxide Arsenic oxide As 2 0 3 1327-53-3 P012
Auramine Benzenamine, 4,4 ’-carbonimidoylbis [ N,N-dimethyl 492-80-8
U014
Azasenne L-Serine, diazoacetate (ester) 115-02-6 U015
Barban Carbamic acid, (3-chiorophenyl)-, 4-chloro-2-butynyl ester 101-27-9
U280
Barium Same 7440-39-3
Barium compounds, N.O.S.’
Barium cyanide Same 542-62-1 P013
Bendiocarb 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate 22781-23-
3 U278
Bediocarb phenol 1 ,3-Benzodioxol-4-ol, 2,2- dimethyl-dimethyl- 22961-82-
6 U364
Benomyl Carbamic acid, (1- [ (butylamino) carbonyll-l H-benzimidazol-2- ylJ-,
methyl ester 17804-35-2 U271
Benz [ c]acndine 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
Benzenearsomc acid Arsomc acid, phenyl- 98-05-5
Benzidine [ 1,1 -Biphenyl]-4,4 1-diamine 92-87-5 U02 1
Benzo [ b]fluoranthene Benz [ ejacephenanthiy lene 205-99-2
BenzoU]fluoranthene Same 205-82-3
Benzo [ kjfluoranthene Same 207-08-9
Benzo [ a]pyrene Same 50-32-8 U022
p-Benzoquinone 2,5-Cyclohexadiene-1 ,4-dione 106-51-4 U 197
Benzotrichloride Benzene, (tnchloromethyl)- 98-07-7 U023
Benzyl chloride Benzene, (chloromethyl)- 100-44-7 P028
Beryllium compounds, N.O.S.’
Beryllium powder Same 7440-41-7 P015
Bis(pentamethylene)-thiuram tetrasulfide Piperidine, 1,1 ‘-(tetrathiodicarbonothioyl)-bis- 120-54-7
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-lO-one, 2,3-dimethoxy- 357-57-3 P018
Butyl benzyl phthalate I ,2-Benzenedicarboxylic acid, butyl phenylmethyl ester 85-68-7
Butylate Carbamothioic acid, bis (2-methylpropyl)-, S-ethyl ester 2008-41-5
Cacodyhc acid Arsmic acid, dimethyl- 75-60-5 U 136
Cadmium Same 7440-43-9
Cadmium compounds, N.O.S.’
Calcium chromate Chromic acid H 2 CrO 4 , calcium salt 13765-19-0 U032
Calcium cyanide Calcium cyanide Ca(CN) 2 592-01-8 P021
Carbaryl 1-Naphthalenol, methylcarbamate 63-25-2 U279
Carbendazim Carbamic acid, 1 H-benzimidazol-2-yl, methyl ester 10605-21 -
7 U372
Carbofuran 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate 1563-66-2
P127
Carbofuran phenol 7-Benzofuranol, 2,3-dihydro-2,2-climethyl- 1563-38-2
-------
lJ367
Same 75-15-0 P022
Carbonic difluonde 353-50-4 U033
Methane, tetrachloro- 56-23-5 U21 1
Carbamic acid, I(dibutylamino) thiol methyl-, 2,3-dihydro-2,2-dimethyl-7-
55285-14-8 P189
Acetaldehyde, trichloro- 75-87-6 U034
Benzenebutanoic acid, 4- [ bis(2-chloroethyl)aminoj- 305-03-3
1J035
4,7-Methano-1 H-indene, 1 ,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-
57-74-9 U036
Same
Phenol, methyl- 1319-77-3
2-Butenal 4170-30-3
Phenol, 3-(methylethyl)-, methyl carbamate
P202
Cyanides (soluble salts and complexes) N.O.S.’
Cyanogen Ethanedinitnle 460-19-5
Cyanogen bromide Cyanogen bromide (CN)Br 506-68-3
Cyanogen chlonde Cyanogen chloride (CN)Cl 506-77-4
Cycasin beta-D-Glucopyranoside, (methyl-ON N-azoxy)methyl
7
U036
Carbamothioic acid, cyclohexylethyl-, S-ethyl ester 1134-23-2
2-Cyclohexyl-4,6-dimtrophenol
Cyclophosphamide
oxide
2,4-D 1J240
2,4-D, salts, esters 1.3240
Daunomycin 5,12-N aphthacenedione, 8-acetyl-1 0-I(3-amino-2,3,6-trideoxy-alpha-L-
lyxo-hexopyranosyl)oxyj-7,8,9, I 0-tetrahydro-6,8, I 1-trihydroxy-l -methoxy-, (8S-cis)- 20830-81 -
3 U059
Dazomet 2H-1 ,3 ,5-thiadiazine-2-thione, tetrahydro-3,5-dimethyl 533-74-4
DDD Benzene, 1,1 ‘-(2,2-dichloroethyhdene)bis [ 4-chloro-
U060
Benzene, 1,1 ‘-(dichloroethenyhdene)bis [ 4-chloro-
Carbon disulfide
Carbon oxyfluoride
Carbon tetrachloride
Carbosulfan
benzoliiranyl ester
Chloral
Chiorambucil
Chlordane
hexahydro-
Chlordane (alpha and gamma isomers)
Chlorinated benzenes, N .O.S.’
Chlorinated ethane, N.O.S.’
Chlorinated fluorocarbons, N.O.S.’
Chlorinated naphthalene, N.O.S.’
Chlorinated phenol, N.O.S.’
Chiornaphazin
Chloroacetaldehyde
Chioroalkyl ethers, N.O.S.’
p-Chloroanil ine
Chlorobenzene
Chlorobenzilate
ester
p-Chloro-m-cresol
2-Chloroethyl vinyl ether
Chloroform
Chioromethyl methyl ether
beta-Chloronaphthalene
o-Chlorophenol
l-(o-Ch lorophenyl)thiourea
Chloroprene
3-Chloropropiomtrile
Chromium
Chromium compounds, N.O.S.i
Chiysene
Citrus red No. 2
Coal tar creosote
Copper cyanide
Copper dimethylditluocarbamate
Creosote
Cresol (Cresylic acid)
Crotonaldehyde
m-Cumenyl methylcarbamate
Naphthalenamine, N,N ‘-bis(2-chloroethyl)- 494-03-1
U026
Acetaldehyde, chloro- 107-20-0 P023
Benzenamine, 4-chloro- 106-47-8 P024
Benzene, chloro- 108-90-7 U037
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl
510-15-6 U038
Phenol, 4-chloro-3-methyl- 59-50-7 U039
Ethene, (2-chloroethoxy)- 110-75-8 1J042
Methane, trichloro- 67-66-3 U044
Methane, chloromethoxy- 107-30-2 U046
Naphthalene, 2-chloro- 91-58-7 U047
Phenol, 2-chloro- 95-57-8 U048
Thiourea, (2-chlorophenyl)- 5344-82-1 P026
1 ,3-Butadiene, 2-chioro- 126-99-8
Propanemtrile, 3-chloro- 542-76-7 P027
Same 7440-47-3
Same 218-01-9
2-Naphthalenol, 1-t(2,5-dimethoxyphenyl)azoJ-
Same
Copper cyanide CuCN
Copper, bis (dimethylci
8007-45-2
544-92-3
Cycloate
U050
6358-53-8
P029
137-29-1
U05 1
1.3052
1.3053
64-00-6
P030
P031
U246
P033
14901-08-
Phenol, 2-cyclohexyl-4,6-dinitro- 131-89-5 P034
2H-1 ,3,2-Oxazaphosphorin-2-amine, N ,N-bis(2-chloroethyl)tetrahydro-, 2-
50-18-0 1.3058
Acetic acid, (2,4-dichlorophenoxy)- 94-75-7
72-54-8
DDE
72-55-9
-------
1 ,2:3,4-Diepoxybutane
Diethylarsine Arsine, diethyl-
Diethylene glycol, dicarbamate
1 ,4-Diethyleneoxide
Diethyihexyl phthalate
N,N’-Diethylhydrazine
0,0-Diethyl S-methyl chthiophosphate
Diethyl-p-nitrophenyl phosphate
Diethyl phthalate
0,0-Diethyl 0-pyrazinyl phosnhorc
diethyl 0-pyrazinyl ester
Diethy lstilbesterol
Dihydrosafrole
Dilsopropyifluorophosphate (DFP)
Dimethoate
ester
3,3 ‘-Dimethoxybenzidine
p-Dimethylaminoazobenzene
7, 12-Dimethylbenz [ a]anthracene
3,3 ’-Dtmethylbenzidine
542-75-6 1J084
3,4,5,6,9,9-hexachioro-
lbeta,7aalpha)- 60-57-1
1464-53-5
692-42-2
Ethanol, 2,2-oxybis-, dicarbamate 5952-26-1
1 ,4-Dioxane 123-91-1
1 ,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester
U028
Hydrazine, 1,2-diethyl- 1615-80-1
Phosphorodithioic acid, 0,0-diethyl S-methyl ester
U087
Phosphoric acid, diethyl 4-nnrophenyl ester
P041
1 ,2-Benzenedicarboxylic acid, diethyl ester
1J088
-‘ Phosphorothioic acid, 0,0-
297-97-2 P040
Phenol, 4,4-(1 ,2-diethyl-l ,2-ethenediyl)bis-, (E)- 56-53-1
U089
I ,3-Benzodioxole, 5-propyl- 94-58-6 U090
Phosphorofluoridic acid, bis(1 -methylethyl) ester 55-91-4
P043
Phosphorodithioic acid, 0,0-dimethyl S-12-(methylamino)-2-oxoethyl]
60-51-5 P044
11,1 -Biphenyl]-4,4-diamine, 3,3 ‘-dimethoxy- 119-90-4
U091
Benzenamine, N,N-dimethyl-4-(,phenylazo)- 60-11-7
U093
Benz(a]anthracene, 7, 12-dimethyl- 57-97-6 U094
[ 1,1 -Biphenyl]-4,4-diamine, 3,3 -dimethyl- 119-93-7
DDT Benzene, 1,1 -(2,2,2-trichloroethylidene)bis [ 4-chloro- 50-29-3
U061
Diallate Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester
2303-16-4 U062
Dibenzla,h]acridine Same 226-36-8
Dibenzla,j]acnd ine Same 224-42-0
Dibenz [ a,hjanthracene Same 53-70-3 U063
7H-Dibenzo [ c,g]carbazo le Same 194-59-2
Dibenzo [ a,ejpyrene Naphtho [ 1 ,2,3,4-defl chiysene 192-65-4
Dibenzola,hjpyrene Dibenzo [ b,def]chrysene 189-64-0
Dibenzo [ a,i]pyrene Benzolrstlpentaphene 189-55-9 1J064
1 ,2-Dibromo-3-chloropropane Propane, 1 ,2-dibromo-3-chloro- 96- 12-8 U066
Dibutyl phthalate 1 ,2-Benzenedicarboxylic acid, dibutyl ester 84-74-2
U069
o-Dichlorobenzene Benzene, 1 ,2-dichloro- 95-50- 1 U070
m-Dich lorobenzene Benzene, I ,3-dichloro- 541-73-1 U071
p-Dichlorobenzene Benzene, 1 ,4-dichloro- 106-46-7 U072
Dichlorobenzene, N.O.S.i Benzene, dichloro- 25321-22-6
3,3 ’-Dichlorobenzidine [ 1,1 ‘-Biphenyl]-4,4-diamine, 3,3-dichloro- 91-94-1
U073
1 ,4-Dichloro-2-butene 2-Butene, 1 ,4-dichloro- 764-41-0 U074
Dichlorodifluoromethane Methane, dichlorodifluoro- 75-71-8 U075
Dichioroethylene, N .O.S.’ 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
Dichioroethyl ether Ethane, 1,1 oxybis [ 2-chloro- 111-44-4 U025
Dichloroisopropyl ether Propane, 2,2-oxybis [ 2-chloro- 108-60-1 U027
Dichloromethoxy ethane Ethane, 1,1 -(methylenebis(oxy)JbisL2-chloro- 111-91-1
U024
Dichioromethyl ether Methane, oxybisichloro- 542-88-1 P016
2,4-D ichlorophenol Phenol, 2,4—dichloro- 120-83-2 U081
2,6-Dichlorophenol Phenol, 2,6-dichloro- 87-65-0 U082
Dichiorophenylarsine Arsonous dichloride, phenyl- 696-28-6 P036
Dichioropropane, N.0.S.i Propane, dichloro- 26638-19-7
Dichioropropanol, N.0.S.’ Propanol, dichloro- 26545-73-3
Dichioropropene, N .O.S.i I -Propene, dichloro- 26952-23-
8
1 ,3-Dichloropropene 1-Propene, I ,3-dichloro-
Die ldrin 2,7:3,6-Dimethanonaphth [ 2,3-b] oxirene
la,2,2a,3,6, 6a,7,7a-octahydro-, (1 aalpha,2beta,2aalpha,3beta, 6beta,6aalpha,
P037
2,2’-Bioxirane
U085
P038
U395
U 108
117-81-7
U086
3288-58-2
3 11-45-5
84-66-2
-------
Dimethylcarbamoyl chionde
1,1 -Dimethylhydrazine
1 ,2-Dimethylhydrazine
alpha,alpha-Dimethy lphenethylamine
2,4-Dimethyiphenol
Dimethyl phthalate
Dimethyl sulfate
Dimetalan
pyrazol-3-yI ester
Dinitaobenzene, N .O.S.’
4,6-Dinitro-o-cresol
4,6-DinitTo-o-cresol salts
2,4-Dinitrophenol
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Dinoseb
Di-n-octyl phthalate
Diphenylamine
1 ,2-Diphenylhydrazine
Di-n-propylnitrosamine
Disulfiram
Disulfoton
Fluoranthene
Fluorine
Ruoroacetamide
Fluoroacetic acid, sodium salt
Formaldehyde
Formetanate hydrochlonde
phenyll-, monohydrochioride
Formic acid
Formparanate
carbonyl]oxylpheny l]-
51-79-6
107-12-0
14324-55-1
111-54-6
U097
U098
U099
122-09-8
P047
P047
P048
U 105
U 106
P020
117-84-0
P051
U041
51-43-4
759-94-4
U095
Carbamic chloride, dimethyl-
Hydrazine, 1, 1-dimethyl-
Hydrazuie, 1 ,2-dimethyl-
Renzeneethanamine, alpha,alpha-dimethyl-
79-44-7
57-14-7
540-73-8
P046
Phenol, 2,4-dimethyl- 105-67-9 UlOl
I ,2-Benzenedicarboxylic acid, dimethyl ester 131-11-3
U 102
Sulfuric acid, dimethyl ester 77-78-1 U 103
Carbamic acid, diniethyl-, 1-((dimethylamino) carbonyl]-5-methyl-l H-
644-64-4 P191
Benzene, dimtro- 25154-54-5
Phenol, 2-methyl-4,6-dinitro- 534-52-1
Phenol, 2,4-dimtro- 51-28-5
Benzene, 1-methyl-2,4-dimtro- 121-14-2
Benzene, 2-methyl-I ,3-dinitro- 606-20-2
Phenol, 2-(1 -methylpropyl)-4,6-dinitro- 88-85-7
I ,2-Benzenedicarboxyhc acid, dioctyl ester
U017
Benzenamine, N-phenyl- 122-39-4
Hydrazine, I ,2-diphenyl- 122-66-7 U 109
1-Propanamine, N-nitroso-N-propyl- 621-64-7 Ui 11
Thioperoxydicarbomc diamide, tetraethyl 97-77-8
Phosphorodithioic acid, O,O-diethylS- [ 2-(ethyithio)ethyl] ester 298-04-4
P039
541-53-7
Dithiobiuret Thioimidodicarbonic diamide I(H 2 N)C(S)I 2 NH
P049
Endosulfan 6,9-Methano-2,4,3-benzodioxathiepin,6,7,8,9, 10,1 0-hexachloro-
1 ,5,5a,6,9,9a-hexahydro-,3-oxide 115-29-7 P050
Endothall 7-Oxabicyclo [ 2.2. ljheptane-2,3-dicarboxylic acid 145-73-3
P088
Endrin 2,7:3,6-Dimethanonaphth [ 2,3-bJ oxuene, 3,4,5,6,9,9-hexachloro-
la,2,2a,3,6,6a,7,7a-octa-hydro-, (laalpha,2beta,2abeta,3alpha, 6alpha,6abeta,7beta,7aalpha)- 72-20-8
P051
EPTC
Endnn metabohtes
Epichiorohydrin
Epinephrine
Ethyl carbamate (urethane)
Ethyl cyanide
Ethyl ziram
Oxirane, (chloromethyl)- 106-89-8
1 ,2-Benzenediol, 4-I1-hydroxy-2-(methylamino)ethyl]-, (R)-
P042
Carbamothioic acid, dipropyl-, S-ethyl ester
Carbamic acid, ethyl ester
Propanenitrile
Zinc, bis(diethylcarbamodithioato-S,S’)-
t thyIenebisclIthiocarbamic acid Carbamodithioic acid, 1 ,2-ethanediylbis-
Ethylenebisdithiocarbamic acid, salts and esters
Ethylene dibromide Ethane, 1 ,2-dibromo-
Ethylene dichlonde Ethane, 1 ,2-dichloro-
Ethylene glycol monoethyl ether Ethanol, 2-ethoxy-
Ethyleneimine Aziridine
Ethylene oxide Oxirane
Ethylenetluourea 2-lmidazolidinethione
Ethylidene dichloride
Ethyl methacrylate
Ethyl methanesulfonate
Famphur
ester
Ferbam
1
U238
PlO!
U 114
U114
106-93-4 U067
107-06-2 U077
110-80-5 U359
151-56-4 P054
75-21-8 U115
96-45-7 U116
Ethane, 1,1 -dichloro- 75-34-3 U076
2-Propenoic acid, 2-methyl-, ethyl ester 97-63-2 U 118
Methanesulfonic acid, ethyl ester 62-50-0 U 119
Phosphorothioic acid, O- [ 4-I(dimethylamino)sulfonyllphenyljO,O-dimethyl
52-85-7 P097
Iron, tris ,_ rbL jd1th11_ ‘, ‘)- 14484-64-
Same 206-44-0 U120
Same 7782-41-4 P056
Acetamide, 2-fluoro- 640-19-7 P057
Acetic acid, fluoro-, sodium salt 62-74-8 P058
Same 50-00-0 U 122
Methaninudamide, N ,N-dimethyl-N ‘- 3- [ I(methylamino)carbonyl] oxyJ
23422-53-9 P198
Same 64-18-6 U123
Methanimidamide, N,N-dimethyl-N ‘-12-methyl-4- [ [ (methylamino)
17702-57-7 P197
(dimethv1c
smc
)aio— .
-------
Glycidylaldehyde
Halomethanes, N .O.S.’
Heptachior
Hexach loroethane
Hexachiorophene
Hexach loropropene
Hexaethyl tetraphosphate
Hydrazine
Hydrogen cyanide
Hydrogen fluoride
Hydrogen sulfide
Indenoll ,2,3-cd]pyrene
3-lodo-2-propynyl n-butylcarbamate
6
Lead
Lead compounds, N.O.S.’
Lead acetate
Lead phosphate
Lead subacetate
Lindane
4a lpha,Salpha,6beta)-
Maleic anhydride
Maleic hydrazide
Malonon itrile
Manganese dimethyldithiocarbamate
3
Meiphalan
Mercury
Mercury compounds, N.O.S.’
Mercury fulminate
Metam sodium
Ethane, hexachioro- 67-72-1
Phenol, 2,2 ’-methylenebis [ 3,4,6-tiichloro- 70-30-4
1-Propene, 1,1 ,2,3,3,3-hexachloro- 1888-71-7
Tetraphosphoric acid, hexaethyl ester 757-58-4
Same 302-01-2
Hydrocyanic acid 74-90-8
Hydrofluoric acid 7664-39-3
Hydrogen sulfide H2S 7783-06-4
Same 193-39-5
Carbamic acid, butyl-, 3-iodo-2-propynyl ester
Fulminic acid, mercury(2 +) salt 628-86-4
Carbamodithioic acid, methyl-, monosodium salt
U131
U 132
U243
P062
U 133
P063
U 134
U 135
U 137
55406-53-
U 144
UI 45
U 146
U 147
U 148
UI 49
15339-36-
148-82-3
U15l
P065
137-42-8
Methacrylomtrile
Methapyrilene
Methiocarb
Methomyl
Methoxychlor
Methyl bromide
Methyl chloride
Methyl chiorocarbonate
Methyl chloroform
3-Methylcholanthrene
U029
U045
UI 56
U226
56-49-5
Oxiranecarboxyaldehyde
765-34-4 U126
4,7-Methano-I H-indene, 1 ,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
76-44-8 P059
Heptachlor epoxide 2,5-Methano-2H-indeno( 1 ,2-bloxirene, 2,3,4,5,6,7,7-heptachloro-1 a, lb,5,
5a,6,6a-hexa-hydro-,(l aalpha, lbbeta,2alpha,Salpha,Sabeta,6beta,6aalpha)- 1024-57-3
Heptachior epoxide (alpha, beta, and gamma isomers)
Heptachlorodibenzofurans
Heptachlorodibenzo-p-dioxins
Hexach lorobenzene Benzene, hexachloro- 118-74-1
U 127
Hexachlorobutadiene 1 ,3-Butadiene, 1,1 ,2,3,4,4-hexachloro- 87-68-3
Hexachlorocyclopentadiene 1 ,3-Cyclopentadiene, 1 ,2,3,4,5,5-hexachloro-
U 130
Hexach lorodibenzo-p-diox ins
Hexach!orodibenzofurans
U 128
77-47-4
Isobutyl alcohol 1-Propanol, 2-methyl- 78-83-1 U 140
Isodrin 1 ,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,1 0-hexachloro-1 ,4,4a, 5,8,8a-
hexahydro-, (laipha, 4alpha,4abeta,5beta,8beta, 8abeta)- 465-73-6 P060
Isolan Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl
ester 119-38-0 P192
Isosafrole 1 ,3-Benzodioxole, 5-(1-propenyl)- 120-58-1 U 141
Kepone 1 ,3,4-Metheno-2H-cyclobutalcd]pentalen-2-one, 1, la,3 ,3a,4,5,5,5a,5b,6-
decachlorooctahydro- 143-50-0 U 142
Lasiocarpine 2-Butenoic acid, 2-methyl-,7- [ 2,3 -dihydroxy-2-(1-methoxyethyl)-3-
methyl-1-oxobutoxyjmethylj-2,3,5,7a-tetrahydro-1H-pyrrohzin-1-yl ester, [ 1S [ lalpha(Z),7(2S*,3R*),7aalpha]] 303-
34-1
Same 7439-92-1
Acetic acid, lead(2 +) salt 301-04-2
Phosphoric acid, lead(2 +) salt (2:3) 7446-27-7
Lead, bis(acetato-O) tetrahydroxytri- 1335-32-6
Cyclohexane, 1 ,2,3,4,5,6-hexachloro-, (lalpha,2alpha, 3beta,
58-89-9 U129
2,5-Furandione 108-31-6
3,6-Pyridazinedione, 1,2-dihydro- 123-33-I
Propanedinith.le 109-77-3
Manganese, bis (dimethylcarbamodithioato-S,S ’)-
P196
L-Phenylalanine, 4- [ bis(2-chloroethyl)aminol]-
U 150
Same 7439-97-6
2-Propenenitrile, 2-methyl- 126-98-7 U 152
1 ,2-Ethanediamine, N,N-dimethyl-N ’-2-pyndinyl-N ‘-(2-thienylmethyl)-
91-80-5 U155
Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate 2032-65-7
P199
Ethanimidothioic acid, N- [ I(methylamino)carbonyl]oxyj-, methyl ester
16752-77-5 P066
Benzene, 1,1 -(2,2,2-thchloroethylidene)bis [ 4-methoxy- 72-43-5
U247
Methane, bromo- 74-83-9
Methane, chloro- 74-87-3
Carbonochloridic acid, methyl ester 79-22-1
Ethane, 1,1, 1-trichloro- 71-55-6
Benz(j]aceanthrylene, I ,2-dihydro-3-methyl-
-------
4,4 ’-Methylenebis(2-chloroanihne)
Methylene bromide
Methylene chloride
Methyl ethyl ketone (M K)
Methyl ethyl ketone peroxide
Methyl hydrazine
Methyl iodide
Methyl isocyanate
2-Methyllactonitrile
Methyl methacrylate
Methyl methanesulfonate
Methyl parathion
Methylthiouracil
Mustard gas
Naphthalene
1 ,4-Naphthoquinone
a lpha-Naphthylamine
beta-Naphthylamine
alpha-Naphthylthiourea
Nickel
Nickel compounds, N.O.S. 1
Nickel carbonyl
Nickel cyamde
Nicotine
Nicotine salts
Nitric oxide
p-Nitroaniline
Nitrobenzene
Nitrogen dioxide
Nitrogen mustard
Nitrogen mustard, hydrochloride salt
Nitrogen mustard N-oxide
N-Nitrosomethylvmylamine
N-Nitrosomorpholine
N-Nitrosonornicotine
8
N-Nitrosopiperidine
N-Nitrosopyrrohdine
N-Nitrososarcosine
5-Nitro-o-toluidine
Octamethylpyrophosphoramide
Bthane, 1,1 ‘-thiobisl2-chloro-
Same
1 ,4-Naphthalenedione
1 -Naphthalenamine
2-Naphtha lenamine
Thiourea, l-naphthalenyl-
Same
Pipendine, 1-nitroso-
Pyrrolidine, 1-nitroso-
Glycine, N-methyl-N-mtroso-
Benzenamine, 2-methyl-5-nitro-
Diphosphoramide, octamethyl-
505-60-2
91-20-3
130-15-4
134-32-7
91-59-8
86-88-4
7440-02-0
100-75-4
930-55-2
13256-22-9
99-55-8
152-16-9
P073
P074
54-11-5
P075
P076
P077
U 169
P078
5 1-75-2
126-85-2
P081
U 170
U 171
U 172
Ui 73
UI 74
P082
U 176
U 177
Ui 78
P084
16543-55-
U 157
Benzenamine, 4,4-methylenebis [ 2-chloro- 101-i 4-4 UI 58
Methane, dibromo- 74-95-3 U068
Methane, dichloro- 75-09-2 U080
2-Butanone 78-93-3 U 159
2-Butanone, peroxide 1338-23-4 U 160
Hydrazine, methyl- 60-34-4 P068
Methane, jodo- 74 -88-4 U138
Methane, isocyanato- 624-83-9 P064
Propanenitrile, 2-hydroxy-2-methyl- 75-86-5 P069
2-Propenoic acid, 2-methyl-, methyl ester 80-62-6 U162
Methanesulfomc acid, methyl ester 66-27-3
Phosphorothioic acid, 0,0-dimethyl O-(4-nitrophenyl) ester 298-00-0
P071
4(1 H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- 56-04-2
Ui64
Metolcarb Carbamic acid, methyl, 3-methylphenyl ester 1129-41-5
P190
Mexacarbamate Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) 315-
18-4 P128
Mitomycin C Azirino [ 2 ,3 :3,4lpyrrolo [ l ,2-aj indole-4,7-dione,6-amino-8-
[ [ (aminocarbonyl) oxylmethyll-l , 1 a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [ 1 aS-(iaalpha, 8beta,8aalpha,
8balpha)I- 50-07-7 U010
MNNG Guanidine, N-methyl-N ‘-nitro-N-nitroso- 70-25-7 U163
Molinate 1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester 2212-67-I
U 165
U 166
U 167
U 168
P072
Nickel carbonyl Ni(CO) 4 , (l’-4)- 13463-39-3
Nickel cyanide Ni(CN) 2 557-19-7
Pyridine, 3-(1-methyl-2-pyrrohdmyl)-, (S)-
P075
Nitrogen oxide NO 10102-43-9
Benzenamine, 4-nitro- 100-01-6
Benzene, nitro- 98-95-3
Nitrogen oxide NO 2 10102-44-0
Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl-
Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl-, N-oxide
Nitrogen mustard, N-oxide, hydrochionde salt
Nitroglycerin 1,2,3-Propanetriol, trinitrate
p-Nitropheno l Phenol, 4-nitro-
2-Nitropropane Propane, 2-nitro-
Nitrosamines, N.O.S.’
N-Nitrosodi-n-butylamine
N-Nitrosodiethanolamine
N-Nitrosodiethylamine
N-Nitrosodimethylamine
N-Nitroso-N-ethylurea
N-Nifrn om thv1 thvI mine
55-63-0
100-02-7
79-46-9
35576-91-iD
1-Butanamine, N-butyl-N-nitroso- 924-16-3
Ethanol, 2,2 ’-(mtrosoinuno) bis- 1116-54-7
Ethanamine, N-ethyl-N-nitroso- 55-18-5
Methanamine, N-methyi-N-nitroso- 62-75-9
Urea, N-ethyl-N-mtroso- 759-73-9
Ethanamine, N-methyl-N-nitroso- 10595-95-6
Urea, N-methyl-N-nitroso- 684-93-5
Carbamic acid, methylnitroso-, ethyl ester 6 15-53-2
Vmylamine, N-methyl-N-nitroso- 4549-40-0
Morpholine, 4-nitroso- 59-89-2
Pyridine, 3-(i -nitroso -2-pyrrolidinyl)-, (S)-
U 179
U 180
U181
P085
-------
Osmium tetroxide Osmium oxide 0s0 4 , (T-4)- 20816-12-0 P087
Oxamyl Ethanimidithioic acid, 2-(dimethylamino)-N- [ [ (methylamino)carbonyl]oxyl-
2-oxo-, methyl ester 23135-22-0 P194
Paraldehyde 1 ,3,5-Trioxarie, 2,4,6-trimethyl- 123-63-7 Ui 82
Parathion Phosphorothioic acid, 0,0-diethyl O-(4-nitrophenyl) ester 56-38-2
P089
Pebulate Carbamothioic acid, butylethyl-, S-propyl ester 1114-71-2
Pentachtornhen,pnp Benzene, pentachloro- 608-93-5 U 183
Pentachlorodibenzo-r ,-dioxins
I’entachlorochbenzotUrans
Pentachioroethane Ethane, pentachloro- 76-01-7 U 184
Pentachloronifrobenzene (PCNB) Benzene, pentachloronitro- 82-68-8 U 185
Pentachiorophenol Phenol, pentachloro- 87-86-5 See F027
Phenacetin Acetamide, N-(4-ethoxyphenyl)- 62-44-2 U 187
Phenol Same 108-95-2 U188
Phenylenediamine Benzenediamine 25265-76-3
Phenylmercury acetate Mercury, (acetato-O)phenyl- 62-38-4 P092
Pheny lthiourea Thiourea, phenyl- 103-85-5 P093
Phosgene Carbonic dichloride 75-44-5 P095
Phosphine Same 7803-51-2 P096
Phorate Phosphorodithioic acid, 0,0-diethyl S- [ (ethylthio)methyl] ester 298-02-2
P094
Phthalic acid esters, N.O.S)
Phthalic anhydride 1 ,3-lsobenzofurandione 85-44-9 U 190
Physostigmine Pyrrolo [ 2,3-bjindol-5-01 ,1,2,3, 3a,8,8a-hexahydro-1 ,3a,8-trimethyl-,
methylcarbamate (ester), (3aS-cis)- 5747-6 P204
Physostigmine salicylate Benzoic acid, 2-hydroxy-, compd. with (3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1 ,3a,8-trimethylpyrrolo I2,3-b indo1-5-yl methylcarbamate ester (1 :1) 57-64-7 P188
2-Picohne Pyridine, 2-methyl- 109-06-S U 191
Polychlorinated biphenyls, N .O.S)
Potassium cyanide Potassium cyanide K(CN) 151-50-8 P098
Potassium dimethyldithiocarbamate Carbamodithioic acid, dimethyl, potassium salt 128-03-0
Potassium n-hydroxymethyl-n-methyl-dithiocarbamate Carbamodithioic acid,
(hydroxymethyl)methyl-, monopotasslum salt 51026-28-9
Potassium n-methyldithiocarbamate Carbamodithioic acid, methyl-monopotassium salt 13741-7
Potassium pentachlorophenate Pentachiorophenol, potassium salt 7778-73-6
Potassium silver cyanide Argentate(l -), bis(cyano-C)-, potassium 506-61-6 P099
Promecarb Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate 2631-37-0
P201
Pronamide Benzamide, 3,5-dichloro-N-(1, 1-dimethyl-2-propynyl)- 23950-58-
5 U192
1,3-Propane sultone 1 ,2-Oxathiolane, 2,2-dioxide 1120-714 U 193
Propham Carbamic acid, phenyl-, 1-methylethyl ester 122-42-9
U373
Propoxur Phenol, 2-(1-methylethoxy)-, methylcarbamate 114-26-1
U411
n-Propylamine I -Propanamine 107-10-8 U 194
Propargyl alcohol 2-Propyn-1-ol 107-19-7 P102
Propylene dichlonde Propane, 1 ,2-dichloro- 78-87-5 U083
1 ,2-Propylenimine Aziridine, 2-methyl- 75-55-8 P067
Propylthiouracil 4(1 H)-Pyrimidinone, 2,3-dihydro-6-propyl-2-thioxo- 51-52-5
Prosulfocarb Carbamothioic acid, dipropyl-, S4phenylmethyl) ester 52888-80-
9 U387
Pyridine Same 110-86-1 U 196
Reserpine Yohimban- 16-carboxylic acid, 11, 17-dimethoxy-1 8- [ (3 ,4,5-
thmethoxybenzoyl) oxyj-smethyl ester,(3beta, l6beta, I lalpha, 1 8beta, 20alpha)- 50-55-5 U200
Resorcinol 1 ,3-Benzenediol 108-46-3 U201
Saccharin 1 ,2-Benzisothiazol-3(2H)-one, 1,1-dioxide 81-07-2 U202
Saccharin salts U202
Safrole 1 ,3-Benzodioxole, 5-(2-propenyl)- 94-59-7 U203
Selenium Same 7782-49-2
Selenium compounds, N.O.S.’
Selenium dioxide Selenious acid 7783-00-8 U204
Selenium sulfide Selenium sulfide SeS 2 7488-56-4 U205
Selenium, tetrakis (dimethyl-dithiocarbamate) Carbamoditluoic acid,
dimethyl-, tetra anhydrosulfide with orthothioselenious acid 144-34-3
-------
Selenourea
Silver
Silver compounds, N.O.S.’
Silver cyanide
Silvex (2,4,5-TP)
Sodium cyanide
Sodium dibutyldithiocarbair
630-10-4 P103
7440-22-4
Silver cyanide Ag(CN) 506-64-9
Propanoic acid, 2-(2,4,5-thchlorophenoxy)-
See F027
Sodium cyanide Na(CN) 143-33-9
Carbamodithioic acid, dibutyl-, sodium salt
Carbamodithioic acid, diethyl-, sodium salt 148-18-5
Carbamodithioic acid, dimethyl-, sodium salt 128-04-1
Pentachlorophenol, sodium salt 13 1-52-2
D-Glucose, 2-deoxy-2- [ [ (methylnitrosoamino)carbonyI]amino - 18883-66-
U206
Strychnidin-10-one 57-24-9
Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester
Dibenzotb,eJ [ 1 ,4]dioxin, 2,3,7,8-tetrachloro- 1746-01-6
Tetrabutylthiuram disulfide
Tetramethyithiuram monosullide
1 ,2,4,5-Tetrachlorobenzene
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofurans
Tetrachloroethane, N .O.S .
1,1,1 ,2-Tetrachloroethane
1,1 ,2,2-Tetrachloroethane
Tetrachioroethylene
2,3,4,6-Tetrachlorophenol
2,3,4,6-Tebachiorophenol, potassium s ’
6
2,3,4,6-Tetrachiorophenol, sodium salt
Tetraethyldithiopyrophosphate
Tetraethyl lead
Tetraethyl pyrophosphate
Tetranitromethane
Thallium
Thallium compounds, N.O.S.’
Thallic oxide
Thallium(1) acetate
Thallium(1) carbonate
Thallium(1) chlonde
Thalhum(1) nitrate
Thallium selemte
Thallium(l) sulfate
Thioacetamide
Thiodicarb
dimethyl ester
Thiofanox
oxime
Thiomethanol
Thiophanate-methyl
ester
Thiophenol
Thiosemicarbazide
Thiourea
Thiram
Tirpate
carbonyl] oxime
Toluene
Toluenediamine
To luene-2,4-dianune
Toluene-2,6-diamine
To luene-3,4-diamine
Toluene diisocyanate
o-Toluidine
Thioperoxydicarbomc diamide, tetrabutyl
Bis(dimethylthiocarbamoyl) sulfide
Benzene, 1 ,2,4,5-tetrachloro-
Ethane, tetrachloro-, N OS
Ethane, 1,1,1 ,2-tetrachloro-
Ethane, 1,1 ,2,2-tetrachloro-
Ethene, tetrachloro-
Phenol, 2,3,4,6-tetrachioro-
Same
Thiodiphosphonc acid, tetraethyl ester
Plumbane, tetraethyl-
Diphosphoric acid, tetraethyl ester
Methane, tetranitro-
Same
1634-02-2
97-74-5
95-94-3 U207
25567-55-9
3689-24-5
78-00-2
107-49-3
509-14-8
7440-28-0
P014
P116
U219
137-26-8
U220
U221
U223
U328
Same
Same
Sodium diethylditluocarbamate
Sodium dimethyldithiocarbamate
P104
93-72-1
P106
136-30-1
Sodium pentachlorophenate
Streptozotocin
4
Strychnme
Strychnine salts
Sulfallate
TCDD
P108
P108
95-06-7
25322-20-7
630-20-6
79-34-5
127-18-4
5 8-90-2
Same
U208
U209
U2 10
See F027
53535-27-
P109
P110
Pill
P112
Thallium oxide T1 2 0 3 1314-32-5 P113
Acetic acid, thalhum(l +) salt 563-68-8 U2l4
Carbonic acid, dithallium(1 +) salt 6533-73-9 U215
Thallium chloride TICI 7791-12-0 U216
Nitric acid, thallium(I +) salt 10102-45-1 U2l7
Selemous acid, dithallium(1 +) salt 12039-52-0 P114
Sulfuric acid, dithalhum(1 +) salt 7446-18-6 P115
Ethanethioamide 62-55-5 U218
Ethanimidothioic acid, N,N ‘- [ thiobisl(methylinuno)carbony loxyJ) bis-,
59669-26-0 U4 10
2-Butanone, 3,3-dimethyl-l -(methylthio)-, 0- [ (methylamino)carbonyl]
39196-18-4 P045
Methanethiol 74-93-1 U 153
Carbamic acid, [ 1 ,2-phyenylenebis (iminocarbonothioyl)Jbis-, dimethyl
23564-05-8 U409
Benzenethiol 108-98-5
Hydrazinecarbothioamide 79-19-6
Same 62-56-6
Thioperoxydicarbonic diamide [ (H 2 N)C(S)1 2 S 2 , tetramethyl-
U244
1 ,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [ (methylamino)
26419-73-8 P185
Benzene, methyl- 108-88-3
Benzenediamine, ar-methyl- 25376-45-8
1 ,3-Benzenediamine, 4-methyl- 95-80-7
I ,3-Benzenediamine, 2-methyl- 823-40-5
1 ,2-Benzenediamine, 4-methyl- 496-72-0
Benzene, 1 ,3-diisocyanatomethyl- 26471-62-5
Benzenamine, 2-methyl- 95-53-4
-------
o-Toluidine hydrochloride Benzenamine, 2-methyl-, hydrochloride 636-21-5 U222
p-To luidine Benzenamine, 4-methyl- 106-49-0 U353
Toxaphene Same 8001-35-2 P123
Triallate Carbamothioic acid, bis(1 -methylethyl)-, S-(2,3,3-trichloro-2-propenyl)
ester 2303-17-5 U389
2,4,6-Tribromophenol Tribromophenol, 2,4,6- 118-79-6 U408
1 ,2,4-Trichlorobenzene Benzene, 1 ,2,4-trichloro- 120-82-1
1,1 ,2-Trichloroethane Ethane, 1,1 ,2-tr,chloro- 79-00-5 U227
Trichloroethylene Ethene, trichloro- 79-01-6 U228
Trichioromethanethiol Methanethiol, trichloro- 75-70-7 P118
Trichloromonofluoromethane Methane, tiichlorofluoro- 75-69-4 U 121
2,4,5-Trichiorophenol Phenol, 2,4,5-trichloro- 95-95-4 See F027
2,4,6-Trichiorophenol Phenol, 2,4,6-trichloro- 88-06-2 See F027
2,4,5-T Acetic acid, (2,4,5-trichlorophenoxy)- 93-76-5 See F027
Trichloropropane, N.O.S.’ 25735-29-9
I ,2,3-Tnchloropropane Propane, 1 ,2,3-trichloro- 96-18-4
0,0,0-Triethyl phosphorothioate Phosphorothioic acid, O,O,O-triethyl esterl26-68-1
Triethylamine Ethanamine, N,N-diethyl- 121-44-8 U404
1 ,3,5-Trinitrobenzene Benzene, 1,3,5-innitro- 99-35-4 U234
Tris(1-aziridinyl)phosphine sulfide Aziridine, 1,1’, 1’ ‘-phosphinothioyhdynetris- 52-24-4
Tns(2,3-dibromopropyl) phosphate 1-Propanol, 2,3-dibromo-, phosphate (3:1) 126-72-7
U235
Trypan blue 2,7-Naphthalenedisulfonic acid, 3,3 -I(3,3’-dimethyl [ l ,1 ‘-biphenyl]-4,4 ’-
diyl)bis(azo)I-bis [ 5-amino-4-hydroxy-, tetrasodium salt 72-57-1 U236
Uracil mustard 2,4-(1 H,3H)-Pynmidinedione, 5- [ bis(2-chloroethyl)aminoJ- 66-75-1
U237
Vanadium pentoxide Vanadium oxide V 2 0 5 1314-62-1 P120
Vernolate Carbamothioic acid, dipropyl-, S-propyl ester 1929-77-7
Vinyl chloride Ethene, chloro- 75-01-4 U043
Warfarin 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-,when present
at concentrations less than 0.3% 81-81-2 U248
Warfarin 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-,when present
at concentrations greater than 0.3% 81-81-2 POOl
Warfarin salts, when present at concentrations less than 0.3% U248
Warfarin salts, when present at concentrations greater than 0.3% P001
Zinc cyanide Zinc cyanide Zn(CN) 2 557-21-1 P121
Zinc phosphide Zinc phosphide Zn 3 P 2 , when present at concentrations greater than 10%
1314-84-7 P122
Zinc phosphide Zinc phosphide Zn 3 P 2 , when present at concentrations of 10% or less
13 14-84-7 U249
Ziram Zinc, bis (dimethylcarbamodithioato- S,S’)-, (F-4)- 137-30-4
P205
The abbreviation N.O.S. (not otherwise specified) signifies those members of the general
class not specifically listed by name in this appendix.
Author: Stephen C. Maurer; Amy P. Zachry.
Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: April 9, 1986; September 29, 1986; August 24, 1989; December 6, 1990; January
25, 1992; January 5, 1995; January 12, 1996; March 28, 1997; March 27, 1998; April 2,
1999.
335-14-2-APPENDIX IX Wastes Excluded Under 335-14-1-.03(2 )
TABLE 1- WASTE EXCLUDED FROM NON-SPECIFIC SOURCES
Facility Waste Description
Ampex Recording Media Corp. Opelika, AL ALD 003 297 116 Solvent recovery residues
in the powder or pellet form (EPA Hazardous Waste Nos. F003 and F005) generated from the
recovery of spent solvents from the manufacture of tape recording media (generated at a
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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 Rule 335-14-2-.03(5) using the method specified
therein. The annual analytical results, including quality control information, must be
compiled, certified according to Rule 335-14-1-.03(2)(i)16., maintained on-site for a minimum
of five years, and made available for inspection upon request by any employee or
representative of the EPA or the State of Alabama. Failure to maintain the required records
on-site will be considered by the EPA, at its discretion, sufficient basis to revoke the exclusion
to the extent directed by the EPA.
Hoechst Celanese Corp. Bucks, AL ALD 056 113 756Distillation bottoms generated (at a
maximum annual rate of 31,500 cubic yards) from the production of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This exclusion was published by the EPA on July 17, 1990.
This exclusion does not include the waste contained in Hoechst Celanese’s on-site surface
impoundment.
Universal Oil Products Decatur, AL ALD 053 363 776 Wastewater treatment sludges EPA
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.
Reynolds Metals Company Sheffield, AL ALD 053 365 160 Dewatered wastewater
treatment sludges (EPA Hazardous Waste No. F019) generated (at a maximum annual rate of
3,840 cubic yards) from the chemical conversion coating of aluminum after August 15, 1986.
Reynolds Metals Company Sheffield, AL ALD 095 687 679 Wastewater treatment press
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 July
17, 1990.
TABLE 2- WASTES EXCLUDED FROM SPECIFIC SOURCES
Facility Waste Description
Akzo Chemicals Inc. (formerly Stauffer Chemical Company) Axis, AL ALD 008 161 176
Brine purification muds generated from their chior-alkali
manufacturing operations (EPA Hazardous Waste No. K071) and disposed of in brine mud
pond HWTF: 5 EP-201.
Occidental Chemical Corporation Muscle Shoals Plant Sheffield, AL ALD 004 019 642
Retorted wastewater treatment sludge from the mercury cell
process in chlorine production (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 constituent 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-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-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
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minimum of three years all analytical data and quantity control data. These data must be
furnished upon request and made available for inspection by any employee or representative of
the EPA or the State of Alabama. These testing requirements shall be terminated by the EPA
and the Department 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, and the Department 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-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 the EPA or the State of Alabama. These
testing requirements shall remain in effect until Occidental provides the EPA and the
Department with analytical and quality control data for 30 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, and the Department 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 an employee or representative of the 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/I; for barium exceeds 32.3 mg/I; for cadmium or
selenium exceed 0.323 mg/I; for mercury exceeds 0.065 mg/I; for nickel exceeds 16.15 mg/I:
for cyanide exceeds 22.61 mg/I; 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) and the Department when the full-scale retort 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-343), U.S. EPA, 401 M Street SW,
Washington, DC 20460 and the Director of the Department within the time period specified in
Condition (1). At the Section Chief’s or the Director’s request, Occidental must submit any
other analytical data obtained through Condition (2) to the above address, and to the
Department within the time period specified by the Section Chief or the Department. Failure
to submit the required data will be considered by the Agency or the Department sufficient basis
to revoke Occidental’s exclusion to the extent directed by the EPA and the Department. 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 State law and the Federal Code which
include, but may not be limited to, 18 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 the EPA or the
Department 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 the EPA or the Department and that the company
will be liable for any actions taken in contravention of the company’s AHWMMA, RCRA and
CERCLA obligations premised upon the company’s reliance on the void exclusion.”
Author: Stephen C. Maurer; Philip Woods.
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Statutory Authority: Code of Alabama 1975, § 22-30-10 and 22-30-11.
History: November 19, 1980;
Amended: February 15, 1988; August 24, 1989, December 6, 1990; January 25, 1992;
January 5, 1995; March 27, 1998.
335-14-2-APPENDIX X EReserved ]
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2
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7 ____
MOthAd Iu iS
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RCRA PARALLEL CITATIONS FOR FLORIDA
TOPIC
CFR
Fla. Admin. Code Ann. r.
xx-m. xxx
Hazardous Waste
Management System
260 1 and 260 2
260 10 (definitions)
62-730 020- adopts federal
regs
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261.1
62-730 030- adopts federal
regs
“solid waste” definition
261.2
62-730.030
“hazardous waste” definition
261.3
62-730.030
“solid waste” exclusions
261.4
62-730 030
requirements for CESQG
261.5
62-730 030
criteria for identifying
characteristics of hazardous
waste
261.10
62-730.030
criteria for listing hazardous
waste
261.11
62-730.030
characteristics of hazardous
waste
261 20-261 24
62-730.030
lists of hazardous wastes
26 1.30-261 32
62-730.030
Florida, Final Authorization of State Hazardous Waste Management Program
• 50 FR 3908 (1/29/85)
• effective date 2/12/85
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50 FR 3908-01 Page 1
1985 WL 88532 (FR.)
(Cite as: 50 FR 3908)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[ SW-4-FRL 2765-81
Florida; Decision on Final Authorization of State Hazardous Waste Management
Program
Tuesday, January 29, 1985
*3908 AGENCY: Environmental Protection Agency.
ACTION: Notice of Final Determination on Florida’s Application for Final Authorization.
SUMMARY: Florida has applied for Final Authorization under the Resource Conservation and Recovery Act
(RCRA). The Environmental Protection Agency (EPA) has reviewed Florida’s application and has reached a final
determination that Florida’s Hazardous Waste Program satisfies all of the requirements necessary for Final
Authorization. Thus, EPA is granting Final Authorization to the State to operate its program.
EFFECTIVE DATE: Final Authorization for Florida, for purposes of judicial review, shall be effective at 1:00 p.m.
Eastern time on February 12, 1985.
FOR FURTHER INFORMATION CONTACT: Allan E. Antley, Chief, Waste Planning Section, Residuals
Management Branch, Waste Management Division, U.S. Environmental Protection Agency, 345 Courtland Street,
NE., Atlanta, Georgia 30365, (404) 881-3016.
SUPPLEMENTARY INFORMATION: Section 3006 of RCRA allows the EPA to authorize state hazardous waste
management programs to operate in the state in lieu of the Federal program. To qualify for Final Authorization, the
state’s program must (1) be “equivalent” to the Federal program, (2) be consistent with the Federal program and
other state programs, and (3) provide for adequate enforcement (Section 3006(b) of RCRA, 42 U.S.C. 6226(b)).
On July 2, 1984, Florida submitted a complete application to obtain Final Authorization to administer a RCRA
program. On November 16, 1984, EPA published a tentative decision announcing its intent to grant Florida Final
Authorization. Further background on the tentative decision appears at 49 FR 45452, November 16, 1984.
Along with the tentative determination, EPA announced the availability of the State’s application for public review
and comment, and the date of a public hearing on the application. The public hearing was not held as scheduled on
December 18, 1984, since neither EPA nor the Florida Department of Environmental Regulation received significant
interest in holding the hearing.
To date, all RCRA hazardous waste management permits in Florida have been issued by the State under the authority
granted to the State during interim authorization. Therefore, there will be no change in the status of permits or
permitting authority on the effective date of this rule.
Florida is not authorized by the Federal government to operate the RCRA program on Indian Lands and this
authority will remain with EPA.
Decision
It is my conclusion that Florida’s application for Final Authorization meets all of the regulatory and statutory
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50 FR 3908-01 Page 2
(Cite as: 50 FR 3908, *3908)
requirements established by RCRA.
Accordingly, Florida is granted final authorization to operate its hazardous waste management program, subject to
the limitations on its authority imposed by the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-616,
November 8, 1984) (HSWA). Florida now has responsibility for permitting treatment, storage and disposal facilities
within its borders and for cariying out other aspects of the RCRA program, *3909 subject to the HSWA. Florida also
has primary enforcement responsibility, although EPA retains the right to conduct inspections under Section 3007 of
RCRA and to take enforcement actions under Sections 3008, 3013 and 7003 of RCRA.
Prior to the Hazardous and Solid Waste Amendments amending RCRA, a State with Final Authorization
administered its hazardous waste program entirely in lieu of the EPA. The Federal requirements no longer applied in
the authorized State, and EPA could not issue permits for any facilities the State was authorized to permit. When
new, more stringent Federal requirements were promulgated, or enacted, the State was obligated to enact equivalent
authority within specified time frames. New Federal requirements do not take effect in an authorized State until the
State adopts the requirements as State law.
In contrast, under newly enacted section 300 6 (g) of RCRA, 42 U.S.C. 6 92 6 (g), the new requirements and
prohibitions imposed by the HSWA take effect in authorized States at the same time as they take effect in non-
authorized States. EPA is directed to carry out those requirements and prohibitions in authorized States, including the
issuance of fuLl or partial pennits, until the State is granted authorization to do so. While States must still adopt the
HSWA-related provisions as State law, the HSWA applies in authorized States in the interim.
As a result of the HSWA, there will be a dual StatelFederal regulatory program in Florida. To the extent the
authorized State program is unaffected by the HSWA, the State program will operate in lieu of the Federal program.
If the HSWA-related requirements are more stringent than Florida’s, EPA will administer and enforce the
prohibitions and requirements of the HSWA in Florida until the State receives authorization to do so. Among other
things, this may entail the issuance of Federal RCRA permits for those areas in which the State is not yet authorized.
Once the State is authorized to implement a HSWA requirement or prohibition, the State program in that area will
operate in lieu of the Federal provision. Until that time the State will assist EPA’s implementation of the HSWA
under a Cooperative Agreement.
Any State requirement that is more stringent than an HSWA provision also remains in effect; thus, the universe of
the more stringent provisions in the authorized State program and the HSWA define the applicable requirements in
Florida. (Florida is not being authorized now for any requirement implementing the HSWA.)
EPA will be publishing a Federal Register notice that explains in detail the HSWA and its effect on authorized
States.
That notice should be referred to for further information. Region IV and Florida are currently reviewing the
Memorandum of Agreement (MOA) to revise it to address the requirements of the HSWA. The current MOA
provides that Florida shall administer the RCRA program in lieu of EPA and that EPA shall not issue permits in the
State. Thus, it is inconsistent with the HSWA and will be revised to reflect EPA’s and Florida’s respective
responsibilities under the new Federal/State regulatory scheme. (Because of the strict statutory time clock for
processing final authorization applications, the State and EPA did not have ample time to revise the MOA before
EPA’s fmal approval of the State’s application.)
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this rule from the requirements of Section 3 of Executive Order
12291.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certif y that this authorization will not have a significant
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50 FR 3908-01 Page 3
(Cite as: 50 FR 3908, 3909)
economic impact on a substantial number of entities. This authorization effectively suspends the applicability of
certain Federal regulations in favor of Florida’s program, thereby eliminating duplicative requirements for handlers of
hazardous waste in the State. It does not impose any new burdens on small entities. This rule, therefore, does not
require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous materials, Indian lands, Reporting and recordkeeping requirements, Waste treatment and disposal,
Intergovernmental relations, Penalties, Confidential business information.
Authority: This notice is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act as amended by the RCRA of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b), EPA delegation
8-7.
Dated: January 4, 1985.
Charles R. Jeter,
Regional Administrator.
[ FR Doc. 85-2184 Filed 1-28-85; 8:45 ansI
BILLING CODE 6560-50-M
50 FR 3908-01, 1985 WL 88532 (F.R.)
END OF DOCUMENT
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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CHAPTER 62-730
HAZARDOUS WASTE
TABLE OF CONTENTS
PAGE
62-730.001 Declaration and Intent. I
62-730.020 Definitions. I
62-730.021 References, Variances and Case-by-Case Regulations. 2
62-730.030 Identification of Hazardous Waste. 2
62-730.140 Declaration and Intent.(REPEALED) 4
62-730.150 General. 4
62-730.160 Standards Applicable to Generators of
Hazardous Waste. 5
62-730.161 Emergency Identification Numbers. 6
62-730.170 Standards Applicable to Transporters of
Hazardous Waste. 7
62-730.171 Transfer Facilities. 8
62-730.180 Standards Applicable to Owners and Operators
of Hazardous Waste Treatment, Storage and
Disposal Facilities. 10
62-730.181 Standards for the Management of Specific
Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities. 13
62-730.183 Land Disposal Restrictions. 15
62-730.184 Adoption of Federal Procedures for Decision
Making. 15
62-730.185 Standards for Universal Waste Management. 16
62-730.200 Introduction and Scope. 16
62-730.210 Definitions. 17
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62-730.220 Applications for Permits. 17
62-730.231 Newly Regulated Facilities. 21
62-730.240 Operation Permits. 23
62-730.250 Construction Permits. 23
62-730.260 Closure Permits. 25
62-730.270 Exemptions. 26
62-730.280 Permit Conditions.(rEPEALED) 27
62-730.290 Permit Modification.27
62-730.300 Permit Renewal and Transfer. 27
62-730.310 Availability of Information. 29
62-730.320 Emergency Detonation or Thermal Treatment
of Certain Hazardous Waste. 30
62-730.330 Research Development and Demonstration
Permits. (REPEALED) 31
62-730.900 Forms.. 32
PART I
HAZARDOUS WASTE RULE
DEFINITION AND IDENTIFICATION
62-730.001 Declaration and Intent.
The State of Florida Department of Environmental Protection (DEP) promulgates
Florida Administrative Code Rule 62-730 020, to establish appropriate
definitions to be used in the rules to be adopted implementing Part IV of Chapter
403, Florida Statutes, establishing a Florida hazardous waste management
program. Florida Administrative Code Rule 62-730 030, shall be adopted to
establish the identification of hazardous wastes to be regulated pursuant to Part
IV of Chapter 403, Florida Statutes, by listing of hazardous wastes and by
establishing procedures by which hazardous wastes may be identified.
When used in any such provisions as may be adopted from 40 CFR Parts
260 and 261: United States shall mean the State of Florida, EPA shall mean
DEP, and Administrator shall mean Secretary of DEP or the Secretary’s
designee, where appropriate.
Specific Authority 403.704, 403.8055, FS.
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Law Implemented 403.72, 403.704, FS
History -- New 5-28-81; Amended 9-8-81, 12-6-81, 2-25-82, 5-19-83, 1 -5-84,
8-24-84, 7-5-85; Formerly 17-30.01, 17-30.001, Formerly 17-730.001.
62-730.020 Definitions.
(1) The Department adopts by reference the definitions contained in
40 CFR Section 260.10 revised as of July 1, 1997.
(2) When the same word, phrase, or term is defined in Part IV of
Chapter 403, Florida Statutes, and 40 CFR Part 260.10, and the definitions are
not identical, the definitions as given in the State Statute shall apply.
(3) References to 40 CFR Part 261 shall mean rules adopted by DEP
regarding identification of hazardous wastes, references to 40 CFR Part 262
shall mean rules adopted by DEP regarding generators of hazardous wastes,
references to 40 CFR Part 263 shall mean rules adopted by DEP regarding
transporters of hazardous wastes, references to 40 CFR Parts 264 and 265 shall
mean rules adopted by DEP regarding treaters, storers, and disposers of
hazardous wastes, references to 40 CFR Part 266 shall mean rules adopted by
DEP regarding standards for the management of specific hazardous wastes,
references to 40 CFR Part 268 shall mean rules adopted by DEP regarding land
disposal restrictions, references to 40 CFR Part 273 shall mean rules adopted
by DEP regarding standards for universal waste management, and references to
40 CFR Parts 270 and 124 shall mean rules adopted by DEP regarding
permitting of hazardous waste facilities.
(4) Federal regulations adopted and incorporated by reference in this
rule shall become effective 20 days after filing with the Secretary of State unless
the Secretary stipulates a different date in the filing. However, no such federal
regulation adopted as a state rule shall become effective earlier than the
effective date of the federal regulation.
Specific Authority 403.704, 403.8055, FS.
Law Implemented 403.72, 403.704, FS.
History -- New 5-28-81; Amended 9-8-81, 12-6-81, 11-25-82, 5-19-83, 1-5-84,
8-24-84, 7-5-85; Formerly 17-30.02; Amended 9-19-86, 10-31-86, 5-3-88,
1-25-89; Formerly 17-30.020; Amended 8-13-90, 9-10-91, 1 0-14-92, 10-7-93,
Formerly 17-730.020; Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98.
62-730.021 References, Variances and Case-by-Case Regulations.
(1) The Department adopts by reference the following sections of 40
CFR Part 260 revised as of July 1, 1997:
(a) Sections 260.11, 260.30, 260.31, 260.32, and 260.33, where EPA’s
incorporation of references and variance procedures are published;
(b) Section 260.21 which authorizes petitions for equivalent testing or
analytical methods;
(c) Section 260.23 which describes how to petition to amend 40 CFR
Part 273 to include additional hazardous wastes as universal wastes; and
(d) Sections 260.40 and 260.41, which contain EPA’s case-by-case
regulation of hazardous waste recycling activities.
(2) The Department adopts by reference 40 CFR Section 270.6
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revised as of July 1, 1997, which lists the referenced publications.
Specific Authority 403.704, 403.8055, ES.
Law Implemented 403.704, ES.
History -- New 7-5-85; Formerly 17-30.021, Amended 1-25-89, 8-1 3-90, 9-10-91,
10-14-92, 10-7-93, Formerly 17-730.021; Amended 1-5-95, 9-7-95, 4-30-97,
8-19-98.
62-730.030 Identification of Hazardous Waste.
(1) The Department adopts by reference 40 CFR Part 261 revised as
of July 1, 1997, and all appendices except for the amendments in the Federal
Registers dated May 20, 1992 (57 21524) and July 1, 1992 (57 29220)
This part contains EPA’s rules on the identification and listing of hazardous
waste. No delisting is effective until it is adopted by the Department.
(2) The following modifications shall apply to 40 CFR Part 261 and its
Appendices in order to coordinate with state law and rules:
(a) References to 40 CFR Parts 260.20, 260.21, 260.22, and 260.23,
which contain EPA’s rules on rulemaking petitions, shall not change.
(b) References to 40 CFR Part 262 shall mean rules adopted by DEP
regarding generators of hazardous wastes, reference to 40 CFR Part 263 shall
mean rules adopted by DEP regarding transporters of hazardous waste,
reference to 40 CFR Part 264 and 265 shall mean rules adopted by DEP
regarding treaters, storers and disposers of hazardous wastes, references to 40
CFR Part 266 shall mean rules adopted by DEP regarding standards for the
management of specific hazardous waste, references to 40 CFR Part 268 shall
mean rules adopted by DEP regarding land disposal restrictions, references to
40 CFR Parts 270 and 124 shall mean rules adopted by DEP regarding
permitting of hazardous waste facilities, references to 40 CFR Part 273 shall
mean rules adopted by DEP regarding standards for universal waste
management, and references to Section 3010 of RCRA shall mean notification
requirements of Florida Law.
(c) 40 CFR 261 .5(g)(3)(iii) shall refer to hazardous waste management
programs approved by EPA.
(d) Any reference to Section 1004(5) of RCRA, which is the definition
of hazardous waste, shall mean Section 403.703(21), Florida Statutes.
(3) A conditionally exempt small quantity generator which chooses to
send its hazardous waste to an off-site treatment, storage or disposal facility
shall document delivery of its hazardous waste through written receipts and
other records which are retained for at least three years. The written receipts
and other records shall include names and addresses of the generator and the
treatment, storage or disposal facility, the type and amount of hazardous waste
delivered, and the date of shipment
(4) 40 CFR 261.2(f) requires respondents in actions to enforce
regulations to provide appropriate documentation to support their claim that a
material is not a solid waste or is conditionally exempt from regulation. With
respect to a claim that hazardous waste is exempt from regulation because it
was generated by one or more conditionally exempt small quantity generators
(CESQG) who meet the requirements of 40 CFR 261.5, “appropriate
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documentation” shall mean written records from each applicable CESQG,
detailing the quantities of hazardous waste generated by that CESQG, and the
method and location of disposal of such hazardous waste.
Specific Authority Section 403 72, 403 8055, FS.
Law Implemented 403.72, ES.
History -- New 5-28-81; Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82, 1-5-84,
8-24-84, 12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended 5-5-86,
8-25-86, 9-19-86, 10-31 -86, 3-31-87, 4-13-88, Formerly 17-30030, Amended
1-25-89, 8-13-90, 9-10-91, 1 0-14-92, 10-7-93, Formerly 17-730.030; Amended
1-5-95, 9-7-95, 4-30-97, 8-1 9-98.
PART III
STANDARDS FOR GENERATORS AND TRANSPORTERS
OF HAZARDOUS WASTE AND OWNERS AND OPERATORS
OF HAZARDOUS WASTE FACILITIES
62-730.140 Declaration and Intent. (REPEALED)
Specific Authority 403.704, 403.721, 403.8055, ES.
Law Implemented 403.704, 403.721, 403.722, ES.
History -- New 5-19-82; Amended 7-5-85; Formerly 17-30.14, 17-30.140,
Amended 8-13-90, 10-14-92, Formerly 17-730.140, Amended 9-7-95, Repealed
10-20-96.
62-730.150 General.
(1) Unless specifically indicated otherwise, when used in any such
provisions as adopted from 40 CFR Parts 262, 263, 264, 265, 266, 268, 270,
and 273, United States shall mean the State of Florida, EPA shall mean the
Department, and Administrator or Regional Administrator shall mean the
Secretary of the Department or the Secretary’s designee, where appropriate.
(2) Any reference to 40 CFR Parts 270 or 124 as adopted by reference
in 40 CFR Parts 262, 263, 264, 265, 266, 268, 270, and 273 shall mean the
permitting provisions in Chapters 62-4 or 62-730, FAC, or Section 403.722,
Florida Statutes.
(3) Any reference to the Federal Solid Waste Disposal Act as
amended by the Resource Conservation and Recovery Act of 1976 (RCRA) and
its amendments, within 40 CFR parts 124, 262, 263, 264, 265, 266, 268, 270,
and 273 as adopted by reference herein, shall be construed to refer to
comparable provisions of the Florida Resource Recovery and Management Act
(FRRMA) as established in Part IV of Chapter 403, Florida Statutes.
(4) All references to the term “interim status” in the EPA regulations
adopted by reference herein shall not be applicable to these rules. The
standards contained in 40 CFR Part 265, adopted by reference herein, shall be
effective insofar as their applicability to existing facilities in operation upon the
effective date of this rule.
(5) EPA Form 8700-12 is hereby adopted and incorporated by
reference as published in the February 26, 1980 Federal Register and revised in
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the November 29, 1985 Federal Register. All generators, transporters, or
persons who own or operate a facility which treats, stores, or disposes of
hazardous waste must notify the Department using this form, unless they have
notified EPA prior to the effective date of this rule. All generators, transporters,
or persons who own or operate a facility which treats, stores, or disposes of
hazardous waste, and everyone required to notify under Rule 62-730.181,
F.A.C., shall notify the Department of all changes in status and shall use this
form to do so.
(6) EPA Form 8700-13A/B (5-80) (Revised 08-91), OMB#: 2050-0024
is hereby adopted and incorporated by reference. Copies of the form and
instructions may be obtained by contacting the Hazardous Waste Regulation
Section, Division of Waste Management, Department of Environmental
Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
(7) Upon written request of the Department for specific information
concerning waste management activities, any person who generates, treats,
stores, transports, disposes of, or otherwise handles, or has handled, or
proposes to handle hazardous waste shall furnish all requested information
relating to such waste or handling to the Department within 30 days of receipt of
the Department’s request.
Specific Authority 403.087, 403.704, 403.721, 403.8055, FS.
Law Implemented 403.061, 403.091, 403.151, 403.704, 403 721, 403.722,
403.7222, FS.
History -- New 5-19-82; Amended 1-5-84, 7-5-85, 7-22-85, 4-15-86; Formerly
17-30.15; Formerly 17-30.150; Amended 8-1 3-90, 10-14-92, 10-7-93; Formerly
17-730.150; Amended 1-5-95, 9-7-95.
62-730.160 Standards Applicable to Generators of Hazardous
Waste.
(1) The Department adopts by reference 40 CFR Part 262 revised as
of July 1, 1997, including the Appendix with the exception of 40 CFR 262.34(e).
(2) A primary exporter of hazardous waste shall file a copy of the
advance notification required by 40 CFR 262.53, the annual reports by 40 CFR
262.56, and the exception reports required by 40 CFR 262.55 with the
Department.
(3) References in 40 CFR Section 262.34(f) to on-site accumulation of
hazardous waste for up to 270 days by generators of greater than 100 kg but
less than 1000 kg of hazardous waste in a calendar month shall not apply. Such
waste may only be accumulated on-site for 180 days or less without a permit.
(4) Generators of hazardous waste shall complete the following
sections of the Uniform Hazardous Waste Manifest: Items 1 through 16, 0, F, H,
I, and K on Form 8700-22, and Items 21 through 32, 0, Q, R, and T on Form
8700-22A. Copies of a list of vendors which supply the form and instructions
may be obtained by contacting the Hazardous Waste Regulation Section,
Division of Waste Management, Department of Environmental Protection, 2600
Blair Stone Road, Tallahassee, Florida 32399-2400.
(5) Generators of hazardous waste shall submit biennial reports
required by 40 CFR 262.41, as adopted by reference in this section, to the
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Department on EPA Form 8700-I3AIB. Copies of the form and instructions may
be obtained by contacting the Hazardous Waste Regulation Section, Division of
Waste Management, Department of Environmental Protection, 2600 Blair Stone
Road, Tallahassee, Florida 32399-2400.
(6) Generators of hazardous waste who accumulate hazardous waste
on-site under 40 CFR 262.34, shall maintain written documentation of the
inspections required under 40 CFR Part 265. The generator shall keep the
written documentation of the inspections under this section for at least three
years from the date of the inspection. At a minimum, this documentation shall
include the date and time of the inspection, the legibly printed name of the
inspector, the number of containers, the condition of the containers, a notation of
the observations made, and the date and nature of any repairs or other remedial
actions.
(7) Generators shall maintain adequate aisle space between
containers of hazardous waste to allow for inspection of the condition and labels
of the individual containers.
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.704, 403.72, 403.721, FS.
History -- New 15-19-82; Amended 5-20-82, 3-31-83, 2-2-84, 8-24-84, 7-5-85,
10-3-85; Formerly 17-30.16; Amended 9-19-86, 10-31-86, 3-31-87, 5-26-87,
6-28-88; Formerly 17-30.160; Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92,
10-7-93; Formerly 17-730.160; Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98.
62-730.161 Emergency Identification Numbers.
(1) 40 CFR 262.12(a) requires all generators to obtain an EPA
identification number before offering hazardous waste for transport. Under
certain special circumstances, the Department processes applications for an
emergency identification number [ referred to as an emergency EPA/DEP 1.0
number]. These special circumstances are:
(a) Emergency situations such as spills;
(b) Cleanup of abandoned sites; and
(c) One-time cleanup of a site that does not normally generate
hazardous waste, and will not generate waste in the foreseeable future.
(2) In order to apply for an emergency EPNDEP 1.0. number, the
generator of the hazardous waste(s) shall send the Department a completed
DEP Form 62-730.900(3) and shall follow the instructions on the form.
(3) For the purpose of this section:
(a) An “emergency situation” shall mean a sudden release of
hazardous waste or hazardous materials during transportation or at a product
storage facility.
(b) A “one-time cleanup” shall mean removal of hazardous waste
where: waste has been abandoned on a property; the property is under
bankruptcy proceedings or an administrative, civil, criminal, or judicial
proceeding to compel facility closure; or any other situation which necessitates a
one-time cleanup or removal of hazardous waste.
(4) Pursuant to Sections 403.72 1 and 403.727, F.S., it is a violation of
this rule for a generator to:
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(a) Provide false or incorrect information on DEP Form 62-730.900(3);
(b) Ship hazardous wastes not listed on DEP Form 62-730.900(3);
(C) Ship a greater volume of hazardous waste than listed on DEP
Form 62-730.900(3) without delivering, within 24 hours of the shipment, a written
explanation of the reason for exceeding the original estimated volume.
(d) Ship hazardous waste after 60 days from the issue date of the
emergency EPA/DEP 1.0. number.
(e) Fail to send the Department a legible copy of all signed and
returned manifests and the land disposal restriction notices and certifications
required under 40 CFR 268.7 for the hazardous wastes shipped under the
emergency EPA/DEP I. D. number within 45 days of the last shipment.
(5) A generator with an emergency EPNDEP ID. number who
generates greater than 1000 kg of hazardous waste in a calendar month, shall
submit a biennual report as described in Rule 62-730.160(5), F A.C
Specific Authority 403.704, 403.72. 403.721, 403.727, FS.
Law Implemented: 403.704, 403.721, FS.
History --New 1-5-95.
62-730.170 Standards Applicable to Transporters of Hazardous
Waste.
(1) The Department adopts by reference 40 CFR Part 263 revised as
of July 1, 1997.
(2) In addition to the requirements of paragraph (1) of this Section, no
person shall transport a hazardous waste within the state for which either a
manifest is required under 40 CFR Part 262 or a reclamation agreement is
entered between a generator and recycler pursuant to Part 263.20 unless
compliance with the following special requirements has been demonstrated.
(a) The transporter shall have and maintain financial responsibility for
sudden accidental occurrences in a minimum amount of $1,000,000 per
occurrence for combined coverage of injury to persons and for damage to
property and the environment from the spillage of hazardous waste while such
wastes are being transported including the costs of cleaning up the spill. Such
financial responsibility shall be issued by an agent or company authorized or
licensed to transact business in the State of Florida. Such financial
responsibility shall be maintained at all times, be exclusive of legal defense
costs, and be established by any one or a combination of the following:
1. Evidence of casualty/liability insurance on an occurrence basis
with or without a deductible. With the deductible the Insurer is liable for the
payment of amounts within any deductible applicable to the policy, with a right of
reimbursement by the insured for any such payment made by the Insurer. Each
insurance policy must be evidenced by a certificate of liability insurance or
amended by attachment of an endorsement.
2. Surety bonds.
(b) Evidence of coverage shall include submittal of an originally signed
copy of one or more of the following forms adopted in Rule 62-730.900(5).
F.A.C.:
1. Hazardous Waste Transporter Certificate of Liability Insurance,
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2. Hazardous Waste Transporter Liability Endorsement,
3. Hazardous Waste Transporter Liability Surety Bond.
(C) The insurance policy, including all endorsements, or the liability
surety bond must be maintained at the carrier’s principal place of business.
(d) Whenever requested by the Secretary (or designee) of the Florida
Department of Environmental Protection, the Insurer agrees to furnish to the
department a signed duplicate original of the policy and all endorsements.
(e) The transporter shall annually submit to the Department two
originally signed Transporter Status Forms (DEP Form 62-730.900(5)(d)). The
Department shall complete the approval part of the form and return one of the
originally signed forms to the transporter after verifying that the transporter is
complying with the financial responsibility requirements of this section. A copy
of this form complete with the Department approval shall be carried in each
vehicle transporting hazardous waste for the transporter. This approval is non-
transferrable and non-assignable.
(f) This subsection does not apply to any person who transports
hazardous waste only on the site of a hazardous waste generator or a permitted
hazardous waste treatment, storage, or disposal facility.
(g) States and the federal government are exempt from the
requirements of this subsection.
(3) Evidence of financial responsibility, updated for the current year,
shall be verified annually by the submission of the appropriate DEP Form 62-
730.900(5)(a) through (c) or by the submission of a certificate of insurance. A
certificate of insurance shall include a certification by the insurer that the original
insurance policy and all endorsements are still in full force and effect as
evidenced on the original forms submitted to the Department.
Specific Authority 403.704, 403.721, 403.724, 403.8055, FS.
Law Implemented 403.704, 403.721, 403.724, FS.
History -- New 11-8-81, Amended 5-31-84, 9-13-84, Formerly 17-30.17,
Amended 9-19-66, 3-31-87, 5-26-87; 6-28-88, Formerly 17-30.170, Amended 1-
25-89,
8-1 3-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.170; Amended 1-5-95,
4-30-97, 8-19-98.
62-730.171 Transfer Facilities.
(1) 40 CFR 263.12 as adopted by reference in Rule 62-730.170,
F.A.C. provides that transporters who store manifested hazardous waste in
proper containers at a transfer facility for ten (10) days or less are exempt from
regulation as a hazardous waste facility. If the waste is stored for more than ten
(10) days, the facility is subject to the permitting requirements for a hazardous
waste storage facility.
(2) A transfer facility used for storage of hazardous waste for more
than 24 hours but ten (10) days or less shall comply with the following
requirements as adopted by reference in 62-730.180, F.A.C.:
(a) The owner or operator of the transfer facility shall comply with the
requirements of 40 CFR 265 Subparts B (general facility standards), C
(preparedness and prevention), D (contingency and emergency plan), and I
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(management of containers), with the exception of 265 13. The aisle space
requirements described in 40 CFR 265.35 and the special requirements for
incompatible wastes described in 40 CFR 265.177(c) shall not apply at transfer
facilities to containers stored in trucks loaded in accordance with DOT
regulations described in 40 CFR 263.10. The 40 CFR 265 requirements
referenced above shall apply to transfer facilities notwithstanding 40 CFR Part
265.1(c)(12). The owner or operator of the transfer facility shall submit the
contingency and emergency plan to the Department with their first Transfer
Facility Notification Form (DEP Form 62-730.900(6)).
(b) The owner or operator of the transfer facility shall have a written
closure plan to show that the facility will be closed in a manner which satisfies
the requirements of the closure performance, notification, and decontamination
standards of 40 CFR 265.111, 265.112, 265.114 and 265.115. The owner or
operator of the transfer facility shall submit the closure plan to the Department
with their first Transfer Facility Notification Form (DEP Form 62-730.900(6)).
Within 60 days of completion of closure, the owner or operator of the transfer
facility shall submit to the Department a certification that the facility has been
closed in accordance with the specifications in the closure plan. The
certification shall be signed by both the owner or operator of the transfer facility
and an independent registered, professional engineer.
(C) Records required in this section shall be maintained in permanent
form and shall be available for inspection by the Department. The records shall
be kept at the facility unless the Department gives written approval to do
otherwise.
(d) Hazardous waste stored in containers or vehicles at transfer
facilities shall be stored on a manmade surface which is capable of preventing
spills or releases to the ground.
(e) The owner or operator of a transfer facility shall maintain a written
record of when all hazardous waste enters and leaves the facility. This record
shall include the generator s name, the generator’s EPA/DEP identification
number, and the manifest number. For conditionally exempt small quantity
generators without an EPNDEP identification number, the record shall include
the name and address of the generator. This recordkeeping requirement applies
to all hazardous wastes including hazardous waste generated by conditionally
exempt small quantity generators.
(3) The owner or operator of a transfer facility which stores manifested
shipments of hazardous waste for more than 24 hours but ten (10) days or less
shall notify the Department on Form 62-730.900(6). The owner or operator of a
new facility shall submit a notification form at least 30 days before the storage of
hazardous waste is to begin. The transfer facility shall annually update the
information on the Transfer Facility Notification Form (DEP Form 62-730.900(6))
and send it to the Department with the transporter’s evidence of financial
responsibility as required under Rule 62-730.170(3), F.A.C.
(4) The owner or operator of a transfer facility shall obtain an
EPNDEP identification number for each transfer facility location. Any owner or
operator who has not obtained an EPA/DEP identification number for each
transfer facility location may obtain one by applying to the Department using
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EPA Form 8700-1 2.
Specific Authority 403.704, 403.721, FS.
Law Implemented 403.704, 403.721, FS.
History -- New 3-2-86; Amended 6-28-88; Formerly 17-30.171; Amended 8-13-
90, 9-10-91, 10-14-92; Formerly 17-730.171; Amended 1-5-95.
62-730.180 Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal Facilities.
(1) The Department adopts by reference 40 CFR Part 264 revised as
of July 1, 1997, including all appendices; except for the amendments to:
(a) 264.141(h), 264.147(g)(1), 264.151(g) and 264.151(h)(2) in the
Federal Register dated September 1, 1988 (53 f 33938); and
(b) 264.143(f)(1 0), 264. 145(f)(1 1), 264.151(f), 264.151(g), 264.151(h)
(1) and 264.151(h)(2) in the Federal Register dated September 16, 1992 (57 FR
42832.
(2) The Department adopts by reference 40 CFR Part 265 revised as
of July 1, 1997, including all appendices, with the exception of:
(a) Subpart R; and
(b) The amendments in the Federal Registers dated September 1,
1988 (53 f 33938) and September 28, 1988 (53 f 37912).
(3) The Department adopts by reference 40 CFR Sections 264.112(c)
(1) and (2), 264.118(d)(1) and (2), 265.112(c)(3) and (4), 265.118(d)(3) and (4)
revised as of July 1, 1988. The Department adopts by reference 40 CFR
Sections 264.1 43(f)(1 0), 264.1 45(f)(1 1), 264.1 47(g)(1), 264.151(f), 264.151(g),
264.151 (h)(1), and 264.151 (h)(2) revised as of July 1, 1988.
(4)(a) In addition to the other reporting requirements of 40 CFR Part 264
Subpart F as adopted above, whenever the owner or operator is required to
determine ground water quality and ground water flow rate and direction, a copy
of the complete report of such determination must be submitted to the
department within 30 days after the report is finalized.
(b) The corrective action program set forth in 40 CFR 264.100 as
adopted above, or another appropriate corrective action program, shall extend
beyond the facility property boundary.
(c) In addition to the requirements of 40 CFR 264 Subpart F, as
adopted above, the owner or operator shall also comply with the ground water
quality standards and criteria of Chapters 62-3 and 62-4, FAC.
(5) Ground water discharge considerations under Section 62-28.700,
FAC, shall be incorporated into hazardous waste facility permits issued under
this chapter.
(6) An owner or operator required to establish a corrective action
program under 40 CFR 264.100 or 264.101 shall establish and maintain
financial assurance for corrective action.
(a) The owner or operator required to establish a corrective action
program under 40 CFR 264.100 or 264.101 shall provide a detailed written cost
estimate in undiscounted current dollars. The cost estimate shall be included in
the Corrective Action Plan and shall equal the estimated cost of completing
corrective action following the schedule and methods outlined in the Corrective
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Action Plan.
(b) The cost estimate for corrective action shall:
1. Itemize the separate corrective action costs for each year,
2. Indicate the sum of the separate costs for each year;
3. Indicate the sum of all the costs for corrective action; and
4. Be based on the costs to the owner or operator of hiring a third
party to perform corrective action at the facility according to the methods
specified in the Corrective Action Plan. A third party is a party that is neither a
parent or subsidiary of the owner or operator.
(c) The cost estimate for corrective action shall not:
1 Incorporate any salvage value that may be gained by the sale of
hazardous wastes, facility structure or equipment, land or other facility assets at
the time of partial or final closures; and
2. Incorporate a zero cost for hazardous waste that might have
economic value.
(d) The owner of a facility required to undertake corrective action shall
choose from the options described in 40 CFR 264.143 to provide financial
assurance for corrective action and shall comply with the requirements of 40
CFR 264.143. The owner or operator shall submit the appropriate forms
adopted in Rule 62-730.900(4)(a), (b), (C), (e), (f), (g), (h), (i), and (j), F.A.C.
The owner or operator shall provide financial assurance for corrective action
within 30 days of the Department approving the Corrective Action Plan or
Corrective Measures Studies through issuance of a hazardous waste permit.
(e) The owner or operator shall adjust the cost estimate for corrective
action, including the cost estimates for each year of corrective action, for
inflation within 60 days prior to the anniversary date of the established financial
instrument(s) used to comply with 40 CFR 264.143. For owners or operators
using the financial test or corporate guarantee, the cost estimate for corrective
action shall be updated for inflation before submission of updated information as
specified in 40 CFR 264.143(f)(3). The adjustment for inflation may be made by
recalculating the maximum costs of corrective action in current dollars or by
using an inflation factor derived from the most recent annual Implicit Price
Deflator for Gross National Product published by the U.S. Department of
Commerce in its “Survey of Current Business”. The inflation factor is the result
of dividing the latest published annual Deflator by the Deflator for the previous
year. The owner or operator shall:
1. Make the first adjustment using the inflation factor by multiplying
the current corrective action cost estimate by the inflation factor. The result is
the adjusted cost estimate for corrective action.
2 Make subsequent adjustments by multiplying the latest adjusted
corrective action cost estimate by the latest inflation factor.
(f) The owner or operator shall revise the cost estimate for corrective
action no later than 30 days after the Department approves a request to modify
specified corrective action measures if the change in the measures increases
the cost or expected duration of corrective action. The revision shall reflect any
change in the total number of years required to perform the corrective action and
any changes in the estimated costs for each year of the corrective action. The
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owner or operator shall adjust the revised corrective action costs for inflation as
specified in (e) of this section.
(7) Owners and operators of hazardous waste treatment, storage and
disposal facilities shall submit biennial reports required by 40 CFR 264.75 and
265.75, as adopted by reference in this section, to the Department on EPA Form
8700-1 3AIB.
(8) Owners and operators of hazardous waste treatment, storage and
disposal facilities shall complete the Department forms listed in Rule 62-730.900
(4), F.A.C., to demonstrate compliance with the financial requirements in Rule
62-730.180(6), F.A.C. and in 40 CFR Part 264 Subpart H and 40 CFR Part 265
Subpart H, as adopted by reference in Rules 62-730.180(1) & (2), F.A.C.
Photocopies of Department supplied forms are acceptable. Retyped forms are
not acceptable and will be returned.
(9) The owner or operator of a permitted hazardous waste facility who
desires to locate a transfer facility at the hazardous waste facility shall apply for
a permit modification. The permit modification shall require public notice as
described in Rule 62-730.220(9)(c) and (d), F.A.C.
Specific Authority 403.704, 403.721, 403.724, 403.8055, FS.
Law Implemented 403.704, 403.721, 403.724, FS.
History -- New 5-19-82; Amended 3-4-82, 5-20-82, 7-14-82, 8-30-82, 10-7-82,
11-25-82, 2-3-83, 3-31-83, 5-1 9-83, 1-5-84, 2-2-84, 11-7-84, 7-5-85, 10-3-85;
Formerly 17-30.18; Amended 5-5-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88,
6-28-88; Formerly 17-30.180; Amended 1-15-89, 8-13-90, 9-10-91, 10-14-92,
10-7-93; Formerly 17-730.180; Amended 1-5-95, 9-7-95, 4-30-97, 8-1 9-98.
62-730.1 81 Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste Management Facilities.
(1) The Department adopts by reference 40 CFR Part 266 revised as
of July 1, 1997 and the amendments in the Federal Register dated April 12,
1996 (61 FR 16289).
(2) Owners or operators of facilities claiming exemption to regulations
under 40 CFR 266.20(b) shall maintain detailed operations records that may be
used to determine if the claim of exemption is valid. The records shall be
retained for at least three years and be made available to the Department upon
request.
(3) Owners or operators of suspected or confirmed contaminated sites
where a risk of exposure to the public may exist shall place warning signs as
follows:
(a) Warning signs shall be at least 2 feet by 2 feet, made of durable
weather resistant material, with a white background and red lettering of a size
indicated in Figures 1,2,3 and 4.
(b) Warning signs shall be unobstructed and be mounted in such a
manner that the center of the sign is approximately 56 inches above ground
surface and is capable of being seen from at least 75 feet away.
(c) Warning sign text shall correspond with the following:
1. A contaminated site shall display warning signs consistent with
Figure 1. A “contaminated site” means any area in which the soil, surface water
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or air is contaminated with hazardous waste;
2. A waste study site study area shall display warning signs
consistent with Figure 2. A “waste site study area” means any area that is
suspected, but not yet confirmed by analysis, of being contaminated with
hazardous waste;
3. A site where a treatment system is operating shall display a
warning sign consistent with Figure 3; and
4. A site which has a hazardous waste cover shall display a warning
sign consistent with Figure 4.
(d) Text on all signs shall include the telephone number for a point of
contact at the appropriate regulatory agency for information.
Figure 1
WARNING! 2” letters
NO TRESPASSING! 2” letters
CONTAMINATED AREA1” letters
AVOID CONTACT WITH 1” letters
SOIL AND WATER 1” letters
FOR INFORMATION 1” letters
(000) 000-0000 1” letters
Figure 2
WARNING! 2” letters
NO TRESPASSING! 2” letters
WASTE SITE STUDY AREA 1” letters
AVOID CONTACT WITH 1” letters
SOIL AND WATER 1” letters
FOR INFORMATION 1” letters
(000) 000-0000 1” letters
Figure 3
WARNING! 2” letters
NO TRESPASSING’ 2” letters
HAZARDOUS WASTE TREATMENT SYSTEM 1” letters
AVOID CONTACT WITH EQUIPMENT 1” letters
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FOR INFORMATION 1” letters
(000) 000-0000 1” letters
Figure 4
WARNING! 2” letters
DO NOT DISTURB SOIL! 2” letters
HAZARDOUS WASTE COVER 1” letters
DANGEROUS MATERIAL MAY BE PRESENT 1” letters
BELOW GROUND SURFACE 1” letters
FOR INFORMATION 1” letters
(000) 000-0000 1” letters
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.704, 403.721, 403.7255, FS.
History-- New 7-5-85; Amended 10-3-85, 5-5-86, 4-13-88, 4-15-86, 5-3-88;
Formerly 17-30.181; Amended 1-25-89, 8-13-90, 1 0-14-92, 10-7-93; Formerly
17-730.181; Amended 1-5-95, 9-7-95, 2-25-96, 4-30-97, 8-19-98.
62-730.183 Land Disposal Restrictions.
The Department adopts by reference 40 CFR Part 268 revised as of July 1,
1997, and all appendices, with the exception of 268.5, 268.6, 268.42(b) and
268.44. The authority for implementing these excluded sections remains with
EPA.
Specific Authority 403.704, 403.721, 403.8055, ES.
Law Implemented 403.704, 403.721, ES.
History--New 1-25-89; Formerly 17-30.183; Amended 8-13-90, 9-10-91, 10-14-
92, 10-7-93; Formerly 17-730.183; Amended 1-5-95, 9-7-95, 4-30-97, 8-1 9-98
62-730.184 Adoption of Federal Procedures for Decision Making.
The Department will follow the procedures set forth in these sections of 40 CFR
Part 124 revised as of July 1, 1997: 124.3(a); 124.5(a), (c), and (d); 124.6(a),
(d), and (e) except (d)(4)(ii) through (v); 124.8(a) and (b) except (b)(3) and (b)
(8); 124.10(a) except (a)(1)(i) and (a)(1)(iv) through (a)(3); 124.10(b), 124.10(c)
except (c)(1)(iv) through (viii); 124.10(d) except (d)(1)(vii) through (viii) and (d)
(2)(iv); 124.11; 124.12(a); and 124.17 except (b); 124.31 except for two
sentences in 124.31(a) which include the phrase “over which EPA has permit
issuance authority”; 124.32 except for two sentences in 124.32(a) which include
the phrase “over which EPA has permit issuance authority”; and 124.33 except
for 124.33(a); which are hereby adopted by reference. Sections 124.31, 124.32,
124.33 apply to all applicants seeking permits for hazardous waste management
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units.
Specific Authority 403.704, 403.722, 403.8055, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 10-7-93, Formerly 17-730.184; Amended 1-5-95, 4-30-97, 8-19-
98.
62-730.185 Standards for Universal Waste Management.
(1) The Department adopts by reference 40 CFR Part 273 revised as
of July 1, 1997).
(2) Any person seeking to add a hazardous waste or any category of
hazardous waste to this Section may petition under Section 120.54(5), F.S.; and
40 CFR 260.23, 273.80 and 273.81.
Specific Authority 403.704, 403.721, 403.8055, FS.
Law Implemented 403.061, 403.704, 403.721, FS.
History -- New 9-7-95, Amended 4-30-97, 8-19-98.
PART IV
HAZARDOUS WASTE PERMITTING
62-730.200 Introduction and Scope.
(1) This Part provides the requirements and procedures for the
issuance, denial, renewal, modification, and revocation of any research
development and demonstration permit, temporary operation permit, operation
permit, construction permit, and closure permit for a hazardous waste treatment,
storage, or disposal facility as required by the Florida Department of
Environmental Protection.
(2) The provisions of Chapter 62-4, Florida Administrative Code, shall
also apply to the permitting of hazardous waste facilities, but only to the extent
Chapter 62-4 is consistent with this Part.
(3) Whenever a permit is required pursuant to this Chapter and when
other rules of the Department require another type of permit, the Department will
make every effort to consolidate the review, issuance, and reissuance of
Department permits.
(4) All hazardous waste facilities in operation on the effective date of
this rule shall, at a minimum, comply with 40 CFR Part 265 standards as
adopted in Rule 62-730.180(2), F.A.C. TOPs issued under Rule 62-730.231,
F.A.C. shall include a compliance schedule to bring the facility into compliance
with 40 CFR Part 264 standards as adopted in Rule 62-730.180(1), F.A.C. All
facilities which do not qualify for a TOP, who have not made timely and complete
application for a TOP or whose TOP has expired shall comply with 40 CFR Part
264 standards as adopted in Rule 62-730.180(1), F.A.C.
(5) Nothing in this part shall be construed to prohibit the inclusion of
40 CFR Part 265 standards in a TOP issued under Rule 62-730.231, FAC
compliance schedules where the Department determines that their inclusion is
the most effective method to achieve the earliest possible compliance.
(6) Permits may be issued or denied for one or more hazardous waste
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management unit at a facility without simultaneously issuing or denying a permit
to all hazardous waste management units at the facility. The permit status of
any unit for which a permit has not been issued or denied is not affected by the
issuance or denial of a permit to any other unit at the facility
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-1-82; Amended 9-23-87; Formerly 17-30.20, Amended 6-28-88,
Formerly 17-30.200, Amended 9-10-91, 10-14-92, Formerly 17-730.20,
Amended 1-5-95.
62-730.210 Definitions.
(1) The definitions as described in Section 62-730.020, FAC, shall
apply to this Part.
(2) In addition, as used in this Part:
(a) “Closure” means the cessation of operation of a hazardous waste
facility or unit, and the act of securing such a facility or unit pursuant to the
requirements of Section 62-730.180, FAC so that it will pose no significant threat
to human health or the environment.
(b) “Notice of deficiency” (NOD) means a certified letter from the
Department to a permit applicant indicating those items which were not
completed or were inadequate in the original permit application or in subsequent
submittals and requesting the submission of the required information
(c) “Permit” means the legal authorization granted by the Department
to engage in or conduct any construction, operation, or closure of any hazardous
waste facility or any research development and demonstration facility for a
specified period of time.
(d) “Temporary operating permit” (TOP) means the legal authorization,
limited to a maximum of 3 years, granted by the Department to operate a
hazardous waste facility in accordance with Section 403.722(2), Florida
Statutes, and Rule 62-730.231, F.A.C.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Amended 1-5-84, Formerly 17-30.21, Amended 9-23-87,
Formerly 17-30.210, Amended, 9-10-91, Formerly 17-730.210.
62-730.220 Applications for Permits.
(1) Applications for hazardous waste permits shall be completed on
DEP Forms 62-730.900(2)(a) through (d) and shall comply with subsection (5) of
this rule. The Department shall, for existing units, upon request of the applicant,
combine applications for a construction permit and an operating permit at the
same hazardous waste facility into one issued permit. The fees remain the
same as listed in Rule 62-4.050(4), F.A.C. The fee for the combined application
shall be the sum of the applicable fees in Rule 62-4.050(4), F.A.C. However,
operation under the combined permit shall not begin until the facility is in full
compliance with 40 CFR Part 264 standards.
(2) The following table indicates the minimum number of copies of
applications and supporting documents required to be filed with the Department
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All copies shall contain original signatures and seals in all instances where a
signature or certification is required.
Permit Type Minimum Number of Copies
Temporary Operation 4
Construction 4
Operation 4
Closure 5
Research, Development and 4
Demonstration
For more complex applications the Department shall require additional
copies. The applicant shall contact the Department prior to submission of the
application for the correct number of copies to be submitted.
(3) The Department adopts by reference the following sections of 40
CFR Part 270 revised as of July 1, 1997: 270.1(c), 270.2, 270.3, 270.4, 270.6,
270.10, 270.11, 270.12 through 270.27, 270.30. 270.31, 270.32(b)(2), 270.33,
270.51, 270.61, 270.62, 270.66, and 270.72).
(4) Within 60 days after receipt of an application for a hazardous
waste facility permit, the Department shall examine the application and notify the
applicant of apparent errors or omissions and request additional information
through a Notice of Deficiency (NOD). The applicant shall respond to the
Department within 30 days of receipt of the NOD. Failure to provide a complete
and adequate application for a hazardous waste permit within the time limit set
forth in an NOD is a violation of this rule.
(5) Applicants for a permit shall include with Part II of their permit
application all of the following information in addition to that required by the
sections of 40 CFR Part 270 adopted above.
(a) All applicants for a hazardous waste facility permit shall indicate all
other federal and state laws that may apply to the issuance of the permit
according to 40 CFR 270.3.
(b) Owners or operators of hazardous waste facilities that store
containers of hazardous waste shall include a complete description of the
procedures used to comply with 40 CFR 264.171, 264.172 and 264.173.
(c) Owners or operators of hazardous waste facilities that use tank
systems for storage or treating hazardous waste shall include a copy of the
complete plan describing their response to leaks or spills and disposition of
leaking or unfit-for-use tank systems as required by 40 CFR 264.196. For tank
systems that do not meet the containment requirements of 40 CFR 264.193, they
shall include a complete description of the leak test or other approved method
used to comply with 40 CFR 264.193(i)(1), (2) and (3).
(d) Owners or operators of hazardous waste facilities that treat or
dispose of hazardous waste in land treatment units shall include:
1. A complete description of an unsaturated zone monitoring program
that complies with 40 CFR 264.278; and
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2. A complete statement of how the recordkeeping requirements of 40
CFR 264.279 will be met.
(e) Owners or operators of facilities that dispose of hazardous waste in
landfills shall inc Iude a complete description of how the surveying and
recordkeeping requirements of 40 CFR Part 264 309 will be met.
(f) The owners or operators of facilities that incinerate hazardous
waste shall include a certification of the results of monitoring temperatures,
waste feed rates, carbon monoxide, and an appropriate indicator of combustion
gas velocity. The certification shall include a statement about the precision and
accuracy of these measurements for any previously conducted trial burn.
(g) The owners or operators of facilities that treat, store, or dispose of
hazardous waste in miscellaneous units shall include a complete explanation of
how the requirements of 40 CFR 264.17 will be met if ignitable, reactive, or
incompatible wastes are to be placed in the miscellaneous unit.
(h) Owners or operators of hazardous waste surface impoundments,
piles, land treatment units, miscellaneous units, and landfills shall:
1. Include a complete Well Construction Summary Report (DEP Form
62-730.900(2)(b)) for each piezometer, ground water monitoring and recovery
well installed as part of site assessment, and all ground water monitoring
program(s) under 40 CFR Parts 264 and 265.
2. Take all ground water samples without using filters. Filtered
samples may be taken for comparison purposes only.
3. Include a complete Quality Assurance Plan that meets the
requirements of Chapter 62-160, F.A.C.
(i) Owners or operators of hazardous waste treatment, storage or
disposal facilities that intend to operate a transfer facility at the facility shall
submit information that demonstrates compliance with Rule 62-730.171, F.A.C.
as part of the hazardous waste facility permit application which is described in
Rule 62-730.220, F.A.C.
(6) All applications shall be certified by the facility owner, facility
operator, and landowner. The determination of the proper person to sign permit
applications as owner, operator and landowner shall be made in accordance
with the provisions of 40 CFR 270.11.
(7) All applications, plans, specifications, certification of construction
completion reports, and other related documents shall be certified by a
professional engineer registered in the State of Florida, except as provided in
Section 62-4.050(3), FAC.
(8) All applications, plans, specifications and supporting documents, or
any part thereof, which involve the practice of professional geology as defined in
Chapter 492, Florida Statutes, shall be certified by a professional geologist
licensed by the State of Florida.
(9) Hazardous waste facility permitting is subject to the provisions of
Section 403.722(10), Florida Statutes, including the following procedures:
(a) The Department, within 30 days of receipt of a complete
application for a hazardous waste facility construction permit, shall notify each
unit of local government within 3 miles of the proposed facility that a complete
permit application has been received and shall publish notice, in a newspaper of
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general circulation in the area of the proposed facility, that a complete permit
application has been received.
(b) Within 135 days after receipt of the original permit application, the
last item of timely requested additional information, or the applicant’s written
request to begin processing the application, the Department shall send to the
applicant by certified mail a copy of the Department’s intent to issue or deny the
permit, and, in the case of an intent to issue, a request for publication and
broadcast of the notice of the proposed permit issuance. The Department shall
also transmit a written notice of the Department’s intention to issue the permit to
each unit of local government having jurisdiction over the area in which such
facility is or will be located.
(c) Within 30 calendar days of receipt of the Department’s request, the
applicant shall cause to be published in a major local newspaper or newspapers
of general circulation, and broadcast over a local radio station or stations, notice
of the Department’s intention to issue the permit. The applicant shall provide the
Department with proof of the publication and broadcast required by this
paragraph within 14 days of receipt of proof of publication but no later than 45
days after the applicant receives the Department’s Intent to Issue.
(d) If within 45 days after publication and broadcast as required in
paragraph (C) the Department receives written notice of opposition to the
agency’s intention to issue such permit and a request for a hearing, the
Department shall provide for a hearing pursuant to Section 120.57, F.S., if
requested by a substantially affected party or an informal public meeting if
requested by any other person. Failure to request a hearing within the 45-day
period shall constitute a waiver of the right to a hearing under Section 120.57,
F.S. The Department shall provide at least 30 days public notice prior to the
holding of such hearing or meeting.
(10) All applicants for hazardous waste permits shall provide all the
information required by this Part and by DEP Forms 62-730.900(2)(a) through
(d) to the Department. All Part II permit applications should be submitted in the
same format as the instructions provided by the Department. For example, the
Closure Plan will be in Part II. K. of the permit application. All Part II permit
applications should be submitted in a standard 3-ring or 0-ring binder. Provide
a header with the revision number, date and page number on each page of the
permit application. Applications (or revised pages to applications) shall include
an index page which indicates all the items being certified by a professional
engineer. The index page shall be certified.
(11) The applicant shall comply with the requirements of Section
403.722(12), Florida Statutes. The applicant shall provide the Department with
proof of compliance with Section 403.722(12), Florida Statutes, within 14 days of
receiving proof of publication of the second notice of filing, but no later than 45
days after applying for the permit.
Specific Authority 403.061, 403.087, 403 704, 403.722, FS.
Law Implemented 403.151, 403 704, 403.707, 403.722, 403.723, FS.
History -- New 7-9-82; Amended 1-5-84, 8-19-84, 7-22-85; Formerly 17-30.22,
Amended 9-23-87, 6-28-88, 12-12-88; Formerly 17-30.220; Amended 8-13-90,
9-10-91, 10-14-92, 1 0-7-93; Formerly 17-730.220; Amended 1-5-95, 4-30-97,
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8-19-98.
62-730.231 Newly Regulated Facilities.
(1) Any person who owns or operates a hazardous waste facility which
is in existence on the effective date of a rule change by the Department which
would for the first time require the facility to obtain a hazardous waste permit,
shall be deemed to have a Temporary Operation Permit (TOP) provided the
owner or operator has complied with the following requirements:
(a) The owner or operator has complied with the notice requirements
of Section 403.72(2), Florida Statutes, and
(b) The owner or operator submits a completed and signed Application
for a Hazardous Waste Facility Permit Part I (DEP Form 62-730.900(2)(a)) and
Application for a Hazardous Waste Facility Permit Certification (DEP Form 62-
730.900(2)(d)) at the earlier of: (i) six months after the date the rule is filed, or (ii)
30 days after the facility is first subject to the rule amendment that requires the
facility to obtain a hazardous waste permit.
(2) A facility operating under a TOP pursuant to this Section shall not:
(a) Treat, store or dispose of any hazardous waste not specified in
Part I of the permit application;
(b) Employ any process not specified in Part I of the permit
application; and
(c) Exceed the design capacities specified in Part I of the permit
application.
(3) A facility operating under a TOP pursuant to this Section shall
comply with the standards of 40 CFR Part 265 as adopted by reference in
Section 62-730.180, FAG.
(4) Changes in the type of waste managed, design capacity, process,
or ownership or operational control of the facility may be made upon approval by
the Department in accordance with the standards and criteria for such changes
set forth in 40 CFR 270.72.
(5) TOPs deemed to be issued under this Section may be modified,
revoked or enforced in the same manner as any other hazardous waste permit.
(6) No facility shall be eligible for a TOP under this Section if it has
previously been denied a State of Florida hazardous waste permit or has had a
State of Florida hazardous waste permit revoked provided such denial or
revocation has not been superseded by final order or a judicial determination
No facility shall be eligible for a TOP under this Section if it has failed to qualify
for federal interim status for any waste code or has lost interim status for any
waste code, pursuant to applicable federal regulations.
(7) TOPs for land disposal facilities under this Section shall terminate
one year after the date upon which the facility first became subject to permitting
requirements unless the owner or operator of the facility certifies compliance
with groundwater and financial requirements of Section 62-730.180, FAG and
submits a complete application for an operation or construction permit prior to
the end of the one year period.
(8) For all facilities which require an operation permit, other than land
disposal facilities, TOPs shall terminate one year after the date upon which the
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facility first became subject to permitting requirements unless the Department
receives a complete application for an operation permit prior to the end of the
one year period. For all facilities which require a construction permit, other than
land disposal facilities, TOPs shall terminate 120 days after the date upon which
the facility first became subject to permitting requirements unless the
Department receives a complete application for a construction permit prior to the
end of the 120 day period.
(9) Owners or operators of land disposal facilities seeking a TOP shall
submit, within 60 days after the date upon which the facility first became subject
to permitting requirements, a complete Ground Water Monitoring Plan proposal
to satisfy the requirements of 40 CFR Part 264 Subpart F. The Ground Water
Monitoring Plan proposal shall include a complete Quality Assurance Project
Plan that satisfies the requirements of Chapter 62-1 60, F.A.C.
(10) No public notice of a facility’s qualification for a TOP under this
Section is required. However, nothing in this section shall affect any rights
which may exist under Chapter 120, F.S., and Chapter 62-1 03, FAC.
(11) This Section shall not apply to any facility which was required to
obtain a TOP under a Department final order entered prior to the effective date
of this rule provided that such order is not subject to judicial review.
(12) A facility operating under a TOP shall apply for a closure permit as
described in Rule 62-730.260, FAC, before the TOP terminates if the facility
decides not to continue to operate. The TOP terminates one year from the date
the facility first became subject to the permitting requirements.
Specific Authority 403.704, 403.722, 403.814, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 9-23-87; Amended 6-28-88, Formerly 17-30.231, Amended
8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.231, Amended 1-5-95.
62-730.240 Operation Permits.
(1) No person shall begin operation of a hazardous waste facility
without applying for and receiving an operation permit from the Department
Hazardous waste facilities that are issued an operation permit shall comply with
40 CFR Part 264 standards adopted in Section 62-730.180, FAC, except for
hazardous waste management units for which no Part 264 standards have been
adopted in which case Part 265 standards shall apply.
(2) Except as provided in Sections 62-730.231(7) and (8) and 62-
730.250(7), F.A.C., facilities operating with a TOP issued pursuant to Rule 62-
730.231, F.A.C., must apply for an operation permit before the termination of the
TOP. The TOP terminates one year from the date the facility becomes subject to
the permitting requirements.
(3) Operation permits shall be issued for up to five years and shall be
renewable. Operation permits shall not be issued for less than five years without
cause.
Specific Authority 403.088, 403.704, 403.707, ES.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Formerly 17-30.24, 17-30.240, Amended 9-23-87,
9-10-91, 10-14-92, Formerly 17-730.240.
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62-730.250 Construction Permits.
(1) No person shall begin construction or major modification of any
unit at a hazardous waste facility without applying for and receiving a
construction permit from the Department.
(2) Construction permits for incinerators may allow a period of time
necessary for trial burns pursuant to 40 CFR 264 Subpart 0. An owner or
operator of an incinerator shall submit a complete application for an operation
permit within 90 days after a trial burn or within 180 days before expiration of the
construction permit, whichever date is sooner. After the completion of a
successful trial burn, an owner or operator of an incinerator may operate under
the construction permit until final agency action is taken on the operation permit,
provided the facility is in compliance with 40 CFR Part 264 standards and the
conditions of the construction permit.
(3) An owner or operator of a facility other than an incinerator may
operate under its construction permit until final agency action is taken on the
operation permit so long as the facility is in compliance with 40 CFR Part 264
standards, and makes timely application for an operation permit For the
purposes of this rule, timely application shall mean a complete application for an
operation permit at least 180 days prior to expiration of the construction permit
and within 90 days of completion of construction, whichever occurs first.
(4) Notwithstanding subsection (1) above, no permit shall be required
under this section in order to construct a facility if such facility is constructed
pursuant to approval by the Department and EPA under other appropriate
regulatory programs for the incineration of polychlorinated biphenyls. Any
person owning or operating such a facility may at any time after construction or
operation has begun, file a complete operation permit application to incinerate
hazardous waste at the facility.
(5) No major modification to a facility, which includes the construction
or expansion of hazardous waste management units shall be undertaken without
application for and receipt of a construction permit. Modifications which do not
require a construction permit may require a permit modification under Section
62-730.290, FAC. No construction permit shall be required for changes made
solely for the purposes of complying with the requirements of 40 CFR 265.193
as adopted by reference in Section 62-730.180, FAC.
(6) No person operating a hazardous waste transfer facility may alter
operations or modify the facility so that it becomes a hazardous waste treatment,
storage or disposal facility without first obtaining a hazardous waste construction
permit.
(7) The owner or operator of a facility which is operating or has
operated under a Temporary Operating Permit (TOP) and which has made
timely application for a construction permit pursuant to Rule 62-730.231(7) or
(8), F.A.C., may continue to temporarily operate until the construction permit
application is denied or until final agency action is taken on an operation permit
for the facility provided:
(a) The facility is in compliance with the construction permit conditions;
(b) The facility is in compliance with 40 CFR Part 265 standards; and
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(C) The owner or operator of the facility submits a complete application
for an operation permit at least 180 days prior to the expiration of the
construction permit.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, ES
History -- New 7-9-82; Formerly 17-30.25, Amended 9-23-87, 12-12-88;
Formerly 17-30.250, Amended 7-3-89, 8-1 3-90, 9-1 0-91, 10-14-92, 10-7-93,
Formerly 17-730.250, Amended 1-5-95.
62-730.260 Closure Permits.
(1) No person shall close a hazardous waste facility or conduct post-
closure activities at a facility without applying for and receiving a hazardous
waste closure permit. Application for closure permits shall be made on forms 62-
730.900(2)(a) through (d) and at the time specified for the notification of a
closure in 40 CFR 264.112(d) or 40 CFR 265.112(d) as adopted in Rule 62-
730.180, FAC. or at the time specified in a permit issued under 62-730 F.A.C.
(2) All post closure care requirements of this Chapter shall be
performed pursuant to a closure permit and applicable closure rules. The owner
or operator shall apply for renewal of the closure permit at least 180 days prior
to its expiration throughout the closure and post closure period.
(3) Closure permits may contain a compliance schedule which allows
the applicant to demonstrate that the facility has been “clean closed” pursuant to
the requirements of 40 CFR 264 and 265 Subpart G as adopted by reference in
Section 62-730.180, FAC and that post closure care is not required. The permit
shall provide that if such a demonstration is not successful, all post closure care
requirements shall apply and the permit may be modified accordingly.
(4) Facilities which are closing under 40 CFR Part 264 standards but
which have not been required to meet performance standards for new landfills
shall not be required to meet the double liner and leachate collection
requirement of 40 CFR 264 Subpart N at closure.
(5) If closure or post-closure plans have been approved by the
Department as part of a TOP, construction, or operation permit application, the
applicant for a closure permit shall include a copy of the approved closure (40
CFR 264.112) or post-closure (40 CFR 264.118) plans with the application. The
applicant shall also either:
(a) Attach a certification stating that no changes have been made to
the plans; or
(b) Provide an amended plan showing all the changes which have
been made, or are proposed to be made to the plans.
(6) Within 60 days of completion of closure, the owner or operator of
the hazardous waste facility shall submit to the Department a certification that
the facility has been closed in accordance with the specifications in the closure
plan. The certification shall be signed by both the owner or operator of the
hazardous waste facility and an independent registered, professional engineer.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Formerly 17-30.26; Amended 9-23-87, 6-28-88, Formerly
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17-30.260, Amended 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.260,
Amended 1-5-95.
62-730.270 Exemptions.
(1) No permit under this Chapter shall be required for the following
(a) An ocean disposal barge or vessel, if the owner or operator:
1. Has and complies with a Federal permit for ocean dumping issued
under 40 CFR Part 220, and
2. Complies with 40 CFR Sections 264.11, 264.71, 264.72, 264.73(a)
and (b)(1), 264.75, and 264.76 as adopted in Section 62-730 180, FAC
(b) A Publicly Owned Treatment Works (POTW), if the owner or
operator:
1. Has and complies with a National Pollutant Discharge Elimination
System (NPDES) permit, if required, and an applicable State domestic waste
permit issued by the Department,
2. Complies with 40 CFR Sections 264.11, 264.71, 264.72, 264.73(a)
and (b)(1), 264.75, and 264.76 as adopted in Section 62-730.180, FAC,
3. Accepts only waste which meets all Federal, State, and local
pretreatment requirements which would be applicable to the waste if it were
being discharged into the POTW through a sewer, pipe, or similar conveyance,
and
4. For permits issued after November 8, 1984, complies with 40 CFR
264.101 as adopted in Section 62-730.180, FAC.
(C) An injection well, if the owner or operator:
1. Has and complies with a State underground injection permit issued
by a federally approved State Underground Injection Control program,
2. Complies with 40 CFR 264.11, 264.16, 264.71, 264.72, 264.73(a),
(b)(1), and (b)(2), 264.75, and 264.76 as adopted in Section 62-730.180, FAC,
and
3. For permits issued after November 8, 1984, complies with 40 CFR
264 101 as adopted in Section 62-730.180, FAC.
(2) Notwithstanding any other provision in Chapter 62-730, FAC, a
facility which has been issued a permit under this Chapter shall not be required
to obtain a solid waste permit for the activities addressed in the hazardous waste
permit.
(3) The following persons shall not be required to obtain a hazardous
waste TOP, operation, construction, or closure permit.
(a) Generators of hazardous waste and hazardous waste facilities
exempted or excluded from the hazardous waste permit program under other
applicable provisions of federal or state law, rules or regulations.
(b) Generators of waste or facilities managing such wastes if those
wastes are specifically excluded from the hazardous waste program under other
applicable provisions of federal or state law, rules or regulations.
Specific Authority 403.704, 403.722, FS
Law Implemented 403.704, 403.7045, 403.722, FS.
History-- New 7-1-82; Formerly 17-30.27, Amended 9-23-87; Formerly 17-
30.270, Formerly 17-730.270.
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62-730.280 Permit Conditions. (REPEALED)
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403 722, FS
History -- New 7-9-82; Amended 10-25-84, Formerly 17-30.28; 9-23-87; 6-28-88,
Formerly 17-30.280, Amended 8-13-90, 9-10-91, Formerly 17-730 280,
Repealed
10-20-96.
62-730.290 Permit Modification.
(1) After notice, and administrative hearing if requested by the
permittee or a substantially affected party, the Department may require the
permittee to conform to new or additional conditions upon a showing of good
cause. For the purposes of this Section good cause shall include, but not be
limited to, the following:
(a) The standards or rules on which the permit was based have been
changed by amendment or judicial decision after the permit was issued;
(b) The Department has received information which was not available
at the time of permit issuance and would have justified different permit
conditions;
(c) There are alterations in the facility after permit issuance which
justify different permit conditions but do not require a construction permit; or
(d) the causes set forth in 40 CFR Sections 270.41 and 270.42.
(2) When a permit is to be modified only the conditions subject to
modification are opened. All other aspects of the permit shall remain in effect.
(3) Upon a written request by the permittee and submittal of the
appropriate permit modification fee, the Department shall grant or deny
modifications to the permit.
(4) Permit modifications which are Class 2 and Class 3 modifications
as set forth in 40 CFR Section 270.42, shall be accompanied by public notice as
required in Section 62-730.220(9)(c) and (d). Permit modifications which are
Class I modifications as set forth in 40 CFR Section 270.42 are minor
modifications and may be made without public notice.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History -- New 7-9-82; Amended 10-25-84, Formerly 17-30.29, Amended 9-23-
87; Formerly 17-30.290, Amended 7-3-89, 9-10-91, 10-7-93, Formerly 17-
730.290.
62-730.300 Permit Renewal and Transfer.
(1) Prior to 180 days before the expiration of any hazardous waste
permit, the permittee shall complete an application for a permit renewal, unless
the facility will close prior to the expiration of an existing operation permit and
either no post-closure care is required or post-closure care is completed, or the
facility completed closure and post-closure care activities; or the facility
completed closure activities and no post-closure care is required. The
Department will review the renewal permit application and issue or deny the
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permit in accordance with 40 CFR 270.51. The application requirements for
renewal of a permit are as follows:
(a) Owners or operators of facilities where there are changes to the
facility plan or its operation or closure or post-closure care activities, or there are
regulatory changes that effect its operation or closure or post-closure care
activities, shall submit a letter describing the changes, all attachments necessary
to completely describe the change, a completed Application for a Hazardous
Waste Facility Permit Certification (DEP Form 62-730.900(2)(d), and the permit
renewal fee.
(b) Owners or operators of facilities which have operated or are
conducting closure or post-closure care activities under the existing permit
without any facility or regulatory changes shall submit a letter stating that there
are no changes to the application filed in support of the existing permit, a
completed Application for a Hazardous Waste Facility Permit Certification (DEP
Form 62-730.900(2)(d)), and the permit renewal fee.
(2) Permits issued under this Part may be transferred by the permittee
to a new owner or operator only upon Department approval. Application for
transfer shall be made at least 90 days before the effective date of the transfer
and shall include:
(a) A properly completed Application for Transfer of Permit Form (62-
1.201(1));
(b) A demonstration that the new owner or operator meets the financial
responsibility requirements adopted in Section 62-730.180, FAC, and
(c) A certification stating that no changes are to be made which would
require modification of the permit, or a proposal for modification.
(d) A completed Application for Hazardous Waste Facility Permit Part I
(DEP Form 62-730.900(2)(a)).
(e) A completed Application for Hazardous Waste Facility Permit
Certification (DEP Form 62-730. 900(2)(d)).
(3) The prior owner or operator shall comply with the requirements of
40 CFR 264 Subpart H until the new owner or operator has demonstrated
compliance with that Subpart.
(4) The permittee shall comply with Section 403.722(13), Florida
Statutes, which specifies the requirements for transfer of permits.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403.704, 403.722, FS.
History-- New 7-1-82; Formerly 17-30.30; Amended 9-23-87, 6-28-88, Formerly
17-30.300, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730 300,
Amended 1-5-95.
62-730.310 Availability of Information.
(1) Pursuant to Chapter 119, Florida Statutes, all documents, papers,
or other material received or made by the Department in connection with its
hazardous waste program are public records Except as provided below, all
such information is available for inspection at reasonable times and under
reasonable conditions. The Department shall furnish copies of public records
upon payment of the actual cost of duplication. In the case of public records for
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which no claim of trade secret or confidential records has been made under this
Section, records shall be made available as soon as possible but in no event
later than 20 working days from the receipt of a request A requestor of
information for which no claim of trade secret or confidential records has been
made may seek remedies pursuant to Subsection (7) below
(2) When requests for records are not sufficient to identify and locate
the requested records the Department shall promptly notify the requestor and
make every reasonable effort to assist in the identification and description of
records requested.
(3) Any person who submits information to the Department pursuant to
this Chapter may assert a claim of trade secret or records confidentiality under
Section 403.73 and 403.111, Florida Statutes. In order to assert such a claim
the information submitted must be accompanied by a cover letter which explains
what information is a trade secret or confidential records and why it is believed
to be a trade secret or confidential records. In addition each page of the
material subject to the claim shall be prominently stamped or marked
“Confidential Trade Secret” or “Confidential Records”. Information submitted to
the Department without a proper claim of trade secret or records confidentiality
shall be treated as a public record. Material which would not be considered
confidential business information under 40 CFR Part 2 Subpart B shall not be
considered a trade secret or confidential records for purposes of this section.
(4) Upon receipt of information upon which a trade secret or
confidential records claim has been made the Department shall place the
material upon which the claim has been made in a separate confidential file and
shall place a notice in the public record file that such confidential information
exists. The Department may, after notice and opportunity for hearing, determine
that the material is not a trade secret or confidential records and is not
confidential.
(5) Any person who requests the right to inspect material for which a
claim of trade secret or records confidentiality has been made shall be promptly
informed of their rights under this rule and under Chapter 119, F.S.
(6) Any person may request confidential trade secret records or
confidential records by filing a written request with the Department’s Office of
General Counsel. The Department shall issue a notice of its intent to release
the information or to keep it confidential within 20 working days of receipt of a
request which properly describes the identity and location of the information
pursuant to Subsection (2). The notice shall be sent to both the requestor and
the person asserting the trade secret or confidential records claim. Failure of
the Department to take action within the 20 day period shall constitute final
agency action to not release the information and the requestor may seek judicial
review provided below.
(7) The requestor or the party asserting the claim of trade secret or
confidential records may file an action in circuit court pursuant to Section
119.11, F.S.
Specific Authority 403.704, 403.722, FS.
Law Implemented 403 704, 403.722, FS.
History -- New 7-9-82; Formerly 17-30.31; Amended 9-23-87, 6-28-88, Formerly
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17-30.310, Amended 10-7-93, Formerly 17-730.310.
62-730.320 Emergency Detonation or Thermal Treatment of Certain
Hazardous Waste.
(1) Certain hazardous wastes, due to their origin, age, and storage
conditions have become a hazard to their surroundings. Because of the
flammable, shock sensitive and explosive nature of the wastes, there is an
immediate danger and imminent hazard to persons and property in the
surrounding area. Therefore, an authorization is granted for the emergency
detonation or treatment of reactive hazardous wastes, as defined in F.A C.
Chapter 62-730, provided:
(a) The person having custody of the waste contacts the Department
and obtains oral or written permission prior to detonation or treatment. If the
permission is oral it must be followed within five days by a written order. Written
orders shall be accompanied by the publication of public notice.
(b) The waste is highly reactive, shock sensitive, or explosive and can
only be safely disposed of through its prompt detonation or treatment.
(c) The type and amount of waste to be detonated is specified to the
Department. Only those wastes specified may be disposed of under this permit.
(d) The detonation or treatment is conducted or supervised by local
law enforcement officials, bomb squads, or other officials or agencies
experienced in the handling and disposal of explosives.
(e) The time and place of the detonation or treatment is specified in
the notice to the Department.
(f) The procedures for the detonation or treatment is specified in the
notice to the Department.
(g) Permission granted under this rule shall not exceed 90 days.
(h) Permission granted under this rule shall include all applicable
requirements of Chapter 62-730 to the extent possible and not inconsistent with
the emergency situation.
(2) This authority shall be subject to the following specific conditions:
(a) All other local, state, and federal approvals and licenses required
for the activities allowed in this authorization shall be obtained.
(b) Visible residual materials shall be recovered from the site and
properly disposed of in accordance with Department rules.
(c) Adequate fire protection to assure confinement and control of any
fire resulting from the operation shall be provided.
(d) The local Department representative or their designee shall be
notified and may be present to observe the treatment or detonation.
(e) Prior to treatment or detonation, the site shall be secured and no
site access allowed except by authorized personnel. The area around the site
shall be visually inspected to assure that no unauthorized personnel are present
The securing and inspection of the site shall be made to at least the following
distances:
POUNDS OF WASTE MINIMUM DISTANCE
EXPLOSIVE
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0 to 100 204 meters (670 feet)
101 to 1,000 380 meters (1250 feet)
1,001 to 10,000 530 meters (1730 feet)
10,001 to 30,000 690 meters (2260 feet)
(f) Thermal treatment or detonation shall be conducted only at the
times and place specified in the permittee’s notice to the Department.
(g) The Department may require, as a condition of its approval, that
soil sampling be conducted before and after the detonation or treatment.
(h) Within 30 days of the emergency detonation or thermal treatment,
the authorized person shall submit to the Department a complete written
summary of the detonation or treatment which shall include actual procedures
used, disposition of any residues from the process, and other pertinent
information.
Specific Authority 403.704, 403.721, FS.
Law Implemented 403.061, 403.704, 403.721, 403.726, FS.
History -- New 9-30-85; Formerly 17-30.32, 17-30.320, Formerly 17-730.320,
Amended 1-5-95.
62-730.330 Research Development and Demonstration Permits.
(REPEALED)
Specific Authority 403.704, FS.
Law Implemented 403.7221, FS.
History -- New 9-23-87; Amended 6-28-88, Formerly 17-30.330,
Formerly 17-730.330, Repealed 10-20-96.
PART V
HAZARDOUS WASTE FORMS
62-730.900 Forms.
The forms used by the Department in the Hazardous Waste Management
Program are adopted and incorporated by reference in this section. The forms
are listed by rule number, which is also the form number, and with the subject
title and effective date. In order to facilitate the initial submission of a complete
application, applicants for hazardous waste permits are encouraged to use the
Hazardous Waste Facility Permit Application Instructions, which provide
guidance to the forms and assistance in assuring that the application complies
with the provisions of 40 CFR Part 270 and this Chapter. Copies of the forms
and instructions may be obtained by writing to the Hazardous Waste Regulation
Section, Division of Waste Management, Department of Environmental
Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(1) Governmental Hazardous Waste Notification Form for the calendar
year I 9_, December 1, 1984.
(2) Application for a Hazardous Waste Facility Permit Forms.
(a) Part I - General, January 5, 1995.
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(b) Well Construction Summary Report, September 10, 1991.
(c) Information Regarding Potential Releases from Solid Waste
Management Units, October 7, 1993.
(d) Certification, January 5, 1995.
(3)
Identification
(4)
(a)
Demonstrate
(b)
Demonstrate
(C)
Financial Assurance, January 5, 1995.
(d) Hazardous Waste Facility Corporate Guarantee for Liability
Coverage, January 5, 1995.
(e) Hazardous Waste Facility Trust Fund Agreement to Demonstrate
Financial Assurance, January 5, 1995.
(f) Hazardous Waste Facility Standby Trust Fund Agreement to
Demonstrate Financial Assurance, January 5, 1995.
(g) Hazardous Waste Facility Irrevocable Letter of Credit to
Demonstrate Financial Assurance, January 5, 1995.
(h) Hazardous Waste Facility Financial Guarantee Bond to
Demonstrate Financial Assurance, January 5, 1995.
(i) Hazardous Waste Facility Performance Bond to Demonstrate
Financial Assurance, January 5, 1995.
(j) Hazardous Waste Facility Insurance Certificate to Demonstrate
Financial Assurance, January 5, 1995.
(k) Hazardous Waste Facility Certificate of Liability Insurance (Primary
Policy), January 5, 1995.
(I) Hazardous
(Excess/Surplus Policy),
(m) Hazardous
5, 1995.
1992.
Waste Facility Certificate of Liability Insurance
January 5, 1995.
Waste Facility Endorsement (Primary Policy), January
Waste Facility Endorsement (Excess/Surplus Policy),
Waste Transporter Financial Responsibility Forms.
Waste Transporter Certificate of Liability Insurance,
Waste Transporter Liability Endorsement, October 14,
(c) Hazardous Waste Transporter Liability Surety Bond, October 14,
(d) Hazardous Waste Transporter Status Form, October 14, 1992.
(6) Transfer Facility Notification Form, October 14, 1992.
Specific Authority 120.53, 403.061, FS
Law Implemented 120.53, 120.55, 403.0875, FS.
History-- New 11-30-82; Amended 4-1-83, 5-5-83, 8-21-83, 3-1-84, 5-31-84,
Application for a Hazardous Waste Emergency EPNDEP
Number, January 5, 1995.
Hazardous Waste Financial Responsibility Forms.
Hazardous Waste Facility Letter from Chief Financial Officer to
Financial Assurance, January 5, 1995.
Hazardous Waste Facility Letter from Chief Financial Officer to
Financial Responsibility, January 5, 1995.
Hazardous Waste Facility Corporate Guarantee to Demonstrate
(n)
January 5,
(5)
(a)
January 5,
(b)
1992.
Hazardous
1995.
Hazardous
Hazardous
1995.
Hazardous
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9-17-84, 10-29-84, 2-11-85; Formerly 17-1.207(1) and (3)-(6), Amended 2-6-86,
4-8-86, 9-23-87; Formerly 17-30.401, Amended 6-28-88, 12-12-88, Formerly 17-
30.900, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-
730.900, Amended 1-5-95.
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3
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1177r fi ci
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RCRA PARALLEL CITATIONS FOR GEORGIA
TOPIC
CFR
Ga. Comp. R. & Regs. r.
xxx-x-xx-.xx (1998)
Hazardous Waste
Management System
2601 and 2602
260 10 (definitions)
391-3-11-01
391-3-11- 02- incorporates
federal regs
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261.1
391-3-11- 07- incorporates
federal regs
“solid waste” definition
261 2
391-3-1 1-.07
“hazardous waste” definition
261 3
391-3-11- 07
“solid waste” exclusions
261 4
39 1-3-i i-.07
requirements for CESQG
261 5
391-3-11- 07
criteria for identif ,’ing
characteristics of hazardous
waste
261.10
391-3-11- 07
criteria for listing hazardous
waste
261.11
39 1-3-1 1-.07
characteristics of hazardous
waste
261 20-261 24
391-3-1 1- 07
lists of hazardous wastes
261 30-261 32
391-3-11- 07
Georgia, Final Authorization of State Hazardous Waste Management Program:
• 49FR31417(8/7/84)
• effective date 8/21/84
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49FR31417-O1 Page4
1984 WL 105433 (F.R.)
(Cite as: 49FR 31417)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[ WH-FRL-2635-31
Georgia: Decision on Final Authorization of State Hazardous Waste Management
Program
Tuesday, August 7, 1984
*31417 AGENCY: Environmental Protection Agency.
ACTION: Notice of Final Determination on Georgia’s Application for Final Authorization.
SUMMARY: Georgia has applied for Final Authorization under the Resource Conservation and Recovery Act
(RCRA). The Environmental Protection Agency (EPA) has reviewed Georgia’s application and has reached a final
determination that Georgia’s Hazardous Waste Program satisfies all of the requirements necessary for Final
Authorization. Thus, EPA is granting Final Authorization to the State to operate its program in lieu of the Federal
program.
EFFECTWE DATE: Final Authorization for Georgia, for purposes of judicial review, shall be effective at 1:00 p.m.
Eastern time on August 21, 1984.
FOR FURTHER INFORMATION CONTACT: Allan E. Antley, Chief, Waste Planning Section, Residuals
Management Branch, Air and Waste Management Division, U.S. Environmental Protection Agency, 345 Courtland
Street NE., Atlanta, Georgia 30365. (404) 881-3016.
SUPPLEMENTARY INFORMA11ON: Section 3006 of RCRA allows the EPA to authorize state hazardous waste
management programs to operate in the state in lieu of the Federal program. To qualify for Final Authorization, a
state’s program must (1) be “equivalent” to the Federal program, (2) be consistent with the Federal program and
other state programs, and (3) provide for adequate enforcement (Section 3006 (b) of RCRA, 42 U.S.C. 6226(b)).
On February 6, 1984, Georgia submitted a complete application to obtain Final Authorization to administer an
RCRA program. On May 7, 1984, EPA published a tentative decision announcing its intent to grant Georgia Final
Authorization. Further background on the tentative decision appears at 49 FR 19341, May 7, 1984.
Along with the tentative determination, EPA announced the availability of the State’s application for public review
and comment and the date of a public hearing on the application. The public hearing was not held as scheduled on
June 6, 1984, since neither EPA nor the Georgia Department of Natural Resources received significant interest in
holding the hearing.
To date, all RCRA hazardous waste management permits in Georgia have been issued by the State under the
authority granted to the State during interim authorization. Therefore, there will be no change in the status of permits
or permitting authority on the effective date of this rule.
Georgia is not authorized by the Federal government to operate the RCRA program on Indian Lands and this
authority will remain with EPA.
Decision
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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49FR31417-01 PageS
(Cite as: 49 FR 31417, *31417)
It is my conclusion that Georgia ’s Application for Final Authorization meets all of the regulatory and statutory
requirements established by RCRA.
Accordingly, Georgia is granted Final Authorization to operate its hazardous waste management program. This
means that Georgia now has the responsibility for permitting treatment, storage and disposal facilities within its
borders and for carrying out all other aspects of the RCRA program. Georgia also has primary enforcement
responsibility, although EPA retains the right to take enforcement action under Section 3008 of RCRA.
Compliance With Executive Order 12291: The Office of Management and Budget has exempted this rule from the
requirements of Section 3 of Executive Order 12291.
Certification Under the Regulatory Flexibility Act: Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on a substantial number of entities. This
authorization effectively suspends the applicability of certain Federal regulations in favor of Georgias program,
thereby eliminating duplicative requirements for handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous materials, Indian lands, Reporting and recordkeeping requirements, Waste treatment and disposal,
Intergovernmental relations, Penalties, Confidential business information.
Authority: This notice is issued under the authority of Sections 2002(a), 3006, and *31418 7004(b) of the Solid
Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b), and EPA delegation 8-7.
Dated: July 13, 1984.
Charles R. Jeter,
Regional Administrator.
[ FR Doc. 84-20876 Filed 8-6-84; 8:45 am]
BILUNG CODE 6560-50-M
49 FR 31417-01, 1984 WL 105433 (F.R.)
END OF DOCUMENT
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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RULES
OF
GEORGIA DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION
CHAPTER 391-3-11
HAZARDOUS WASTE MANAGEMENT
TABLE OF CONTENTS
391—3—11—. 01
391—3—11—. 02
391—3—11 -- . 03
391—3—11—. 04
391—3—11—. 05
391—3—11—. 06
391—3—11— .07
391—3—11—. 08
391—3—11—. 09
391—3—11—. 10
391—3—11—. 11
391—3—11—. 12
391—3—11—. 13
391—3—11—. 14
391—3—11—. 15
391—3—11— .16
391—3—11— .17
391—3—11— .18
391—3—11— .19
General Provisions
Definitions
Confidentiality of Information
Notification of Hazardous Waste Activities
Financial Responsibility
Variances
Identification and Listing of Hazardous Waste
Standards Applicable to Generators of Hazardous
Waste
Standards Applicable to Transporters of Hazardous
Waste
Standards for Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities
Hazardous Waste Facility Permits
Inspection and Investigation
Enforcement
Public Participation
Availability of Information
Land Disposal Restrictions
Recycled Used Oil Management Standards
Standards for Universal Waste Management
Standards for Waste Mercury-Containing Lamps
Adopted: December 2, 1998
Effective: December 23, 1998
0
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391-3-11-.Ol General Provisions. Amended.
(1) Purpose—The purpose of these rules is to establish policies,
procedures, requirements, and standards to implement the Georgia
Hazardous Waste Management Act, 0.C.G.A. § 12-8-60, et seq. (1996
and Supp. 1998) . These rules are promulgated for the purpose of
protecting and enhancing the quality of Georgia’s environment and
protecting the public health, safety and well-being of its citizens
(2) Any reference in these rules to standards, procedures, and
requirements of Title 40 of the Code of Federal Regulations (40
C.F.R.) Parts 260—268, 273 and Part 279 or 40 C.F.R. Parts 124 or
270 shall constitute the full adoption by reference of the Part,
Subpart, and Paragraph so referenced including any notes and
appendices as may be associated, unless otherwise stated.
Provided, however, nothing in 40 C.F.R. Parts 260-268, 273 and Part
279 or 40 C.F.R. Parts 124 or 270, as pertains to permits for
Underground Injection Control Program (U.I.C.) under the Safe
Drinking Water Act, the Dredge or Fill Program under § 404 of the
Clean Water Act, National Pollution Discharge Elimination System
(NPDES) under Clean Water Act or Prevention of Significant
Deterioration Program (PSD) under the Clean Air Act is adopted or
included by reference herein.
(a) When used in any such provisions as may be adopted from 40
C.F.R. Parts 260—268, 273 and Part 279, and Parts 124 and 270:
United States, except in reference to regulations on international
shipments, shall mean the State of Georgia; Environmental
Protection Agency, except in reference to regulations on
international shipments, shall mean Environmental Protection
Division; and Regional Administrator, except in reference to
regulations on international shipments, shall mean Director of the
Environmental Protection Division. Unless specifically indicated
otherwise, any reference to implementation by, submissions to, or
inspections, investigations or enforcement to or by the
Environmental Protection Agency in such regulations as may be
adopted by reference by these rules shall be construed to mean the
Georgia Environmental Protection Division, unless such
interpretation would be inconsistent with the intent of the Georgia
Hazardous Waste Management Act.
(b) Any reference to 40 C.F.R. Parts 124 or 270 in any provisions
adopted by reference from 40 C.F.R. Parts 260-268, 273 and Part 279
shall be construed to refer to the permitting provisions contained
in § 391—3-11- .11 of these rules, and references to EPA forms or
reports, except in reference to regulations on international
shipments, shall mean EPD forms and reports as may be provided by
the Director.
1
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(C) 40 C.F.R. Part 260.3 (1997) is hereby incorporated by
reference.
(3) As of July 10, 1992, any facility which failed to qualify for
federal interim status for any waste code promulgated pursuant to
HSWA or who lost interim status for failing to certify under HSWA
for any newly promulgated waste code, is also denied interim status
under State law.
Authority O.C.G.A. § 12—8—60, et seq. (1996 and Supp. 1998)
391-3-11- .02 Definitions. Amended.
(1) 40 C.F.R. § 260.10—260.11 (1997), are hereby incorporated by
reference.
(2) Differences between State and Federal Definitions: When the
same word is defined both in the Georgia Hazardous Waste Management
Act and in 40 C.F.R. § 260.10, 268.2, and 270.2, 273 and 279
(1997), as adopted by reference above, and the definitions are not
identical, the definitions as given in the Georgia Hazardous Waste
Management Act shall be applied unless such application would
render these rules inconsistent with Federal Hazardous Waste rules
and regulations.
Authority O.C.G.A. § 12-8—60, et seq. (1996 and Supp. 1998)
391-3-11- .03 Confidentiality of Information. Amended.
(1) Any records, reports, or information obtained from any person
by the Director under these rules shall be available to the public
for inspection and copying at the expense of the person requesting
copies, except that upon a showing satisfactory to the Director by
any person that any records, reports, or information or any
particular part thereof, to which the Director has access under
these rules would, if made public, divulge information entitled to
protection or confidentiality under law, the Director shall
consider such information or any particular portion thereof
confidential in accordance with the purposes of the law under which
confidentiality or protection is claimed, except that such records,
reports, documents, or information may be disclosed to officers,
employees or authorized representatives of the United States
government concerned with carrying out the terms of the Federal
Act, or when required by any court in any proceedings under the
Federal Act or under the Georgia Hazardous Waste Management Act.
2
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(2) Any claim of confidentiality filed pursuant to this section
must be asserted at the time of initial submission of the record,
report, or information in question, or it shall be deemed waived.
(3) Any claim of confidentiality filed pursuant to this section
must be accompanied by a statement of the legal basis supporting
the claim of confidentiality.
Authority O.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998), and
O.C.G.A. § 50—18—70, et seq. (1998)
391-3-11-.04 Notification of Hazardous Waste Activities.
Amended.
(1) Every hazardous waste generator, transporter, and owner or
operator of a hazardous waste storage, treatment, or disposal
facility shall notify the Division of such activities on forms
provided by the Director.
(2) Any person who, on the effective date of these rules or
effective date of any subsequent revisions of these rules, is
generating or transporting hazardous waste or who owns or operates
a hazardous waste storage, treatment, or disposal facility must
notify the Division of such activities within 90 days after these
rules or revisions to these rules become effective, unless such
notification has previously been provided to the Regional
Administrator of the Environmental Protection Agency in accordance
with § 3010 of the Federal Act.
(3) Any person who, on the effective date of these rules or
effective date of any subsequent revisions to these rules, is not
generating hazardous waste and who subsequently begins to generate
hazardous waste must, within 30 days after commencing such
generation, notify the Division of such generation in accordance
with subsection (1) above.
Authority O.C.G.A. § 12—8-60, et seq. (1996 and Supp. 1998)
391-3-11- .05 Financial Responsibility. Amended.
(1) 40 C.F.R. Part 264, Subpart H (1997), and Part 265, Subpart
H (1997), are hereby incorporated by reference.
(2) The Director shall require proof of adequate financial
responsibility to insure any corrective action required as a
condition of a permit issued pursuant to these rules.
3
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(3) Methods other than those provided for in subsection (1) above
may be used to insure financial responsibility if the owner or
operator can show that an equivalent degree of protection can be
provided concerning human health and the environment.
Authority O.C.G.A. § 12-8—60, et seq. (1996 and Supp. 1998)
391-3-l1-.06 Variances. amended.
A variance shall be granted only if it is consistent with the
requirements of the Georgia Hazardous Waste Management Act, as
amended, and these rules and consistent with the Federal Act and
regulations promulgated thereunder. The Director will evaluate the
application for a variance and issue a draft notice tentatively
granting or denying the application. Notification of this
tentative decision will be provided by newspaper advertisement and
radio broadcast in the locality where the applicant is located.
The Director will accept comment on the tentative decision for
thirty (30) days, and may also hold a public hearing upon request
or at his discretion. The Director will issue a final decision
after receipt of comments and after the hearing, if any.
Authority O.C.G.A. § 12-8—60, et seq. (1996 and Supp. 1998)
391-3-11- .07 Identification and Listing of Hazardous Waste.
Amended.
(1) 40 C.F.R. Part 261 (1997), as amended by 63 Fed. Reg. 18635
(April 15, 1998), 63 Fed. Reg. 24625 (May 4, 1998), 63 Fed. Reg.
24968 (May 6, 1998), 63 Fed. Reg. 28636 (May 26, 1998), 63 Fed.
Reg. 33823 (June 19, 1998), and 63 Fed. Reg. 37781 (July 14, 1998),
is hereby incorporated by reference.
(2) 40 C.F.R. Part 260, Subpart C (1997) is hereby incorporated
by reference.
(3) The Director shall provide public notice of any petition to
delist a waste and shall provide an opportunity for public comment
thereon. Such public notice shall be paid for by the person
requesting the delisting.
Authority O.C.G.A. § 12-8—60, et seq. (1996 and Supp. 1998)
391-3-11- .08 Standards Applicable to Generators of Hazardous
Waste. Amended.
4
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(1) 40 C.F.R. Part 262 (1997), is hereby incorporated by
reference.
(2) Hazardous Waste Manifests shall be on forms as designated by
the Director and shall be completed as required by the instructions
supplied.
Authority O.C.G.A. § 12-8—60, et seq. (1996 and Supp. 1998)
391-3-].1- .09 Standards Applicable to Transporters of Hazardous
Waste. Amended.
40 C.F.R. Part 263 (1997), is hereby incorporated by reference.
Authority 0.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998)
391—3—11— . 10 Standards for Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities. Amended.
(1) 40 C.F.R. Part 265, Subparts A-G, Subparts I-R, Subpart W,
Subpart AA, Subpart BB, Subpart CC, Subpart DD and Subpart EE
(1997), as amended by 62 Fed. Reg. 64656 (Dec. 8, 1997), is hereby
incorporated by reference.
(2) 40 C.F.R. Part 264, Subparts A-G, Subparts 1-0, Subpart S,
Subpart W, Subpart X, Subpart AA, Subpart BB, Subpart CC, Subpart
DD, and Subpart EE (1997), as amended by 62 Fed. Reg. 64656 (Dec.
8, 1997), is hereby incorporated by reference.
(3) 40 C.F.R. Part 266 (1997), is hereby incorporated by
reference.
Authority 0.C.G.A. § 12—8—60, et seq. (1996 and Supp. 1998)
391-3-11-. 11 Hazardous Waste Facility Permits. Amended.
(1) Permits Required: No person shall and it shall be unlawful
and a violation of the Georgia Hazardous Waste Management Act to
construct, install, operate or substantially alter a hazardous
waste facility without first obtaining and possessing a hazardous
waste facility permit from the Director.
(a) Scope of the RCRA Permit Requirement: 40 C.F.R. § 270.1(c)
(1997) is hereby incorporated by reference.
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(b) 40 CFR § 124.1(a) (1997) is hereby incorporated by reference.
(2) Interim Status: Any person who owns or operates a facility
required to have a permit under subsection (1) above, which
facility was in existence on November 19, 1980, or is in existence
on the effective date of statutory or regulatory changes pursuant
to the Georgia Hazardous Waste Management Act that render the
facility subject to the requirement to have a permit pursuant to
subsection (1) above, shall be accorded interim status, which means
that such person shall be treated as having been issued a permit
until such time as final administrative disposition of the person’s
application has been made, if and to the extent the person:
(a) Has notified the Director of the existence of such facility
as required pursuant to Rule 391—3-11—.04;
(b) Has filed an application for a permit as required pursuant to
these rules;
(C) Furnishes to the Director information reasonably required or
requested for processing such application;
(d) Does not treat, store, or dispose of hazardous waste not
specified in the permit application, nor employ processes not
specified in the permit application, nor exceed the design capacity
specified in the permit application; and
(e) Complies with all standards applicable to interim status
facilities set forth in these rules.
(3) Application for Permit: An application for a Hazardous Waste
Facility Permit shall be submitted in such manner and on such forms
as the Director may prescribe.
(a) Application shall be complete and accurate and accompanied by
required plans, data, specifications, engineering reports, design
and other information as the Director deems necessary to make a
determination of compliance with the Act, applicable standards and
requirements and these rules. An application for a permit shall
include a demonstration of financial responsibility including but
not limited to guarantees, liability insurance, the posting of
bonds, or any combination of guarantees, liability insurance, or
bonds, in accordance with O.C.G.A. § 12-8-68 et seq. (1996 and Supp.
1998) and § 391-3—ll—.05 of these rules. Applications for permits
will be reviewed together with such other information as may be
necessary to ascertain the effect upon the environment and the
health of humans.
(b) Specific Procedures Applicable to RCRA Permits: 40 C.F.R. §
6
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124.31-33 (1997), are hereby incorporated by reference except the
following sentence is deleted in section (a) of 124.31, .32 and .33
“For the purpose of the section only ‘hazardous waste management
units over which EPA has permit issuance authority’ refers to
hazardous waste management units for which the State where the
units are located has not been authorized to issue RCRA permits
pursuant to 40 CFR part 271.”
(c) Permit Application and Updating Permit Applications for
Existing and New Hazardous Waste Management Facilities: 40 C.F.R.
§ 124.3 (1997) and 40 C.F.R. § 270.10 (1997) are hereby
incorporated by reference.
Cd) Signatories to Permit Applications and Reports: 40 C.F.R. §
270.11 (1997) is hereby incorporated by reference.
Ce) Confidentiality of Information: 40 C.F.R. § 270.12(b) (1997)
is hereby incorporated by reference.
(f) Interim Status: 40 C.F.R. § 270.70—270.73 (1997), as
amended by 63 Fed. Reg. 33823 (June 19, 1998), are hereby
incorporated by reference.
(g) Contents of Part A: 40 C.F.R. § 270.13 (1997) is hereby
incorporated by reference.
(h) Contents of Part B: 40 C.F.R. § 270.14—270.27 (1997), as
amended by 62 Fed. Reg. 64656 (Dec. 8, 1997), are hereby
incorporated by reference.
(4) Upon the first receipt of an application for a Hazardous
Waste Facility Permit, the Director, within fifteen (15) days,
shall provide to the government of the county in which the facility
is located or proposed to be located, to each city government
located wholly or partially within that county, and to the
government of each county and city having territorial boundaries
within two miles of the hazardous waste facility or proposed
hazardous waste facility a written notice indicating that an
application has been received and describing the hazardous waste
activities the applicant proposes to conduct. Within a 30 day
period after first receipt of such application, the Director shall
also publish in at least one local newspaper of general circulation
in the county a public notice that an application for a hazardous
waste facility permit has been received. A public hearing shall be
held if such is requested in writing within thirty (30) days after
publication of notification and is requested by twenty-five (25) or
more persons who claim to be affected by the pending permit
application, by a governmental subdivision, or by an association
having no fewer than twenty-five (25) members. If requested, the
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public hearing shall be conducted at the county seat of the county
in which the hazardous waste facility is proposed to be located.
At least forty-five (45) days prior to the date of the public
hearing, the Director shall provide written notice to the various
local governmental subdivisions and other interested parties in the
locality in which the proposed facility may be located that a
public hearing has been requested, which written notice shall also
include the date, time, location and purpose of the public hearing.
The date, time, location and purpose of such public hearing shall
be advertised in the legal organ of the county in which the
facility is proposed at least forty-five (45) days in advance of
the date set for the hearing. Such public hearings shall be held
for the purpose of receiving comments and suggestions concerning
the location and requirements for the operation of a hazardous
waste facility. The Director shall consider fully all written and
oral submissions regarding the proposed facility and the pending
application.
(a) Public Notice of Permit Actions and Public Comment Period: 40
C.F.R. § 124.10 (1997) is hereby incorporated by reference.
(b) Public Comments and Request for Public Hearings: 40 C.F.R.
§ 124.11 (1997) is hereby incorporated by reference.
(C) Public Hearings: 40 C.F.R. § 124.12(a) (1997) is hereby
incorporated by reference.
(d) Obligation to Raise Issues During Public Comment: 40 C.F.R.
§ 124.13 (1997) is hereby incorporated by reference.
(e) Reopening of the Public Comment Period: 40 C.F.R. § 124.14
(1997) is hereby incorporated by reference.
(f) Issuance and Effective Date of Permit: 40 C.F.R. § 124.15
(1997) is hereby incorporated by reference.
(g) Response to Comments: 40 C.F.R. § 124.17(a) and (c) (1997) is
hereby incorporated by reference.
(h) The owner or operator of any hazardous waste treatment,
storage or disposal facility shall pay any costs or expenses
associated with public notices or notifications required by these
rules including, but not limited to, public notices or
notifications relating to permitting and closure activities.
(5) Issuance of Permit: A permit shall be issued to an applicant
on evidence satisfactory to the Director of compliance with the
provisions of the Act, any applicable standards or requirements and
these rules.
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(a) Any permit shall contain such terms and conditions, including
conditions requiring corrective action beyond the facility
boundary, as are deemed necessary by the Director to protect the
environment and the health of humans, and the Director may require
such testing and construction supervision as he deems necessary to
protect the environment and the health of humans. Any permit
issued subsequent to November 8, 1984, shall contain conditions
requiring corrective action for any releases into the environment
of hazardous waste or hazardous constituents at the facility
seeking a permit, regardless of the time at which waste was placed
at such facility.
Cb) Conditions Applicable to all Permits: 40 C.F.R. § 270.30
(1997) is hereby incorporated by reference.
Cc) Establishing Permit Conditions: 40 C.F.R. § 270.32 (1997) is
hereby incorporated by reference.
(d) Schedules of Compliance: 40 C.F.R. § 270.33 (1997) is hereby
incorporated by reference.
(e) Requirements for Recording and Reporting of Monitoring
Results: 40 C.F.R. § 270.31 (1997) is hereby incorporated by
reference.
(f) Effect of a Permit: 40 C.F.R. § 270.4 (1997) is hereby
incorporated by reference.
(g) Draft Permits: 40 C.F.R. § 124.6 (a), Cd) and (e) (1997) is
hereby incorporated by reference.
(h) Fact Sheet: 40 C.F.R. § 124.7 and 124.8 (1997) are hereby
incorporated by reference.
(i) Deadlines for Issuance: In the case of all hazardous waste
facilities in existence on November 8, 1984, the Director must make
a decision to issue or deny a permit by the following dates:
1. By November 8, 1988, for all land disposal facilities;
2. By November 8, 1989, for all incinerators; and
3. By November 8, 1992, for all other hazardous waste facilities.
(6) Denial of Permit: In the event of denial of a permit
application, the Director shall send written notice of such action
to the applicant and shall set forth in such notice the reason for
the action. The denial of any permit by the Director shall become
final unless a petition for hearing in accordance with O.C.G.A. §
9
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12—8—73 (1996 and Supp. 1998) is filed.
(a) 40 C.F.R. § 124.6 (b) (1997) is hereby incorporated by
reference.
(b) 40 C.F.R. § 270.29 (1997) is hereby incorporated by
reference.
(7) P mendment, Modification, Revocation or Suspension of Permit:
(a) The Director may amend, modify, suspend or revoke any permit
issued for cause, including but not limited to, the following:
1. violation of any condition or provision of such permit or
failure to comply with any final order of the Director;
2. failure to comply with the Act or these rules;
3. obtaining a permit by misrepresentation or failure to disclose
fully all relevant facts; or
4. when the permitted facility poses a threat to the environment
or the health of humans.
(b) In the event of amendment, modification, suspension or
revocation of any permit, the Director shall serve written notice
of such action on the permit holder and shall set forth in such
notice the reason for such action.
(c) Modification, Revocation, Reissuance, or Termination of
Permits: 40 C.F.R. § 270.41, 270.43 and 124.5 (1997) are hereby
incorporated by reference.
(d) Permit Modification at the Request of Permittee: 40 C.F.R.
§ 270.42, and § 124.5 (1997), as amended by 63 Fed. Reg. 33823
(June 19, 1998), are hereby incorporated by reference.
(8) Transfer of Permits: Permits are not transferable from one
person to another or from one site or facility to another unless
such transfer is approved by the Director.
(a) 40 C.F.R. § 270.40 (1997) is hereby incorporated by
reference.
(9) Duration of Permit: A permit shall be effective for a fixed
term not to exceed 10 years.
(a) Each permit for a land disposal facility shall be reviewed by
the Director five years after the date of permit issuance or
10
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reissuance and shall be modified as necessary to assure that the
facility continues to comply with the currently applicable
requirements of these rules.
(10) Special Forms of Permits: 40 C.F.R. § 270.60 — 270.63,
270.65, and 270.66 (1997) are hereby incorporated by reference.
(11) Noncompliance and Program Reporting by the Director: 40
C.F.R. § 270.5 (1997) is hereby incorporated by reference.
(12) Definitions Applicable to RCRA Permits: Definitions of
words or terms applicable to RCR . permits as defined in 40 C.F.R.
§ 270.2 (1997) are hereby incorporated by reference.
(13) References: 40 C.F.R. § 270.6 and 270.66 (1997) are hereby
incorporated by reference.
Authority O.C.G.A. § 12—8—60, et seq. (1996 and Supp. 1998)
39].-3-11-.12 Inspection and Investigation. Amended.
(1) The Director or his authorized representative, upon
presentation of his credentials, shall have a right to enter upon,
to or through premises of persons subject to this Act, or premises
whereon a violation of the Act or rules and regulations is
reasonably believed to be occurring or is reasonably believed to be
about to occur, to investigate, take samples, copy all records
relating to hazardous wastes, and inspect for compliance with the
requirements imposed under the Act •or the rules and regulations or
to determine whether such a violation or threatened violation
exists, in accordance with the following purposes:
(a) for the purpose of determining whether any person subject to
the requirements of the Act is in compliance with these rules;
(b) for the purpose of investigating conditions relating to
hazardous waste management or hazardous waste management practices
where the Director is in possession of information sufficient to
form a reasonable belief that a violation of the Act or these rules
is occurring or is about to occur; or
(C) for the purpose of determining whether there has been a
violation of any of the provisions of the Act, or these rules, or
any permit or order issued pursuant to the Act and these rules.
(2) In the event any person does not consent to an inspection or
investigation, the Director or his authorized representative may
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seek to obtain a warrant authorizing the inspection or
investigation pursuant to O.C.G.A. § 12-2-2(d) (1996 and Supp.
1998)
(3) Each such inspection or investigation shall be commenced and
completed with reasonable promptness. If the Director or his
authorized representatives obtain any samples prior to leaving the
premises, he or they shall give to the owner, operator, or agent in
charge a receipt describing the sample obtained and, if requested,
a portion of each sample equal in volume or weight to the portion
retained. If any analysis is made of such samples, a copy of the
results of such analysis shall be furnished promptly to the owner,
operator, or agent in charge.
(4) This Section of these rules shall be construed so as to be
consistent with § 3007(a) of the Federal Act, 42 U.S.C. § 6927 (a)
(1995 and Supp. 1997)
Authority O.C.G.A. § 12-8—60, et seq. (1996 and Supp. 1998)
39l-3-ll-.13 Enforcement. Amended.
The administration and enforcement of these rules and regulations
shall be in accordance with the Georgia Hazardous Waste Management
Act, O.C.G.A. § 12—8—60, et seq. (1996 and Supp. 1998) O.C.G.A. §
12-2—1, et seq. (1996 and Supp. 1998); and the Georgia
Administrative Procedure Act, O.C.G.A. § 50—13-1, et seq. (1998)
Authority O.C.G.A. §12—8-60, et seq. (1996 and Supp. 1998)
391-3-ll-.14 Public Participation. Amended.
Interested persons may participate in the enforcement of the
Georgia Hazardous Waste Management Act and these rules pursuant to
the applicable provisions of the Georgia Hazardous Waste Management
Act, O.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998); O.C.G.A. §
12-2-1, et seq. (1996 and Supp. 1998); the Georgia Administrative
Procedure Act, O.C.G.A. § 50-13—1, et seq. (1998); the Georgia
Civil Practice Act, O.C.G.A. § 9-11-1, et seq. (1993 and Cum. Supp.
1998; or any other applicable provision of Georgia law.
Authority O.C.G.A. § 12—8—60, et seq. (1996 and Supp. 1998)
391-3-11- .15 Availability of Information. Amended.
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(1) The Director shall make disclosure of records to the public
within three working days of receipt of a request for disclosure,
if and to the extent the requester:
(a) has filed a request in writing with the Director at 1152
Floyd Towers East, 205 Butler Street, S.E., Atlanta, Georgia 30334;
(b) has requested records which are subject to the Georgia Open
Records Act, O.C.G.A. § 50—18—70, et seq. (1998); and
(C) has requested records that are not exempt from disclosure
pursuant to state law, O.C.G.A. § 50-18-70, et seq. (1998), and
O.C.G.A. § 12—8—78(a) (1996 and Supp. 1998).
(2) No fee shall be charged for record inspection. Reasonable
fees for copying records may be charged in accordance with
procedures developed by the Director.
(3) If a request to inspect or copy records is denied, the
Director shall furnish to the requester in writing the basis for
the denial and a statement of the judicial remedies available to
seek to obtain the requested records.
Authority O.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998)
391-3-11-. 16 Land Disposal Restrictions. Amended.
40 C.F.R. Part 268 (1997), as amended by 62 Fed. Reg. 37699 (July
14, 1997), 62 Fed. Reg. 45572 (Aug. 28, 1997), 62 Fed. Reg. 64509
(Dec. 5, 1997), 63 Fed. Reg. 24625 (May 4, 1998), 63 Fed. Reg.
28636 (May 26, 1998), 63 Fed. Reg. 31266 (June 8, 1998), and 63
Fed. Reg. 35149 (June 29, 1998), is hereby incorporated by
reference, except for 40 CFR 268.5, 268.6, 268.42(b), and 268.44
(a)-(g), which will be implemented by the U.S. Environmental
Protection Agency.
Authority O.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998)
391-3-11-. 17 Recycled Used Oil Management Standards. Amended.
40 C.F.R. Part 279 (1997), as amended by 63 Fed. Reg. 24968 (May 6,
1998) and 63 Fed. Reg. 37781 (July 14, 1998), is hereby
incorporated by reference.
Authority O.C.G.A. § 12—8-60, et seq. (1996 and Supp. 1998)
13
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391-3-11- .18 Standards for Universal Waste Management. Amended.
40 C.F.R. Part 273 (1997) is hereby incorporated by reference.
Authority O.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998)
391-3-11- .19 Standards for Management of Waste Mercury-Containing
Lamps. inended.
(1) Scope: This part establishes requirements for managing and
handling waste mercury-containing lamps as defined in 391-3-li-
.19(3). This part provides an alternate set of management
standards in lieu of regulation under 40 CFR Parts 260—272.
(2) Applicability: Waste Mercury-Containing Lamps:
(a) Waste mercury-containing lamps covered under 391-3—1l-.19.
The requirements of this part apply to persons handling waste
mercury-containing lamps as described in 391-3-11-.19(2), which
would otherwise be considered hazardous waste under 40 CFR Part
261;
(b) Generation of waste mercury containing lamps. A mercury-
containing lamp becomes a waste on the date it is discarded or is
permanently removed from its fixture and can no longer be used to
provide lighting.
(3) Definitions: Unless otherwise defined in this chapter, the
definition of all terms included in the Georgia Hazardous Waste
Management Act, O.C.G.A. § 12-8-60 et. seq. (1996 and Supp. 1998),
as amended, and in the Rules for Hazardous Waste Management,
section 391-3-l1—.02, shall have the same meaning in this section
391—3—11—. 19. When used in this section 391—3—ll—.19, the
following terms shall have the meaning given below:
(a) Closure or Closed means the assessment, remedial action or
abatement needed to identify, remove and properly dispose or
recycle all discarded lamps, mercury-containing residuals or
contaminated media from destination facilities after the date of
cessation of operations.
(b) Destination facility means a facility that treats, disposes
of, or recycles a particular category of waste mercury-containing
lamps, except those management activities described in 39l-3-ll—.19
(4) (d) and 39l—3—ll—.19(5) Cd) . A facility at which a particular
category of waste mercury-containing lamps are only accumulated, is
not a destination facility for purposes of managing waste mercury-
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containing lamps.
(c) Generator means any person, by site, whose act or process
produces hazardous waste identified or listed in 40 CFR part 261
or whose act first causes a hazardous waste to become subject to
regulation.
(d) Large Quantity Handler of waste mercury-containing lamps
means a waste mercury-containing lamps handler (as defined in this
section) who accumulates 5,000 kilograms or more total of waste
mercury-containing lamps at any time. This designation as a large
quantity handler of waste mercury-containing lamps is retained
through the end of the calendar year in which 5,000 kilograms or
more total of waste mercury-containing lamps is accumulated.
Ce) Waste mercury-containing lamp means any type of high or low
pressure lighting device that is unprocessed, contains mercury and
generates light through the discharge of electricity either
directly or indirectly through a fluorescing coating. The term
waste mercury-containing lamp includes fluorescent lamps, mercury
lamps, metal halide lamps and high pressure sodium lamps.
(f) On-site means the same or geographically contiguous property
which may be divided by public or private right-of-way, provided
that the entrance and exit between the properties is at a
crossroads intersection, and access is by crossing as opposed to
going along the right of way. Noncontiguous properties owned by the
same person but connected by a right-of-way, which he controls and
to which the public does not have access, are also considered on-
site property.
(g) Small quantity Handler of waste mercury-containing lamps
means a waste mercury-containing lamp handler (as defined in this
section) who does not accumulate more than 5,000 kilograms total of
waste mercury-containing lamps at any time.
(h) Waste mercury-containing lamps handler:
1. Means:
Ci) A generator (as defined in this section) of waste mercury-
containing lamps; or
(ii) The owner or operator of a facility, including all
contiguous property, that receives waste mercury-containing lamps
from other waste mercury-containing lamp handlers, accumulates
waste mercury—containing lamps, and sends waste mercury—containing
lamps to another waste mercury-containing lamp handler, or to a
destination facility.
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2. Does not mean:
(1) A person who treats, disposes of, or recycles waste mercury—
containing lamps; or
(ii) A person engaged in the offsite transportation of waste
mercury-containing iamps by air, rail, highway, or water, including
a waste mercury-containing lamp transfer facility.
(i) Waste Mercury-containing Lamp Transfer Facility means any
transportation-related facility including loading docks, parking
areas, storage areas and other similar areas where shipments of
waste mercury-containing lamps are held during the normal course of
transportation for ten days or less.
(j) Waste Mercury-containing Lamp Transporter means a person
engaged in the off-site transportation of waste mercury-containing
lamps by air, rail, highway, or water.
(4) Standards for Small Quantity Handlers of Waste Mercury-
Containing Lamps:
(a) Applicability: This subpart applies to small quantity
handlers of waste mercury-containing lamps [ as defined in 391-3-
ll—.19(3)].
(b) Prohibitions: A small quantity handler of waste mercury-
containing lamps is:
1. Prohibited from disposing of waste mercury-containing lamps;
2. Prohibited from diluting or treating waste mercury-containing
lamps, except by responding to releases as provided in 391-3-11-
.19(4) (h); or by managing specific wastes as provided in 391-3-11-
.19(4) (d); and
3. Prohibited from accumulating over 12,000 waste mercury-
containing lamps anytime.
4. Prohibited from accumulating greater than 5,000 kilograms
total of universal waste (as defined at 40 CFR Part 273.6) and
waste mercury-containing lamps, calculated collectively, at any
time.
(c) Notification: A small quantity handler of waste mercury-
containing lamps is not required to notify the Director of waste
mercury-containing lamps handling activities.
(d) Waste management:
16
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1. Waste Mercury—containing lamps: A small quantity handler of
waste mercury-containing lamps must manage waste mercury-containing
lamps in a way that prevents releases of any waste mercury—
containing lamps or a component of a waste mercury-containing lamp
to the environment, as follows:
(1) A small quantity handler of waste mercury-containing lamps
must contain in a container any waste mercury—containing lamps that
show evidence of leakage, spillage, or damage that could cause
mercury to escape. The container must be closed, structurally
sound, compatible with the contents of the waste mercury-containing
lamps, and must lack evidence of leakage, spillage, or damage that
could cause leakage.
(ii) Unbroken waste mercury-containing lamps must be transported
in containers or in containers secured on pallets to prevent
leakage, spillage, or damage. The waste mercury-containing lamps
should not be secured with any filler, structure or adhesive
material inside the container unless required by the destination
facility.
(iii) Broken or unbroken waste mercury-containing lamps which are
packaged appropriately shall be placed in the facility or a vehicle
that is closed, structurally sound, compatible with the waste
mercury-containing lamp and that lacks evidence of leakage,
spillage, or damage that could cause leakage.
(e) Labeling/marking:
1. A small quantity handler of waste mercury-containing lamps
must label or mark the waste mercury-containing lamps to identify
the type of waste mercury-containing lamps as specified below:
(i) A container containing waste mercury-containing lamps must be
labeled or marked clearly with any one of the following phrases:
‘Waste Mercury-Containing Lamps”, or ‘Used Mercury-Containing
Lamps”.
(f) Accumulation time limits:
1. A small quantity handler of waste mercury-containing lamps may
accumulate waste mercury—containing lamps for no longer than one
year from the date the waste mercury-containing lamps are
generated, or received from another handler, unless the
requirements of paragraph (2) of this section are met.
2. A small quantity handler of waste mercury-containing lamps may
accumulate waste mercury-containing lamps for longer than one year
from the date the waste mercury-containing lamps are generated, or
17
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received from another handler, if such activity is solely for the
purpose of accumulation of such quantities of waste mercury-
containing lamps as necessary to facilitate proper recovery,
treatment, or disposal. However, the handler bears the burden of
proving that such activity is solely for the purpose of
accumulation of such quantities of waste mercury-containing lamps
as necessary to facilitate proper recovery, treatment, or disposal.
3. A small quantity handler of waste mercury-containing lamps who
accumulates waste mercury-containing lamps must be able to
demonstrate the length of time that the waste mercury-containing
lamps have been accumulated from the date they become a waste or
are received. The handler may make this demonstration by:
Ci) Placing the waste mercury-containing lamps in a container and
marking or labeling the container with the earliest date that any
waste mercury-containing lamps in the container became a waste or
were received;
(ii) Maintaining an inventory system on-site that identifies the
earliest date that any waste mercury-containing lamps in a group of
waste mercury-containing lamp items or a group of waste containers
of waste mercury-containing lamps became a waste or were received;
(iii) Placing the waste mercury-containing lamps in a specific
accumulation area and identifying the earliest date that any waste
mercury-containing lamps in the area became a waste or was
received; or
(iv) Any other method which clearly demonstrates the length of
time that the waste mercury-containing lamps have been accumulated
from the date they became a waste or were received.
(g) Employee training: A small quantity handler of waste
mercury-containing lamps must inform all employees who handle or
have responsibility for managing waste mercury-containing lamps.
The information must describe proper handling and emergency
procedures appropriate to containing a spill or release of waste
mercury-containing lamps handled at the facility.
(h) Response to releases:
1. A small quantity handler of waste mercury-containing lamps
must immediately contain all releases of waste mercury-containing
lamps and other residues.
2. A small quantity handler of waste mercury-containing lamps
must determine whether any material resulting from the release is
hazardous waste, and if so, must manage the hazardous waste in
18
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compliance with all applicable requirements of 40 CFR Parts 260
through 272. The handler is considered the generator of the
material resulting from the release, and must manage it in
compliance with 40 CFR Part 262.
Ci) Off—site shipments:
1. A small quantity handler of waste mercury-containing lamps is
prohibited from sending or taking waste mercury-containing lamps to
a place other than another waste mercury—containing lamps handler,
or a destination facility.
2. If a small quantity handler of waste mercury-containing lamps
self-transports waste mercury-containing lamps off-site, the
handler becomes a waste mercury-containing lamps transporter for
those self-transportation activities and must comply with the
transporter requirements of 391—3—l1—.19(6) while transporting the
waste mercury-containing lamps.
3. If waste mercury-containing lamps being offered for off-site
transportation meet the definition of hazardous materials under 49
CFR Parts 171 through 180, a small quantity handler of waste
mercury-containing lamps must package, label, mark and placard the
shipment, and prepare the proper shipping papers in accordance with
the applicable Department of Transportation regulations under 49
CFR Parts 172 through 180;
4. Prior to sending a shipment of waste mercury-containing lamps
to another waste mercury-containing lamps handler, the originating
handler must ensure that the receiving handler agrees to receive
the shipment.
5. If a small quantity handler of waste mercury-containing lamps
sends a shipment of waste mercury-containing lamps to another
handler or to a destination facility and the shipment is rejected
by the receiving handler or destination facility, the originating
handler must either:
Ci) Receive the waste back when notified that the shipment has
been rejected, or
(ii) Agree with the receiving handler on a destination facility
to which the shipment will be sent.
6. A small quantity handler of waste mercury-containing lamps may
reject a shipment containing waste mercury-containing lamps, or a
portion of a shipment containing waste mercury-containing lamps
that he has received from another handler. If a handler rejects a
shipment or a portion of a shipment, he must contact the
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originating handler to notify him of the relection and to discuss
reshipment of the load. The handler must:
(i) Send the shipment back to the originating handler, or
(ii) If agreed to by both the originating and receiving handler,
send the shipment to a destination facility.
7. If a small quantity handler of waste mercury-containing lamps
receives a shipment containing hazardous waste that is not a waste
mercury-containing lamp, the handler must immediately notify the
Director of the illegal shipment, and provide the name, address,
and phone number of the originating shipper. The Director shall
provide instructions for managing the hazardous waste.
8. If a small quantity handler of waste mercury-containing lamps
receives a shipment of non-hazardous, non-mercury-containing lamps,
the handler may manage the waste in any way that is in compliance
with applicable federal, state or local solid waste regulations.
(j) Tracking waste mercury-containing lamp shipments: A small
quantity handler of waste mercury-containing lamps is not required
to keep records of shipments of waste mercury-containing lamps.
(k) Exports to a foreign destination: The requirements of 391—3-
11-. 19 do not apply to exports of waste mercury-containing lamps.
(5) Standards for Large Quantity Handlers of Waste Mercury-
Containing Lamps:
(a) Applicability: This subpart applies to large quantity
handlers of waste mercury-containing lamps.
(b) Prohibitions: A large quantity handler of waste mercury-
containing lamps is:
1. Prohibited from disposing of waste mercury—containing lamps;
2. Prohibited from diluting or treating waste mercury—containing
lamps except by responding to releases as provided in 391-3-11-
.19(5) (h); or by managing specific wastes as provided in 391-3-11-
.19(5) (d); and
3. Prohibited from accumulating over 12,000 waste mercury-
containing lamps anytime from other handlers without having a:
Ci) closure plan:
(ii) trust fund equivalent to the cost to treat/dispose of such
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material properly;
(iii) a contract (including pricing) with an approved destination
facility; and
(iv) insurance reflecting DOT regulations to transport hazardous
materials.
(c) Notification:
1. A large quantity handler of waste mercury-containing lamps
must have sent written notification of waste mercury-containing
lamps management to the Director, and received an EPA
Identification Number, before meeting or exceeding the 5,000
kilogram storage limit. A large quantity handler of waste mercury-
containing lamps who has already notified the Director of his
hazardous waste management activities and has received an EPA
Identification Number is not required to renotify under this
section.
2. This notification must include:
(1) The waste mercury-containing lamps handler’s name and mailing
address;
(ii) The name and business telephone number of the person at the
waste mercury-containing lamp handler’s site who should be
contacted regarding waste mercury-containing lamps management
activities;
(iii) The address or physical location of the waste mercury-
containing lamps management activities;
(iv) A list of all of the types of waste mercury-containing lamps
managed by the handler; and
(v) A statement indicating that the handler is accumulating more
than 5,000 kilograms of waste mercury-containing lamps at one time
and the types of waste mercury-containing lamps the handler is
accumulating above this quantity.
(d) Waste Management:
1. Waste mercury-containing lamps: A large quantity handler of
waste mercury-containing lamps must manage waste mercury-containing
lamps in a way that prevents releases of any waste mercury—
containing lamps or any component of waste mercury-containing
lamps to the environment, as follows:
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(1) A large quantity handler of waste mercury-containing lamps
must contain in a container any waste mercury—containing lamps that
show evidence of leakage, spillage, or damage that could cause
mercury to escape. The container must be closed, structurally
sound, compatible with the contents of the waste mercury-containing
lamps, and must lack evidence of leakage, spillage, or damage that
could cause leakage.
(ii) Unbroken waste mercury-containing lamps must be transported
in containers or in containers secured on pallets to prevent
leakage, spillage, or damage. The waste mercury-containing lamps
should not be secured with any filler, structure or adhesive
material inside the container unless required by destination
facility.
(iii) Broken or unbroken waste mercury—containing lamps which are
packaged appropriately shall be placed in the facility or a vehicle
that is closed, structurally sound, compatible with the waste
mercury-containing lamp and that lacks evidence of leakage,
spillage, or damage that could cause leakage.
(e) Labeling/marking:
1. A large quantity handler of waste mercury-containing lamps
must label or mark the waste mercury-containing lamps as specified
below:
(i) A container containing waste mercury-containing lamps must be
labeled or marked clearly with any one of the following phrases:
“Waste Mercury—Containing Lamps” or “Used Mercury-Containing
Lamps”.
(f) Accumulation time limits:
1. A large quantity handler of waste mercury-containing lamps may
accumulate waste mercury-containing lamps for no longer than one
year from the date the waste mercury-containing lamps are
generated, or received from another handler, unless the
requirements of paragraph 2. of this section are met.
2. A large quantity handler of waste mercury-containing lamps may
accumulate waste mercury—containing lamps for longer than one year
from the date the waste mercury—containing lamps are generated, or
received from another handler, if such activity is solely for the
purpose of accumulation of such quantities of waste mercury-
containing lamps as necessary to facilitate proper recovery,
treatment, or disposal. However, the handler bears the burden of
proving that such activity was solely for the purpose of
accumulation of such quantities of waste mercury-containing lamps
22
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as necessary to facilitate proper recovery, treatment, or disposal.
3. A large quantity handler of waste mercury-containing lamps
must be able to demonstrate the length of time that the waste
mercury-containing lamps have been accumulated from the date they
become a waste or are received. The handler may make this
demonstration by:
(i) Placing the waste mercury-containing lamps in a container and
marking or labeling the container with the earliest date that any
waste mercury-containing lamps in the container became a waste or
were received;
(ii) Maintaining an inventory system on—site that identifies the
date the waste mercury-containing lamps being accumulated became
waste or were received;
(iii) Maintaining an inventory system on-site that identifies the
earliest date that any waste mercury-containing lamps in a group of
waste mercury-containing lamps or a group of containers of waste
mercury-containing lamps became waste or were received;
(iv) Placing the waste mercury-containing lamps in a specific
accumulation area and identifying the earliest date that any waste
mercury-containing lamps in the area became waste or were received;
or
(v) Any other method which clearly demonstrates the length of
time that the waste mercury-containing lamps have been accumulated
from the date they become waste or are received.
(g) Employee training: A large quantity handler of waste
mercury-containing lamps must ensure that all employees are
thoroughly familiar with proper waste handling and emergency
procedures including containing a spill or release, relative to
their responsibilities during normal facility operations and
emergencies.
(h) Response to releases:
1. A large quantity handler of waste mercury-containing lamps
must immediately contain all releases of waste mercury-containing
lamps and other residues from waste mercury-containing lamps.
2. A large quantity handler of waste mercury-containing lamps
must determine whether any material resulting from the release is
hazardous waste, and if so, must manage the hazardous waste in
compliance with all applicable requirements of 40 CFR Parts 260
through 272. The handler is considered the generator of the
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material resulting from the release, and is subject to 40 CFR Part
262.
Ci) Off—site shipments:
1. A large quantity handler of waste mercury-containing lamps is
prohibited from sending or taking waste mercury-containing lamps to
a place other than another waste mercury-containing lamps handler,
or a destination facility.
2. If a large quantity handler of waste mercury-containing lamps
self-transports waste mercury-containing lamps off-site, the
handler becomes a waste mercury-containing lamps transporter for
those self-transportation activities and must comply with the
transporter requirements of 391—3-11-.19(6) while transporting the
waste mercury-containing lamps.
3. If waste mercury-containing lamps being offered for off-site
transportation meets the definition of hazardous materials under 49
CFR Parts 171 through 180, a large quantity handler of waste
mercury-containing lamps must package, label, mark and placard the
shipment, and prepare the proper shipping papers in accordance with
the applicable Department of Transportation regulations under 49
CFR Parts 172 through 180;
4. Prior to sending a shipment of waste mercury-containing lamps
to another waste mercury-containing lamps handler, the originating
handler must ensure that the receiving handler agrees to receive
the shipment.
5. If a large quantity handler of waste mercury-containing lamps
sends a shipment of waste mercury-containing lamps to another
handler or to a destination facility and the shipment is rejected
by the receiving handler or destination facility, the originating
handler must either:
Ci) Receive the waste back when notified that the shipment has
been rejected, or
(ii) Agree with the receiving handler on a destination facility
to which the shipment will be sent.
6. A large quantity handler of waste mercury-containing lamps may
reject a shipment containing waste mercury-containing lamps, or a
portion of a shipment containing waste mercury-containing lamps
that he has received from another handler. If a handler rejects a
shipment or a portion of a shipment, he must contact the
originating handler to notify him of the rejection and to discuss
reshipment of the load. The handler must:
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(i) Send the shipment back to the originating handler, or
(ii) If agreed to by both the originating and receiving handler,
send the shipment to a destination facility.
7. If a large quantity handler of waste mercury-containing lamps
receives a shipment containing hazardous waste that is not waste
mercury-containing lamps, the handler must immediately notify the
Director of the illegal shipment, and provide the name, address,
and phone number of the originating shipper. The Director will
provide instructions for managing the hazardous waste.
8. If a large quantity handler of waste mercury-containing lamps
receives a shipment of non-hazardous, non-mercury-containing lamps,
the handler may manage the waste in any way that is in compliance
with applicable federal, state or local solid waste regulations.
(j) Tracking waste mercury-containing lamps shipments:
1. Receipt of shipments. A large quantity handler of waste
mercury-containing lamps must keep a record of each shipment of
waste mercury-containing lamps received at the facility. The record
may take the form of a log, invoice, manifest, bill of lading, or
other shipping document. The record for each shipment of waste
mercury—containing lamps received must include the following
information:
(i) The name and address of the originating waste mercury-
containing lamps handler from whom the waste mercury-containing
lamps were sent;
(ii) The quantity of each type of waste mercury-containing lamp
received;
(iii) The date of receipt of the shipment of waste mercury-
containing lamps.
2. Shipments off-site. A large quantity handler of waste mercury-
containing lamps must keep a record of each shipment of waste
mercury-containing lamps sent from the handler to other facilities.
The record may take the form of a log, invoice, manifest, bill of
lading or other shipping document. The record for each shipment of
waste mercury-containing lamps sent must include the following
information:
(i) The name and address of the waste mercury-containing lamps
handler, destination facility, or foreign destination to whom the
waste mercury—containing lamps was sent;
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(ii) The quantity of each type of waste mercury-containing lamp
sent; and
(iii) The date the shipment of waste mercury-containing lamps
left the facility.
3. Record retention:
Ci) A large quantity handler of waste mercury-containing lamps
must retain the records described in paragraph (i) of this section
for at least three years from the date of receipt of a shipment of
waste mercury-containing lamps.
(ii) A large quantity handler of waste mercury-containing lamps
must retain the records described in paragraph 2. of this section
for at least three years from the date a shipment of waste mercury-
containing lamps left the facility.
(k) Exports to a foreign destination. Exporters of waste
mercury-containing lamps are subject to 40 CFR Part 262.
(6) Standards for Waste Mercury-containing Lamps Transporters:
(a) Applicability: This subpart applies to waste mercury-
containing lamps transporters (as defined in Chapter 391—3—11-
.19(3)
(b) Prohibitions:
1. A waste mercury-containing lamps transporter is:
(i) Prohibited from disposing of waste mercury-containing lamps;
(ii) Prohibited from diluting or treating waste mercury-
containing lamps, except by responding to releases as provided in
Chapter 391—3—11—.19(6) Ce); and
(iii) Prohibited from intentionally breaking waste mercury-
containing lamps it is transporting; and
(iv) Prohibited from transporting waste mercury-containing lamps
unless the transporter has notified the Director, in writing, of
its intent no later than March 1 of each calendar year.
Cc) Waste management:
1. A waste mercury-containing lamps transporter must comply with
all applicable U.S. Department of Transportation regulations in 49
CFR Part 171 through 180 for transport of any waste mercury-
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containing lamps that meets the definition of hazardous material in
49 CFR 171.8. For purposes of the Department of Transportation
regulations, a material is considered a hazardous waste if it is
subject to the Hazardous Waste Manifest Requirements of the U.S.
Environmental Protection Agency specified in 40 CFR Part 262.
Because waste mercury—containing lamps do not require a hazardous
waste manifest, it is not considered hazardous waste under the
Department of Transportation regulations.
2. Some waste mercury-containing lamp materials are regulated by
the Department of Transportation as hazardous materials because
they meet the criteria for one or more hazard classes specified in
49 CFR 173.2. As waste mercury-containing lamps shipments do not
require a manifest under 40 CFR Part 262, they may not be described
by the DOT proper shipping name ‘‘hazardous waste, (1) or (s),
n.o.s.’’, nor may the hazardous material’s proper shipping name be
modified by adding the word ‘‘waste’’.
(d) Storage time limits:
1. A waste mercury-containing lamps transporter may only store
the waste mercury-containing lamps at a waste mercury-containing
lamps transfer facility for ten days or less.
2. If a waste mercury—containing lamps transporter stores waste
mercury-containing lamps for more than ten days, the transporter
becomes a waste mercury-containing lamps handler and must comply
with the applicable requirements of 391-3-11-.19(4) or (5) while
storing the waste mercury-containing lamps.
(e) Response to releases:
1. A waste mercury-containing lamps transporter must immediately
contain all releases of waste mercury-containing lamps and other
residues from waste mercury-containing lamps.
2. A waste mercury-containing lamps transporter must determine
whether any material resulting from the release is hazardous waste,
and if so, it is subject to all applicable requirements of 40 CFR
Parts 260 through 272. If the waste is determined to be a hazardous
waste, the transporter is subject to 40 CFR Part 262.
(f) Off—site shipments:
1. A waste mercury-containing lamps transporter is prohibited
from transporting the waste mercury-containing lamps to a place
other than a waste mercury-containing lamps handler or a
destination facility.
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2. If the waste mercury-containing lamps being shipped off-site
meets the Department of Transportation’s definition of hazardous
materials under 49 CFR 171.8, the shipment must be properly
described on a shipping paper in accordance with the applicable
Department of Transportation regulations under 49 CFR Part 172.
(g) Exports to a foreign destination: Exporters of waste
mercury-containing lamps are subject to the requirements of 40 CFR
Part 262.
(h) Additional Requirements:
1. A waste mercury-containing lamps transporter:
(i) shall only use trucks that are totally enclosed and in good
condition for the transport of waste mercury-containing lamps; or
(ii) may use another mode of transportation that complies with
the United States Department of Transportation’s regulations and
provides the same level of containment as a totally enclosed truck;
and
(iii) may store properly packaged waste mercury-containing lamps
within totally enclosed trucks, which are used in the actual
transportation of such waste mercury-containing lamps from a
generator location to a facility, as long as the maximum amount of
time from receipt of these waste mercury-containing lamps from the
first generator to the delivery of these waste mercury-containing
lamps to a facility specified in paragraph 2. below does not exceed
10 days; and
(iv) shall train all its drivers in the proper handling and
emergency cleanup and containment procedures applicable to the
transport of waste mercury-containing lamps. The vehicles used to
transport the waste mercury-containing lamps shall, when not in
use, be parked at its business location for inspection upon request
by the Director or his authorized representative.
2. For individual shipments in excess of 1,000 bulbs or more per
generator, handler or storage facility location, a waste mercury-
containing lamps transporter shall issue and keep copies of the
shipping papers or electronic documents that shall accompany each
shipment of waste mercury-containing lamps. Copies will be kept
for a period of three years from the shipment dates at its business
location, and will be made available for inspection upon request by
the Director or his authorized representative. Copies of the
shipping papers or the shipment tracking number shall be provided
to the generator, handler, or storage facility initiating the
shipment. The shipping paper or electronic document shall contain
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at a minimum the following information:
(i) The generator, handler or storage facility’s name and
address:
(ii) A shipping description which indicates the type of waste
mercury-containing lamps and the amount being shipped;
(iii) The date of shipment and shipment tracking number in the
case of an electronic document:
(iv) The transporter’s name:
(v) The receiving facility’s permit number; and
(vi) A place for the receiving facility representative’s
signature and date of receipt to be placed.
(7) Standards for Destination Facilities:
(a) Applicability:
1. The owner or operator of a destination facility (as defined in
Chapter 391—3-l1—.19(3) is subject to all applicable requirements
of 40 CFR Parts 262, 264, 265, 266, 268, 270, and 124 of these
rules.
2. The owner or operator of a destination facility that recycles
waste mercury-containing lamps without storing the waste mercury-
containing lamps before they are recycled must comply with 40 CFR
261.6(c) (2)
(b) Off—site shipments:
1. The owner or operator of a destination facility is prohibited
from sending or taking waste mercury-containing lamps to a place
other than a waste mercury-containing lamps handler, or another
destination facility.
2. The owner or operator of a destination facility may reject a
shipment containing waste mercury-containing lamps, or a portion of
a shipment containing waste mercury-containing lamps. If the owner
or operator of the destination facility rejects a shipment or a
portion of a shipment, he must contact the shipper to notify him of
the rejection and to discuss reshipment of the load. The owner or
operator of the destination facility must:
Ci) Send the shipment back to the original shipper, or
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(ii) If agreed to by both the shipper and the owner or operator
of the destination facility, send the shipment to another
destination facility.
3. If the owner or operator of a destination facility receives a
shipment containing hazardous waste that is not waste mercury-
containing lamps, the owner or operator of the destination facility
must immediately notify the Director of the illegal shipment, and
provide the name, address, and phone number of the shipper. The
Director will provide instructions for managing the hazardous
waste.
4. If the owner or operator of a destination facility receives a
shipment of non-hazardous, non-mercury-containing lamps, the owner
or operator may manage the waste in any way that is in compliance
with applicable federal or state solid waste regulations.
(c) Tracking waste mercury-containing lamps shipments:
1. The owner or operator of a destination facility must keep a
record of each shipment of waste mercury—containing lamps received
at the facility. The record may take the form of a log, invoice,
manifest, bill of lading, or other shipping document. The record
for each shipment of waste mercury-containing lamps received must
include the following information:
(i) The name and address of the waste mercury-containing lamps
handler or destination facility;
(ii) The quantity of waste mercury-containing lamps received;
(iii) The date of receipt of the shipment of waste mercury-
containing lamps.
2. The owner or operator of a destination facility must retain
the records described in paragraph (a) of this section for at least
three years from the date of receipt of a shipment of waste
mercury-containing lamps.
(d) Waste Management:
1. A destination facility shall process waste mercury-containing
lamps on-site and convert them into recovered materials such as:
metal, glass, powder and liquid mercury through distillation or
retorting;
2. A destination facility shall reclaim a minimum of 95%, by
weight, of the mercury from waste mercury—containing lamps
introduced into its process within 90 days of processing such
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lamps;
3. A destination facility’s reclamation process shall generate
liquid mercury that is 99% or more in purity;
4. A destination facility shall have the capability to recover
mercury from high intensity discharge lamps on-site;
5. A destination facility shall have procedures and equipment to
manage a mercury spill;
6. Destination facilities shall routinely (i.e., a minimum of
twice a week) monitor internal air quality for mercury vapor;
7. Destination facilities’ lamp processing/reclamation equipment
shall be operated in a designated room with sealed concrete floors
and under negative pressure;
8. The destination facility’s processing area shall use air
pollution control technology to control mercury vapor and dust;
9. The destination facility shall have a written health and
safety plan in accordance with OSHA regulations;
10. A destination facility shall establish and conduct medical
surveillance for operations employees;
11. A destination facility shall establish a respiratory
protection plan if respirators are used by operations employees;
12. A destination facility shall develop a written contingency
plan;
13. The destination facility shall demonstrate that it can
recover a minimum of 95%, by weight, of the mercury from waste
mercury-containing lamps and devices that are recycled during a
calendar year;
14. The destination facility shall test and determine whether
processed materials, except for liquid mercury that is a minimum of
99% or more in purity, are a solid waste and/or hazardous waste.
(i) Processed materials (e.g., glass, metal, powder) that are in
excess of 0.2 mgIL TCLP level for mercury shall either be retested,
reprocessed or delivered to another destination facility for
further treatment or to a treatment, storage or disposal facility.
(ii) The processed material’s mercury content shall be
demonstrated through sampling and analytical testing of these
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materials for total mercury as follows:
(I) Facility operators shall take daily physical samples of the
waste mercury-containing materials at the point at which they exit
the processing equipment.
(II) At the beginning of each bi-weekly interval, the prior bi-
weekly’s daily samples shall be consolidated into a bi-weekly
sample which shall be submitted for chemical analysis of total
mercury content using an approved EPA methodology. The result of
this analysis shall be considered the “bi—weekly composite sample
of process operations”. A TCLP for mercury shall be run on each of
the bi-weekly composites if the total mercury value warrants it.
15. Destination facilities shall not store quantities of
unprocessed materials that exceed the storage limits specified in
its operating permit.
16. (i) All owners and operators of destination facilities shall;
(I) Have established markets for the utilization of reclaimed
materials and be able to identify these markets to the Director
within 12-months of operation;
(II) Only introduce into the processing equipment waste mercury-
containing lamps for which the equipment was specifically designed
to process, and operate and maintain processing equipment
consistent with the equipment manufacturer’s specifications;
(III) Inspect their facilities for malfunctions and
deterioration, and discharges which may cause, or lead to a release
of hazardous materials into the environment or which might lead to
a threat to human health or the environment.
(IV) Develop and submit to the Director written schedules for
inspecting processing equipment, safety and monitoring equipment,
emission control equipment and emergency response equipment;
(V) Submit to the Director and implement a written quality
control plan; and
(VI) Keep records of inspections (logs) which shall include date
and time of inspections, name of the inspector, a notation of
observations made, and the date and nature of any repairs made or
other remedial actions taken. The logs or records must be kept for
a minimum of three years from the date of inspection.
(ii) Owners and operators shall install, operate, monitor and
maintain air pollution control equipment as to reduce dust and
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mercury emission from the processing equipment, processing
operations and in the processing area.
(iii) Owners and operators shall store unprocessed materials
indoors in closed containers to prevent breakage of waste mercury-
containing lamps prior to further processing or use other means to
prevent mercury emissions.
(iv) Processed materials shall be stored indoors in covered
containers.
(v) Owners and operators shall cease operations and notify the
Director when not in compliance with provisions of this Section.
(vi) Owners and operators shall notify the Director of
modifications or alterations to the operations or equipment which
do not conform to the approved permit.
(vii) Owners and operators shall keep and maintain copies of
shipping documents, including shipping papers and logs detailing
shipments received from exempt transporters, hazardous waste
manifests and any documents disclosing shipping discrepancies.
Such records shall be kept at the facility location for a period of
three years from the dates of receipt or shipment and shall be made
available to the Director upon request, and shall include the
following information:
(I) The dates, amounts, and generators of materials received for
processing;
(II) The dates, amounts and locations of materials shipped off-
site for further processing or disposal; and
(III) Any other information that indicates the ultimate
disposition of the processed materials.
(viii) Owners and operators shall submit annual reports to the
Director due March 1 of each year for activities performed in the
previous calendar year, that shall include the following
information:
(I) Total types and amounts of waste mercury-containing lamps
received by the facility for processing;
(II) Amounts, by destination, of materials shipped off-site for
further processing, recycling, treatment, storage or disposal; and
(III) Total amounts and descriptions of any unprocessed and
processed materials stored at the facility at the beginning and the
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end of the reporting period;
(ix) Within two weeks of any emergency, the operator of the
facility shall submit to the Director a written report on the
emergency, that shall include a description of the origin or cause
of the emergency, the actions taken to deal with the emergency, the
results of those actions taken, and an analysis of the success or
failure of the actions.
(x) Facilities shall ensure that recyclable materials that are
generated from its operation are of commercial grade and are
suitable for their intended end use. Facilities shall notify in
writing receiving sources of the processed materials, except for
commodity grade mercury, of the potential or actual content of any
mercury present in these materials.
(e) Labeling Storage Areas for waste mercury-containing lamps: A
destination facility for waste mercury-containing lamps must
clearly and visibly label the storage area with the words “waste
mercury-containing lamps”.
(f) Accumulation time limits for waste mercury-containing lamps:
A destination facility may accumulate waste mercury—containing
lamps for no longer than 180 days from the date the waste mercury-
containing lamps are generated on-site, or received from another
handler or storage facility.
(g) Employee training for waste mercury-containing lamps:
1. All destination facility personnel must receive classroom and
on-the-job training that teaches them to perform their duties
safely and to ensure compliance with RCRA and OSHA requirements.
Training should include topics such as, but not limited to: OSHA
training; employee right—to-know; general safety; forklift;
personal protective equipment, lockout/tagout; emergency
procedures; DOT training and hazardous waste management.
Facilities shall maintain written records of the successful
training and the type and nature of the training provided for each
employee, for a period of three years from the date an employee
last worked at the facility.
2. Certifying that employees handling waste mercury-containing
lamps are trained in the proper handling and emergency cleanup and
containment procedures applicable to the storage of waste mercury—
containing lamps and that these emergency procedures will be kept
at its business location for inspection upon request by the
Director or his authorized representative.
(h) Insurance and financial assurance for waste mercury-
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containing lamps:
1. A closure plan meeting the requirements of 40 CFR Part 264
Subpart G, shall be developed by the destination facility;
2. A trust fund shall be in place within 6-months from beginning
operations with sufficient funds to cover the cost of closure
developed in 1. above;
3. The destination facility shall carry at least $1,000,000 of
general liability and $1,000,000 of pollution liability insurance
from a vendor rated A or better by A.M. Best Company, Inc.
Ci) Tracking waste mercury-containing lamps by destination
facility.
1. A destination facility must keep (at least three years) and
maintain copies of all shipping documents;
2. Shipping papers/computer records must be maintained for every
generator and transporter hauling items to a destination facility;
3. Shipping papers/computer records shall include: delivery date;
customer’s name, address, telephone number and contact; and
quantity of waste mercury-containing lamps received;
4. The destination facility will track annually the total type
and amount of waste mercury-containing lamps received;
5. The destination facility will also track annually the quantity
and type of recovered materials shipped off-site for processing,
recycling or disposal.
(j) Prohibitions regarding waste mercury-containing lamps.
Destination facilities are prohibited from:
1. Diluting waste mercury-containing lamps and disposing in a
landfill or an incinerator;
2. Locating in a 100-year flood plain;
3. Storing quantities of waste mercury-containing lamps that
exceed the accumulation time specified under 391-3—11—.19(7) (f);
and
4. Using a mobile system to treat waste mercury-containing lamps
unless it receives written approval from the Director.
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Authority O.C.G.A. § 12-8-60, et seq. (1996 and Supp. 1998)
36
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4
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llET 7
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RCRA PARALLEL CITATIONS FOR KENTUCKY
TOPIC
CFR
401 Ky. Admin. Regs.
31:xxx (l9xx)
Hazardous Waste
Management System
260.1 and 260.2
260 10 (definitions)
401 Ky. Admin. Regs. 3 1:010
Sec. I
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261.1
401 Ky. Admin. Regs. 3 1:010
Sec. I
“solid waste” definition
261.2
401 Ky. Admin. Regs. 3 1:010
Sec. 2
“hazardous waste” definition
261.3
401 Ky. Admin. Regs. 31:010
Sec. 3
“solid waste” exclusions
261.4
401 Ky. Admin. Regs. 3 1:010
Sec. 4
requirements for CESQG
261.5
401 Ky. Admin. Regs 3 1.010
Sec. 5
criteria for identifying
characteristics of hazardous
waste
261.10
401 Ky. Admin. Regs 31:020
Sec. 1
criteria for listing hazardous
waste
261.11
401 Ky. Admin. Regs. 31:020
Sec. 2
characteristics of hazardous
waste
261.20-261.24
401 Ky. Admin. Regs. 31:030
Sec. 1- general
Sec. 2- ignitablitity
Sec. 3- corrosivity
Sec. 4- reactivity
Sec. 5- toxicity
lists of hazardous wastes
261.30-261.32
401 Ky. Admin. Regs. 3 1:040
Sec. 1- general
Sec. 2- nonspecific
Sec. 3- specific
Kentucky; Final Authorization of State Hazardous Waste Management Program
• 50 FR 2550 (1/17/85)
• effective date 1/31/85
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50 FR 2550-01 Page 6
1985 WL 81859 (F.R.)
(Cite as: 50 FR 2550)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
LSW-4-FRL-2757-81
Kentucky; Decision on Final Authorization of State Hazardous Waste Management
Program
Thursday, January 17, 1985
*2550 AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination on Kentucky’s Application for final authorization.
SUMMARY: Kentucky has applied for Final Authorization under the Resource Conservation and Recovery Act
(RCRA). EPA has reviewed Kentucky’s application and has reached a final determination that Kentucky’s Hazardous
Waste Program satisfies all of the requirements necessary for Final Authorization. Thus, EPA is granting Final
Authorization to the State to operate its program.
EFFECTIVE DATE: Final Authorization for Kentucky, for purposes of judicial review, shall be effective at 1:00
p.m. Eastern time on January 31, 1985.
FOR FURTHER INFORMATION CONTACT:AlIan E. Antley, (404) 881-4727, Chief, Waste Planning Section,
Residuals Management Branch, Waste Management Division, U.S. Environmental Protection Agency, 345 Courtland
Street, NE., Atlanta, Georgia 30365.
SUPPLEMENTARY INFORMATION: Section 3006 of the Resource Conservation and Recovery Act (RCRA)
allows the Environmental Protection Agency (EPA) to authorize state hazardous waste management programs to
operate in the state in lieu of the Federal program. To qualify for Final Authorization, a state’s program must (1) be
“equivalent” to the Federal program, (2) be consistent with the Federal program and other state programs, and (3)
provide for adequate enforcement (Section 3006 (b) of RCRA, 42 U.S.C. 622(b)).
On July 20, 1984, Kentucky submitted a complete application to obtain Final Authorization to administer a RCRA
program. On October 24, 1984, EPA published a tentative decision announcing its intent to grant Kentucky Final
Authorization. Further background on the tentative decision appears at 49 FR 42759, October 24, 1984.
Along with the tentative determination, EPA announced the availability of the State’s application for public review
and comment and the date of a public hearing on the application. The public hearing was not held as scheduled on
November 27, 1984, since neither EPA nor the Kentucky Department of Environmental Protection (DEP) received
significant interest in holding the hearing.
To date, all RCRA hazardous waste management permits in Kentucky have been issued by the State under the
authority granted to the State during interim authorization. Therefore, there will be no change in the status of *2551
permits or permitting authority on the effective date of this rule.
Kentucky is not authorized by the Federal government to operate the RCRA program on Indian lands and this
authority will remain with EPA.
Decision
Copr. C West 1999 No Claim to Orig. U.S. Govt. Works
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50 FR 2550-01 Page 7
(Cite as: 50 FR 2550, *2551)
It is my conclusion that Kentucky’s application for Final Authorization meets all of the regulatory and statutory
requirements established by RCRA.
Accordingly, Kentucky is granted fmal authorization to operate its hazardous waste management program. Subject
to the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-616, November 8, 1984), Kentucky now has
responsibility for permitting treatment, storage and disposal facilities within its borders and for carrying out all other
aspects of the RCRA program. Kentucky also has primary enforcement responsibility, although EPA retains the rigi:it
to conduct inspections under section 3007 of RCRA and to take enforcement actions under sections 3008, 3013 and
7003 of RCRA. Prior to the Hazardous and Solid Waste Amendments (HSWA) amending RCRA, a State with final
authorization administered its hazardous waste program entirely in lieu of the EPA. EPA’s regulations no longer
applied in the authorized State, and EPA could not issue permits for any facilities the State was authorized to permit.
Now, however, under section 3 0 06(g) of RCR.A, 42 U.S.C. 62 2 6(g), the new requirements and prohibitions imposed
by the HSWA take effect in authorized States at the same time as they take effect in non-authorized States. EPA is
directed to carry out those requirements and prohibitions in authorized States, including the issuance of full or partial
permits, until the State is granted authorization to do so.
As a result of the HSWA, there will be a dual StatelFederal regulatory program in Kentucky. To the extent the
authorized State program is unaffected by the HSWA, the State program will operate in lieu of the Federal program.
EPA will administer and enforce the prohibitions and requirements of the HSWA in Kentucky until Kentucky receives
authorization to do so. Among other things, this will entail the issuance of Federal RCRA permits for those areas in
which the State is not yet authorized. Once the State is authorized to implement a HSWA requirement or prohibition,
the State program in that area will operate in lieu of the Federal provision. Until that time the State will assist EPA’s
implementation of the HSWA under a Cooperative Agreement.
HSWA-related requirements and prohibitions that are more stringent than the State’s program apply in Kentucky.
Any State requirement that is more stringent than an HSWA provision also remains in effect; thus, the universe of
the more stringent provisions in the authorized State program and the HSWA define the applicable requirements in
Kentucky. (Kentucky is not being authorized now for any requirement implementing the HSWA.)
EPA will be publishing a Federal Register notice that explains in detail the HSWA and its effect on authorized
States. That notice should be referred to for further information.
Region IV and Kentucky are currently reviewing the Memorandum of Agreement (MOA) to revise it to address the
requirements of the HSWA. The current MOA provides that Kentucky shall administer the RCRA program in lieu of
EPA and that EPA shall not issue pennits in the State. Thus, it is inconsistent with the HSWA and will be revised to
reflect EPA’s and Kentucky’s respective responsibilities under the new Federal/State regulatory scheme. (Because of
the strict statutory time clock for processing final authorization applications, the State and EPA did not have ample
time to revise the MOA before EPA’s final approval of the State’s application.)
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this Final Authorization from the requirements of section 3 of
Executive Order 12291.
Certification under the Regulatory Flexibility Act: Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certil i
that this authorization will not have a significant economic impact on a substantial number of entities. This
authorization effectively suspends the applicability of certain Federal regulations in favor of Kentucky’s program,
thereby eliminating duplicative requirements for handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous materials, Indian lands, Reporting and recordkeeping requirements, Waste treatment and disposal,
Intergovernmental relations, Penalties, Confidential business information.
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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50 FR 2550-01 Page 8
(Cite as: 50 FR 2550, *2551)
Authority: This notice is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b), and EPA delegation 8-7.
Dated: December 21, 1984.
Charles R. Jeter,
Regional Administrator.
LFR Doc. 85-1350 Filed 1-16-85; 8:45 amJ
BILLING CODE 6560-50-M
50 FR 2550-01, 1985 WL 81859 (F.R.)
END OF DOCIJMENT
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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iedeial and Stale RegLulatlons Content’. Kentucky
http //www2 ihscns’ corn/pu oducts cgi/Iedstatc/ky/toc/ 13_000 10 htinI)& p I &i datc 199911
Federal and State Regulations Contents for
I LI IIUIIII IIENFL 4 November 1999
/Z JURI tD1C TIONS ‘ EARL.H U L TED DOCUMENTS
Federal and State Regulations
Kentucky
Title 401 Natural Resources and Environmental Protection Cabinet -- Department f
Chapter 3 I Identification and Listing of Hazardous Waste
Regulation 005 Definitions Related to 401 KAR Chapter 3 1
, Regulation 010 General Provisions for Hazardous Wastes
, Regulation 020 Criteria for Identifying the Characteristics of Hazardous
Regulation 030 Characteristics of Hazardous Waste
Regulation 040 Lists of Hazardous Wastes
Regulation 050 General Provisions for Special Wastes
Regulation 060 Rule-Making Petitions for Hazardous Waste
!l Regulation 070 Delisted Hazardous Waste Streams
Regulation 100 Appendix on Representative sampling Methods
Regulation 110 Appendix on Toxicity Characteristic Leaching Procedur
Regulation 120 Appendix on Chemical Analysis Test Methods
Regulation 160 Appendix on Basis for Listing Hazardous Waste
Regulation 170 Appendix on Hazardous Waste Constituents
Regulation 190 Appendix on Method of Analysis for Chlorinated Diben
Copyright © 1999 IHS Environmental Information, Inc.
All Rights Reserved.
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Federal and State Regulations, November
I It UIHIDIHENFL I ( ‘999
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Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Title 401, Chapter 31, Regulation 010, 401 KAR 31 010, 401 KAR 31 010
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 4
Section Title: 2 Definition of a Waste (integrated)
Subject Terms: waste, hazardous waste, definition
Source: Integrated Document
Section 2 Definition of a Waste
(1)(a) A waste includes any discarded material that is not excluded by Section 4(l) of this administrative
regulation or that is not excluded by a variance granted under Section 1 or 2 of 401 KAR 30 080 , or
Section 8 or 9 of this administrative regulation
(b) A discarded material includes any material which is
1 Abandoned, as explained in subsection (2) of this section, or
2 Recycled, as explained in subsection (3) of this section, or
3 Listed in subsection (4) of this section
(2) Materials are waste if they are abandoned by being
(a) Disposed of, or
(b) Burned or incinerated, or
(c) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being
disposed of, burned, or incinerated
(3) The following materials are wastes if they are recycled or accumulated, stored, or treated before
recycling as specified in paragraphs (a) to (d) of this subsection
(a) Used in a manner constituting disposal
I Materials noted with a “(waste)” in column (1) of Table I in paragraph (e) of this subsection are
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 an the land or are otherwise contained in
products that are applied to or placed on the land (in which case the product itself remains a waste)
2 However, commercial chemical products listed in Section 4 of 401 KAR 3 I 040 are not wastes if they
are applied to the land and that is their ordinary manner of use
(b) The following materials are burned for energy recovery
I Materials noted with a “(waste)” in column (2) of Table I in paragraph (e) of this subsection are
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)
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2 However, commercial chemical products listed in Section 4 of 401 KAR 31 040 are not wastes if they
are themselves fuels
(c) The following materials are reclaimed Materials noted with a “(waste)” in column (3) of Table I in
paragraph (e) of this subsection are wastes when reclaimed
(d) The following materials are accumulated speculatively Materials noted with a “(waste)” in column (4)
of Table I in paragraph (e) of this subsection are wastes when accumulated speculatively
(e) The following Table 1 identifies materials which are wastes when used in a manner constituting
disposal, burned for energy recovery, reclaimed, or accumulated speculatively Materials noted with the
word “(waste)” in Table I are considered to be wastes for the purposes of 401 KAR Chapters 32 to 40
and KRS Chapter 224 Materials noted with a dash “-“ in Table I are not considered to be a waste for the
purposes of 401 KAR Chapters 32 to 40 and KRS Chapter 224
ENFLEX Note The following table is wider than your screen Please scroll to the right to see the entire
table
TABLE 1
Use constituting Specula
disposal Energy recovery/ Reclamation accumul
401 KAR 31:010 fuel 401 KAR 31:010 401 KAR 31010 401 KAR
Section 2(3) (a) Section 2(3) (b) Section 2(3) Cc) Section
(1) (2) (3) (4
Spent materials (waste) (waste) (waste) ( Wa
Sludges (listed in
Sections 2 or 3 of
401 KAR 31:040 ) (waste) (waste) (waste) ( Wa
Sludges exhibiting a
characteristic of
hazardous waste (waste) (waste) (Wa
By-products (listed in
Sections 2 or 3 of 401
KAR 31:040 ) (waste) (waste) (waste) ( Wa
By-products exhibiting
a characteristic of
hazardous waste (waste) (waste) (Wa
Commercial chemical
products listed in
Section 4 of
401 KAR 31:040 (waste) (waste)
Scrap metal (waste) (waste) (waste) (wa
NOTE -- The terms “spent materials,” “sludges,” “by-products,” and “scrap metal” are defined in Section
I of4Ol KAR3I 005
(f) The following Table 2 is a decision tree for deciding which secondary materials are wastes when
recycled
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ENFLEX Note For a copy of TABLE 2, DECISION TREE FOR DECIDING WHICH SECONDARY
MATERIALS ARE WASTES WHEN RECYCLED, please call the ENFLEX Hotline at (800)544-3 118
(4) The following materials are wastes when they are recycled in any manner
(a) Hazardous Waste Numbers F020, F021 (unless used as an ingredient to make a product at the site of
generation), F022, F023, F026, and F028 (chlorinated dioxins, chlorinated dibenzofurans and chlonnated
phenols)
(b) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or
are listed as a hazardous waste as identified in 401 KAR. 31 030 and 31 040 , except for brominated
material that meets the following criteria
I The material shall contain a bromine concentration of at least forty-five (45) percent, and
2 The material shall contain less than a total of one (1) percent of toxic organic compounds listed in
KAR3I 120 , and
3 The material is processed continually on-site via direct conveyance (hard piping)
(c) The cabinet shall 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 Section 1 of 401 KAR 31 170 and these constituents
are not ordinarily found in raw materials or products for which the material substitute (or are found in
raw materials or products in smaller concentrations) and are not used or reused during the recycling
process, and
2 The material may pose a substantial hazard to human health and the environment when recycled
(5) Materials that are not wastes when recycled
(a) Materials are not 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
2 Used or reused as effective substitutes for commercial products, or
3 Returned to the original process from which they are generated, without first being reclaimed oi- land
disposed The material shall 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
(b) The following materials are wastes, even if the recycling involves use, reuse, or return to the original
process (described in paragraph (a)l to 3 of this subsection)
I Materials used in a manner constituting disposal, or used to produce products that are applied to the
land, or
2 Materials burned for energy recovery, used to produce a fuel, or contained in fuels, or
3 Materials accumulated speculatively, or
4 Materials listed in subsection (4)(a) and (b) of this section
(6) “Documentation of claims that materials are not wastes or are conditionally exempt from regulation”
Respondents in enforcement actions pursuant to 401 KAR Chapter 40 , who raise a claim that a certain
material is not waste, or is conditionally exempt from regulation, shall 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 shall 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 shall show that they have the necessary equipment to do so
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OATA A 5 JUI SDU TUJNB SLARCFI CONTENTS
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Title 401, Chapter 31, Regulation 010, 401 KAR 31 010, 401 KAR 31 010
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 7
Section Title: 3 Definition of a Hazardous Waste (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: integrated Document
“ --.. “ “
Section 3 Definition of a Hazardous Waste
(I) A waste, as identified in Section 2 of this administrative regulation is a hazardous waste if
(a) It is not excluded from administrative regulation as a hazardous waste under Section 4(2) of this
administrative regulation . and
(b) it meets any of the following criteria
1 It exhibits any of the characteristics of hazardous waste identified in 401 KAR 31 030 except that any
mixture of a waste from the extraction, beneficiation, and processing of ores and minerals, excluded
under Section 4 of this administrative regulation and any other waste exhibiting a characteristic of
hazardous waste under 401 KAR Chapter 3 I 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 nonexc luded wastes prior to mixture Further, for the purposes of
applying the toxicity characteristic leaching procedure to such mixtures, the mixture is also a hazardous
waste if it exceeds the maximum concentration for any contaminant listed in Table ito Section 5 of 401
KAR 3 I 030 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
2 It is listed in 401 KAR 3 1 040 and has not been excluded from the lists under 401 KAR 3 1 060 and
401 KAR31 070
3 It is a mixture of a solid waste and a hazardous waste that is listed in 401 KAR 3 1 040 solely because
it exhibits one (1) or more of the characteristics of hazardous waste identified in 401 KAR 31 030 , unless
the resultant mixture no longer exhibits any characteristic of hazardous waste identified in 401 KAR
31 030 or unless the solid waste is excluded from regulation under Section 4(2)(g) of this administrative
regulation and the resultant mixture no longer exhibits any characteristic of hazardous waste identified in
401 KAR 31 030 for which the hazardous waste listed in 401 KAR 31 040 was listed (However,
nonwastewater mixtures are still subject to the requirements of 401 KAR Chapter 37 even if they no
longer exhibit a characteristic at the point of land disposal )
4 It is a mixture of any waste and one (1) or more hazardous wastes listed in 401 KAR 31 040 and has
not been excluded from this paragraph under Sections I and 2 of 401 KAR 31 060 , however, the
following mixtures of wastes and hazardous wastes listed in 401 KAR 31 040 are not hazardous wastes
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3 DeIiiution ol a Hazardous Waste (integrated) hup //www2 ihsenv corn/pioducts cgi/iedst t9where(ft_cid%3d8 I 7 )&cr I &r_date 1999 ii
(except by application of subparagraph 1 or 2 of this paragraph) 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 CWA (including wastewater at facilities which have eliminated the discharge of
wastewater) and
a One (I) or more of the following spent solvents listed in Section 2 of 401 KAR 31 040 carbon
tetrachloride, tetrachloroethylene, or 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 one (1) part per million, or
b One (1) or more of the following spent solvents listed in Section 2 of 401 KAR 31 040 methylene
chloride, I, I, I -trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene,
toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, or 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 twenty-five
(25) parts per million, or
c One (1) of the following wastes listed in Section 3 of 401 KAR 31 040 , heat exchanger bundle cleaning
sludge from the petroleum refining industiy (EPA Hazardous Waste No K050), or
d A discarded commercial chemical product, or chemical intermediate listed in Section 4 of 401 KAR
3 1 040 , arising from minimal 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, minimal losses include those from normal material handling operations (for example, 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 401 KAR
3 1 040 , provided that the annualized average flow of laboratory wastewater does not exceed one (1)
percent of total wastewater flow into the headworks of the facility’s wastewater treatment or
pretreatment system, or provided the wastes’ combined annualized average concentration does not exceed
one (1) part per million in the headworks of the facility’s wastewater treatment or pretreatment facility
Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to
be included in this calculation
f One (1) of more of the following wastes listed in 40 I KAR 3 1 040 wastewaters from the productions
of carbamates and carbamoyl oximes (EPA Hazardous Waste No K 157), 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, that is, 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 five (5) parts per million by weight, or
g Wastewaters derived from the treatment of one or more of the following wastes listed in 401 KAR
3 I 040 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
KI 56), provided that the maximum concentration of formaldhyde, methyl chloride, methylene chloride,
and triethylamine prior to any dilutions in the headworks of the facility’s wastewater treatment system
does not exceed a total of five (5) milligrams per liter
5 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
401 KAR 31 040 Persons may rebut this presumption by demonstrating that the used oil does not
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contain hazardous waste (for example, by using an analytical method from SW-846, Third Edition,
incorporated in 40 CFR 260 II , which is adopted in Section 3 of 401 KAR 30010 , to show that the used
oil does not contain significant concentrations of halogenated hazardous constituents listed in 401 KAR
3 I 070 )
a The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins,
if they are processed, through a tolling agreement, to claim 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
(2) A waste which is not excluded from regulation under subsection (1)(a) of this section becomes a
hazardous waste when any one (1) of the following events occur
(a) In the case of a waste listed in 401 KAR 3 I 040 of this administrative regulation when the waste first
meets the listing description set forth in 401 KAR 3 I 040 ,
(b) In the case of a mixture of waste (including wastes subject to the Atomic Energy Act) and one (1) or
more hazardous wastes when a hazardous waste listed in 401 [ (AR 31 040 is first added to the waste, or
(c) In the case of any other waste (including a waste mixture or wastes subject to the Atomic Energy Act)
when the waste exhibits any of the characteristics identified in 401 KAR 31 030
(3) Unless and until it meets the criteria of subsection (4) of this section
(a) A hazardous waste shall remain a hazardous waste
(b)1 Except as otherwise provided in subparagraph 2 of this paragraph, any 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 wastes and that are used beneficially are not 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)
2 The following wastes are not hazardous even though they are generated from the treatment, storage,
or disposal of hazardous v’aste, unless they exhibit one (1) 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 33 1 and 332)
b Waste from burning any of the materials exempted from regulation by Section 6(fl(c 4-5 of this
administrative regulation
c (i) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR)
processing ofKO6l, K062, or F006 waste, in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth and electric furnace combinations or industrial
furnaces that are disposed in solid waste sites or facilities, provided that these residues meet the generic
exclusion levels identified below for all constituents, and exhibit no characteristics of hazardous waste
Testing requirements shall be incorporated in a site or facility’s waste analysis plan or a generator’s
self-implementing waste analysis plan, at a minimum, composite samples of residues shall be collected and
analyzed quarterly and when the process or operation generating the waste changes Persons claiming the
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 The generic exclusions levels are
Maximum for Any Single
Constituent Composite Sample -- TCLP (rug/i)
Generic Exclusion Levels for 1 <061 and 1<062
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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
(ii) A one (I) time notification and certification must be placed in the facility’s files and sent to the cabinet
for K06 I, K062 or F006 HTMR residues that meet the generic exclusion level for all constituents and do
not exhibit any characteristics that are sent to solid waste sites or facilities 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 or if the solid waste site or facility receiving the waste changes However,
the generator or treater need only notify the cabinet on an annual basis if such changes occur Such
notification and certification should be sent to the cabinet by the end of the calendar year, in the calendar
year in which the change occurs The notification must include the following information
The name and address of the solid waste site or facility receiving the waste shipment,
The EPA hazardous waste number and treatability group at the initial point of generation, and
Treatment standards applicable to the waste at the initial point of generation The certification shall be
signed by an authorized representative and shall 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 (1) of the following wastes listed in 401 KAR
3 1 040 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
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K 156), and wastewaters from the production of carbarnates and carbamoyl oximes (EPA Hazardous
Waste No K 157)
(4) Any waste described in subsection (3) of this section is not a hazardous waste if it meets the following
criteria
(a) In the case of any waste, it does not exhibit any of the characteristics of hazardous waste identified in
401 KAR 3 1 030 (However, wastes that exhibit a characteristic at the point of generation may still be
subject to the requirements of 401 KAR Chapter 37 , even if they no longer exhibit a characteristic at the
point of land disposal)
(b) in the case of a waste which is a listed waste under 401 KAR 31 040 , contains a waste listed under
401 KAR 3 1 040 or is derived from a waste listed in 401 KAR 31 040 , it also has been excluded from
Section 1(3’) of4Ol KAR 31 060 and 401 KAR 31 070
(5) Notwithstanding subsections (I) through (4) of this section and provided the debris does not exhibit a
characteristic identified in 401 KAR 3 1 030 , the following materials are not subject to regulation under
401 KAR Chapters 30 through 39
(a) Hazardous debris that has been treated using one (1) of the required extraction or destruction
technologies specified in Table 1 of Section 6 of 401 KAR 37 040 , 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
(b) Debris that the cabinet, considering the extent of contamination, has determined is no longer
contaminated with hazardous waste
J-4OME WEEKLY UPDATE CON PACT u
Copyright © 1999 IHS Environmental Information, Inc.
All Rights Reserved.
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Federal and State Regulations, November
I I I UtflhIflllENFL i ( ‘999
DAIAE3ASCS JURISD{CTIC)NS St.AkL.H LON1LN i
Hide Document Profile Previous in Jurisdiction Next in Jurisdiction
Citation: Title40l, Chapter3l, Regulation 010, 401 KAR31 010,401 KAR31 010
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 9
Section Title: 4 Exclusions (Integrated)
Subject Terms: waste, hazardous waste, exemption
Source: integrated Document
Section 4 Exclusions
(I) The following materials are not wastes for the purpose of this chaøter
(a) Domestic sewage and any mixture of domestic sewage and other wastes that pass through a sewer
system to a publicly-owned treatment works for treatment,
(b) Industrial wastewater discharges that are point source discharges subject to regulation under Section
402 of the CWA, as amended, however, 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,
(c) irrigation return flows,
(d) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as
amended, 42 USC 2011 et seq, except as provided in Section 3 of this administrative regulation .
(e) Materials subjected to in situ mining techniques which are not removed from the ground as part of the
extraction process,
(0 Pulping liquors (that is black liquor) that are reclaimed in a pulping liquor recovery furnace and then
reused in the pulping process, unless they are accumulated speculatively as defined in 401 KAR 3 I 005
(g) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as
defined in 401 KAR3I 005
(h) 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,
2 Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators),
3 The secondary materials are never accumulated in such tanks for over twelve (12) months without
being reclaimed, and
4 The reclaimed material is not used to produce a fuel, or used to produce products that are used in a
manner constituting disposal, as provided in 401 KAR Chapter 36
(i) I Spent wood preserving solutions that have been reclaimed and are reused for their original intended
purpose, and
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2 Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood
(j) EPA Hazardous Waste Nos K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any
wastes from the coke byproducts processes that are hazardous only because they exhibit the toxicity
characteristic specified in Section 5 of 401 KAR 3 1 030 , when, subsequent to generation, these materials
are recycled to coke ovens, to the tar recovery process as a feed stock to produce coal tar or are 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 the refining processes, or mixed with coal tar
(k) Nonwastewater splash condenser dross residue from the treatment ofKO6l in high temperature
metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery
(I) Recovered oil from petroleum refining, exploration and production, and from transportation incident
thereto, which is to be inserted into the petroleum refining process (SIC Code 2911) along with normal
process streams prior to crude distillation or catalytic cracking This exclusion applies to recovered oil
stored or transported prior to insertion, except that the oil must not be stored in a manner involving
placement on the land, and must not be accumulated specutively, before being so recycled Recovered oil
is oil that has been reclaimed from secondary materials (such as wastewater) generated from normal
petroleum refining, exploration and production, and transportation practices Recovered oil includes oil
that is recovered from refinery wastewater collection and treatment systems, oil recovered from oil and
gas drilling operations, and oil recovered from wastes removed from crude oil storage tanks Recovered
oil does not include (among other things) oil-bearing hazardous wastes listed in 401 KAR 31 040 (for
example, K048 - K052, F037, F038) However, oil recovered from such wastes may be considered
recovered oil Recovered oil does not include used oil as specified in 401 KAR Chapter 44
(2) Any waste which meets the requirements of this subsection is not a hazardous waste
(a) Household waste, including household waste that has been collected, transported, stored, treated,
disposed, recovered (for example, refuse-derived fuel), or reused 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 the waste management regulations, if the facility
I Receives and burns only
a Household waste (from single and multiple dwellings, hotels, motels, and other residential sources),
and
b Waste from commercial or industrial sources that does not contain hazardous waste, and
2 The facility does not accept hazardous wastes and the owner or operator of the facility has established
contractual requirements or other appropriate notification or inspection procedures to assure that
hazardous wastes are not received at or burned in the facility
(b) Agricultural wastes generated by any of the following and which are returned to the soils as fertilizers
1 The growing and harvesting of agricultural crops
2 The raising of animals, including animal manures
(c) Mining overburden returned the mine site
(d) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily
from the combustion of coal or other fossil fuels, except as provided by Section 13 of 401 KAR 36 020
for facilities that burn or process hazardous waste
(e) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or
production of crude oil, natural gas or geothermal energy
(f) I Wastes which fail the test for the toxicity characteristic because chromium is present or are listed in
401 KAR 3 I 040 due to the presence of chromium, which do not fail the test for the toxicity
characteristic for any other constituent or are not listed due to the presence of any other constituent, and
which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste
generators that
a The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium, and
b The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly
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exclusively) and the process does not generate hexavalent chromium, and
c The waste is typically and frequently managed in nonoxidizing environments
2 Specific wastes which meet the standard in subparagraph Ia, b and c of this paragraph (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
beam house, 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
beam house, 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 beam house,
through-the-blue
d Sewer screenings generated by the following subcategories of the leather tanning and finishing
industry hair pulp/chrome tan/retan/wet finish hair save/chrome tan/retan/wet finish, retan/wet finish, no
beam house, 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 beam house, through-the-blue, and shearling
f Wastewater treatment sludges generated by the following subcategories of the leather tanning and
finishing industry hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, and
through-the-blue
g Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other
leather product manufacturing industries
h Wastewater treatment sludges from the production of Ti02 pigment using chromium-bearing ores by
the chloride process
(g) 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 Section 13 of
401 KAR 36 020 for facilities that burn or process hazardous waste For the purpose of this paragraph,
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 or carbon dioxide, roasting, autoclaving, or chlorination in preparation for leaching (except
where the roasting (or autoclaving, or chlorination/leaching sequence produces a final or intermediate
product that does not undergo further beneficiation or processing), gravity concentration, magnetic
separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning,
precipitation, amalgamation, and heap, dump, vat, tank and in situ leaching For the purpose of this
paragraph, waste from the processing of ores and minerals includes only the following wastes
I Slag from primary copper processing,
2 Slag from primary lead processing,
3 Red and brown muds from bauxite refining,
4 Phosphogypsum from phosphoric acid production,
5 Slap from elemental phosphorus production,
6 Gasifier ash from coal gasification,
7 Process wastewater from coal gasification,
8 Calcium sulfate wastewater treatment plant sludge from primary copper processing,
9 Slag tailings from primary copper processing,
10 Flouorogypsum from hydrofluoric acid production,
I I Process wastewater from hydrofluoric acid production,
12 Air pollution control dust or sludge from iron blast-furnaces,
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13 Iron blast furnace slag,
14 Treated residue from roasting or leaching of chrome ore,
15 Process wastewater from primary magnesium processing by the anhydrous process,
16 Process wastewater from phosphoric acid production,
17 Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel
production,
18 Basic oxygen furnace and open hearth furnace slag from carbon steel production,
19 Chloride process waste solids from titanium tetrachloride production, and
20 Slag from primary zinc processing
(h) Cement kiln dust waste except as provided by Section 13 of 401 KAR 36 020 for facilities that burn
or process hazardous waste
(i) 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 DO 17 and which is not a hazardous
waste for any other reason, if the waste is generated by persons who utilize the arsenical-treated wood
and wood products for these materials’ intended end use
(j) Petroleum -- contaminated media and debris that fail the test for the toxicity characteristic of 401 KAR
31 030 (hazardous waste codes DOl 8 to DO43 only) and are subject to the corrective action regulations
under 401 KAR Chapter 42
(k) injected groundwater that is hazardous only because it exhibits the toxicity characteristic (Hazardous
Waste Codes D018 to D043 only) in Section 5 of4Ol KAR 31 030 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 October 2, 1991 Now operations involving injection wells (beginning after March
25, 1991) will quality for this compliance date extension (until January 25, 1993) only if
1 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
2 A copy of the written agreement has been submitted to Characteristics Section (OS-33 3), U S EPA,
401 M Street SW, Washington, DC 20460
(I) 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
(m) Nonterne plated used oil filters that are not mixed with wastes listed in 401 KAR 31 040 if these oil
filters have been gravity hot-drained using one (I) of the following methods
1 Puncturing the filter antidrain back valve or the filter dome end and hot-draining,
2 Hot-draining and crushing
3 Dismantling and hot-draining, or
4 Any other equivalent hot-draining, method that will remove used oil
(n) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products
(3) Hazardous wastes which are exempted from certain administrative 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
nonwaste-treatment-manufacturing unit, is not subject to regulation under 401 KAR Chapters 32 to 39 or
to the notification requirements of 401 KAR 32 010, 401 KAR 34 020 , and 401 KAR 35 020 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 ninety (90) days after the unit ceases to be operated for
manufacturing, or for storage or transportation of product or raw materials
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(4) Samples
(a) Except as provided in paragraph (b) of this subsection, a sample of 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 chapter. 401 KAR Chapter 32 to 35, and 37 to 39, or to the
notification requirements of 401 KAR Chapter 32 and when
I The sample is being transported to a laboratory for the purpose of testing, or
2 The sample is being transported back to the sample collector after testing, or
3 The sample is being stored by the sample collector before transport to a laboratory for testing, or
4 The sample is being stored in a laboratory before testing, or
5 The sample is being stored in a laboratory after testing but before it is returned to the sample collector,
or
6 The sample is being stored temporarily in the laboratory after testing for a specific purpose (for
example, until conclusion of court case or enforcement action where further testing of the sample may be
necessary)
(b) th order to qualify for the exemption in paragraphs (a)l and 2 of this subsection, a sample collector
shipping samples to laboratory and a laboratory returning samples to a sample collector shall
I Comply with DOT, USPS, or any other applicable shipping requirements, or
2 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
(i) The sample collector’s name, mailing address, and telephone number,
(ii) The laboratory’s name, mailing address, and telephone number,
(iii) The quantity of the sample,
(iv) The date of shipment, and
(v) A description of the sample
b Package the sample so that it does not leak, spill, or vaporize from its packaging
c 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 (a) of this subsection
(5) Treatability study samples
(a) Except as provided in paragraph (b) of this subsection, persons who generate or collect samples for
the purpose of conducting treatability studies shall not be subject to any requirement of 401 KAR
Chapters 31 to 33 or to the notification requirements of KRS 224 46-510(3) and 401 KAR Chapters 32
and 38, nor shall the samples be included in the quantity determinations of Section 5 of this administrative
regulation and 401 KAR 32 030, Section 5(4 ) if
I The samples is being collected and prepared for transportation by the generator or sample collector, or
2 The sample is being accumulated or stored by the generator or sample collector prior to transportation
to a laboratory or testing facility, or
3 The sample is being transported to the laboratory or testing facility for the purpose of conducting a
treatability study
(b) The exemption in paragraph (a) of this subsection shall be applicable to samples of hazardous waste
being collected and shipped for the purpose of conducting treatability studies if
I The generator or sample collector uses (in “treatability studies”) no more than 1000 kg of any nonacute
hazardous waste; one (1) kg of acute hazardous waste, or 250 kg of soil, water, or debris contaminated
with acute hazardous waste for each process being evaluated for each generated waste stream, and
2 The mass of each sample shipment does not exceed 1000 kg of nonacute hazardous waste, one (I) kg
of acute hazardous waste, or 250 kg of soils, water, or debris contaminated with acute hazardous waste,
and
3 The sample is packaged so that it does not leak, spill, or vaporize from its packaging during shipment,
and
4 The requirements of subparagraph a orb of this paragraph are met
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a The transportation of each sample shipment complies with DOT, 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 shall accompany the sample
(i) The name, mailing address, and telephone number of the originator of the sample,
(ii) The name, address, and telephone number of the facility that will perform the treatability study,
(iii) The quantity of the sample,
(iv) The date of shipment, and
(v) A description of the sample, including its EPA hazardous waste number,
5 The sample is shipped to a laboratory or testing facility which is exempt under Section 4(6) of this
administrative regulation or has an appropriate RCRA permit or interim status,
6 The generator or sample collector maintains the following records for a period ending three (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
(i) The amount of waste shipped under this exemption,
(ii) The name, address, and EPA identification number of the laboratory or testing facility that received
the waste,
(iii) The date the shipment was made, and
(iv) Whether or not unused samples and residues were returned to the generator,
7 The generator reports the information required under Section 4(5)(b)6c of this administrative
regulation in its annual report required under 401 KAR 32 040
(c) 1 The cabinet may grant requests, on a case-by-case basis, for quantity limits in excess of those
specified in Section 4(5)(b)1 of this administrative regulation for up to na additional 500 kg of nonacute
hazardous waste, one (1) kg of acute hazardous waste and 250 kg of soil, water, or debris contaminated
with acute hazardous waste, to conduct further treatability study evaluation when
a There has been an equipment or mechanical failure during the conduct of a treatability study,
b There is a need to verify the results of a previously conducted treatability study,
c There is a need to study and analyze alternative techniques within a previously evaluated treatment
process, or
d There is a need to do further evaluation of an ongoing treatability study to determine final
specifications for treatment
2 The additional quantities allowed pursuant to subparagraph I of this paragraph shall be subject total
provisions in paragraph (a) and (b)2 to 7 of this subsection The generator or sample collector shall apply
to the cabinet when the sample is collected and provide in writing the following information
a The reason why the generator or sample collector requires additional quantity of sample for the
treatability study evaluation, and the additional quantity needed,
b Documentation accounting for all samples of hazardous waste form 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 of each treatability study,
c A description of the technical modifications or change in specifications which will be evaluated and the
expected results,
d If further study is being required due to equipment or mechanical failure, the applicant shall include
information regarding the reason for the failure or breakdown and what procedures or equipment
improvements have been made to protect against further breakdowns, and
e Any other information that the cabinet deems necessary
(6) Samples undergoing treatability studies at laboratories and testing facilities Samples undergoing
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treatability studies and laboratories and testing facilities conducting treatability studies (to the extent the
facilities are not otherwise subject to the requirements of 401 KAR Chapters 3 I to 38) shall not be
subject to any requirements of Section 3010 of RCRA and 401 KAR Chapters 31 to 38 provided that the
conditions of paragraphs (a) to (k) of this subsection are met A mobile treatment unit (MTU) may
qualify as a testing facility subject to paragraphs (a) to (k) of this subsection Where a group of MTUs are
located at the same site, the limitations specified in paragraphs (a) to (k) of this subsection shall apply to
the entire group of MTUs collectively, as if the group were one (1) MTU
The conditions for exemption are
(a) No less than forty-five (45) days before conducting treatability studies, the facility shall notify the
cabinet in writing that it intends to conduct treatability studies under this subsection,
(b) The laboratory or testing facility conducting the treatability study shall have an EPA identification
number,
(c) No more than 250 kg of as received hazardous waste shall be subjected to initiation of treatment in all
treatability studies in a single day,
(d) The quantity of as received hazardous waste stored at the facility for the purpose of evaluation in
treatability studies shall not exceed 1000 kg, the total of which may include 500 kg of soils, water, or
debris contaminated with acute hazardous waste or one (1) kg of acute hazardous waste This quantity of
limitation shall not include
I Treatability study residues, or
2 Treatment materials (including nonhazardous solid waste) added to as received hazardous waste,
(e) No more than ninety (90) days shall elapse since the treatability study for the sample was completed,
or no more than one (1) year shall elapse since the generator or sample collector shipped the sample to
the laboratory or testing facility, whichever date first occurs,
(f) The treatability study shall not involve the placement of hazardous waste on the land or open burning
of hazardous waste,
(g) The facility shall maintain records for three (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 shall 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,
2 The date the shipment was received,
3 The quantity of waste accepted
4 The quantity of as received waste in storage each day,
5 The date the treatment was initiated and the amount of as received waste introduced to treatment study
each day,
6 The date the treatability study was concluded, and
7 The date any unused sample or residue generated from the treatability study was returned to the
generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA
identification number
(h) The facility shall keep on site a copy of the treatability study contact and all shipping papers
associated with the transport of treatability study samples to and from the facility for at least three (3)
years from the completion date of each treatability study,
(i) The facility shall prepare and submit a report to the cabinet 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 calendar year The report shall also contain following information for the previous calendar year
I The name, address, and EPA identification number of the facility conducting the treatability studies,
2 The types (by process) of treatability studies conducted,
3 The names and addresses of persons for whom studies have been conducted (including their EPA
identification numbers),
4 The total quantity of waste in storage each day,
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5 The quantity and types of waste subjected to treatability studies,
6 The data on which each treatability study was conducted, and
7 The final disposition of residues and unused samples form each treatability study,
(j) The facility shall determine whether any unused samples or residues generated by the treatability study
are hazardous wastes under Section 3 of this administrative regulation and, if so, are subject to 401 KAR
Chapters 3 I through 38, unless the residues and unused samples are returned to the sample originator
under the exemption in Section 4(5) of this administrative regulation,
(k) The facility shall notify the cabinet by letter when the facility is no longer planning to conduct any
treatability studies at the site
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I I UhIHIHhIIENFL€ ( Federal and State Regulations, November
DATABASES JLJ SD C11ONS S AHCH CON TEN 1 S
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Title 401, Chapter 31, Regulation 010, 401 KAR 31 010, 401 KAR 31 010
Jurisdiction: Kentucky Document Date: March L2, 1997 Page Count: 4
Section Title: 5 Special Requirements for Hazardous Waste Generated by Conditionally Exempt
Small Quantity Generators (integrated)
Subject Terms: waste, hazardous waste, hazardous waste generator, small quantity generator,
exemption, compliance
Source: Integrated Document
Section 5 Special Requirements for Hazardous Waste
Generated by Conditionally Exempt Small
Quantity Generators
(1) 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, except as specified in subsection (5) of this
section
(2) Except for those wastes identified in subsections (5), (6), (7), and (10) of this section, a conditionally
exempt small quantity generator’s hazardous wastes are not subject to regulation under 401 KAR
Chapters 32 to 39 and the notification requirements of KRS 224 46-510 (3), provided the generator
complies with the requirements of subsections (6), (7), and (10) of this section
(3) When making the quantity determinations of this chapter and 401 KAR Chapter 32 , the generator
shall include all hazardous waste that it generates, except hazardous waste that
(a) Is exempt from administrative regulation under Section 4(3 ) through (6), Section 6(l)(c), Section
or Section 8 of this administrative regulation .
(b) Is managed immediately upon generation only in an on-site elementary neutralization units,
wastewater treatment units, or totally enclosed treatment facilities,
(c) Is recycled, without prior storage or accumulation, only in on-site process subject to administrative
regulation under Section 6(3 (b of this administrative regulation .
(d) Is used oil managed under the requirements of Section 6(l)(d of this administrative regulation and
401 KAR Chapter 44 ,
(e) Is spent lead-acid batteries managed under the requirements of 401 KAR 36 070 , or
(0 Is universal waste managed under Section 9 of this administrative regulation and 401 KAR Chapter
43
(4) In determining the quantity of hazardous waste generated, a generator need not include
(a) Hazardous waste when it is removed from on-site storage, or
(b) 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
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5 Special Requiicnients for Hazardous Wast Pt Small Quantity Gencratorht4ljit Wa)ihsenv corn/products cgi/fcdst i?wheie(ft_cid%3d8 I 9)&c p I &i_date 199911
(c) Spent materials that are generated, reclaimed, and subsequently reused on site, so long as spent
materials have been counted once
(5) If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth
ifl this subsection, all quantities of that acute hazardous waste are subject to regulations applicable to
generators of greater than 1,000 kilograms of nonacute hazardous waste in a calendar month under 4 j
KAR Chapters 32 to 39, and the notification and permitting requirements of KRS 224 01-400,
224 40-3 10, 224 46-5 10 to 224 46-5 80, and 224 50-130
(a) A total of one (1) kilogram of acute hazardous wastes listed in Section 2 , , or 4(5) of 401 KAR
3 1 040
(b) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the
cleanup of a spill, into or on any land or water, of any acute hazardous wastes listed in Section 2 , . or
(5) of 401 KAR 31 040
(6) 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 subsection (5) of this section to be excluded from full regulation
under this section, the generator shall
(a) Comply with the requirements of 401 KAR 32 010, Section 2 ,
(b) 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 subsection (5)(a) or (b) of this section, all of
those accumulated wastes are subject to regulation under 401 KAR Chapters 32 through 38, and the
applicable notification requirements of KRS 224 01-400 The time period of Section 5(Y) of 401 KAR
32 030 , for accumulation of wastes on-site, begins when the accumulated wastes exceed applicable
exclusion limit, and
(c) A conditionally exempt small quantity generator may either treat or dispose of this acute hazardous
waste in an on-site facility or ensure direct delivery to an off-site storage, treatment or disposal facility,
either of which if located in the U S , is
(7) 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 front
full regulation under this section, the generator shall comply with the following requirements
(a) 401 KAR 32 010, Section 2 ,
(b) 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 401 KAR Chapter 32
applicable to generators of between 100 kilograms and 1000 kilograms of hazardous waste in a calendar
month as well as the requirements of 401 KAR Chapters 33 through 38, and the applicable notification
requirements of KRS 224 0 1-400 The time period of Section 5 of 401 KAR 32 030 for accumulation of
wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes
exceed 1000 kilograms, and
(c) Either treat or dispose of hazardous waste in an on-site facility, or ensure direct deliveiy to an off-site
storage, treatment, or disposal facility, either of which if located in the U S is
I Permitted under 401 KAR Chapter 38 ,
2 In interim status under 401 KAR. Chapters 35 and 38,
3 Located outside of Kentucky and is permitted under 40 CFR Part 270 or in interim status under
CFR Parts 270 and 265,
4 Located outside of Kentucky and is authorized to manage hazardous waste by a state with a hazardous
waste management program approved under 40 CFR Part 271 ,
5 Permitted to manage municipal or industrial solid waste and is specifically approved for that waste,
6 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
7 For universal waste managed under 401 KAR Chapter 43 , a universal waste handler or destination
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5 Special Requuternents lot i-lazaidous Wa t pi Small Quantity Gcnciaiothi4 h1tL wd)uhscnv corn/products egu/fedsi iQwhcre(il_cid%3d8 I 9)&cr I &u_date 199911
facility subject to the requirements of 401 KAR Chapter 43
8 Approved in accordance with Section 6 of 401 KAR 32 030 for on-site treatment of hazardous waste
(8) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous
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 wastes identified in 401 KAR 3 1 030
(9) If a conditionally exempt small quantity generator mixes a solid waste with a hazardous waste that
exceeds the quantity exclusion level of this section, the mixture shall be subject to full regulation
(10) If a conditionally exempt small quantity generator’s hazardous wastes are mixed with used oil, the
mixture shall be subject to 401 KAR Chapter 44 , if it is destined to be burned for energy recovery Any
material produced from such a mixture by processing, blending, or other treatment shall also be so
regulated if it is destined to be burned for energy recovery (See Section 1(2) of 401 KAR 44 010 )
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I Ciiteiia for identifying the Characteiistics of I-Iazardous Waste (intcgrat p //ww v2 ihscnv corn/products cgi/fedst i9 ’hcic=(ft_cid%3d828)& p=i&i_datei999i I
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Citation: Title 401, Chapter 3 1, Regulation 020, 401 KAR 3 1 020, 401 KAR 3 1 020
Jurisdiction: Kentucky Document Date: February 10, 1994 Page Count: I
Section Title: 1 Criteria for identifying the Characteristics of Hazardous Waste (Integrated)
Subject Terms: waste, hazardous waste, administrative
Source: integrated Document
401 KAR 3 1 020 Criteria for identifying the characteristics
of hazardous waste and criteria for listing
RELATES TO KRS 224 46, 224 50
PURSUANT TO KRS 46510
NECESSITY AND FUNCTION KRS 224 510(3) requires the cabinet to identify the characteristics of
and to list hazardous wastes This chapter identifies and lists hazardous waste This administrative
regulation establishes the criteria for identifying the characteristics of hazardous waste It also establishes
the criteria for listing a hazardous waste
Section 1 Criteria for identifying the Characteristics of
Hazardous Waste
The cabinet shall identify and define a characteristic of hazardous waste in 401 KAR 3 I 030 only upon
determining that
(1) A waste that exhibits the characteristic may
(a) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness, or
(b) 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
(a) Measured by an available standardized test method which is reasonably within the capability of
generators of waste or private sector laboratories that are available to serve generators of waste, or
(b) Reasonably detected by generators of waste through their knowledge of their waste
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Citation: Title 401, Chapter 31, Regulation 020, 401 KAR 31 020, 401 KAR 31 020
Jurisdiction: Kentucky Document Date: February 10, 1994 Page Count: 2
Section Title: 2 Criteria for Listing Hazardous Waste (Integrated)
Subject Terms: waste, hazardous waste, administrative, definition
Source: Integrated Document
Section 2 Criteria for Listing Hazardous Waste
(1) The cabinet shall list a waste as a hazardous waste only upon determining that the waste meets one
(1) of the following criteria
(a) It exhibits any of the characteristics of hazardous waste identified in 401 KAR 31 030
(b) 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 fifty (50) milligrams per
kilogram, an inhalation Lc(50) toxicity (rat) of less than two (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 shall be designated acute hazardous waste)
(c) It contains any of the toxic constituents listed in 401 KAR 3 1 170 and, after considering the following
factors, the cabinet 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
2 The concentration of the constituent in the waste
3 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 subparagraph 7 of this
paragraph
4 The persistence of the constituent or toxic degradation product of the constituent
5 The potential for the constituent or any toxic degradation product of the constituent to degrade into
nonharmful constituents and the rate of degradation
6 The degree to which the constituent or any degradation product of the constituent bioaccumulates in
ecosystems
7 The plausible types of improper management to which the, waste could be subjected
8 The quantities of the waste generated at individual generation sites or on a regional or national basis
9 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
10 Action taken by other governmental agencies or regulatory programs based on the health or
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2 Ciituria fb i Licting Hazaidous Wasic (Integiated)
hup //www2 ihcenv comIpiodu ts gi/fcdsi i’)wh ic(ñ_ id%3d829)&ep I &i_date 199911
environmental hazard posed by the waste or waste constituent
I I Such other factors as may be appropriate Substances shall be listed in 401 KAR 3 I 170 only if they
have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on
humans or other life forms
(2) The cabinet may list classes or types of waste as hazardous waste if the Cabinet 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 KRS 224 005(24)(b)
(3) The cabinet shall use the criteria for listing specified in this section to establish the exclusion limits
referred to in Section 5(3’) of 401 KAR 31 010
(10 Ky R 186, eff 12-2-83, Am 15 Ky R 337, eff 10-26-88, 20 Ky R 1092, eff 2-10-94)
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Federal and State Regulations, November
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DA 1ADAS ES Hi RI SO CT I ON S S AH C I I C ONTENTS
Hide Document Profile I Previous in Jurisdiction Next in Jurisdiction
Citation: Title 401, Chapter 3 I, Regulation 030, 401 KAR 3 I 030, 401 KAR 3 I 030
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: I
Section Title: 1 General (Integrated)
Subject Terms: waste, hazardous waste, administrative, definition
Source: Integrated Document
401 KAR 31 030 Characteristics of hazardous waste
RELATES TO KRS 224 01, 224 40, 224 43, 224 46, 40 CFR 261 Subpart C
STATUTORY AUTHORITY KRS 224 46-510
NECESSiTY AND FUNCTiON KRS 224 46-510(3) requires the cabinet to identi& the characteristics
of and to list hazardous wastes This chapter identifies and lists hazardous waste This administrative
regulation establishes the characteristics of a hazardous waste
Section I General
(1) A waste, as defined in Section 2 of 401 KAR 31 010 which is not excluded from administrative
regulation as a hazardous waste under Section 4(2 ) of 401 KAR 31 010 , is a hazardous waste if it
exhibits any of the characteristics identified in this administrative regulation
(2) A hazardous waste which is identified by a characteristic in this administrative regulation is assigned
every EPA Hazardous Waste Number that is applicable as set forth in the respective characteristics in this
administrative regulation These numbers shall be used in complying with the notification requirements of
401 KAR Chapters 32, 34, 35, and 38 and all applicable recordkeeping and reporting requirements under
401 KAR Chapters 32 to 35, 37, and 38
(3) For purposes of this administrative regulation . the cabinet shall consider a sample obtained using any
of the applicable sampling methods specified in 40l KAR 31 100 to be a representative sample within the
meaning of 401 KAR 30010
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2 Chaiauei i’ Iic of ignitabiiity (Integrated) hap //www2 thscnv corn/products cgi/fcdst i9whcie(ltud%3d832)&cr I &i_datc 199911
Federal and State Regulations, November
11 IttIHhtflhIENFL ( 1999
OATABASE fiR iSOiCt$flNS SEARCH CONTEN 1 S
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Citation: Title 401, Chapter 31, Regulation 030, 401 KAR 31 030, 401 KAR 31 030
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: I
Section Title: 2 Characteristic of Ignitability (integrated)
Subject Terms: waste, hazardous waste, definition
Source: Integrated Document
_______
Section 2 Characteristic of ignitability
(1) A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the
following properties
(a) It is a liquid, other than an aqueous solution containing less than twenty-four (24) percent alcohol by
volume and has a flash point less than sixty (60) degrees C (140 degrees Fahrenheit), 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 in 40 CFR 260 11 , which is adopted in Section 3 of 401 KAR 30 010) , or a
Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78
(incorporated in 40 CFR 260 11 , which is adopted in Section 3 of 401 KAR 30 010) , or as determined by
an equivalent test method approved by the cabinet and the administrator under procedures set forth in
Section 2 of 401 KAR 30 020
(b) 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
(c) It is an ignitable compressed gas as defined in 49 CFR Subpart C and as determined by the test
methods described in that administrative regulation or equivalent test methods approved by the cabinet
and the administrator under Section 2 of 401 KAR 30 020
(d) It is an oxidizer as defined in 49 CFR Subpart C
(2) A waste that exhibits the characteristic of ignitability has the EPA hazardous waste number of D00 I
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DATAQASL.S JLJI SD CTIC NH b ARCI1 CQNTLNTS
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Citation: Title 401, Chapter 3 1, Regulation 030, 401 KAR 31 030, 401 KAR 3 1 030
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 1
Section Title: 3 Characteristic of Corrosivity (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: Integrated Document
Section 3 Characteristic of Corrosivity
(I) A waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of
the following properties
(a) It is aqueous and has a pH less than or equal to two (2) or greater than or equal to twelve and
five-tenths (12 5), as determined by a pH meter using Method 9040 in “Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods” (incorporated in 40 CFR 260 I I , which is adopted in
Section 3 of 401 KAR 30 010 )
(b) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6 35 mm (approximately 0 250 in)
per year at a test temperature of fifty-five (55) degrees Centigrade (approximately 130 degrees
Fahrenheit) as determined by the test method specified in NACE (National Association of Corrosion
Engineers) Standard TM-01-69 as standardized in “Test Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods” (incorporated in 40 CFR 260 I I , which is adopted in Section 3 of 401 KAR
30 010 )
(2) A waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of
D002
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Federal and State Regulations, November
I I I UIlltAhItENFL€ .( 1999
OA1A A E5 .JLJP SD CTiONS SEAHLH CONTEN 1S
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Citation: Title 401, Chapter 31, Regulation 030, 401 KAR 31 030, 401 KAR 31 030
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: I
Section Title: 4 Characteristic of Reactivity (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: Integrated Document
_____
Section 4 Characteristic of Reactivity
(I) A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the
following properties
(a) it is normally unstable and readily undergoes violent change without detonating
(b) It reacts violently with water
(c) it forms potentially explosive mixtures with water
(d) When mixed with water, it generates toxic gases, vapors or flumes in a quantity sufficient to present a
danger to human health or the environment
(e) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between two (2) or
twelve and five-tenths (12 5), can generate toxic gases, vapors or flumes in a quantity sufficient to present
a danger to human health or the environment
(0 It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if
heated under confinement
(g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and
pressure
(h) it is a forbidden explosive as defined in 49 CFR Subpart C or a Class A explosive as defined in 49
CFR Subpart C or a Class B explosive as defined in 49 CFR Subpart C
(2) A waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003
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Citation: Title 401, Chapter 31, Regulation 030, 401 KAR 31 030, 401 KAR 31 030
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 2
Section Title: 5 Toxicity Characteristic (Integrated)
Subject Terms: waste, hazardous waste, definition, list
Source: Integrated Document
Section 5 Toxicity Characteristic
(I) A waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure,
test Method 13 II in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA
Publication SW-846, incorporated in 40 CFR 260 ii , which is adopted in Section 3 of 401 KAR 30010 ,
the extract from a representative sample of the waste contains any of the contaminants listed in Table I
(see subsection (3) of this section) at a concentration equal to or greater than the respective value given
in that Table Where the waste contains less than five-tenths (0 5) percent filterable solids, the waste
itself, after filtering using methodology outlined in Method 13 1 I, is considered to be the extract for the
purposes of this section
(2) A waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in
Table 1 which corresponds to the toxic contaminant causing it to be hazardous
(3) Table 1 Maximum Concentration of Contaminants for the Toxicity Characteristic
EPA
Hazardous Chemical Abstract
Waste service Regulatory
Number Contaminant Number Level (mg/L)
D004 Arsenic 7440—38-2 5.0
D005 Barium 7440—39—3 100.0
D0 18 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
D02 1 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—7 200.0(2 )
D024 m—Cresol 108—39—4 200.0(2 )
D025 p—Cresol 106—44—S 200.0(2}
D026 Cresol 200.0(2 )
D016 2,4—D 94—75—7 10.0
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5 1 o teuty Chajautetislic (intcgiated) http //www2 ihscnv com/pioducts cgi/fcdst i 9 whcuc(ft_cid%3d835)&er i&r_date 199911
D027
D028
D029
D030
D012
D031
D032
DO 33
DO 34
DO 08
D013
DO 09
DO 14
DO35
DO3 6
DO 37
DO 38
DO 10
DOll
DO 39
D015
D040
D04 1
D042
D017
D043
106—46—7
107—06—2
7 5—35—4
12 1—14—2
72—20—8
7 6—4 4—8
118—74—1
8 7—68—3
67—72—1
7439 —92—1
58—89—9
7439—97—6
7 2—43—5
7 8—93—3
98— 9 5—3
87— 86—5
110—86—1
7782—49—2
744 0—22—4
127—18—4
8 001—35—2
7 9—01-6
95— 9 5 —4
8 8—06—2
93—72—1
75—01—4
7.5
0.5
0.7
0. 13(1
0.02
0. 008
0.13(1
0.5
3.0
5.0
0.4
0.2
10.0
200. 0
2.0
100. 0
5.0(1}
1.0
5.0
0.7
0.5
0.5
400.0
2.0
1.0
0.2
(1 } Quantitation limit is greater than the calculated regulatory level The quantitation limit therefore
becomes the regulatory level
{2} 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/I
(Recodified from 401 KAR 2 075, Section 8, 3-1-83, Am 10 Ky R 993, eff 12-2-83, 14 Ky R 1325,
eff 3-10-88, 18 Ky R 103, eff 9-25-91,20 Ky R 1094, eff 2-10-94,23 Ky R 509, eff 3-12-97)
iT [ E KLY UPDATE C C N’TA CT US
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1, 4-Dichlorobenzene
1, 2-Dichloroethane
1, 1-Dichloroethylene
2, 4—Dinitrotoluene
End r in
Heptachlor (and its epoxide)
Hexachlorobenzene
Hexachiorobutadiene
Hexachloroethane
Lead
Lindane
Mercury
Methoxychior
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridiene
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylene
2,4, 5-trichlorophenol
2,4, 6-trichlorophenol
2,4, 5—TP(Silvex)
vinyl chloride
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Citation: Title 401, Chapter 31, Regulation 040, 401 KAR 31 040, 401 KAR 31 040
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 2
Section Title: 1 General Applicability and Delisting Procedures (integrated)
Subject Terms: waste, hazardous waste, list
Source: integrated Document
401 KAR 31 040 Lists of hazardous wastes
RELATES TO KRS 224 01, 224 40, 224 43, 224 46, 224 99, 40 CFR 261 Subpart D
STATUTORY AUTHORITY KRS 224 10- 100, 224 46-510(3), 224 46-530
NECESSiTY, FUNCTION, AND CONFORMITY KRS 224 46-5 10(3) requires the cabinet to identify
the characteristics of and to list hazardous wastes This chapter identifies and lists hazardous waste Ih
administrative regulation establishes the lists of hazardous wastes This administrative regulation is
equivalent to federal standards established in 40 CFR 261 Subpart D except for the addition of Section 5
of this administrative regulation , which contains nerve and blister agents as required by KRS 224 50-130
Section I General Applicability and Delisting Procedures
(I) A waste is a hazardous waste if it is listed in any section of this administrative regulation unless it has
been excluded from that list under 401 KAR 3 I 060 and 3 1 070
(2) The cabinet shall indicate the basis for listing the classes or types of wastes listed in this administrative
regulation by employing one (I) or more of the following Hazard Codes
Hazard Code Class or Type of Waste
(I) ignitable waste
(C) Corrosive waste
(R) Reactive waste
(E) Toxicity characteristic waste
(1-I) Acute hazardous waste
(T) Toxic waste
401 KAR 3 1 160 identifies the constituent which caused the cabinet to list the waste as a toxicity
characteristic waste (E) or toxic waste (T) in Sections 2 and 3 of this administrative regulation
(3) Each hazardous waste listed in this regulation is assigned an EPA Hazardous Waste Number, which
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precedes the name of the waste This number shall be used in complying with the notification
requirements of KRS 224 46-510 and the recordkeeping and reporting requirements under 401 KAR
Chapters 32 to 40
(4) The following hazardous wastes listed in Section 2 or of this administrative regulation are subject to
the exclusion limits for acutely hazardous wastes established in Section 5 of 401 KAR 31 010 EPA
Hazardous Waste Nos P020, P021, P022, P023, P026, and P027
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I I I UIUIIIIHENFL Federal and State Regulations, November
tDA1ADASc. JURISD CTU N 3 S AF’ CH tDNTENTh
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Citation: Title 401, Chapter 31, Regulation 040, 401 KAR 31 040, 401 KAR 31 040
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 7
Section Title: 2 Hazardous Wastes From Nonspecific Sources (Integrated)
Subject Terms: waste, hazardous waste, list
Source: integrated Document
Section 2 Hazardous Wastes from Nonspecific Sources
(I) Hazardous wastes from nonspecific sources are
Industry
and EPA
Hazardous Hazard
Waste No. Hazardous Waste Code
Generic:
FOOl The following spent halogenated (T)
solvents used in degreasing:
tetrachloroethylene, trichioro-
ethylene, methylene chloride,
1., 1, 1—trichioroethane, carbon
tetrachloride, and chlorinated
fluorocarbons; all spent
solvent mixtures/blends used
in degreasing containing, before
use, a total of ten (10) percent
or more (by volume) of one (1)
or more of the above halogenated
solvents or those solvents
listed in F002, F004, and F005;
and still bottoms from the
recovery of these spent solvents
and spent solvent mixtures.
F002 The following spent halogenated CT)
solvents: tetrachloroethylene,
methylene chloride, trichloro-
ethylene, 1, 1, 1—trichioro-
ethane chlorobenzene, 1,1,2-
trichloro—1, 2, 2—trifluoroethane,
orthodichlorobenzene, trichioro-
fluoromethane, and 1,1,2—
trichloroethane; all spent
solvent mixtures/blends
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containing, before use, a total
of ten (10) percent or more
(by volume) of one (1) or more
of the above halogenated solvents
or those solvents listed in
FOOl, F004, or F005; and
still bottoms from the recovery
of these spent solvents and spent
solvent mixtures.
F003 The following spent nonhalogenated (I)
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 nonhalogenated
solvents; and all spent solvent
mixtures/blends containing,
before use, one (1) or
more of the above nonhalogenated
solvents, and, a total of ten
(10) percent or more (by volume)
of one (1) or more of those
solvents listed in FOOl, F002,
F004, and F005; and still
bottoms from the recovery of
these spent solvents and spent
solvent mixtures.
F004 The following spent nonhalogenated (T)
solvents: cresols and cresylic acid,
and nitrobenzene; all spent solvent
mixtures/blends containing, before
use, a total of ten (10) percent
or more (by volume) of one (1) or
more of the above nonhalogenated
solvents or those solvents listed
in FOOl, F002, and F005; and
still bottoms from the recovery
of these spent solvents and spent
solvent mixtures.
F005 The following spent nonhalogenated (I,T)
solvents: toluene, methyl ethyl
ketone, carbon disulfide, isobu-
tanol, pyridine, benzene, 2—
ethoxyethanol, and 2-nitropropane;
all spent solvent
mixtures/blends containing,
before use, a total of
ten (10) percent or more (by
volume) of one (1) or more of
the above nonhalogenated
solvents, or those solvents
listed in FOOl, F002, or F004;
and still bottoms from the
recovery of these spent solvents
and spent solvent mixtures.
F006 Wastewater treatment sludges from (T)
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
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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 bath (R,T)
solutions from electroplating
operations.
F008 Plating bath residues from the (R,T)
bottom of plating baths from
electroplating operations where
cyanides are used in the process.
F009 Spent stripping and cleaning bath (R,T)
solutions from electroplating
operations where cyanides are
used in the process.
FOlO Quenching bath residues from oil (R,T)
baths from metal heat treating
operations where cyanides are
used in the process.
FOll Spent cyanide solutions from salt (R,T)
bath pot cleaning from metal heat
treating operations.
F0l2 Quenching wastewater treatment CT)
sludges from metal heat treating
operations where cyanides are
used in the process.
F019 Wastewater treatment sludges from CT)
the chemical conversion coating
of aluminum except from zirconium
phosphating in aluminum can wash-
ing when such phosphating is an
exclusive conversion coating process.
F020 Wastes (except wastewater and (H)
spent carbon from hydrogen
chloride purification) from the
production or manufacturing use
(as a reactant, chemical
intermediate, or component
in a formulating process) of tn—
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-trichiorophenol
F02l Wastes (except wastewater and spent (H)
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 and spent (H)
carbon from hydrogen chloride
purification) from the
manufacturing use (as a reactant,
chemical intermediate, or
component in a formulating
process) of tetra-, penta-, or
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hexachlorobenzenes under alkaline
conditions.
F023 Wastes (except wastewater and (H)
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 tn- or
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 but not (T)
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 (1)
to and including five (5), with
varying amounts and positions of
chloring substitution. (This listing
does not include wastewater, wastewater
treatment sludges, spent catalysts,
and wastes listed in Sections 2 and
3 of this administrative regulation. )
F025 Condensed light ends, spent filters (T)
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 (1) to and including
five (5), with varying amounts and
positions of chlorine substitution.
F026 Wastes (except wastewater and (H)
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 formulations (H)
containing tn-, tetra-, or
pentachlorophenol or discarded
unused formulations containing
compounds derived from these
chlorophenols. (This listing does
not include formulations
containing Hexachlorophene
synthesized from prepurified
2, 4, 5—trichlorophenol as the sole
component.)
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F028 Residues resulting from the CT)
incineration or thermal treatment
of soil contaminated with EPA
Hazardous Waste Nos. F020, F02l,
F022, F023, F026, and F027.
F032 Wastewaters (except those that have CT)
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
Section 6 of this administrative
regulation or potentially
cross—contaminated wastes that are
otherwise currently regulated as
hazardous wastes (For example, F034
or F035), and where the generator
does not resume or initiate use of
chlorophenolic formulations) . This
listing does not include 1 (001 bottom
sediment sludge from the treatment of
wastewater from wood preserving
processes that use creosote or
pentachlorophenol.
F034 Wastewaters (except those that have CT)
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 1(001 bottom
sediment sludge from the treatment
of wastewater from wood preserving
processes that use creosote or
pentachlorophenol.
F035 Wastewaters (except those that have CT)
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 1 (001
bottom sediment sludge from the
treatment of wastewater from wood
preserving processes that use creosote
or pentachlorophenol.
F037 Petroleum refinery primary (T)
oil/water/solids separation sludge
-- Any sludge generated from the
gravitational separation of
oil/water/solids during the storage
or treatment of Process Wastewaters
and oily Cooling wastewaters from
petroleum refineries. Such sludges
include, but are not limited to,
those generated in: oil/water/solids
separators; tanks and impoundments;
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ditches and other conveyances;
sumps; an stormwater units receiving
dry weather flow. Sludge generated
in stormwater units that do not
receive dry weather flow, sludges
generated from noncontact once-through
cooling waters segregated for treatment
from other process or oily cooling
waters, sludges generated in aggressive
biological treatment units as defined
in subsection (2) (b) of this section
(including sludges generated in one
(1) or more additional units after
waste-waters have been treated in
aggressive biological treatment units)
and K051 wastes are not included in
this listing.
F038 Petroleum refinery secondary (T)
(emulsified) oil/water/solids
separation sludge -- Any sludge and
float generated from the physical
and 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 dissolved air filtration
(DAF) units. Sludges generated in
stormwater units that do not receive dry
weather flow, sludges generated from
noncontact 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
subsection (2) of this section
(including sludges and floats generated
in one (1) or more additional units
after wastewaters have been treated
in aggressive biological treatment
units) and F037, K048, and 1 <051
wastes are not included in this listing.
F039 Leachate (liquids that have percolated (T)
through land disposal wastes) resulting
from the disposal of more than one
(I) restricted waste classified as
hazardous under this administrative
regulation. (Leachate resulting
from the disposal of one (1) or more
of the following EPA Hazardous Wastes
and no other hazardous wastes retains
its EPA Hazardous Waste Number:
F020, F021, F022, F026, F027, and F028.)
(2) Listing specific definitions
(a) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and water and solids
(b)l For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as
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units which employ one (I) 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 employs a minimum of six (6) horse power per million gallons of treatment volume, and
either,
b The hydraulic retention time of the unit is no longer than five (5) days, or
c The hydraulic retention time is no longer than thirty (30) days and the unit does not generate a sludge
that is a hazardous waste by the toxicity characteristic
2 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 shall maintain, in their operating or other on-site 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 or F038 were actually generated in the
aggressive biological treatment unit
(c)l 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
2 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
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I I IllthIflhIIENFL Federal and State Regulations, November
t A ABA € J&J D tTU N A H NTLN
Hide Document Profile Previous in Jurisdiction I Next in Jurisdiction
Citation: Title 401, Chapter 31, Regulation 040, 401 KAR 31 040, 40] KAR 31 040
Jurisdiction: Kentucky Document Date: March 12, 1997 Page Count: 9
Section Title: 3 Hazardous Wastes From Specific Sources (Integrated)
Subject Terms: waste, hazardous waste, list
Source: Integrated Document
Section 3 Hazardous Wastes from Specific Sources
Hazardous wastes from specific sources are
Industry and
EPA Hazardous Hazardous Hazard
Waste No. Waste Code
Wood Preservation:
KOO]. Bottom sediment sludge from the CT)
treatment of wastewaters from
wood preserving processes that use
creosote or pentachlorophenol.
Inorganic Pigments:
1 <002 Wastewater treatment sludge from (T)
the production of chrome yellow
and orange pigments.
1<003 Wastewater treatment sludge from (T)
the production of molybdate orange
pigments.
1<004 Wastewater treatment sludge from CT)
the production of zinc yellow
pigments.
1<005 Wastewater treatment sludge from CT)
the production of chrome green
pigments.
1<006 Wastewater treatment sludge from CT)
the production of chrome oxide
green pigments Canhydrous and
hydrated).
1<007 Wastewater treatment sludge from CT)
the production of iron blue
pigments.
1<008 Oven residue from the production CT)
chrome oxide green pigments.
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Organic Chemicals:
1(009 Distillation bottoms from the CT)
production of acetaldehyde from
ethylene.
1(010 Distillation side cuts from the (T)
production of acetaldehyde from
ethylene.
1(011 Bottom stream from the wastewater (R,T)
stripper in the production of
acrylonitrile.
1(013 Bottom stream from the (R,T)
acetonitrile column in the
production of acrylonitrile.
1(014 Bottoms from the acetoniltrile (T)
purification column in the
production of acrylonitrile.
1(015 Still bottoms from the CT)
distillation of benzyl chloride.
1(016 Heavy ends or distillation CT)
residues from the production of
carbon tetrachioride.
1(017 Heavy ends (still bottoms) from CT)
the purification column in the
production of epichiorohydrin.
1(018 Heavy ends from the fractionation (T)
column in ethyl chloride
production.
1(019 Heavy ends from the distillation CT)
of ethylene dichloride in
ethylene dichloride production.
1(020 Heavy ends from the distillation CT)
of vinyl chloride in vinyl
chloride monomer production.
1(021 Aqueous spent antimony catalyst (T)
waste from fluoromethanes
production.
1(022 Distillation bottom tars from the CT)
production of phenol/acetone from
cumene.
K023 Distillation light ends from the CT)
production of phthalic anhydride
from naphthalene.
1(024 Distillation bottoms from the CT)
production of phthalic anhydride
from naphthalene.
1(025 Distillation bottoms from the CT)
production of nitrobenzene by
the nitration of benzene.
1(026 Stripping still tails from the CT)
production of methyl ethyl pyridines.
1(027 Centrifuge and distillation residues (R,T)
from toluene diisocyanate production.
1(028 Spent catalyst from the CT)
hydrochlorinator reactor in the
production of 1,1,1 -trichloroethane.
1(029 Waste from the product steam stripper CT)
in the production of
1,1, 1-trichioroethane.
1(030 Column bottoms or heavy ends from CT)
the combined production of trichloro—
ethylene and perchloroethylene.
1(083 Distillation bottoms from aniline CT)
production.
1(085 Distillation or fractionation column CT)
bottoms from the production of
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chlorobenzenes.
1 (093 Distillation light ends from the CT)
production of phthalic anhydride
from orthoxylene.
1 <094 Distillation bottoms from the CT)
production of phthalic anhydride
from ortho-xylene.
1<095 Distillation bottoms from the CT)
production of 1,1,1-
trichloroethane.
1<096 Heavy ends from the heavy ends CT)
column from the production of
1, 1, 1—trichloroethane.
1<103 Process residues from aniline CT)
extraction from the production of
aniline.
1<104 Combined wastewater streams CT)
generated from nitrobenzene/
aniline production.
1<105 Separated aqueous stream from the CT)
reactor product washing step in
the production of chlorobenzenes.
1<107 Column bottoms from product CC,T)
separation from the production
of 1,1—dimethyl-hydrazine CUDMH)
from carboxylic acid hydrazines.
1<108 Condensed column overheads from CI,T)
product separation and condensed
reactor vent gases from the
production of 1, 1—dimethylhydrazine
CIJDMH) from carboxylic acid hydrazides.
1<109 Spent filter cartridges from product CT)
purification from the production of
1,1—dimethylhydrazine CUDMH) from
carboxylic acid hydrazides.
1 <110 Condensed column overheads from CT)
intermediate separation from the
production of 1, 1-dimethylhydrazine
CUDMH) from carboxylic acid hydrazides.
1 <111 Product wash waters from the CC,T)
production of dinitrotoluene
via nitration of toluene.
1<112 Reaction by—product water from the CT)
drying column in the production
of toluenediamine via
hydrogenation of dinitrotoluene.
1<113 Condensed liquid light ends from CT)
the purification of toluenediamine
in the production of
toluenediamine via hydrogenation
of dinitrotoluene.
1<114 Vicinals from the purification of CT)
toluenediamine in the production
of toluenediamine via
hydrogenation of dinitrotoluene.
1<115 Heavy ends from the purification CT)
of toluenediamine in the
production of toluenediamine via
hydrogenation of dinitrotoluene.
1<116 Organic condensate from the CT)
solvent recovery column in the
production of toluene
diisocyanate via phosgenation
of toluenediamine.
1<117 Wastewater from the reactor vent CT)
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gas scrubber in the production of
ethylene dibromide via
bromination of ethene.
1 <118 Spent absorbent solids from CT)
purification of ethylene
dibromide in the production of
ethylene dibromide via
bromination of ethene.
1<136 Still bottoms from the CT)
purification of ethylene
dibromide in the production of
ethylene dibromide via
bromination of ethene.
1 <149 Distillation bottoms from the CT)
production of alpha- (or methyl—)
chlorinated toluenes, ring—
chlorinated toluenes, benzoyl
chlorides, and compounds with
mixtures of these functional
groups, CThis waste does not
include still bottoms from the
distillation of benzoyl chloride)
1 <150 Organic residuals, excluding spent CT)
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
mixture of these functional groups.
1<151 Wastewater treatment sludges, CT)
excluding neutralization and bio-
logical sludges, generated during
the treatment of wastewaters from
the production of alpha— Cor methyl-)
chlorinated toluenes, ring—chlorinated
toluenes, benzoyl chlorides, and
compounds with mixtures of these
functional groups.
1 <156 Organic waste (including heavy ends, CT)
still bottoms, light ends, spent
solvents, filtrates, and decantates)
from the production of carbamates
and carbamoyl oximes.
1 <157 Wastewaters (including scrubber (T)
waters, condenser waters, washwater,
and separation waters) from the
production of carbamates and
carbamoyl oximes.
1<158 Bag house dusts and filter/ CT)
separation solids from the production
of carbamates and carbamoyl oximes.
1 <159 Organics from the treatment of CT)
thiocarbamate wastes.
1 <160 Solids (including filter wastes, CT)
separation solids, and spent
catalysts) from the production of
thiocarbamates and solids from the
treatment of thiocarbamate wastes.
1 <161 Purification solids (including (R,T)
filtration, evaporation, and
centrifugacion solids), bag house
dust and floor sweepings from the
production of dithiocarbamate acids
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and their salts.
Inorganic Chemicals:
K07l Brine Purification muds from the CT)
mercury cell process in chlorine
production, where separately
prepurified brine is not used.
1 (073 Chlorinated hydrocarbon waste from CT)
the purification step of the
diaphragm cell process using
graphite anodes in chlorine
production.
1 <106 Wastewater treatment sludge from CT)
the mercury cell process in
chlorine production.
Pesticides:
1<031 By-product salts generated in the CT)
production of MSMA and cacodylic
acid.
1<032 Wastewater treatment sludge from CT)
the production of chlordane.
1<033 Wastewater and scrub water from CT)
the chlorination of
cyclopentadiene in the production
of chlordane.
1<034 Filter solids from the filtration CT)
of hexach lorocyclopentadiene in
the production of chlordane.
1<035 Wastewater treatment sludges CT)
generated in the production of
creosote.
1<036 Still bottoms from toluene (T)
reclamation distillation in the
production of disulfoton.
1<037 Wastewater treatment sludges from CT)
the production of disulfoton.
1 <038 Wastewater from the washing and CT)
stripping of phorate production.
1<039 Filter cake from the filtration of CT)
diethylphosphorodithioic acid in
the production of phorate.
1 <040 Wastewater treatment sludge from CT)
the production of phorate.
1 <041 Wastewater treatment sludge from CT)
the production of toxaphene.
1<042 Heavy ends or distillation residues CT)
from the distillation of
tetrachlorobenzene in the
production of 2,4,5-T.
1 <043 2,6—Dichlorophenol waste from CT)
production of 2,4-Dichlorophenol.
1 <097 Vacuum stripper discharge from CT)
the chlordane chlorinator in the
reduction of chlordane.
1 <098 Untreated process wastewater from CT)
the production of toxaphene.
1 <099 Untreated wastewater from the CT)
production of 2,4-D.
1 <123 Process wastewater Cincluding CT)
supernates, filtrates, and
washwaters) from the production
of ethylenebisdithiocarbamic
acid and its salts.
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K124 Reactor vent scrubber water from (C,T)
the production of ethylenebisdith-
iocarbamic acid and its salts.
1 <125 Filtration, evaporation, and CT)
centrifugation solids from the
production of ethylenebisdithio-
carbamic acid and its salts.
1<126 Baghouse dust and floor sweepings CT)
in milling and packaging
operations from the production or
formulation of ethylenebisdithio—
carbamic acid and its salts.
1<131 Wastewater from the reactor CC,T)
and spent sulfuric acid from the
add dryer from the production of
methyl bromide.
1<132 Spent absorbent and wastewater CT)
separator solids from the
production of methyl bromide.
Explosives:
1<044 Wastewater treatment sludges from CR)
the manufacturing and processing of
explosives.
1<045 Spent carbon from the treatment of CR)
wascewater containing explosives.
1<046 Wastewater treatment sludges from CT)
the manufacturing, formulation
and loading of lead—based
initiating compounds -
1<047 Pink/red water from TNT CT)
operations.
Petroleum Refining:
1<048 Dissolved air flotation CDAF) CT)
float from the petroleum refining
industry.
1<049 Slop oil emulsion solids from the CT)
petroleum refining industry.
1<050 Heat exchanger bundle cleaning CT)
sludge from the petroleum
refining industry.
1<051 API separator sludge from the CT)
petroleum refining industry.
1<052 Tank bottoms Cleaded) from the CT)
petroleum refining industry.
Iron and Steel:
1<061 Emission control dust/sludge from CT)
the primary production of steel
in electric furnaces.
1<062 Spent pickle liquor generated by CC,T)
steel finishing operations of
facilities within the iron and
steel industry CSIC Codes 331 and
332)
Primary Copper:
1<064 Acid plant blowdown slurry/sludge CT)
resulting from the thickening of
blowdown slurry from primary
copper production.
Primary Lead:
1<065 Surface impoundment solids CT)
6 of8 12/30/99 I 46 PM
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3 I-Iazau dous Wastes From Specific Souices (Integi ated) hap //www2 ihscnv com/pioducts cgi/ledst i 9 whcu c=(ftcid%3d839)&cr I &i date 199911
contained in and dredged from
surface impoundments at primary
lead smelting facilities.
Primary Zinc:
1 <066 Sludge from treatment of process CT)
wastewater and acid plant blowdown
from primary zinc production.
Primary Aluminum:
1 <088 Spent potliners from primary CT)
aluminum reduction.
Ferroalloys:
1 <090 Emission control dust or sludge CT)
from ferrochromiumsilicon
production.
1 <091 Emission control dust or sludge CT)
from ferrochromium production.
The listing of wastes 1 <064, 1 <065, 1<066, 1<088, 1 <090 and 1 <091 as
hazardous wastes shall become applicable to persons who generate or
manage such wastes after May 22, 1990.
Secondary Lead:
1 <069 Emission control dust/sludge from CT)
secondary lead smelting.
1 <100 Waste leaching solution from acid CT)
leaching of emission control dust/
sludge from secondary lead
smelting.
Veterinary Pharmaceuticals:
1 <084 Wastewater treatment sludges CT)
generated during the production
of veterinary pharmaceuticals
from arsenic or organoarsenic
compounds.
1<101 Distillation tar residues from the CT)
distillation of aniline—based
compounds in the production of
veterinary pharmaceuticals from
arsenic or organoarsenic
compounds.
1<102 Residue from the use of activated CT)
carbon for decolorization in the
production of veterinary
pharmaceuticals from arsenic or
organoarsenic compounds.
Ink Formulation:
1<086 solvent washes and sludges, CT)
caustic washes and sludges, or
water washes and sludges from
cleaning tubs and equipment used
in the formulation of ink from
cleaning tubs and equipment used
in the formulation of ink from
pigments, driers, soaps, and
stabilizers containing chromium
and lead.
Coking:
1 <060 Ammonia still lime sludge from CT)
7 n 18 I2/30/99 I 46 I’M
-------
3 I lazardous Wastcs irorn Spcciiic Sources (Integrated)
http //www2 ihsenv corn/products cgi/fedst i wherc=(ft_cid%3d839)&cr I &r_daic= 199911
coking operations.
K087 Decanter tank tar sludge from (T)
coking operations.
K141 Process residues from the recovery (T)
of coal tar, including, but not
limited to, collecting sump
residues from the production of
coke from coal or the recovery of
coke byproducts produced from coal
The listing does not K087 (decanter
tank tar sludges from coking
operations)
K 142 Tar storage tank residues from the (T)
production of coke from coal or from
the recovery of coke byproducts
produced from coal
K143 Process residues from the recovery of(T)
light oil, including, but not limited
to, those generated in stills,
decanters, and wash oil recovery
units from the recovery of coke
byproducts produced from coal
K144 Wastewater sump residues from light (1)
oil refining, including, but not
limited to, intercepting or contami-
nation sump sludges from the recovery
of coke byproducts produced from coal
K145 Residues from naphthalene collection (T)
and recovery operations from the
recovery of coke byproducts produced
from coal
K 147 Tar storage tank residues from coal (T)
tar refining
K 148 Residues from coal tar distillation, (T)
including, but not limited to, still
bottoms
Copyright © 1999 JHS Environmental Information, Inc.
All Rights Reserved.
8 oi 8
i2/30/99 I 46 PM
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fi
ff O : ‘
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RCRA PARALLEL CITATIONS FOR MILSSISSLPPI
TOPIC
CFR
Miss. Reg. x
Hazardous Waste
Management System
260 1 and 260 2
260.10 (definitions)
260- adopts Federal Regs
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261 1
261- adopts Federal Regs
“solid waste” definition
261.2
261
“hazardous waste” definition
261.3
261
“solid waste” exclusions
261.4
261
requirements for CESQG
261 5
261
criteria for identifying
characteristics of hazardous
waste
261 10
261
criteria for listing hazardous
waste
261 11
261
characteristics of hazardous
waste
261 20-261.24
261
lists of hazardous wastes
261 30-26 1 32
261
Mississippi, Final Authorization of State Hazardous Waste Management Program
• 49 FR 24377 (6/13/84)
• effective date 6/27/84
-------
49 FR 24377-01 Page 9
1984 WL 129440 (FR.)
(Cite as: 49 FR 24377)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
LOS W-FRL 2606-7]
40 CFR I’art 271
Mississippi; Decision on Final Authorization of State Hazardous Waste
Management Program
Wednesday, June 13, 1984
*24377 AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination on Mississippi’s application for final authorization.
SUMMARY: This notice announces EPA’s decision to grant final authorization to the State of Mississippi to operate
its hazardous waste program in lieu of the Federal program. EPA has reviewed Mississippi’s application and has
reached a final determination that Mississippi’s hazardous waste program satisfies all of the requirements necessary
for final authorization. This means that Mississippi now has the responsibility for permitting treatment, storage and
disposal facilities within its borders and for carrying out all other aspects of the Resource Conservation and Recovery
Act (RCRA) program. Mississippi also has primary enforcement responsibility, although EPA retains the right to
take enforcement action under Section 3008 of RCRA.
EFFECTIVE DATE: Final Authorization for Mississippi shall be effective at 1:00 p.m. on June 27, 1984.
FOR FURTHER INFORMATION CONTACT:Allan E. Antley, Chief, Waste Planning Section, Residuals
Management Branch, Air and Waste Management Division,
U.S. Environmental Protection Agency, 345 Courtland Street NE., Atlanta, Georgia 30365, (404) 881-3016.
SUPPLEMENTARY INFORMATION: Section 3006 of the Resource Conservation and Recovery Act (RCRA)
allows the Environmental Protection Agency (EPA) to authorize state hazardous waste management programs to
operate in the state in lieu of the Federal program. To qualify for final authorization, a State’s program must: (1) Be
“equivalent” to the Federal program, (2) be consistent with the Federal program and other State programs, and (3)
provide for adequate enforcement (Section 3006(b) of RCRA, 42 U.S.C. 6226(b)).
On December 22, 1983, Mississippi submitted a complete application to obtain final authorization to administer an
RCRA program. On March 19, 1984, EPA published a tentative decision announcing its intent to grant Mississippi
final authorization. Further background on the tentative decision appears at 49 FR 10131, March 19, 1984.
Along with the tentative determination, EPA announced the availability of the State’s application for public review
and comment and the date of a public hearing on the application. The public hearing was held on May 1, 1984. At
the public hearing, one commenter questioned the State’s objectivity and the policy of working closely with various
facilities during the permitting process. This is not contrary to Agency policy which encourages the states to work
closely with the regulated community in order to familiarize them with the complex permit requirements. Another
commenter spoke against a proposed landfill facility, but this comment did not pertain to fmal state authorization.
To date, all RCRA hazardous waste management permits in Mississippi have been issued by the State under the
authority granted to the State during interim authorization. Therefore, there will be no change in the status of permits
or permitting authority on the effective date of this rule.
Copr. C) West 1999 No Claim to Orig. U.S. Govt. Works
-------
49 FR 24377-01 Page 10
(Cite as: 49 FR 24377, *24377)
Mississippi is not authorized by the Federal government to operate the RCRA program on Indian Lands and this
authority will remain with EPA.
Decision
After reviewing the public comments, I conclude that Mississippis application for final authorization meets all of the
regulatoiy and statutory requirements established by RCRA. Accordingly, Mississippi is granted final authorization to
operate its hazardous waste management program. This means that Mississippi now has the responsibility for
permitting treatment, storage and disposal facilities within its borders and for carrying out all other aspects of the
RCRA program. Mississippi also has primary enforcement responsibility, although EPA retains the right to take
enforcement action under section 3008 of RCRA.
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this rule from the requirements of section 3 of Executive Order
12291.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that this authorization will not have a significant
economic impact on a substantial number of entities. This authorization effectively suspends the applicability of
certain Federal regulations in favor of Mississippis program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new burdens on small entities. This rule, therefore,
does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous materials, Indian lands, Reporting and recordkeeping requirements, Waste treatment and disposal,
Intergovernmental relations, Penalties, Confidential business information.
Authority: This notice is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b), and EPA delegation 8-7.
Dated: May 18, 1984.
Howard D. Zeller,
Acting Regional Administrator.
[ FR Doc. 84-15823 Filed 6-12-84; 8:45 amj
BILLING CODE 6560-50-M
49 FR 24377-01, 1984 WL 129440 (F.R.)
END OF DOCUMENT
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF POLLUTION CONTROL
HAZARDOUS WASTE MANAGEMENT REGULATIONS
Adopted
on
April 23, 1998
Effective
on
June 1, 1998
1
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MISSISSIPPI
HAZARDOUS WASTE MANAGEMENT REGULATIONS
Part 260 - Hazardous Waste Management System: General
The definition of terms found in this regulation shall have the
meaning as defined in the EPA Hazardous Waste Regulations (40 CFR
260; 45 FR 12724, February 26, 1980, Effective August 26, 1980;
Revised by 45 FR 33073, May 19, 1980, Effective November 19, 1980;
45 FR 72028, October 30, 1980; 45 FR 76075, November 17, 1980; 45
FR 76630, November 19, 1980; 45 FR 86968, December 31, 1980; 45 FR
2348, January 9, 1981; 46 FR 27476, May 20, 1981; 46 FR 35247,
July 7, 1981; 47 FR 32349, July 26, 1982; 48 FR 2511, January 19,
1983; 48 FR 14153, April 1, 1983; 49 FR 47391, 49 FR 10500, March
20, 1984, Effective September 20, 1984; December 4, 1984; 50 FR
661, January 4, 1985; 50 FR 14219, April 11, 1985; 50 FR 18374,
April 30, 1985; 50 FR 28742, July 15, 1985; 51 FR 10174, March 24,
1986, Effective September 22, 1986; 51 FR 16443, May 2, 1986,
Effective October 29, 1986; 51 FR 25470, July 14, 1986, Effective
January 12, 1987; 51 FR 28682, August 8, 1986, Effective November
8, 1986; 51 FR 40636, November 17, 1986, Effective November 8,
1986; 52 FR 8073, March 16, 1987; 52 FR 41295, October 27,1987; 52
FR 46963, December 10, 1987, Effective January 11, 1988; 53 FR
27301, July 19, 1988, 53 FR 34086, September 2, 1988; 54 FR 26198,
June 22, 1989; 54 FR 27116, June 27, 1989; 55 FR 2322, January 23,
1990, Effective July 23, 1990; 55 FR 8948, March 9, 1990; 55 FR
25454, June 21, 1990, Effective December 21, 1990; 55 FR 7134,
February 21, 1991, Effective August 21, 1991; 56 FR 32688, July 17,
1991, Effective August 21, 1991; 56 FR 66368, December 23 1991,
Effective June 23, 1992; 57 FR 3486, January 29, 1992, Effective
July 29, 1992; 54 FR 40266, September 29, 1989, Effective October
30, 1989; 57 FR 37262, August 18, 1992, Effective November 16,
1992; 57 FR 38564, August 25, 1992, Effective August 11, 1992; 57
FR 39275, August 28, 1992; 57 FR 41173, September 9, 1992; 57 FR
41611, September 10, 1992, Effective March 8, 1993; 57 FR 54452,
November 18, 1992, Effective May 18, 1993; 55 FR 50482, December
6,1990, Effective January 1,1994; 58 FR 8682, February 16, 1993,
Effective April 19, 1993; 58 FR 46049, August 31, 1993; 59 FR 468,
January 4, 1994; 59 FR 28484, June 2, 1994; 59 FR 48041, September
19, 1994; 59 FR 62926, December 6, 1994, Effective June 5, 1995; 60
FR 3095, January 13, 1995; 60 FR 17004, April 4, 1995; 60 FR
25540, May 11, 1995; 60 FR 35452, July 7, 1995; 61 FR 16309, April
12,1996, Effective July 11, 1996; 62 FR 6650, February 12, 1997,
Effective August 12, 1997; 62 FR 32462, June 13, 1997), except
those like terms defined differently in the Mississippi Code,
Section 17-17-3. Wherever the term Administrator or Regional
Administrator is used in the EPA regulation, the term shall have
2
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the meaning of Executive Director of the Mississippi Department of
Environmental Quality, except at 40 CFR 268.5, 268.6, 268.42(b),
268.44, 262.53, 263.53(b), 262.54(g)(l), 262.54(i), 262.55,
262.56(a), 262.57(b), and 263.20(g) (4).
For the purpose of these regulations, the following definitions
also apply:
(1) Perpetual Care Period - that period of time following the
post—closure period.
(2) Commercial Hazardous Waste Landfill - any hazardous waste
landfill disposing of more than one type of hazardous waste
from more than one site.
(3) Commercial Hazardous Waste Management Facility - any
facility engaged in the storage, treatment, recovery, or
disposal of hazardous waste for a fee and which accepts
hazardous waste from more than one (1) generator.
Part 261 - Identification and Listing of Hazardous Waste
Hazardous waste is identified and listed in this regulation as is
found in Part 261 of the EPA Hazardous Waste Regulations (40 CFR
261; 45 FR 33119, May 19, 1980, Effective November 19, 1980,
amended by 45 FR 47833, July 16, 1980; 45 FR 72028, 72037, 72039,
72041, October 30, 1980; 45 FR 74890, November 12, 1980; 45 FR
76620, 76623, November 19, 1980; 45 FR 78529, 78531, 78541,
November 25, 1980; 45 FR 80287, December 4, 1980; 46 FR 4617,
January 16, 1981; 46 FR 27476, May 20, 1981; 45 FR 29708, June 3,
1981; 46 FR 34587, July 2, 1981; 46 FR 35247, July 7, 1981; 46 FR
44972, September 8, 1981; 46 FR 47429, September 25, 1981; 46 FR
56588, November 17, 1981; 47 FR 36097, August 18, 1982; 48 FR 2532,
January 20, 1983; 48 FR 14153, April 1, 1983; 48 FR 15256, April 8,
1983; 48 FR 30115, June 30, 1983; 49 FR 44980, November 13, 1984;
50 FR 661, January 4, 1985; 50 FR 1999, January 14, 1985; 50 FR
14219, April 11, 1985; 50 FR 20238, May 15, 1985; 50 FR 28742,
July 15, 1985; 50 FR 33541, August 20, 1985; 49 FR 5313, February
10, 1984; 50 FR 42942, October 23, 1985; 50 FR 49202, November 29,
1985, Effective March 31, 1986; 50 FR 53319, December 31, 1985,
Effective January 30, 1986; 51 FR 2702, January 21, 1986; 51 FR
2702, January 21, 1986; 51 FR 5330, February 13, 1986, Effective
August 13, 1986; 51 FR 6541, February 25, 1986, Effective August
25, 1986; 51 FR 10174, March 24, 1986, Effective September 22,
1986; 51 FR 19322, May 28, 1986; 51 FR 25471, July 14, 1986; 51 FR
28297, August 6, 1986; 51 FR 28682, August 8, 1986, Effective
November 8, 1986; 51 FR 33612, September 22, 1986; 51 FR 37728,
October 24, 1986; 51 FR 40636, November 7, 1986, Effective November
8, 1986; 52 FR 11821, April 13, 1987; 52 FR 21306, June 5, 1987; 52
FR 26012, July 10, 1987; 52 FR 28698, August 3, 1987, Effective
3
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September 2, 1987; 53 FR 13382, April 22, 1988; 53 FR 27163, July
19, 1988; 53 FR 27301, July 19, 1988; 53 FR 35420, September 13,
1988; 53 FR 43878, October 31, 1988; 54 FR 36592, September 1,
1989, Effective March 1, 1990; 55 FR 2322, January 23, 1990,
Effective July 23, 1990; 55 FR 5340, February 14, 1990; 55 FR 8948,
March 9, 1990; 55 FR 11798, March 29, 1990, Effective September 25,
1990; 55 FR 18496, May 2, 1990, Effective November 2, 1990; 55 FR
18726, May 4, 1990; 55 FR 22520, June 1, 1990; 55 FR 23634, June
11, 1990; 55 FR 25454, June 21, 1990, Effective December 21, 1990;
55 FR 26986, June 29, 1990, Effective September 25, 1990; 55 FR
31387, August 2, 1990; 55 FR 32733, August 10, 1990; 55 FR 39409,
September 27, 1990; 55 FR 40834, October 5, 1990; 55 FR 46354,
November 2, 1990, Effective May 2, 1991; 55 FR 51707, December 17,
1990; 55 FR 3864, January 31, 1991; 56 FR 5910, February 13, 1991;
56 FR 7134, February 21, 1991, Effective August 21, 1991; 56 FR
7567, February 25, 1991; 49 FR 19923, May 10, 1984; 49 FR 23287,
June 5, 1984; 49 FR 44980, November 13, 1984; 56 FR 13411, April 2,
1991, Effective March 25, 1991; 56 FR 32688, July 17, 1991,
Effective August 21, 1991; 56 FR 42511, August 27, 1991, Effective
August 21, 1991; 56 FR 27318, June 13, 1991, Effective July 15,
1991; 56 FR 41176, August 19, 1991, Effective August 8, 1991; 57 FR
12, January 2, 1992, Effective January 13, 1992; 54 FR 40266,
September 29, 1989, Effective October 30, 1989; 57 FR 7632, March
3 1992, Effective February 18, 1992; 57 FR 21532, May 20, 1992,
Effective June 19, 1992; 57 FR 27888, June 22, 1992; 57 FR 29220,
July 1, 1992; 57 FR 30657, July 10, 1992; 57 FR 37262, August 18,
1992, Effective November 16, 1992; 57 FR 37305, August 18, 1992,
Effective February 18, 1993; 57 FR 38564, August 25, 1992,
Effective August 11, 1992; 57 FR 39275, August 28, 1992; 57 FR
41173, September 9, 1992; 57 FR 41611, September 10, 1992,
Effective March 8, 1993; 57 FR 47385, October 15, 1992, Effective
April 15, 1993; 55 FR 50482, December 6, 1990, Effective January 1,
1994; 56 FR 30195, July 1, 1991, Effective January 1, 1994; 57 FR
55117, November 24, 1992; 57 FR 61502, December 24, 1992, Effective
January 1, 1994; 58 FR 6854, February 2, 1993; 58 FR 26424, May 3,
1993, Effective March 8, 1993; 58 FR 46049, August 31, 1993; 59 FR
468, January 4, 1994; 59 FR 8365, February 18, 1994; 59 FR 31551,
June 20, 1994; 59 FR 38545, July 28, 1994; 59 FR 48041, September
19, 1994; 60 FR 7848, February 9, 1995, Effective August 9, 1995;
60 FR 19165, April 17, 1995; 60 FR 25540, May 11, 1995; 60 FR
25620, May 12, 1995, Effective August 9, 1995; 60 FR 33913, June
29, 1995; 61 FR 13106, March 26, 1996, Effective May 28, 1996; 61
FR 16309, April 12, 1996, Effective July 11, 1996; 61 FR 34278
July 1, 1996, Effective January 1, 1998; 61 FR 59950, November 25,
1996; 62 FR 6650, February 12, 1997, Effective August 12, 1997; 62
FR 32977, June 17, 1997) , and all subsequent amendments to this
part.
Part 262 - Standards Applicable to Generators of Hazardous Waste
4
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Generators of hazardous waste in Mississippi shall meet the
requirements of Part 262 as published in the EPA Hazardous Waste
Regulations (40 CFR 262; 45 FR 12732, February 26, 1980, Effective
August 26, 1980; Revised by 45 FR 33142, May 19, 1980, Effective
November 19, 1980; 45 FR 76624, 76626, November 19, 1980; 45 FR
78529, November 25, 1980; 45 FR 86970, 86973, December 31, 1980; 46
FR 8395, January 26, 1981; 46 FR 1251, January 11, 1982; 47 FR
7841, February 23, 1982; 47 FR 44938, October 12, 1982; 48 FR 3981,
January 28, 1983; 48 FR 13027, March 29, 1983; 48 FR 14293,
April 1, 1983; 49 FR 49571, December 20, 1984; 50 FR 28742,
July 15, 1985; 51 FR 10175, March 24, 1986, Effective September 22,
1986; 51 FR 25472, July 14, 1986, Effective January 12, 1987; 51 FR
28682, August 8, 1986, Effective November 8, 1986; 51 FR 35192,
October 1, 1986, Effective September 22, 1986; 49 FR 10500, March
20, 1984, Effective September 20, 1984; 51 FR 40637, November 7,
1986, Effective November 8, 1986; 52 FR 25787, July 8, 1987; 52 FR
35898, September 23, 1987; 53 FR 27164, July 19, 1988; 53 FR 37583,
September 27, 1988; 53 FR 45089, November 8, 1988; 54 FR 7036,
February 16, 1989; 55 FR 2322, January 23, 1990, Effective July 23,
1990; 55 FR 22520, June 1, 1990; 57 FR 37262, August 18, 1992,
Effective June 20, 1992; 57 FR 39275, August 28, 1992; 57 FR 41173,
September 9, 1992; 55 FR 50482, December 6, 1990, Effective January
1, 1994; 56 FR 30195, July 1, 1991, Effective January 1, 1994; 59
FR 62926, December 6, 1994, Effective June 5, 1995; 60 FR 25540,
May 11, 1995; 60 FR 35452, July 7, 1995, 61 FR 4911, February 9,
1996, Effective June 6, 1996, 61 FR 16309, April 12, 1996,
Effective July 11, 1996; 61 FR 59950, November 25, 1996; 62 FR
6650, February 12, 1997, Effective August 12, 1997)
Part 262.51 - Annual Reporting
Each generator of greater than two hundred twenty (220) pounds of
hazardous waste in any calendar month during the previous calendar
year shall report annually by March 1 of each calendar year to the
Department, on forms provided by the Department, the type and
amount of hazardous waste generated during the preceding calendar
year.
Part 263 - Standards Applicable to Transporters of Hazardous Waste
Transporters of hazardous waste in and through Mississippi shall
meet all the requirements of Part 263 of the EPA Hazardous Waste
Regulations (40 CFR 263; 45 FR 12743, February 26, 1980, Effective
August 26, 1980; Revised by 45 FR 33151, May 19, 1980, Effective
November 19, 1980; 45 FR 85022, December 24, 1980; 45 FR 86968,
86973, December 31, 1980; 48 FR 14153, April 1, 1983; 51 FR 10176,
5
-------
March 24, 1986, Effective September 22, 1986; 51 FR 28685, August
8, 1986, Effective November 8, 1986; 51 FR 40637, November 7, 1986,
Effective November 8, 1986; 61 FR 16309, April 12, 1996, Effective
July 11, 1996; 62 FR 6650, February 12, 1997, Effective August 12,
1997), and all other applicable requirements of the Mississippi
Public Service Commission and the U. S. Department of
Transportation.
Part 263.Sl - Annual Reporting
Each transporter of hazardous waste shall report annually by March
1 of each calendar year to the Department, on forms provided by the
Department, the transporter’s location, mailing address, and
contact person.
Part 264 - Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities
Owners and operators of hazardous waste treatment, storage, and
disposal facilities in Mississippi shall design, construct,
operate, close, and maintain such facilities in accordance with the
requirements found in Part 264 of the EPA Hazardous Waste
Regulations (40 CFR 264; 45 FR 33221, May 19, 1980, Effective
November 19, 1980; Amended by 45 FR 76075, November 17, 1980; 45 FR
76630, November 19, 1980; 45 FR 86968, 86970, 86973, December 31,
1980; 46 FR 2847, January 12, 1981; 46 FR 7670, January 23, 1981;
46 FR 8395, January 26, 1981; 46 FR 18025, March 23, 1981; 46 FR
27476, May 20, 1981; 46 FR 35247, July 7, 1981; 46 FR 55112,
November 6, 1981; 46 FR 57285, November 23, 1981; 47 FR 8306,
February 25, 1982; 47 FR 7841, February 23, 1982; 47 FR 10006,
March 9, 1982; 47 FR 15032, April 7, 1982; 47 FR 16544, April 16,
1982; 47 FR 17989, April 27, 1982; 47 FR 19995, May 10, 1982; 47 FR
27531, June 24, 1982; 47 FR 32349, July 26, 1982; 47 FR 44938,
October 12, 1982; 48 FR 2511, January 19, 1983; 48 FR 3981,
January 28, 1983; 48 FR 14293, April 1, 1983; 48 FR 30115, June 30,
1983; 50 FR 661, January 4, 1985; 50 FR 1999, January 14, 1985; 50
FR 18374, April 30, 1985; 50 FR 28742, July 15, 1985; 50 FR 49203,
November 29, 1985, Effective March 31, 1986; 51 FR 16443, May 2,
1986, Effective October 29, 1986; 51 FR 25354, July 11, 1986,
Effective September 9, 1986; 51 FR 25472, July 14, 1986, Effective
January 12, 1987; 51 FR 28556, August 8, 1986; 51 FR 29430, August
15, 1986; 51 FR 40637, November 7, 1986, Effective November 8,
1986; 52 FR 21016, June 4, 1987; 52 FR 25787, July 8, 1987; 52 FR
25946, July 9, 1987, Effective September 28, 1987; 52 FR 44320,
6
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November 18, 1987, Effective December 18, 1987; 52 FR 45798,
December 1, 1987; 52 FR 46963, December 10, 1987, Effective January
11, 1988; 53 FR 7740, March 10, 1988; 53 FR 27164, July 19, 1988;
53 FR 31211, August 17, 1988; 53 FR 34086, September 2, 1988; 53 FR
39728, October 11, 1988; 54 FR 26198, June 22, 1989; 54 FR 26647,
June 23, 1989; 54 FR 33393, August 14, 1989; 55 FR 11798, March 29,
1990, Effective September 25, 1990, 55 FR 19262, May 9, 1990; 55 FR
22520, June 1, 1990; 55 FR 25454, June 21, 1990, Effective December
21, 1990; 55 FR 25978, June 26, 1990; 55 FR 26986, June 29, 1990,
Effective September 25, 1990; 55 FR 31387, August 2, 1990; 55 FR
32733, August 10, 1990; 55 FR 39409, September 27, 1990, Effective
September 25, 1990; 56 FR 7134, February 21, 1991, Effective August
21, 1991; 56 FR 19290, April 26, 1991, Effective December 21, 1990;
56 FR 32688, July 17, 1991, Effective August 21, 1991; 56 FR 30200,
July 1, 1991; 57 FR 3486, January 29, 1992, Effective July 29,
1992; 57 FR 8088, March 6, 1992; 53 FR 37934, September 28, 1988;
57 FR 37262, August 18, 1992, Effective February 18, 1993; 57 FR
38564, August 25, 1992, Effective August 11, 1992; 57 FR 39275,
August 28, 1992; 57 FR 41173, September 9, 1992; 57 FR 42835,
September 16, 1992; 57 FR 54452, November 18, 1992, Effective May
18, 1993; 55 FR 50482, December 6, 1990, Effective January 1, 1994;
56 FR 30195, July 1, 1991, Effective January 1, 1994; 57 FR 61502,
December 24, 1992, Effective January 1, 1994; 58 FR 8682, February
16, 1993, Effective April 19, 1993; 58 FR 26424, May 3, 1993,
Effective March 8, 1993; 58 FR 29884, May 24, 1993, Effective May
10, 1993; 58 FR 46049, August 31, 1993; 59 FR 13891, March 24,
1994; 59 FR 29959, June 10, 1994, Effective August 9, 1994; 59 FR
48041, September 19, 1994; 59 FR 62926, December 6, 1994, Effective
June 5, 1995; 60 FR 25540, May 11, 1995; 60 FR 26828, May 19, 1995,
Effective December 6, 1995; 60 FR 35452, July 7, 1995; 60 FR 35705,
July 11, 1995, Effective September 11, 1995; 60 FR 50428, September
29, 1995, Effective December 6, 1995; 61 FR 4911, February 9, 1996,
Effective June 6, 1996; 61 FR 16309, April 12, 1996, Effective July
11,1996; 61 FR 59950, November 25, 1996; 62 FR 6650, February 12,
1997, Effective August 12, 1997; 62 FR 32462, June 13, 1997; 62 FR
64656, December 8, 1997),and all conditions of any additional
siting requirements stated in this part.
Part 264.S1 - Annual Reporting
The owner or operator of any facility for the treatment, storage,
recycling, or disposal of hazardous waste shall report by March 1
of each calendar year to the Department, on forms provided by the
Department, the types and amounts of hazardous waste treated,
stored, recycled, and/or disposed during the preceding calendar
year.
Part 264.S2 - Location Standards for the Establishment or Expansion
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of Hazardous Waste Management Facilities.
1. Applicability.
These regulations shall apply to (1) hazardous waste permit
applications pending before the Mississippi Department of
Environmental Quality on the effective date of these regulations
and (2) hazardous waste permit applications submitted to the
Mississippi Department of Environmental Quality after the
effective date of these regulations.
2. Definitions.
For purposes of this section (264.S2), all words and phrases not
defined herein shall have the meanings ascribed to them in
Section 17—17-3 of the Mississippi Code unless the context
clearly indicates otherwise. Terms not defined either herein
or in Section 17-17—3 of the Mississippi Code shall have their
ordinary meanings unless such terms have a specialized meaning
within the hazardous waste field. Terms having such a
specialized meaning are to be given that specialized meaning
unless otherwise defined herein or in Section 17-17-3 of the
Mississippi Code.
“Active portion of the facility” means that portion of the
facility where treatment, storage, or disposal operations are
being or have been conducted and which is not a closed portion.
“Airport” means a public-use airport open to the public without
prior permission and without restrictions within the physical
capacities of available facilities.
“Aquifer” means a geological formation, group of formations, or
portion of a formation capable of yielding significant
quantities of groundwater to wells or springs.
“Areas susceptible to mass movement” means those areas of
influence (i.e., areas characterized as having an active or
substantial possibility of mass movement) where the movement of
earth material at, beneath, or adjacent to the unit, because of
slope stability or other natural or man-induced events, results
in the downslope transport of soil and rock material by means
of gravitational influence. Areas of mass movement include, but
are not limited to, landslides, avalanches, debris slides and
flows, soil fluction, block sliding, and rock fall.
“Closed portion” means that portion of a facility which has
closed in accordance with the facility closure plan and all
applicable closure requirements.
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“Department” means the Mississippi Department of Environmental
Quality.
“Displacement” means the relative movement of any two sides of
a fault measured in any direction.
“Endangered or threatened species” means any species listed as
such pursuant to the Federal Endangered Species Act of 1973, as
amended, or as defined by Section 49—5—105, Mississippi Code of
1972.
“Facility” means all contiguous land, and structures, other
appurtenances, and improvements on the land, used for treating,
storing, or disposing of hazardous waste. A facility may
consist of several treatment, storage, or disposal operational
units (e.g., one or more landfills, surface impoundments, or
combinations of them).
“Fault” means a fracture or a zone of rock fractures in material
along which strata on one side have been displaced with respect
to those on the other side.
“Holocene” means the most recent geologic epoch of the
Quaternary Period, from the end of the Pleistocene Epoch to the
present.
“Horizontal ground acceleration” means the maximum change in
velocity over time relative to horizontal movement of the
earth’s surface as measured at a particular point during an
earthquake.
“Incinerator” means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the
criteria of classification as a boiler, sludge dryer, or
carbon regeneration unit, nor is listed as an industrial
furnace as these terms are defined in 40 CFR 260.10; or
(2) Meets the definition of infrared incinerator or plasma arc
incinerator established in 40 CFR 260.10.
“Karst Terranes” means areas where karst topography, with its
characteristic surface and subterranean features, is developed
as the result of dissolution of limestone, dolomite, or other
soluble rock. Characteristic physiographic features present in
karst terranes include, but are not limited to, sinkholes,
sinking streams, caves, large springs, and blind valleys.
“Lake or reservoir” means a body of water, not owned by the
applicant, having greater than ten (10) acres of surface area
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at such time as the spillway overflows and the primary purpose
of which is not for wastewater storage or treatment.
“Land—Based Unit” means a unit subject to Mississippi Hazardous
Waste Management Regulations Part 264, Subpart F, including
landfills, surface impoundments, waste piles, land treatment
units, and certain hazardous waste management units subject to
Part 264, Subpart F. Land based unit also means a tank that
closes under Mississippi Hazardous Waste Management Regulation
264.197(b), leaving contaminated soils in place.
“Mass movement” means any downslope unit movement of earth
materials, including, but not necessarily restricted to,
landslides, avalanches, debris slides and flows, creep,
solifluction, blocksliding, rock falls, and slump.
“Nonattainment area” means an area which is shown by monitored
data or which is calculated by air quality modeling to exceed
any national ambient air quality standard.
“Non—Land Based Unit” means any hazardous waste management unit
not subject to Subpart F of Part 264.
“100—year-flood” means a flood that has a 1-percent or greater
chance of recurring in any given year or a flood of a magnitude
equalled or exceeded once in 100 years on the average over a
significantly long period.
“100-year floodplain” means any land area which is subject to
a one percent or greater chance of flooding in any given year
from any source.
“Ordinary waste” means “garbage” as that term is defined in
Section 17—17—3 of the Mississippi Code.
“Outcrop” means that part of a geologic formation or structure
that appears at the surface of the Earth; also, bedrock that is
covered only by surficial deposits such as alluvium.
“Permit Board” means the Mississippi Environmental Quality
Permit Board.
“Poor foundation conditions” means those areas where features
exist which indicate that a natural or man-induced event may
result in inadequate foundation support for the structural
components of a land-based or non-land-based unit.
“Seismic impact zone” means an area with a ten percent or
greater probability that the maximum horizontal acceleration in
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lithified earth material will equal or exceed 0.lOg (expressed
as a fraction of the earth’s gravitational pull (g))in 250
years.
“7QlO flow” means the average streamfiow rate over seven (7)
consecutive days that may be expected to be reached as an annual
minimum no more frequently than one (1) year in ten (10)
“Stream or river” means a flowing body of water with a 7Q10 flow
greater than zero.
“Structural integrity” means the ability of a unit to withstand
physical forces exerted upon designed components, ancillary
devices, and containment structures of the unit.
“Surf icial deposit” means unconsolidated and residual, alluvial,
or glacial deposits, lying on bedrock or occurring on or near
the earth’s surface.
“Unstable area” means a location that is susceptible to natural
or human-induced events or forces capable of impairing the
structural integrity of a commercial hazardous waste management
facility constructed at the location. Unstable areas can
include, but are not limited to, areas exhibiting poor
foundation conditions, areas susceptible to mass movement, and
Karst terranes.
“Water well or special purpose hole” means a well or hole
including but not necessarily limited to, a potable well,
agricultural well, monitoring well, observation well, saline or
brackish water withdrawal well, contaminant recovery well, heat
pump water supply hole, vertical closed-loop system hole,
industrial supply well, or a rig supply well.
“Zone of deformation” means the area adjacent to and surrounding
a fault which is subject to structural deformation as a result
of movement along the fault. Geologic features that may occur
in a zone of deformation may include, but are not limited to,
splay or satellite faults, gouge zones, en echelon fault
clusters, and deformed strata.
3. Hydrological and Geological Factors.
3.1 Floodplains.
No commercial hazardous waste management facility shall
be established or expanded in a 100-year floodplain
unless the permit applicant can demonstrate to the
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satisfaction of the Permit Board that the proposed
facility will not restrict the flow of the 100—year
flood, reduce the temporary water storage capacity of
the floodplain, or result in washout of hazardous waste
so as to pose a hazard to human health or the
environment.
3.2 Seismic Considerations.
a. No commercial hazardous waste management facility shall
be established or expanded such that it would be
located closer than 200 feet to any fault along which
displacement has occurred during the Holocene epoch
unless a site-specific demonstration is made showing
that any movement along the Holocene fault and in the
adjacent zone of deformation will not disrupt the
contents of any unit or damage the structural integrity
of any unit, or in any way threaten human health or the
environment. The owner or operator may be required to
perform site and regional studies to demonstrate that
the zone of deformation associated with the fault is
smaller than 200 feet.
b. No commercial hazardous waste management land-based
unit shall be established or expanded such that it
would be located in a seismic impact zone.
c. No commercial hazardous waste management facility shall
be established or expanded such that it would be
located in areas susceptible to damage caused by any
ground shaking, liquefaction, or seismic wave motion
based on approved seismic risk maps or methods, unless
it can be demonstrated that appropriate engineering
measures will be applied to ensure unit structural
integrity and to mitigate the threats posed to human
health and the environment by any ground shaking,
liquefaction, or seismic wave motion.
3.3 Unstable Areas.
No commercial hazardous waste management facility shall be
established or expanded such that it would be located in an
unstable area unless the applicant can demonstrate to the
Permit Board that the facility will be designed so that the
structural integrity of the facility will be maintained.
The applicant for a permit to establish or expand a
commercial hazardous waste management facility must
consider the following factors, at a minimum, in
determining whether an area is unstable:
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a. On-site or local soil conditions that may result in
significant differential settling;
b. On-site or local geologic or geomorphologic
features; and
c. On-site or local human-made features or events
(both surface and subsurface)
3.4 Geologic Barrier Thickness and Permeability.
No land-based commercial hazardous waste management unit
shall be established or expanded such that it would be
located in an area where a geologic barrier material of
soils or rock formations with low permeability is not
present between the unit and the upper most aquifer. This
barrier shall be at least 150 feet thick. The upper 50
feet of the geologic barrier material shall have a
saturated hydraulic conductivity averaging no greater than
lxlO-’ cm/sec , including consideration of any significant
discontinuities or lithologic changes. Hydraulic
conductivity values averaging no greater than 1 x 10-’
cm/sec. will be acceptable in the material comprising the
remainder of the geologic barrier below the 50 foot section
exhibiting the 1 x 10-’ cm/sec hydraulic conductivity values.
3.5 Presence of Hydrocarbon Test Wells and Water Wells.
a. No commercial hazardous waste management facility shall
be established or expanded such that an active,
inactive, or abandoned hydrocarbon well would be
present within or beneath the active portion of the
facility.
b. No commercial hazardous waste management facility shall
be established or expanded such that an active,
inactive, or abandoned water well or other special
purpose hole would be present within or beneath the
active portion of the facility, unless it can be
demonstrated to the satisfaction of the Permit Board
that such well or hole has been abandoned according to
all applicable State abandonment procedures and
regulations. Exceptions to this criterion include any
wells or other special purpose holes the Permit Board
determines to be necessary for the detection or removal
of contaminants within the active portion of the
facility.
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3.6 Sole Source Aquifers and Aquifer Outcrop Areas.
a. No land-based commercial hazardous waste management
facility shall be established or expanded such that it
would be located in the outcrop area of a sole source
aquifer designated by the U.S. Environmental Protection
Agency on the date the permit application is submitted
to the Department.
b. No land-based commercial hazardous waste management
facility shall be established or expanded such that it
would be located in the outcrop area of a freshwater
aquifer which has use as a present or potential source
of water for a community water system as defined in 40
CFR 141.2 of the National Primary Drinking Water
Regulations.
3.7 Surface and Subsurface Mineral Interests.
No commercial hazardous waste management facility shall be
established or expanded on any property for which the
permit applicant does not own the mineral rights within the
boundary of the proposed facility.
4. Protection of Natural Resources.
4.1 Wetlands.
No commercial hazardous waste management facility shall be
established or expanded in wetlands unless the permit
applicant obtains formal written approval regarding the
operation from the U.S. Army Corps of Engineers.
Additionally, no such facility shall be established or
expanded in coastal wetlands unless the applicant obtains
formal written concurrence, as required by Mississippi law,
from the Bureau of Marine Resources of the Mississippi
Department of Wildlife, Fisheries, and Parks.
4.2 Endangered or Threatened Species.
No commercial hazardous waste management facility shall be
established or expanded unless in compliance with all
statutes, rules, and regulations concerning protection of
endangered or threatened species within the jurisdiction of
the U. S. Fish and Wildlife Service and the Mississippi
Department of Wildlife, Fisheries, and Parks.
4.3 Significant Historical and Archaeological Areas.
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No commercial hazardous waste management facility shall be
established or expanded in such a manner as to impact
significantly and adversely cultural resources listed in or
eligible for listing in the National Register of Historic
Places, unless impact to those cultural resources may be
appropriately mitigated.
4.4 Parks and Recreational Areas.
a. No commercial hazardous waste management facility
shall be established or expanded such that it would be,
on the date the application is submitted to the
Department, located within 0.5 miles of any of the
following areas, without the specific written consent
of the agency responsible for managing such area:
(1) A national, state, or city designated park; or
(2) An outdoor recreational area, such as a golf course
or swimming pool, owned by a city, county, or other
public agency.
b. A greater setback distance may be established by the
Permit Board on a site specific basis.
4.5 Forests, Wilderness Areas, Wildlife Management Areas, and
Natural Areas
a. No commercial hazardous waste management facility shall
be established or expanded such that it would be, on
the date the permit application is submitted to the
Department, located within any of the following areas,
without the specific written consent of the person
responsible for managing such area:
(1) National forest land, national wilderness areas,
and national wildlife refuge areas, as designated
by the appropriate federal agency; or
(2) State wildlife management areas, state game
management areas, and state natural areas, as
designated by the Mississippi Department of
Wildlife, Fisheries and Parks.
b. A setback distance may be established by the Permit
Board on a site specific basis.
4.6 Surface Waters.
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a. No commercial hazardous waste management facility shall
be established or expanded such that the active portion
of the facility would be located within 0.5 mile of the
banks of any section of a river, stream, lake, or
coastal waters classified by the Commission on
Environmental Quality as recreational or shellfish
harvesting on the date the permit application is
submitted to the Department.
b. No commercial hazardous waste management facility shall
be established or expanded such that the active portion
of the facility would be located closer than five
hundred (500) feet from the banks of a stream, river,
lake, reservoir, or coastal waters.
4.7 Air Quality.
An applicant for a permit to establish or expand a
commercial hazardous waste management facility shall comply
with the State of Mississippi Guidelines for Review of
Siting Criteria in Applications for Air and Water Pollution
Control Permits (Permit Board Rule 1-82), as amended.
4.8 Protection of Agriculture, Aquaculture, Forestry, Fish, and
Wildlife.
No commercial hazardous waste incinerator or landfill shall
be located such that operations of the facility would have
a significant adverse impact on agriculture, aquaculture,
forests, fish, or wildlife. The applicant must provide to
the Department a documented report, predicting any impacts
of the proposed facility on agriculture, aquaculture,
forests, fish, and wildlife within a five—mile radius of
the site.
5. Local Land Use and Proximity to Public Water Supplies, Airports,
and Certain Structures and Institutions.
5.1 Local Land Use and Local Zoning.
No commercial hazardous waste management facility shall be
established or expanded if, on the date the permit
application is submitted to the Department, the site would
be in conflict with lawful regulations or ordinances of
state agencies, local governments.
5.2 Proximity to Residences.
a. No commercial hazardous waste management facility shall
be established or expanded such that the active portion
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of the facility would be located less than 1000 feet
from any residence in existence on the date the permit
application is submitted to the Department.
b. No commercial hazardous waste management facility shall
be established or expanded such that the active portion
of the facility would be located within one mile of a
residential area in existence on the date the permit
application is submitted to the Department, unless the
proposed facility would be located in an established
industrial park, in which case the active portion of
the facility shall not be located less than 1000 feet
from any residential area in existence on the date the
permit application is submitted to the Department.
c. For purposes of this section,
(1) “residential area” means a group or cluster of 10
or more single family dwelling units on contiguous
property and having an average density of two or
more units per acre, and
(2) “single family dwelling unit” means either (a) a
conventional single family detached dwelling or
mobile home, or (b) a unit within a multi-family
residential complex (townhouses, condominiums, or
apartments).
5.3 Proximity to Public Water Supply Sources.
a. No commercial hazardous waste management land-based
unit shall be established or expanded such that the
active portion of the facility would be, on the date
the permit application is submitted to the Department,
within one mile of any well supplying water to a
community water system as defined in 40 CFR 141.2 of
the National Primary Drinking Water Regulations.
b. No commercial hazardous waste management facility shall
be established or expanded such that the active portion
of the facility would be, on the date the permit
application is submitted to the Department, within one
mile from a surface water intake for a public water
supply. If the runoff from the facility would enter
the water body upgradient of the intake structure, this
distance shall be increased to at least twenty (20)
miles.
5.4 Proximity to Airports.
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No commercial hazardous waste management facility shall be
established or expanded such that it would adversely affect
operations or safety at any airport in existence on the
date the permit application is submitted to the Department.
5.5 Proximity to Buildings Housing Multiple Relatively Immobile
Occupants.
No commercial hazardous waste management facility shall be
established or expanded such that the active portion of the
facility would be, on the date the permit application is
submitted to the Department, located within one (1) mile of
any existing hospital, nursing home, school, or other
multi-occupant institution, the purpose and function of
which is to provide services to immobile populations.
5.6 Proximity to Churches.
No commercial hazardous waste management facility shall be
established or expanded such that the active portion of the
facility would be, on the date the permit application is
submitted to the Department, located within one thousand
(1,000) feet of any existing church.
5.7 Proximity to Municipalities.
No commercial hazardous waste incinerator or land-based
unit shall be established or expanded such that the active
portion of the facility would be, on the date the permit
application is submitted to the Department, located within
one-half (1/2) mile of the incorporated limits of any
existing municipality.
5.8 Proximity to Existing or Abandoned Ordinary Waste Disposal
Sites.
No commercial hazardous waste landfill shall be established
or expanded such that the active portion of the facility
would be, on the date the permit application is submitted
to the Department, located on the same site or within one
thousand (1,000) feet of an existing or abandoned ordinary
waste disposal site, unless the hazardous waste to be
disposed of in said commercial hazardous waste landfill is
specifically approved as exempted from this prohibition by
the Department.
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6. Transportation Factors.
The applicant for a permit to establish or expand a
cortunercial hazardous waste management facility must
demonstrate to the Permit Board that the anticipated
additional traffic along the primary route to the facility
would not significantly increase the safety risk within a
ten (10) mile radius of the active portion of the facility.
The demonstration shall address at least the following
factors: (1) the primary route(s) that the applicant
expects will be used for the transportation of hazardous
waste to the facility within a ten (10) mile radius of the
active portion of the facility; (2) an estimate of the
number and types of vehicles routinely traveling on the
primary route(s) within said ten (10) mile radius; (3) an
estimate of the number and types of vehicles expected by
the applicant to transport hazardous waste to the facility
via the primary route(s) within said ten (10) mile radius;
(4) an estimate of the loaded weight of each type of
vehicle expected to transport hazardous waste to the
facility via the primary route(s) within the ten (10) mile
radius; and (5) proximity to waste generators. The Permit
Board may require such reasonable restrictions and
limitations as it deems appropriate regarding the primary
transportation route(s) to the facility if it should
determine that the primary route(s) of transportation to
the facility by hazardous waste hauling vehicles would
significantly increase the safety risks within the ten
(10) mile radius.
7. Aesthetic Factors.
7.]. Visibility and Appearance of the Facility.
a. No commercial hazardous waste management facility shall
be established or expanded such that, on the date the
permit application is submitted to the Department, the
active portion of the facility would be less than 1000
feet from the edge of the right-of-way of any
interstate or primary highway, as designated by the
State Highway Commission, except the following:
(1) those locations which will be screened by natural
objects, planting, fences, or other appropriate
means so as not to be visible from the main-
traveled highway system, or otherwise removed from
sight;
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(2) those locations which are within areas zoned for
industrial use under authority of law;
(3) those locations which have been determined by the
State Highway Commission as acceptable, pursuant to
Mississippi Code Annotated Section 49-25-7; or
(4) those locations which will not be visible from the
main-traveled highway system.
b. The Permit Board may, at its discretion, apply the
requirements of Section 7.l.a in relation to any public
road other than an interstate or primary highway.
7.2 Noise.
No commercial hazardous waste management facility shall be
established or expanded unless the applicant for a permit
for the facility can demonstrate to the Permit Board that
the facility shall be located, configured, designed,
constructed, and operated such that the noise level at the
facility boundary caused by normal waste management
operations of the facility but not by vehicular movement
into or out of the facility will not exceed an eight-hour
time weighted average (TWA) of 65 decibels between the
hours of 7 a.m. and 7 p.m. or an eight-hour TWA of 55
decibels between the hours of 7 p.m. and 7 a.m.
8. Buffer Zones.
The Permit Board may establish buffer zone requirements in
addition to or more stringent than the minimums prescribed in
this section for new or expanding commercial hazardous waste
management facilities, and all buffer zone requirements around
all other new or expanding hazardous waste management
facilities, all as may be required for protection of the public
health or environment or because of the proximity of such things
as individual residences, roadways, waterways, commercial
establishments, existing or abandoned solid or hazardous waste
facilities or other natural or man-made structures, on a case-
by-case basis using good engineering judgement.
9. Notice to Landowners.
Within sixty (60) days after the date on which an application
for a permit to establish or expand a commercial hazardous waste
landfill is filed with the Department, the applicant shall give
notice of the filing to all landowners within one-half (1/2)
mile of the property line of the proposed facility.
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Part 264.S4 - Financial Capability, Commercial Hazardous Waste
Management Facilities
(a) For the purposes of this section (264.S4), the following
definitions shall apply:
“Incinerator” means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the
criteria of classification as a boiler, sludge dryer,
or carbon regeneration unit, nor is listed as an
industrial furnace as these terms are defined in 40 CFR
260.10; or
(2) Meets the definition of infrared incinerator or plasma
arc incinerator established in 40 CFR 260.10. “Land
disposal facility” means a facility with any unit
subject to the requirements of 40 CFR Part 264 Subpart
F.
(b) Annually, the owner and operator of a commercial hazardous
waste management incinerator or land disposal facility must
provide to the Mississippi Department of Environmental
Quality documentation of a current actual or implied
(hypothetical) rating no lower than BB (Standard and Poor’s
Corporation) or Ba (Moody’s Investor Service) or equivalent
on senior unsecured debt obligations from a Nationally
Recognized Statistical Rating Organization as established
by the Federal Securities and Exchange Commission. This
rating must be for the owner and operator named in the
permit application.
(c) Annually, the owner and operator of any kind of commercial
hazardous waste management facility other than an
incinerator or land disposal facility must provide to the
Mississippi Department of Environmental Quality
documentation of a current actual or implied (hypothetical)
rating no lower than B (Standard and Poor’s Corporation) or
B (Moody’s Investor Service) or equivalent on senior
unsecured debt obligations from a Nationally Recognized
Statistical Rating Organization as established by the
Federal Securities and Exchange Commission. This rating
must be for the owner and operator named in the permit
application.
Part 265 - Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal
Facilities
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Owners and operators of hazardous waste treatment, storage, and
disposal facilities in Mississippi that have fully complied with
the requirements for interim status shall meet the requirements in
Part 265 of the EPA Hazardous Waste Regulations (40 CFR 265; 45 FR
33232, May 19, 1980, Effective November 19, 1980; Amended by 45 FR
72040, October 30, 1980, 45 FR 76075, November 17, 1980, 45 FR
76630, November 19, 1980; 45 FR 78529, November 25, 1980; 45 FR
86968, 86970, 86973, December 31, 1980; 46 FR 2847, January 12,
1981; 46 FR 7678, January 23, 1981; 46 FR 8395, January 26, 1981;
46 FR 13494, February 20, 1981; 46 FR 18025, March 23, 1981; 46 FR
27467, May 20, 1981; 46 FR 33507, June 29, 1981; 46 FR 35247, July
7, 1981; 46 FR 56596, November 17, 1981; 47 FR 1255, January 11,
1982; 47 FR 2316, January 15, 1982; 47 FR 7841, February 23, 1982;
47 FR 8306, February 25, 1982; 47 FR 10006, March 9, 1982; 47 FR
12316, March 22, 1982; 47 FR 15032, April 7, 1982; 47 FR 16544,
April 16, 1982; 47 FR 17989, April 27, 1982; 47 FR 19995, May 10,
1982; 47 FR 27531, June 24, 1982; 47 FR 32349, July 26, 1982; 47 FR
44938, October 12, 1982; 48 FR 2511, January 19, 1983; 48 FR 3981,
January 28, 1983; 48 FR 14153, April 1, 1983; 48 FR 30115, June 30,
1983; 48 FR 52720, November 22, 1983; 49 FR 46095, November 21,
1984; 50 FR 661, January 4, 1985; 50 FR 1999, January 14, 1985; 50
FR 16048, April 23, 1985; 50 FR 18374, April 30, 1985; 50 FR 28742,
July 15, 1985; 50 FR 49203, November 29, 1985, Effective March 31,
1986; 51 FR 16451, May 2, 1986, Effective October 29, 1986; 51 FR
19177, May 28, 1986; 51 FR 25355, July 11, 1986, Effective
September 9, 1986; 51 FR 25478, July 14, 1986, Effective January
12, 1987; 51 FR 28556, August 8, 1986; 51 FR 29430, August 15,
1986; 51 FR 40637, November 7, 1986, Effective November 8, 1986; 52
FR 8704, March 19, 1987, Effective September 15, 1987; 52 FR 21016,
June 4, 1987; 52 FR 25787, July 8, 1987; 52 FR 44321, November 18,
1987, Effective December 18, 1987; 52 FR 45798, December 1, 1987,
Effective December 31, 1987; 53 FR 7740, March 10, 1988; 53 FR
27164, July 19, 1988; 53 FR 31211, August 17, 1988; 53 FR 34086,
September 2, 1988; 54 FR 26647, June 23, 1989; 54 FR 33393, August
14, 1989; 55 FR 11798, March 29, 1990, Effective September 25,
1990; 55 FR 22520, June 1, 1990; 55 FR 25454, June 21, 1990,
Effective December 21, 1990; 55 FR 25978, June 26, 1990; 55 FR
26986, June 29, 1990, Effective September 25, 1990; 55 FR 31387,
August 2, 1990; 55 FR 32733, August 10, 1990; 55 FR 39409,
September 27, 1990, Effective September 25, 1990; 56 FR 7134,
February 21, 1991, Effective August 21, 1991; 56 FR 19290, April
26, 1991, Effective December 21, 1990; 56 FR 32688, July 17, 1991,
Effective August 21, 1991; 56 FR 42511, August 27, 1991, Effective
August 21, 1991; 56 FR 30200, July 1, 1991; 56 FR 46912, September
23, 1991; 56 FR 66368, December 23, 1991, Effective June 23, 1992;
57 FR 3486, January 29, 1992, Effective July 29, 1992; 57 FR 8088,
March 6, 1992; 53 FR 37934, September 28, 1992; 57 FR 37262, August
18, 1992, Effective February 18, 1993; 57 FR 38564, August 25,
1992, Effective August 11, 1992; 57 FR 39275, August 28, 1992; 57
FR 41173, September 9, 1992; 57 FR 42835, September 16, 1992; 57 FR
22
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54452, November 18, 1992, Effective May 18, 1993; 55 FR 50482,
December 6, 1990, Effective January 1, 1994; 56 FR 30195, July 1,
1991, Effective January 1, 1994; 57 FR 61502, December 24, 1992,
Effective January 1, 1994; 58 FR 8682, February 16, 1993, Effective
April 19, 1993; 58 FR 26424, May 3, 1993, Effective March 8, 1993;
58 FR 29884, May 24, 1993, Effective May 10, 1993; 58 FR 46049,
August 31, 1993; 59 FR 13891, March 24, 1994; 59 FR 48041,
September 19, 1994; 59 FR 62926, December 6, 1994, Effective June
5, 1995; 60 FR 25540, May 11, 1995; 60 FR 26828, May 19, 1995,
Effective December 6, 1995; 60 FR 35452, July 7, 1995; 60 FR 35705,
July 11, 1995, Effective September 11, 1995; 60 FR 50428, September
29, 1995, Effective December 6, 1995; 61 FR 4911, February 9, 1996,
Effective June 6, 1996; 61 FR 16309, April 12, 1996, Effective July
11, 1996; 61 FR 59950, November 25, 1996; 62 FR 6650, February 12,
1997, Effective August 12, 1997; 62 FR 32462, June 13, 1997; 62 FR
64656, December 8, 1997)
Part 265.S1 - Annual Reporting
The owner or operator of any interim status facility for the
treatment, storage, recycling, or disposal of hazardous waste shall
report by March 1 of each calendar year to the Department, on forms
provided by the Department, the types and amounts of hazardous
waste treated, stored, recycled, and/or disposed during the
preceding calendar year.
Part 266 - Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste Management
Facilities
Generators, transporters and treatment, storage and disposal
facilities conducting activities identified in Part 266 of the EPA
Hazardous Waste Regulations shall comply with the requirements of
Part 266 of the EPA Hazardous Waste Regulations (40 CFR 266; 50 FR
661, January 4, 1985; 50 FR 14219, April 11, 1985; 50 FR 28742,
July 15, 1985; 50 FR 33541, August 20, 1985; 50 FR 49204, November
29, 1985, Effective March 31, 1986; 52 FR 11821, April 13, 1987; 52
FR 21306, June 5, 1987; 53 FR 31211, August 17, 1988; 54 FR 26647,
June 23, 1989; 55 FR 32733, August 10, 1990; 56 FR 7134, February
27, 1991, Effective August 21, 1991; 56 FR 32688, July 17, 1991,
Effective August 21, 1991; 56 FR 42511, August 27, 1991, Effective
August 21, 1991; 57 FR 27888, June 22, 1992; 57 FR 38564, August
25, 1992, Effective August 11, 1992; 57 FR 41611, September 10,
1992, Effective March 8, 1993; 57 FR 44999, September 30, 1992; 59
FR 38545, July 28, 1994; 59 FR 43499, August 24, 1994, Effective
February 24, 1995; 59 FR 48041, September 19, 1994; 58 FR 59602,
23
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November 9, 1993, Effective October 15, 1993; 60 FR 25540, May 11,
1995; 60 FR 33913, June 29, 1995; 61 FR 16309, April 12, 1996,
Effective July 11, 1996; 61 FR 56631, November 4, 1996; 62 FR 6650,
February 12, 1997, Effective August 12, 1997; 62 FR 32462, June 13,
1997)
Part 268 - Schedule for Land Disposal Restrictions
Generators, transporters, and owners and operators of hazardous
waste treatment, storage and disposal facilities in Mississippi
shall meet all the requirements of Part 268 of the EPA Hazardous
Waste Regulations (40 CFR 268; 51 FR 19300, May 28, 1986, Effective
June 27, 1986; 51 FR 40638, November 7, 1986, Effective November 8,
1986, except for the provisions in Sections 268.30(b) and
268.31(a), which will become effective on November 8, 1988; 52 FR
21016, June 4, 1987; 52 FR 25788, July 8, 1987; 52 FR 41296,
October 27, 1987; 53 FR 27164, July 19, 1988; 53 FR 31211, August
17, 1988; 54 FR 4021, January 27, 1989, Revoked; 54 FR 8266
February 27, 1989; 54 FR 18837, May 2, 1989; 54 FR 26647, June 23,
1989; 54 FR 36970, September 6, 1989; 55 FR 11798, March 29, 1990,
Effective September 25, 1990; 55 FR 22520, June 1, 1990; 55 FR
23935, June 13, 1990; 55 FR 26986, June 29, 1990, Effective
September 25, 1990; 55 FR 31387, August 2, 1990; 55 FR 39409,
September 27, 1990, Effective September 25, 1990; 55 FR 3864,
January 31, 1991; 56 FR 41176, August 19, 1991, Effective August 8,
1991; 57 FR 8088, March 6, 1992; 57 FR 20770, May 15, 1992,
Effective May 8, 1992; 57 FR 28632, June 26, 1992, Effective June
5, 1992; 57 FR 37262, August 18, 1992, Effective November 16, 1992;
57 FR 39275, August 28, 1992; 57 FR 41173, September 9, 1992; 57 FR
47776, October 20, 1992; 58 FR 8682, February 16, 1993, Effective
April 19, 1993; 58 FR 14319, March 17, 1993, Effective March 17,
1993; 58 FR 29884, May 24, 1993, Effective May 10, 1993; 58 FR
46049, August 31, 1993; 59 FR 31551, June 20, 1994; 59 FR 43499,
August 24, 1994, Effective February 24, 1995; 59 FR 48041,
September 19, 1994; 60 FR 244, January 3, 1995, Effective December
19, 1994; 60 FR 25540, May 11, 1995; 61 FR 15596 April 8, 1996; 61
FR 19117, April 30. 1996; 61 FR 33682 June 28, 1996; 61 FR 36419,
July 10, 1996; 61 FR 43927, August 26, 1996; 62 FR 1997, January
14, 1997, Effective January 8, 1997; 62 FR 7504, February 19, 1997;
62 FR 32977, June 17, 1997; 62 FR 37699, July 14, 1997; 62 FR
45572, August 28, 1997)
Part 270 - Hazardous Waste Permitting Program
Owners and operators of hazardous waste treatment, storage and
disposal facilities in Mississippi shall meet the requirements of
Part 270 of the EPA Hazardous Waste Regulations (40 CFR 270; 48 FR
14153, April 1, 1983; 48 FR 30113, June 30, 1983; 48 FR 39619,
September 1, 1983; 49 FR 17718, April 24, 1984; 50 FR 661, January
4, 1985; 50 FR 1999, January 14, 1985; 50 FR 18374, April 30, 1985;
24
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50 FR 28742, July 15, 1985; 51 FR 10176, March 24, 1986, Effective
September 22, 1986; 51 FR 16458, May 2, 1986; 51 FR 25486, July 14,
1986, Effective January 12, 1987; 51 FR 29431, August 15, 1986; 51
FR 40653, November 7, 1986, Effective November 8, 1986; 52 FR 8073,
March 16, 1987; 52 FR 23450, June 22, 1987; 52 FR 25791, July 8,
1987; 52 FR 25953, July 9, 1987, Effective September 28, 1987; 52
FR 33936, September 9, 1987; 52 FR 45798, December 1, 1987,
Effective December 31, 1987, Revoke Parts 270.41(a) (3),
270.41 (a) (3) (i), 270.41(a) (3) (ii), and 270.41 (a) (3) (iii); 52 FR
46965, December 10, 1987, Effective January 11, 1988; 53 FR 7740,
March 10, 1988; 53 FR 27164, July 19, 1988; 53 FR 34086, September
2, 1988; 54 FR 615, January 9, 1989; 54 FR 4286, January 30, 1989;
54 FR 26198, June 22, 1989; 54 FR 33393, August 14, 1989; 55 FR
22520, June 1, 1990; 55 FR 25454, June 21, 1990, Effective December
21, 1990; 55 FR 3864, January 31, 1991; 56 FR 7134, February 21,
1991, Effective August 21, 1991; 56 FR 19290, April 26, 1991,
Effective December 21, 1990; 56 FR 32688, July 17, 1991, Effective
August 21, 1991; 57 FR 3486, January 29, 1992, Effective July 29,
1992; 53 FR 37934, September 28, 1988; 53 FR 41649, October 24,
1988; 54 FR 9607, March 7, 1989; 57 FR 37262, August 18, 1992,
Effective February 18, 1993; 57 FR 39275, August 28, 1992; 57 FR
41173, September 9, 1992; 55 FR 50482, December 6, 1990, Effective
January 1, 1994; 56 FR 30195, July 1, 1991, Effective January 1,
1994; 58 FR 8682, February 16, 1993, Effective April 19, 1993; 58
FR 29884, May 24, 1993, Effective May 10, 1993; 58 FR 46049, August
31, 1993; 59 FR 62926, December 6, 1994, Effective June 5, 1995; 60
FR 25540, May 11, 1995; 60 FR 26828, May 19, 1995, Effective
December 6, 1995; 60 FR 33913, June 29, 1995; 60 FR 35452, July 7,
1995; 60 FR 63431, December 11, 1995, Effective June 11, 1996; 61
FR 4911 ,February 9, 1996, Effective June 6, 1996; 61 FR 59950,
November 25, 1996; 62 FR 6650, February 12, 1997, Effective August
12, 1997; 62 FR 64656, December 8, 1997),and all permit conditions
specified by the State permitting authority in accordance with
applicable laws and regulation.
270.Sl - Contents of Part B: Additional General Requirements
(A) Commercial Hazardous Waste Landfill Perpetual Care
(1) At the time an application for a permit for a commercial
hazardous waste landfill is made, the owner/operator shall
prepare and submit to the Department for approval a plan
stating provisions for converting the site to its suitable
perpetual use, its use restrictions, and a maintenance
schedule that will, when carried out, maintain the
integrity of the site through perpetuity. The plan shall
include the operations and estimated annual cost necessary
to maintain the site. This annual cost estimate shall be
revised and submitted to the Department annually until
final closure is completed.
25
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(2) At the time an application for a commercial hazardous waste
landfill permit is made the owner/operator shall submit a
copy of the property deed showing an easement authorizing
the appropriate entity access to the property to monitor,
inspect or conduct any activity necessary to maintain the
integrity of the site and shall record this deed along with
the easement in the proper county record. In addition to
the easement, the property owner shall include in the
property record the land use restriction shown in the
perpetual care plan and a description of the facility and
the characteristics of its content.
(B) Applicant’s Financial Capabilities and Past Compliance
Record for all Applicants except Commercial Hazardous Waste
Management Facilities.
As part of or during review of the application for a permit
to either construct or operate any treatment, storage, or
disposal facility except a commercial hazardous waste
management facility the applicant shall submit, for the
applicant and any other individual or entity designated to
own or operate the proposed facility, the following
information:
(i) information to demonstrate the availability of
adequate financial resources to comply with the
terms and conditions of the permit;
(ii) information on compliance history sufficient to
provide reasonable assurance that terms and
conditions of the permit will be complied with.
Part 270.S2 — Financial Capability, Commercial Hazardous Waste
Management Facilities
(a) For purposes of this section (270.S2), the following
definitions shall apply:
“Incinerator” means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the
criteria of classification as a boiler, sludge dryer, or
carbon regeneration unit, nor is listed as an industrial
furnace as these terms are defined in 40 CFR 260.10; or
(2) Meets the definition of infrared incinerator or plasma arc
incinerator established in 40 CFR 260.10.
“Land disposal facility” means a facility with any unit subject
26
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to the requirements of 40 CFR 264 Subpart F.
(b) An applicant for a permit to establish or expand a
commercial hazardous waste management incinerator or land
disposal facility must provide to the Mississippi
Department of Environmental Quality documentation of an
actual or implied (hypothetical) rating no lower than BB
(Standard and Poor’s Corporation) or Ba (Moody’s Investor
Service) or equivalent on senior unsecured debt
obligations from a Nationally Recognized Statistical Rating
Organization as established by the Federal Securities and
Exchange Commission. This rating must be for the applicant
as named in the permit application.
(C) An applicant for a permit to establish or expand any kind
of hazardous waste management facility other than an
incinerator or land disposal facility must provide to the
Mississippi Department of Environmental Quality
documentation of an actual or implied (hypothetical) rating
no lower than B (Standard and Poor’s Corporation) or B
(Moody’s Investor Service) or equivalent on senior
unsecured debt obligations from a Nationally Recognized
Statistical Rating Organization as established by the
Federal Securities and Exchange Commission. This rating
must be for the applicant as named in the permit
application.
Part 270.S3 - Disclosure Regulations, Commercial Hazardous Waste
Management Facilities
Every applicant for issuance, reissuance, or transfer of a permit
for a commercial hazardous waste management facility must comply
with the Mississippi Commission on Environmental Quality Hazardous
and Nonhazardous Solid Waste Applicant Disclosure Regulations,
promulgated pursuant to Mississippi Code Annotated Section 17-17-
501 (Supp. 1991), et. seq. [ Miss. Laws, 1991, ch. 583], Mississippi
Code Annotated Section 17-17-27 (Supp. 1991), and Mississippi Code
Annotated Section 4 9—17—17 (Supp. 1991)
Part 270.S4 - Permit transfer.
“Transfer” shall mean any sale, conveyance, or assignment of the
rights held by the applicant in any permit issued pursuant to these
Regulations. Any change of more than 50 percent of the equity
ownership of the permit holder over a sustained period which
results in a new majority owner shall constitute a transfer. A new
majority owner for purposes of this provision shall be an
individual, partnership, company, or group of affiliated companies.
27
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Part 273 - Standards for Universal Waste Management
Generators of hazardous waste in Mississippi shall meet the
requirements of Part 273 as published in Part 273 of the EPA
Hazardous Waste Regulations (60 FR 25540, May 11, 1995; 61 FR
16309, April 12, 1996, Effective July 11, 1996)
Part 279 - Recycled Used Oil Management Standards
Used oil generators, transporters, processors, re-refiners,
burners, and marketers of recycled used oil shall meet the
requirements of Part 279 as published in EPA Hazardous Waste
Regulations (57 FR 41611, September 10, 1992, Effective March 8,
1993; 58 FR 26424, May 3, 1993, Effective March 8, 1993; 58 FR
33342, June 17, 1993; 59 FR 10559, March 4, 1994, Effective January
1, 1995)
Part 124 - Procedures for Decision Making
The State permitting authority shall conform to the procedures
found in Subparts A and B of Part 124 of the EPA Hazardous Waste
Regulations (40 CFR 124; 45 FR 33484, May 19, 1980, Effective July
18, 1980; 45 FR 52729, August 4, 1980; 45 FR 68391, October 15,
1980; 46 FR 22584, April 20, 1981; 46 FR 36706, July 15, 1981; 47
FR 15304, April 8, 1982; 48 FR 14153, April 1, 1983; Amended by 48
FR 30115, June 30, 1983; 48 FR 39619, September 1, 1983; 49 FR
17718, April 24, 1984; 60 FR 63431, December 11, 1995, Effective
June 11, 1996), and those administrative procedures as required
under State law.
28
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Part 126 - Penalties, Notification, Effective Date and
Certification
Any person violating any provision of the Mississippi Solid Waste
Disposal Law, as amended, any rule or regulation made pursuant
hereto or violating any order or permit condition issued by the
Department shall be punished in accordance with Section 17-17-29 of
the Mississippi Code of 1972, as amended.
Under Part 261, identifying by its characteristics or listing any
substances as hazardous waste subject to this regulation, any
person generating or transporting such substances or owning or
operating a facility for treatment, storage or disposal of such
substance shall file with the Environmental Protection Agency
Administrator, through the State permitting authority, and shall
received from the Administrator of EPA an identification number.
29
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6
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ll Q iM 11 T II k O T1
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RCRA PARALLEL CITATIONS FOR NORTH CAROLINA
TOPIC
CFR
N.C. Admin. Code tit. x, r.
xx.xxxx (month l9xx)
Hazardous Waste
Management System
260 1 and 260 2
260.10 (definitions)
13A.0102- incorporates
federal regs with some
modification
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261.1
13A 0106- incorporates
federal regs
“solid waste” definition
261 2
13A 0106
“hazardous waste” definition
261 3
13A 0106
“solid waste” exclusions
261 4
13A 0106
requirements for CESQG
261 5
13A.0106
criteria for identifying
characteristics of hazardous
waste
261 10
13A 0106
criteria for listing hazardous
waste
261.11
13A 0106
characteristics of hazardous
waste
261.20-261 24
13A 0106
lists of hazardous wastes
261 30-26 1.32
13A 0106
North Carolina, Final Authorization of State Hazardous Waste Management Program
• 49 FR 48694 (12/14/84)
• effective date 12/31/84
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49FR48694O1 Page I I
1984 WL 133779 (F.R.)
(Cite as: 49 FR 48694)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[ SW-4-.FRL -2737-8]
North Carolina; Decision on Final Authorization of State Hazardous Waste
Management Program
Friday, December 14, 1984
*48694 AGENCY: Environmental Protection Agency.
ACTION: Notice of fmal determination on North Carolina’s application for final authorization.
SUMMARY: North Carolina has applied for Final Authorization under the Resource Conservation and Recovery Act
(RCRA). EPA has reviewed North Carolina’s application and has reached a fmal determination that North Carolinas
Hazardous Waste Program satisfies all of the requirements necessary for Final Authorization. Thus, EPA is granting
Final Authorization to the State to operate its program in lieu of the Federal program.
EFFECTIVE DATE: Final Authorization for North Carolina, for purposes of judicial review, shall be effective at
1:00 p.m. Eastern time on December 31, 1984.
FOR FURTHER INFORMATION CONTACT: Allan E. Antley, Chief, Waste Planning Section, Residuals
Management Branch, Waste Management Division, U.S. Environmental Protection Agency, 345 Courtland Street
NE., Atlanta, Georgia 30365, (404) 881-4727.
SUPPLEMENTARY INFORMATION: Section 3006 of the Resource Conservation and Recovery Act (RCRA)
allows the Environmental Protection Agency (EPA) to authorize state hazardous waste managment programs to
operate in the state in lieu of the Federal program. To qualify for Final Authorization, a state’s program must: (1)
Be “equivalent” to the Federal program, (2) be consistent with the Federal program and other state programs, and (3)
provide for adequate enforcement (Section 3006(b) of RCRA, 42 U.S.C. 6226(b)).
On July 10, 1984, North Carolina submitted a complete application to obtain Final Authorization to administer a
RCRA program. On September 28, 1984, EPA published a tentative decision announcing its intent to grant North
Carolina Final Authorization. Further background on the tentative decision appears at 49 FR 38302, September 28,
1984.
Along with the tentative determination, EPA announced the availability of the State’s application for public review
and comment and the date of a public hearing on the application. The public hearing was not held as scheduled on
November 13, 1984, since neither EPA nor the North Carolina Department of Human Resources received significant
interest in holding the hearing.
To date, all RCRA hazardous waste management permits in North Carolina have been issued by the State under the
authority granted to the State during interim authorization. Therefore, there will be no change in the status of permits
or permitting authority on the effective date of this nile.
North Carolina is not authorized by the Federal government to operate the RCRA program on Indian Lands and this
authority will remain with EPA.
Decision
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
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49 FR 48694-01 Page 12
(Cite as: 49 FR 48694, *48694)
It is my conclusion that North Carolina ’s application for Final Authorization meets all of the regulatory and statutory
requirements established by RCRA.
Accordingly, North Carolina is granted final authorization to operate its hazardous waste management program.
This means that North Carolina now has the responsibility for permitting treatment, storage and disposal facilities
within its borders and for carrying out all other aspects of the RCRA program. North Carolina also has primary
enforcement responsibility, although EPA retains the right to take enforcement action under Section 3008 of RCRA.
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this rule from the requirements of Section 3 of Executive Order
12291.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), 1 hereby certify that this authorization will not have a significant
economic impact on a substantial number of entities. This authorization effectively suspends the applicability of
certain Federal regulations in favor of North Carolina’s program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new burdens on small entities. This rule, therefore,
does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous materials, Indian lands, Reporting and recordkeeping requirements, Waste treatment and disposal,
Intergovernmental relations, Penalties, Confidential business information.
Authority
This notice is issued under the authority of Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b), and EPA delegation 8-7.
Dated: November 26, 1984.
Charles R. Jeter,
Regional Administrator.
[ FR Doc. 84-32728 Filed 12-13-84; 8:45 aml
BILLING CODE 6560-50-M
49 FR 48694-01, 1984 WL 133779 (F.R.)
END OF DOCUMENT
Copr. © West 1999 No Claim to Orig. U.S. Govt. Works
-------
State of North Carolina
Office ofAdministrative Hearings
Certification
I hereby certify the attached 18 sheets to be a true copy of
iSA NCAC 13A
Tue original of which is filed in this office in conformance wit/i
Chapter 1SOB of the General Statutes of the Stale of North
Carolina.
In wimess whereof; I auihori:e this certification
and affix the official seal of the North Carolina
Office ofAdminLc:,ative Hearings at Raleigh,
this 22nd day ofApril, 1999
Julian Mann, III
ChiefAdminictrative Law Judge, Director
By: g 44 LJ_)
Ruby H Creech
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ENR - SOLID WASTE MANA GEMENT TI5A: 13A .0100
CHAPTER 13- SOLID WASTE MANAGEMENT
SUBCHAPTER 13A - HAZARDOUS WASTE MANAGEMENT
SECTION .0 100 - HAZARDOUS WASTE
.0101 GENERAL
(a) The Hazardous Waste Section of the Division of Waste Management shall administer the hazardous waste
management program for the State of North Carolina
(b) In applying the federal requirements incorporated by reference throughout this Subchapter, the following
substitutions or exceptions shall apply
(I) “Department of Environment, Health, and Natural Resources” shall be substituted for “Environmental
Protection Agency” except in 40 CFR 262.51 through 262.54, 262.56, 262.57 where references to the
Environmental Protection Agency shall remain without substitution;
(2) “Secretary of the Department of Environment, Health, and Natural Resources” shall be substituted for
“Administrator,” “Regional Administrator” and “Director” except for 40 CFR 262.55 through 262.57,
264.12(a), 268.5, 268.6, 268 42(b) and 268.44 where the references to the Administrator, Regional
Adrnirustrator, and Director shall remain without substitution, and
(3) An “annual report” shall be required for all hazardous waste generators, treaters, storers, and disposers rather
than a “biennial report”.
(c) In the event that there are inconsistencies or duplications in the requirements of those Federal rules incorporated
by reference throughout this Subchapter and the State rules set out in this Subchapter, the provisions incorporated by
reference shall prevail except where the State rules are more stringent
(d) 40 CFR 260 1 through 260.3 (Subpart A), “General,” are incorporated by reference including subsequent
amendments and editions
(e) 40 CFR 260 11, “References”, is incorporated by reference including subsequent amendments and editions
(1) Copies of all materials in this Subchapter may be inspected or obtained as follows
(I) Persons interested in receiving rule-making notices concerning the North Carolina Hazardous Waste
Management Rules must submit a written request to the Hazardous Waste Section, P0 Box 29603, Raleigh,
N.C 27611-9603 A check in the amount of fifteen dollars (SI 5.00) made payable to The Hazardous Waste
Section must be enclosed with each request Upon receipt of each request, individuals will be placed on a
mailing list to receive notices for one year.
(2) Material incorporated by reference in the Federal Register may be obtained from the Superintendent of
Documents, U.S. Government Pnnting Office, Washington, D.C. 20402 at a cost of five hundred and forty
four dollars ($544.00) per year. Federal Register matenals are codified once a year in the Code of Federal
Regulations and maybe obtained at the above address for a cost of: 40 CFR 1-51 forty dollars ($40.00), 40
CFR 260-299 forty dollars ($40.00) and 40 CFR 87-149, forty one dollars ($41.00), total one hundred twenty
one dollars ($121 00)
(3) The North Carolina Hazardous Waste Management Rules, including the incorporated by reference materials,
may be obtained from the Hazardous Waste Section at a cost of twenty five dollars ($25.00).
(4) All material is available for inspection at the Department of Environment, Health, and Natural Resources,
Hazardous Waste Section, 401 Oberlin Road, Raleigh, NC.
H:stoiy NoteS Authority G S. 130 .4-294(c); JSOB -21.6;
Eff September 1, 1979,
Amended Eff June 1, 1989; June 1, 1988. August 1. 1987; May 1, 1987 ,..i
Transferred and Recodijied from 10 NCAC IOF .0001 Eff April 4, 1990;
Amended Eff October 1. 1993; April 1, 1993; October 1, 1992; December 1, 1991;
Recodifiedfrom 15.4 NCAC 13.4 .0001 Eff December 20, 1996;
Amended Eff August 1. 1998; August 1, 1997.
.0102 DEFINITIONS
(a) The definitions contained in G S I 30A-290 apply to this Subchapter
(b) 40 CFR 260 10 (Subpart B), Definitions, has been incorporated by reference, including subsequent amendments
and editions except that the Definitions for “Disposal”, “Landfill”, “Management or hazardous waste management”,
“Person”. ‘Sludge”, “Storage”, and “Treatment” are defined by G.S. 130A-290 and are not incorporated by reference
NORTH CAROLINA ADMINISTRATIVE CODE 04/05/99 Page 1
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ENR - SOLID WASTE MANA GEMENT
TI5A: 13 4 .01(10
(c) The following additional definitions shall apply throughout this Subchapter.
(I) “Section” means the Hazardous Waste Section, in the Division of Solid Waste Management. Department of
Environment, Health, and Natural Resources
(2) The “Department” means the N.C. Department of Environment, Health, and Natural Resources (DEHNR).
(3) “Division” means the Solid Waste Management Division (SWMD)
(4) “Long Term Storage” means the containment of hazardous waste for an indefinite period of time in a facility
designed to be closed with the hazardous waste in place.
(5) “Off-site Recycling Facility” means any facility that receives shipments of hazardous waste from off-site to
be recycled or processed for recycling through any process conducted at the facility, but does not include any
facility owned or operated by a generator of ha7 rdous waste solely to recycle their own waste
History Note:
Authority G.S. 13Q4-294(c); JSOB-21 6;
Eff September 1. 1979,
Amended Eff June 1. 1989; June 1. 1988, February 1. 1987: October 1. 1986:
Transferred and Recodif led from 10 NCA C JOF .0002 Eff April 4, 1990;
Amended Eff April 1. 1993. October 1. 1990, August 1. 1990,
Recodijied from !5A NCAC 13A .0002 Eff December 20, 1996
.0 103 PETITIONS - PART 260
(a) All rulemaking petitions for changes in this Subchapter shall be made in accordance with I SA NCAC 24B 0001
(b) 40 CFR 260.21 through 260.41 (Subpart C), “Rulemaking Petitions,” have been incorporated by reference
including subsequent amendments and editions
History Note:
Authority G S. 130A-294(c); 150B-21 6;
Eff November 19, 1980,
Amended Eff June 1, 1988, May 1, 1987; January 1, 1986; October 1, 1985;
Transferred and Recodijied from 10 NCA C 1 OF .0028 Eff April 4, 1990;
Amended Eff April 1, 1993, November 1, 1991; October 1. 1990,
RecodiJledfrom ISA NCAC 13A .0003 Eff December 20, 1996.
.0104 PUBLIC INFORMATION - PART 2
(a) The provisions concerning requests for information in 40 CFR 2.100 to 2.120 (Subpart A) have been incorporated
by reference including subsequent amendments and editions, except that 40 CFR 2.100 (a) is not incorporated by
reference
(I)
The following shall be substituted for the provisions of 40 CFR 2.100 (a) which are not incorporated by
reference
(2) Definitions
(A) “EPA” means the United States Environmental Protection Agency.
(B) “Department of Environment, Health, and Natural Resources” shall be substituted for “Environmental
Protection Agency” and “Hazardous Waste Section Chief in the Solid Waste Management Division
of the Department of Environment, Health, and Natural Resources” shall be substituted for
“Administrator”, “Regional Administrator” and “Director”, except in those situations where authority
has not been delegated to the State of N.C. or unless the context requires a different meaning
(C) “Section” means the N C. Hazardous Waste Section, in the Division of Solid Waste Management,
Department of Environment, Health, and Natural Resources.
(D) “Section Officer” means the person designated by the Section Chief to this activity.
(E) “Section Attorney” means the person designated by the Section Chief to do this activity.
(F) Section Officer shall be substituted for the freedom of information officer.
(G) “NC. Hazardous Waste Section Public Affairs Director” shall be substituted for the EPA Director of
the Office of Public Affairs.
(H) “N C. Hazardous Waste Section Office” shall be substituted for Regional EPA Office or/EPA Branch
Office.
(I) “Department” means N.C. Department of Environment, Health, and Natural Resources
(J) “Section Employee” shall be substituted for EPA Employee.
(K) “Section Legal Office” shall be the Section Attorney
(b) The provisions concerning confidentiality of business information in 40 CFR 2 201 to 2.309 (Subpart B) have
been incorporated by reference including subsequent amendments and editions, except that 40 CFR 2.209 (b) and (C),
2.30 1, 2.302, 2 303, 2.304, 2 306, 2.307, 2.308 and 2.309 are not incorporated by reference
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TJ5A: 13A .0100
History Note
Author,rvG.S. ISO.4-294(c); 150B-21 6.
Eff January 1, 1986.
Amended Eff June 1. 1988.
Transferred and Recodified from 10 NC4 c lop. 0040 Eff April 4. 1990,
Amended Eff August 1, 1990,
Recodifiedfrom ISA N AC 13A .0003 Eff August 30. 1990.
Amended Eff April 1. 1993, October 1, 1990:
Recothfied from iSA NCAC 13A .0004 Eff December 20. 1996
.0 105 GENERAL PROGRAM REQUIREMENTS - PART 124
(a) 40 CFR 124.1 through 124 21 (Subpart A), “General Program Requirements”, are incorporated by reference
including subsequent amendments and editions, except that 40 CFR 124.2(c) is not incorporated by reference
(b) 40 CFR 124.31 through 124.33 (Subpart B), “Specific Procedures Applicable to RCRA Permits”, are incorporated
by reference including subsequent amendments and editions, except that 40 CFR 124.31(a), 124.32(a) and 124 33(a)
are not incorporated by reference
(1) The following shall be substituted for the provisions of 40 CFR 124.3 1(a) which are not incorporated by
reference
(A) Applicability The requirements of this section shall apply to all RCR.A part B applications seeking
initial permits for hazardous waste management units and shall also apply to RCRA part B applications
seeking renewal of permits for such units, where the renewal application is proposing a significant
change in facility operations For the purposes of this Section, a “significant change” is any change
that would qualify as a class 3 permit modification under 40 CFR 270.42.
(B) The requirements of this Section do not apply to permit modifications under 40 CFR 270.42 or to
applications that are submitted for the sole purpose of conducting post-closure activities or post-closure
activities and corrective action at a facility.
(2) The following shall be substituted for the provisions of 40 CFR 124.32(a) which are not incorporated by
reference.
(A) Applicability The requirements of this Section shall apply to all RCRA part B applications seeking
initial permits for hazardous waste management units
(B) The requirements of this Section shall apply to RCRA part B applications seeking renewal of permits
for such units under 40 CFR 270 51
(C) The requirements of this Section do not apply to pennit modifications under 40 CFR 270.42 or permit
applications submitted for the sole purpose of conducting post-closure activities or post-closure
activities and corrective action at a facihtv
(3) The follo ing shall be substituted for the provisions of 40 CFR 124.33(a) which are not incorporated by
reference Applicability The requirements of this Section apply to all applications seeking RCRA permits
for hazardous waste management units
History NoteS
Authority G S 130.4-294 ’c,); 150B-21.6;
Eff November 19.1980.
Amended Eff February 1, 1988, October 1, 1986, July 1, 1986, July 1, 1985;
Transferred and Recodijied from 10 NCA C IOF .0035 Eff April 4, 1990,
Recodijied from 15.4 NCAC 13A .0006 Eff August 30, 1990;
Amended Eff April 1, 1993; October 1, 1990,
Recodijied from iSA NCA C 13A .0005 Eff December 20, 1996;
Amended Eff August 1, 1998
.0 106 IDENTIFICATION AND LISTING OF HAZARDOUS WASTES - PART 261
(a) 40 CFR 261.1 through 261 9 (Subpart A), “General”, are incorporated by reference including subsequent
amendments and editions
(b) 40 CFR 261.10 through 261.11 (Subpart B), “Criteria for Identif ring the Characteristics of Hazardous Waste and
for Listing Hazardous Waste”, are incorporated by reference including subsequent amendments and editions
(c) 40 CFR 261 20 through 261.24 (Subpart C), “Characteristics of Hazardous Waste” are incorporated by reference
including subsequent amendments and editions
(d) 40 CFR 261.30 through 261 35 (Subpart D), “Lists of Hazardous Wastes” are incorporated by reference including
subsequent amendments and editions
(e) The Appendices to 40 CFR Part 261 are incorporated by reference including subsequent amendments and
editions
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History NoteS .4uthor,tv GS 130A-294(c). 150B-21 6.
Eff November 19. 1980.
Amended Eff June 1. 1988. February 1. 1988. December 1. 1987; August 1, 1987,
Transferred and Recodified from 10 NC.4 C / OF .0029 Eff April 4, 1990,
Recodijiedfrom 15A NCAC 13A .0007 Eff August 30. 1990,
Amended Eff January 1, 1996, April 1, 1993, February 1. 1992; December 1, 1990,
Recod:jied from ISA NC.4 C 13.4 .0006 Eff December 20, 1996
.0 107 STDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE - PART 262
(a) 40 CFR 262 10 through 262.12 (Subpart A), “General”, are incorporated by reference including subsequent
amendments and editions
(b) 40 CFR 262.20 through 262.23 (Subpart B), “The Manifest”, are incorporated by reference including subsequent
amendments and editions.
(c) 40 CFR 262.30 through 262.34 (Subpart C), “Pre-Transport Requirements”, are incorporated by reference
including subsequent amendments and editions.
(d) 40 CFR 262.40 through 262.44 (Subpart D), “Recordkeeping and Reporting”, are incorporated by reference
including subsequent amendments and editions In addition, a generator shall keep records of inspections and results
of inspections required by Section 262.34 for at least three years from the date of the inspection.
(e) 40 CFR 262.50 through 262.58 (Subpart E), “Exports of Hazardous Waste”, are incorporated by reference
including subsequent amendments and editions
(1) 40 CFR 262.60 (Subpart F), “Imports of Hazardous Waste”, is incorporated by reference including subsequent
amendments and editions
(g) 40 CFR 262.70 (Subpart G), “Farmers” is incorporated by reference including subsequent amendments and
editions
(h) 40 CFR 262 80 through 262 89 (Subpart H), “Transfronuer Shipments of Hazardous Waste for Recovery witlun
the OECD”, are incorporated by reference including subsequent amendments and editions, except that 40 CFR 262 89(e)
is not incorporated by reference.
(i) The appendi.x to 40 CFR Part 262 is incorporated by reference including subsequent amendments and editions;
however, Items D, F, H, and I on the form in the appendix to 40 CFR Pan 262 are required to be completed on the North
Carolina Hazardous Waste Manifest form.
History Note Authority G.S. 130 .4-294(c), 150B-21.6;
Eff November 19, 1980;
Amended Eff December 1, 1988, June 1, 1988; August 1, 1987; May 1, 1987.
Transferred and Recodified from 10 NCA C JOF .0030 Eff April 4, 1990,
A mended Eff August 1, 1990;
Recodifiedfrom ISA NCAC 13A .0008 Eff August 30, 1990;
Amended Eff April 1. 1993, October 1, 1990;
Recod:Jiedfrom 15.4 NC.4C 13A .0007 Eff December 20. 1996,
Amended LIT August 1, 1998
.0 108 STDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE - PART 263
(a) 40 CFR 263.10 through 263.12 (Subpart A), “General”, have been incorporated by reference including subsequent
amendments and editions
(b) 40 CFR 263.20 through 263.22 (Subpart B), “Compliance With the Manifest System and Recordkeeping”, have
been incorporated by reference including subsequent amendments and editions
(c) 40 CFR 263.30 through 263.31 (Subpart C), “Hazardous Waste Discharges”, have been incorporated by reference
including subsequent amendments and editions.
History Note: Authority G.S. 130 , 1-294(c); 150B-21.6;
Eff November 19, 1980;
Amended Eff June 1, 1988; August 1, 1987; May 1, 1987; October 1, 1986;
Transferred and Recodijied from 10 NCAC JOF.0031 Eff April 4, 1990;
RecodiJiedfrom 15A NCAC 13A .0009 Eff August 30, 1990,
Amended Eff April 1. 1993, October 1. 1990,
Recothfied from 15A NCA C 13A .0008 Eff December 20. 1996.
.0109 STANDARDS FOR OWNERS/OPERATORS OF BWTSD FACILITIES - PART 264
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TJSA: hA .0100
(a) Any person who treats, stores or disposes of hazardous waste shall comply with the requirements set forth in this
Section. The treatment, storage or disposal of h27ardous waste is prohibited except as provided in this Section
(b) 40 CFR 264 1 through 264 4 (Subpart A), “General”, are incorporated by reference including subsequent
amendments and editions
(C) 40 CFR 264 10 through 264 19 (Subpart B), “General Facility Standards”, are incorporated by reference including
subsequent amendments and editions
(d) 40 CFR 264.30 through 264.37 (Subpart C), “Preparedness and Prevention”, are incorporated by reference
including subsequent amendments and editions
(e) 40 CFR 264.50 through 264 56 (Subpart D), “Contingency Plan and Emergency Procedures”, are incorporated
by reference including subsequent a.mendmnents and ediuons
(1) 40 CFR 264.70 through 264 77 (Subpart E), “Manifest System, Recordkeeping, and Reporting”, are incorporated
by reference including subsequent amendments and editions
(g) 40 CFR 264.90 through 264.101 (Subpart F), “Releases From Solid Waste Management Units”, are incorporated
by reference including subsequent amendments and editions. For the purpose of this incorporation by reference,
“January 26. 1983” shall be substituted for “July 26, 1982” contained in 40 CFR 264 90(a)(2).
( Ii) 40 CFR 264.110 through 264.120 (Subpart G), “Closure and Post-Closure”, are incorporated by reference
including subsequent amendments and editions
(i) 40 CFR 264.140 through 263 151 (Subpart H), “Financial Requirements”, are incorporated by reference including
subsequent amendments and editions, except that 40 CFR 264. 143(a)(3), (a)(4), (a)(5), (a)(6), 40 CFR 264.145(a)(3),
(a)(4), (a)(5), and 40 CFR 264 151(a)(1), Section 15 are not incorporated by reference.
(1) The following shall be substituted for the provisions of 40 CFR 264 143(a)(3) which were not incorporated
by reference
The owner or operator shall deposit the full amount of the closure cost estimate at the time the fund is
established Within 1 year of the effective date of these Rules, an owner or operator using a closure trust fund
established prior to the effective date of these Rules shall deposit an amount into the fund so that its value
after this deposit at least equals the amount of the current closure cost estimate, or shall obtain other financial
assurance as specified in this Section
(2) The following shall be substituted for the provisions of 40 CFR 264. 143(a)(6) which were not incorporated
by reference’ -
After the trust fund is established, whenever the current closure cost estimate changes, the owner or operator
shall compare the new estimate with the trustee’s most recent annual valuation of the trust fund. if the value
of the fund is less than the amount of the new estimate, the owner or operator within 60 days after the change
in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least
equals the amount of the current closure cost estimate, or obtain other financial assurance as specified in this
section to cover the difference.
(3) The following shall be substituted for the provisions of 40 CFR 264. 145(a)(3) which were not incorporated
by reference:
(A) Except as otherwise provided in Part (i)(3)(B) of this Rule, the owner or operator shall deposit the full
amount of the post-closure cost estimate at the time the fund is established.
(B) lithe Depamnent finds that the owner or operator of an inactive hazardous waste disposal unit cannot
pro ide financial assurance for post-closure through any other option (e.g surety bond, letter of credit,
or corporate guarantee), a plan for annual payments to the trust fund over the term of the RCRA
post-closure permit may be established by the Department as a permit condition.
(4) The following additional requirement shall apply:
The trustee shall notify the Department of payment to the trust fund, by certified mail within 10 days
following said payment to the trust fund. The notice shall contain the name of the Grantor, the date of
payment, the amount of payment, and the current value of the trust fund.
(j) 40 CFR 264 170 through 264 179 (Subpart 1), “Use and Management of Containers”, are incorporated by
reference including subsequent amendments and editions
(k) 40 CFR 264.190 through 264.200 (Subpart 1), “Tank Systems”, are incorporated by reference including
subsequent amendments and editions.
(1) The following are requirements for Surface Impoundments:
(1) 40 CFR 264 220 through 264.232 (Subpart K), “Surface Impoundments”, are incorporated by reference
including subsequent amendments and editions
(2) The following are additional standards for surface impoundments:
(A) The liner system shall consist of at least two liners;
(B) Artificial liners shall be equal to or greater than 30 mils in thickness,
(C) Clayey liners shall be equal to or greater than five feet in thickness and have a maximum permeability
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ENR - SOLID WASTE MANA GEMENT TI5A: 13A .010(1
of 1.0 x 10-7 cm/sec,
(D) Clavey liner soils shall have the same characteristics as described in Subparts (T)(4)(B)(ii), (iii), (iv),
(vi) and (vii) of this Rule,
(E) A leachate collection system shall be constructed between the upper liner and the bottom liner,
(F) A leachate detection system shall be constructed below the bottom liner, and
(G) Surface impoundments shall be constructed in such a manner to prevent landsliding, slippage or
slwnping.
(m) 40 CFR 264.250 through 264.259 (Subpart L), “Waste Piles”, axe incorporated by reference including subsequent
amendments and editions.
(n) 40 CFR 264.270 through 264.283 (Subpart M), “Land Treatment”, are incorporated by reference including
subsequent amendments and editions.
(0) 40 CFR 264.300 through 264.317 (Subpart N), “Landfills”, are incorporated by reference including subsequent
amendments and editions.
(p) A long-term storage facility shall meet groundwater protection, closure and post-closure, and financial
requirements for disposal facilities as specified in Paragraphs (g), (ii), and (1) of this Rule.
(q) 40 CFR 264.340 through 264.351 (Subpart 0), “Incinerators”, are incorporated by reference including subsequent
amendments and editions.
(r) The following are additional location standards for facilities:
(1) In addition to the location standards set forth in iSA NCAC 13A .0109(c), the Department, in determining
whether to issue a permit for a hazardous waste management facility, shall consider the risks posed by the
proximity of the facility to water table levels, flood plains, water supplies, public water supply watersheds,
mines, natural resources such as wetlands, endangered species habitats, parks, forests, wilderness areas, and
histoncal sites, and population centers and shall consider whether provision has been made for adequate
buffer zones The Department shall also consider ground water travel time, soil pH, soil cation exchange
capacity, soil composition and permeability, slope, climate, local land use, transportation factors such as
pro amity to waste generators, route, route safety, and method of transportation, aesthetic factors such as the
visibility, appearance, and noise level of the facility-, potential impact on air quality, e astence of seismic
activity and cavernous bedrock.
(2) The following minimum separation distances shall be required of all hazardous waste management facilities
except that existing facilities shall be required to meet these minimum separation distances to the maximum
extent feasible.
(A) All hazardous waste management facilities shall be located at least 0.25 miles from institutions
including but not limited to schools, health care facilities and prisons, unless the owner or operator can
demonstrate that no unreasonable risks shall be posed by the proxirruty of the facility
(B) All hazardous waste treatment and storage facilities shall comply with the following separation
distances all hazardous waste shall be treated and stored a minimum of 50 feet from the property line
of the facthtv except that all hazardous waste with ignitable, incompatible or reactive characteristics
shall be treated and stored a minimum of 200 feet from the property line of the facility if the area
adjacent to the facility is zoned for any use other than industrial or is not zoned.
(C) All hazardous waste landfills, long-term storage facilities, land treatment facilities and surface
impoundments, shall comply with the following separation distances:
(i) All hazardous waste shall be located a minimum of 200 feet from the property line of the
facility.
(ii) Each hazardous waste landfill, long-term storage or surface impoundment facility shall be
constructed so that the bottom of the facility is 10 feet or more above the historical high ground
water level. The historical lugh ground water level shall be determined by measunng the
seasonal high ground water levels and predicting the long-term maximwn high ground water
level from published data on similar North Carolina topographic positions, elevations, geology,
and climate; and
(iii) All hazardous waste shall be located a minimum of 1,000 feet from the zone of influence of any
existing off-site ground water well used for drinking water, and outside the zone of influence
of any existing or planned on-site drinking water well.
(D) Hazardous waste storage and treatment facilities for liquid waste that is classified as TC toxic, toxic,
or acutely toxic and is stored or treated in tanks or containers shall not be located:
(i) in the recharge area of an aquifer which is designated as an existing sole drinking water source
as defined in the Safe Drinking Water Act, Section .1424(e) 142 U.S.C. 300h-3(e)] unless an
adequate secondary containment system is constructed, and after consideration of applicable
factors in Subparagraph (r)(3) of this Rule, the o’ iier or operator can demonstrate no
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ENR - SOLID WASTE MANAGEMENT TI5A: 13A .0100
unreasonable risk to public health.
(ii) within 200 feet of surface water impoundments or surface water stream with continuous flow
as defined by the United States Geological Survey;
(iii) in an area that will allow direct surface or subsurface discharge to WS-I, WS-fl or SA waters
or a Class III Reservoir as defined in 15A NCAC 2B .0200 and 15A NCAC 18C .0102.
(iv) in an area that will allow direct swface or subsurface discharge to the watershed for a Class I
or U Reservoir as defined in 15A NCAC 18C .0 102.
(v) within 200 feet horizontally of a 100-year floodplain elevation,
(vi) within 200 feet of a seismically active area as defined in Paragraph (c) of this Rule, and
(vu) witlun 200 feet of a trune, cave, or cavernous bedrock.
(3) The Department may require any hazardous waste management facility to comply with greater separation
distances or other protective measures necessary to avoid unreasonable risks posed by the proximity of the
facility to water table levels, flood plains, water supplies, public water supply watersheds, mines, natural
resources such as wetlands, endangered species habitats, parks, forests, wilderness areas, and historical sites,
and population centers or to provide an adequate buffer zone The Department may also require protective
measures necessary to avoid unreasonable risks posed by the soil pH, soil cation exchange capacity, soil
composition and permeability, climate, transportation factors such as proximity to waste generators, route,
route safety, and method of transportation, aesthetic factors such as the visibility, appearance, and noise level
of the facility, potential impact on air quality, and the existence of seismic activity and cavernous bedrock
In determining whether to require greater separation distances or other protective measures, the Department
shall consider the following factors.
(A) All proposed hazardous waste activities and procedures to be associated with the transfer, storage,
treatment or disposal of hazardous waste at the facility;
(B) The type of hazardous waste to be treated, stored, or disposed of at the facility,
(C) The volume of waste to be treated, stored, or disposed of at the facility-,
(D) Land use issues including the number of permanent residents in proximity to the facility and their
distance from the facility;
(E) The adequacy of facility design and plans for containment and control of sudden and non-sudden
accidental events in combination with adequate off-site evacuation of potentially adversely impacted
populations,
(F) Other land use issues including the number of institutional and commercial structures such as airports
and schools in proxirruty to the facility, their distance from the facility, and the particular nature of the
activities that take place in those structures;
(G) The lateral distance and slope from the facility to surface water supplies or to watersheds draining
directly into surface water supplies;
(H) The vemcal distance, and type of soils and geologic conditions separating the facility from the water
table;
(I) The direction and rate of flow of ground water from the sites and the extent and reliability of on-site
and nearby data concerning seasonal and long-term groundwater level fluctuations,
(J) Potential air emissions including rate, direction of movement, dispersion and exposure, whether from
planned or accidental, uncontrolled releases, and
(K) Any other relevant factors
(4) The following are additional location standards for landfills, long-term storage facilities and hazardous waste
surface impoundments’
(A) A hazardous waste landfill, long-term storage, or a surface impoundment facility shall not be located
(i) In the recharge area of an aquifer which is an existing sole drinking water source;
(ii) Within 200 feet of a surface water stream with continuous flow as defined by the United States
Geological Survey,
(iu) In an area that will allow direct surface or subsurface discharge to WS-I, WS-U or SA waters
or a Class 111 Reservoir as defined in 15A NCAC 2B .0200 and ISA NCAC 18C .0102,
(iv) In an area that will allow direct surface or subsurface discharge to a watershed for a Class I or
U Reservoir as defined in 15A NCAC 18C .0 102;
(v) Within 200 feet horizontally of a 100-year flood hazard elevation;
(vi) Within 200 feet of a seismically active area as defined in Paragraph (c) of this Rule, and
(vii) Within 200 feet of a mine, cave or cavernous bedrock.
(B) A hazardous waste landfill or long-term storage facility shall be located in highly weathered, relatively
impermeable clayey formations with the following soil characteristics
(i) The depth of the unconsolidated soil materials shall be equal to or greater than 20 feet;
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ENR - SOLID WASTE MANA GEMENT TI5A: 13A .0100
(ii) The percentage of flne-grained soil material shall be equal to or greater than 30 percent passing
through a number 200 sieve,
(iii) Soil liquid limit shall be equal to or greater than 30,
(iv) Soil plasticity index shall be equal to or greater than 15,
(v) Soil compacted hydraulic conductivity shall be a maximum of 1.0 x l0 cni/sec;
(vi) Soil Cation Exchange Capacity shall be equal to or greater than 5 milliequivalents per 100
grams:
(vii) Soil Potential Volume Change Index shall be equal to or less than 4, and
(viii) Soils shall be underlain by a competent geologic formation having a rock quality designation
equal to or greater than 75 percent unless other geolo cal conditions afford adequate protection
of public health and the environment.
(C) A hazardous waste landfill or long-term storage facility shall be located in areas of low to moderate
relief to the extent necessaiy to prevent landsliding or slippage and slumping. The site may be graded
to comply with this standard.
(5) All new hazardous waste impoundments that close with hazardous waste residues left in place shall comply
with the standards for h l,’2rdous waste landfills in Subparagraph (r)(4) of this Rule unless the applicant can
demonstrate that equivalent protection of public health and environment is afforded by some other standard
(6) The owners and operators of all new hazardous waste management facilities shall construct and maintain a
minimum of two observation wells, one upgradient and one downgradient of the proposed facility; and shall
establish background groundwater concentrations and monitor annually for all h27 rdous wastes that the
owner or operator proposes to store, treat, or dispose at the facility.
(7) The owners and operators of all new hazardous waste facilities shall demonstrate that the community has had
an opportunity to participate in the siting process by complying with the following.
(A) The owners and operators shall hold at least one public meeting in the county in which the facility is
tobe located to inform the community of all hazardous waste management activities including but not
limited to the hazardous properties of the waste to be managed, the type of management proposed for
the wastes; the mass and volume of the wastes; and the source of the wastes; and to allow the
community to identii ’ specific health, safet and environmental concerns or problems expressed by
the community related to the hazardous waste activities associated with the facility. The owners and
operators shall provide a public notice of this meeting at least 30 days prior to the meeting Public
notice shall be docwnented in the facility permit application. The owners and operators shall submit
as part of the permit application a complete written transcript of the meeting, all written material
submitted that represents community concerns, and all other relevant written material distributed or
used at the meeting The written transcript and other written material submitted or used at the meeting
shall be submitted to the local public library closest to and in the county of the proposed site with a
request that the information be made available to the public.
(B) For the purposes of this Rule, public notice shall include notification of the boards of county
commissioners of the county where the proposed site is to be located and all contiguous counties in
North Carolina; a legal advertisement placed in a ne spaper or newapapers serving those counties; and
provision of a ne’ s release to at least one newspaper, one radio station, and one TV station serving
these counties Public notice shall include the time, place, and purpose of the meetings required by
this Rule
(C) No less than 30 days after the first public meeting transcript is available at the local public libraiy, the
owners and operators shall hold at least one additional public meeting in order to attempt to resolve
community concerns The owners and operators shall provide public notice of this meeting at least 30
days prior to the meeting. Public notice shall be documented in the facility permit application. The
osviiers and operators shall submit as part of the permit application a complete written transcript of the
meeting, all written material submitted that represents community concerns, and all other relevant
written material distributed or used at the meeting.
(D) The application, wiiuen transcripts of all public meetings and any additional material submitted or used
at the meetings, and any additions or corrections to the application, including any responses to notices
of deficiencies shall be submitted to the local libraiy closest to and in the county of the proposed site,
with a request that the information be made available to the public until the permit decision is made
CE) The Department shall consider unresolved community concerns in the permit review process and
impose final permit conditions based on sound scientific, health, safety, and environmental principles
as authorized by applicable laws or rules
(s) 40 CFR 264.552 through 264 553 (Subpart S), “Corrective Action for Solid Waste Management Units”, are
incorporated by reference including subsequent amendments and editions
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(t) 40 CFR 264.570 through 264 575 (Subpart W), “Drip Pads”. are incorporated by reference including subsequent
amendments and editions.
(u) 40 CFR 264.600 through 264 603 (Subpart X), “Miscellaneous Units”, are incorporated by reference including
subsequent amendments and editions
(v) 40 CFR 264.1030 through 264.1049 (Subpart AA), “Air Emission Standards for Process Vents”, are incorporated
by reference including subsequent amendments and editions
(w) 40 CFR 264.1050 through 264.1079 (Subpart BB), “Air Emission Standards for Equipment Leaks”, are
incorporated by reference including subsequent amendments and editions
(x) 40 CFR 264 1080 through 264.1091 (Subpart CC), “Air Emission Standards for Tanks, Surface Impoundments,
and Containers”, are incorporated by reference including subsequent amendments and editions
(y) 40 CFR 264 1100 through 264 1102 (Subpart DD), “Containment Buildings”, aie incorporated by reference
including subsequent amendments and editions
(z) 40 CFR 264.1200 through 264 1202 (Subpart EE), “Hazardous Waste Munitions and Explosives Storage”, are
incorporated by reference including subsequent amendments and editions.
(aa) Appendices to 40 CFR Part 264 are incorporated by reference including subsequent amendments and editions.
History Note: Authority G.S. 130A-294(c); ISOB-21 6;
Eff November 19. 1980;
A mended Eff November 1, 1989; June 1. 1989, December 1. 1988, February 1, 1988;
Transferred and Recodified from 10 NCA C I OF .0032 Eff April 4, 1990,
Amended Eff August 1, 1990;
RecodijIed from iSA NCAC 13A .0010 Eff August 30, 1990;
Amended Eff July 1, 1995; October 1, 1993; April 1, 1993, October 1, 1992;
Recodijied from ISA NCAC 13A .0009 Eff December 20, 1996,
Amended Eff April 1, 1999
.0110 INTERIM STATUS STDS FOR OWNERS-OP OF HWTSD FACILITIES - PART 265
(a) 40 CFR 265 1 through 265 4 (Subpart A), “General”, are incorporated by reference including subsequent
amendments and editions
(b) 40 CFR 265 10 through 265.19 (Subpart B), “General Facility Standards”, are incorporated by reference including
subsequent amendments and editions
(c) 40 CFR 265 30 through 265.37 (Subpart C), “Preparedness and Prevention”, are incorporated by reference
including subsequent amendments and editions
(d) 40 CFR 265.50 through 265 56 (Subpart D), “Contingency Plan and Emergency Procedures”, are incorporated
by reference including subsequent amendments and editions.
(e) 40 CFR 265 70 through 265.77 (Subpart E), “Manifest System, Recordkeeping, and Reporting”, are incorporated
by reference including subsequent amendments and editions.
(1) 40 CFR 265 90 through 265.94 (Subpart F), “Ground-Water Monitoring”, are incorporated by reference including
subsequent amendments and editions
(g) 40 CFR 265.110 through 265 120 (Subpart G), “Closure and Post-Closure”, are incorporated by reference
including subsequent amendments and editions.
(h) 40 CFR 265.140 through 265 151 (Subpart H), “Financial Requiiements”, axe incorporated by reference including
subsequent amendments and editions, except that 40 CFR 265.143(a)(3), (a)(4), (a)(5), (a)(6), and 40 CFR
265 145(a)(3), (a)(4), (a)(5), are not incorporated by reference
(1) The following shall be substituted for the provisions of 40 CFR 265. 143(a)(3) which were not incorporated
by reference
The owner or operator shall deposit the full amount of the closure cost estimate at the time the fund is
established. Within one year of the effective date of these Rules, an owner or operator using a closure mist
fund established prior to the effective date of these Rules shall deposit an amount into the fund so that its
value after this deposit at least equals the amount of the current closure cost estimate, or shall obtain other
financial assurance as specified in this Section.
(2) The following shall be substituted for the provisions of 40 CFR 265.1 43(a)(6) which were not incorporated
by reference
After the trust fund is established, whenever the current closure cost estimate changes, the owner or operator
shall compare the new estimate with the trustee’s most recent annual valuation of the trust fund If the value
of the fund is less than the amount of the new estimate, the owner or operator within 60 days after the change
in the cost estimate. shall either deposit an amount into the fund so that its value after this deposit at least
equals the amount of the current closure cost eswnate. or obtain other financial assurance as specified in this
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Section to cover the difference.
(3) The following shall be substituted for the provisions of 40 CFR 265 1 45(a)(3) which were not incorporated
by reference:
(A) Except as otherwise provided in Part (h)(3)(B) of this Ride, the owner or operator shall deposit the full
amount of the post-closure cost estimate at the time the fund is established.
(B) If the Department finds that the owner or operator of an inactive hazardous waste disposal unit cannot
provide financial assurance for post-closure through any other option (e.g surety bond, letter of credit,
or corporate guarantee), a plan for annual payments to the trust fund during the interim status period
may be established by the Department by use of an Administrative Order.
(i) 40 CFR 265.170 through 265.178 (Subpart I), u J and Management of Containers”, are incorporated by
reference including subsequent amendments and editions. Additionally, the owner or operator shall keep records and
results of required inspections for at least three years from the date of the inspection.
(j) 40 CFR 265.190 through 265.202 (Subpart J), “Tank Systems”, are incorporated by reference including
subsequent amendments and editions.
(k) 4.0 CFR 265.220 through 265.231 (Subpart K), “Surface Impoundments”, are incorporated by reference including
subsequent amendments and editions
(1) 40 CFR 265.250 through 265.260 (Subpart L), “Waste Piles”, are incorporated by reference including subsequent
amendments and editions
(m) 40 CFR 265.270 through 265 282 (Subpart M), “Land Treatment’, are incorporated by reference including
subsequent amendments and editions
(n) 40 CFR 265.300 through 265.316 (Subpart N), “Landfills”, are incorporated by reference including subsequent
amendments and editions
(0) 40 CFR 265 340 through 265.3 52 (Subpart 0), “Incinerators”, are incorporated by reference including subsequent
amendments and editions
(p) 40 CFR 265 370 through 265.383 (Subpart P), “Thermal Treatment”, are incorporated by reference including
subsequent amendments and editions
(a) 40 CFR 265 400 through 265 406 (Subpart OJ, “Chemical, Physical, and Biological Treatment”, are incorporated
by reference including subsequent amendments and editions
(r) 40 CFR 265 440 through 265.445 (Subpart W), “Drip Pads”, are incorporated by reference including subsequent
amendments and editions.
(s) 40 CFR 265 1030 through 265.1049 (Subpart AA), “Air Emission Standards for Process Vents”, are incorporated
by reference including subsequent amendments and editions.
(t) 40 CFR 265 1050 through 265.1079 (Subpart BB), “Air Emission Standards for Equipment Leaks”, are
incorporated by reference including subsequent amendments and editions.
(u) 40 CFR 265.1080 through 265 1091 (Subpart CC), “Air Emission Standards for Tanks, Surface Impoundments,
and Containers”, are incorporated by reference including subsequent amendments and editions.
(v) 40 CFR 265.1100 through 265.1102 (Subpart DD), “Containment Buildings”, are incorporated by reference
including subsequent amendments and editions.
(w) 40 CFR 265.1200 through 265.1202 (Subpart EE), “Hazardous Waste Munitions and Explosives Storage”, are
incorporated by reference including subsequent amendments and editions.
(x) Appendices to 40 CFR Part 265 are incorporated by reference including subsequent amendments and editions
History Note: Authoria’y G.S. 130A-294(c); ISOB-21.6;
Eff November 19, 1980,
Amended Eff June 1, 1989; December 1, 1988, June 1, 1988; February 1, 1988;
Transferred and Recodijied from 10 NCAC IOF .0033 Eff April 4, 1990,
Recod:Jiedfrom 15.4 NCAC I3A .OOllEff August30, 1990;
Amended Eff July 1, 1995; April 1, 1993. October 1. 1992, February 1, 1992;
RecodiJIedfrom 15.4 NCAC 13.4 .OOIOEff December 20. 1996,
Amended Eff April 1, 1999.
.0111 STDS FOR THE MGMT OF SPECIFIC HW/TYPES HWM FACILITIES - PART 266
(a) 40 CFR 266.20 through 266.23 (Subpart C), “Recyclable Materials Used in a Manner Constituting Disposal”,
are incorporated by reference including subsequent amendments and editions
(b) 40 CFR 266.70 (Subpart F), “Recyclable Materials Utilized for Precious Metal Recovery”, is incorporated b
reference including subsequent amendments and editions
(c) 40 CFR 266.80 (Subpart G), “Spent Lead-Acid Batteries Being Reclaimed”, is incorporated by reference
including subsequent amendments and editions.
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(d) 40 CFR 266.100 through 266 112 (Subpart H), “ zardous Waste Burned in Boilers and Industnal Furnaces’.
are incorporated by reference including subsequent amendments and editions.
(e) 40 CFR 266.200 through 266.206 (Subpart M), Military Munitions”, are incorporated by reference including
subsequent amendments and editions
(f) Appendices to 40 CFR Part 266 are incorporated by reference including subsequent amendments and editions
History Note Authority G.S. 130.4-294(c); 150B-21.6,
Eff July 1. 1985,
Amended Eff June 1. 1990; June 1, 1988, February 1, 1988. December 1, 1987,
Transferred ondRecodified from 10 NCAC lOP .0039 Eff April 4, 1990,
RecodsJiedfrom 15.4 NCAC 13.4 .0012 Eff August 30, 1990;
Amended Eff January 1. 1995; April 1. 1993; August 1, 1991: October 1. 1990.
Recodified from 15A NCAC 13A .0011 Eff December 20. 1996;
A mended Eff April 1, 1999; August 1, 1998.
.0112 LAND DISPOSAL RESTRiCTIONS - PART 268
(a) 40 CFR 268 1 through 268 14 (Subpart A), “General”, are incorporated by reference including subsequent
amendments and editions
(b) 40 CFR 268 30 through 268 39 (Subpart C), “Prohibitions on Land Disposal”, are incorporated by reference
including subsequent amendments and editions
(c) 40 CFR 268 40 through 268 48 (Subpart D), “Treatment Standards”, are incorporated by reference including
subsequent amend.ments and editions
(d) 40 CFR 268.50 (Subpart E), “Prohibitions on Storage”, is incorporated by reference including subsequent
amendments and editions
(e) Appendices to 40 CFR Part 268 are incorporated by reference including subsequent amendments and editions
History Note Authority G.S. 130A -294(c): 150B-21. 6;
Eff August 1. 1987, -
A mended Eff June 1, 1990, June 1, 1989; June 1, 1988; February 1, 1988;
Transferred and Recodified from 10 NCAC IOF .0042 Eff April 4. 1990.
Recodijied from iSA NCAC 13A .0013 Eff August 30. 1990;
Amended Eff April 1, 1995; January 1. 1995; April 1. 1993; February 1, 1991;
Recodijied from 15A NCA C 13A .0012 Eff December 20, 1996;
Amended Eff August 1, 1998.
.0113 THE HAZARDOUS WASTE PERMIT PROGRAM - PART 270
(a) 40 CFR 270 1 through 2706 (Subpart A), “General Information”, have been incorporated by reference including
subsequent amendments and editions For the purpose of this incorporation by reference, “January 26, 1983” shall be
substituted for “July 26, 1982” contained in 40 CFR 270.1(c)
(b) 40 CFR 270 10 through 270.29 (Subpart B), “Permit Application”, have been incorporated by reference including
subsequent amendments and editions
(c) The following are additional Part B information requirements for all hazardous waste facilities.
(1) Description and documentation of the public meetings as required in I SA NCAC 13A .0009(r)(7);
(2) A descnption of the hydrological and geological properties of the site including, at a minimum, flood plains,
depth to water table, ground water travel time, seasonal and long-term groundwater level fluctuations,
proxixnityto public water supply watersheds, consolidated rock, soil pH, soil cation exchange capacity, soil
characteristics and composition and permeability, existence of’ cavernous bedrock and seismic activity, slope,
mines, climate, location and withdrawal rates of surface water users within the immediate drainage basin and
e1l water users within a one mile radius of the facility; water quality information of both surface and
groundwater within 1000 ft. of the facility, and a description of the local air quality
(3) A description of the facility’s proximity to and potential impact on wetlands, endangered species habitats,
parks, forests, wilderness areas, histoncal sites, mines, and air quality,
(4) A description of local land use including residential, industrial, commercial, recreational, agricultural and the
pro amity to schools and airports,
(5) A descnption of the pro mity of the facility to waste generators and population centers; a descnpuon of the
method of waste transportation, the comments of the local community and state transportation authority on
the proposed route, and route safety. Comments should include proposed alternative routes and restrictions
necessary to protect the public health:
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(6) A description of facility aesthetic factors includ ing visibility, appearance. and noise level; and
(7) A description of any other objective factors that the Department determines are reasonably related and
relevant to the proper siting and operation of the facility.
(d) In addition to the specific Part B information requirements for hazardous waste disposal facilities, owners and
operators of hazardous waste landfills or longierm storage facilities shall provide the following information
(1) Design drawings and specifications of the leachate collection and removal system;
(2) Design drawings and specifications of the artificial impervious liner:
(3) Design drawings and specifications of the clay or clay-like liner below the artificial liner, and a description
of the permeability of the clay or clay-like liner, and
(4) A description of how hazardous wastes will be treated prior to placement in the facility.
(e) In addition to the specific Part B information requirements for surface impoundments, owners and operators of
surface impoundments shall provide the following information
(1) Design drawings and specifications of the leachate collection and removal system,
(2) Design drawings and specifications of all artificial impervious liners;
(3) Design drawings and specifications of all clay or clay-like liners and a description of the clay or clay-like
liner, and
(4) Design drawings and specifications that show that the facility has been constructed in a manner that will
prevent landsliding, slippage, or slumping.
(1) 40 CFR 270.30 through 270.33 (Subpart C), “Permit Conditions”, have been incorporated by reference including
subsequent amendments and editions.
(g) 40 CFR 27040 through 27043 (Subpart D), “Changes to Permit”, have been incorporated by reference including
subsequent amendments and editions
(h) 40 CFR 27050 through 270.51 (Subpart E), “Expiration and Continuation of Permits”, have been incorporated
by reference including subsequent amendments and editions
(i) 40 CFR 270.60 through 270.66 (Subpart F), “Special Forms of Pernuis”, have been incorporated by reference
including subsequent amendments and editions.
(j) 40 CFR 270 70 through 270.73 (Subpart G), “Interim Status”, have been incorporated by reference including
subsequent amendments and editions For the purpose of this incorporation by reference, “January 1, 1986” shall be
substituted for “November 8, 1985” contained in 40 CFR 270.73(c).
(k) The following are additional permitting requirements concerning operating record of other facilities.
(1) An applicant applying for a permit for a hazardous waste facility shall submit a disclosure statement to the
Department as a part of the application for a permit or any time thereafter specified by the Department. The
disclosure statement shall be supported by an affidavit attesting to the truth and completeness of the facts
asserted in the statement and shall include’
(A) A brief description of the form of the business (e.g. partnership, sole proprietorship, corporation,
association, or other);
(B) The name and address of any hazardous waste facility constnicted or operated after October 21, 1976
by the applicant or any parent or subsidiary corporation if the applicant is a corporation; and
(C) A list identifying any legal action taken against any facility identified in Part (k)(l)(B) of this Rule
involving’
(i) any administrative ruling or order issued by any state, federal or local authority relating to
revocation of any environmental or waste management permit or license, or to a violation of any
state or federal statute or local ordinance relating to waste management or environmental
protection;
(ii) an), judicial determination of liability or conviction under any state or federal law or local
ordinance relating to waste management or environmental protection; and
(iii) any pending administrative or judicial proceeding of the type described in this Part.
(D) The identification of each action described in Part (k)(1)(C) of this Rule shall include the name and
location of the facility that the action concerns, the agency or court that heard or is hearing the matter,
the title, docket or case number, and the status of the proceeding
(2) In addition to the information set forth in Subparagraph (k)(1) of this Rule, the Department may require from
any applicant such additional information as it deems necessary to satisfy the requirements of G.S. 130A-295
Such information may include, but shall not be limited to:
(A) The names, addresses, and titles of all officers, directors, or partners of the applicant and of any parent
or subsidiary corporation if the applicant is a corporation;
(B) The name and address of any company in the field of hazardous waste management in which the
applicant business or any of its officers, directors, or partners, hold an equity interest and the name of
the officer, director, or partner holding such interest, and
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(C) A copy of any administrative ruling or order arid of any judicial determination of liability or conviction
described in Part (k)(I)(C) of this Rule, and a description of any pending administrative or judicial
proceeding in that item
(3) If the Department finds that any part or parts of the disclosure statement is not necessary to satisfy the
requirements of G S 130A-295, such information shall not be required
(I) An applicant for a new, or modification to an e asung, commercial facility permit, shall provide a description and
jusuiicauon of the need for the facilit
(m) Requirements for Off-site Recycling Facilities
(I) The permit requirements of this Rule apply to owners and operators of off-site recycling facilities
(2) The following provisions of 40 CFR Part 264, as incorporated by reference. shall apply to owners and
operators of off-site recycling facilrnes
(A) Subpart B - General Facility Standards
(B) Subpart C - Preparedness and Prevention
(C) Subpart D - Contingency Plan and Emergency Procedures
(D) Subpart E - Manifest System, Recordkeeping and Reporting
(B) Subpart G - Closure and Post-closure
(F) Subpart H - Financial Requirements
(0) Subpart I - Use and Management of Containers
(H) Subpart J - Tank Systems
(1) 264.101 - Corrective Action for Solid Waste Management Units
(J) Subpart X - Miscellaneous Units
(K) Subpart DD - Containment Buildings
(3) The requirements listed in Subparagraph (m)(2) of this Rule apply to the entire off-site recycling facility,
including all recycling units, staging and process areas, and permanent and temporary storage areas for
wastes
(4) The following provisions of I 5A NCAC 1 3A .0009 shall apply to owners and operators of off-site recycling
facilities
(A) The substitute financial requirements of Rule .0009(i)(1), (2) and (4).
(B) The additional standards of Rule :0009(r)(1), (2), (3), (6) and (7).
(5) The owner or operator of an off-site recycling facility shall keep a written operating record at his facility.
(6) The following information must be recorded, as it becomes available, and maintained in the operating record
until closure of the facility
(A) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its
treatment, storage, or recycling at the facility.
(B) The location of all hazardous waste within the facility and the quantity at each location. This
information must include cross-references to specific manifest document numbers if the waste was
accompanied by a manifest
(C) Documentation of the fate of all hazardous wastes received from off-site or generated on-site This
shall include records of the sale, reuse, off-site transfer, or disposal of all waste materials
(n) Permit Fees for Commercial Hazardous Waste Facilities
(1) An applicant for a permit modification for a commercial hazardous waste facility shall pay an application fee
as follows:
(A) Class I permit modification Sl00
(B) Class 2 permit modification $1,000
(C) Class 3 permit modification $5,000
(Note: Class I permit modifications which do not require prior approval of the Division Director are excluded from
the fee requirement)
(2) The application fee for a new permit, permit renewal, or permit modification must ac mpany the application,
and is non-refundable. The application shall be considered incomplete until the fee is paid Checks should
be made payable to Division of Solid Waste Management.
History Note AuthorztG.S 130.4-294(c); 130.4-294.1; !30A-295(a)(1),(2), (C); 150B-21 6,
Eff November 19. 1980,
Amended Eff November 1, 1989; June 1, 1988. February 1. 1988; December 1, 1987;
Transferred and Recodified from 10 NC4 C 1 OF. 0034 April 4, 1990,
Amended Eff August 1. 1990,
Recodifiedfrom 15.4 NC4C 13.4 .0014 Eff .4ugust 30. 1990.
Amended Eff .4pril 1. 1993. August 1, 1991. October 1. 1990.
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Recodijied from 15A NCAC 13,1 .0013 Eff December 20. 1996
.0114 REQMNTS/AUTHORIZATION OF STATE BAZARDOUS WASTE PROG - PART 271
40 CFR 271.17, “Sharing of information”, has been incorporated by reference including subsequent amendments and
ediuons
History Note: Authority G S 130A-294(c). 150B-21 6.
Eff January 1. 1986.
Amended Eff June 1, 1988. December 1. 1987. August). 1987, May 1. 1987,
Transferred and Recodijied from 10 NCAC 1 OF .0041 Eff April 4. 1990,
Recod:Jiedfrom 15.4 NC4C 13.4 .0015 Eff August 30. 1990;
Amended Eff Apr:!!. 1993. October 1. 1990,
Recodified from 15.4 NCAC 13A 0014 Eff December 20. 1996
.0115 ANNUAL REPORTS
History Note. Authority G.S. 130A-294(c);
Eff January 1. 1984,
Transferred and Recodijied from 10 NCAC IOF .0037 Eff April 4. 1990:
Recodified from iSA NCA C 13A .0004 Eff August 30, 1990;
Repealed Eff May 1. 1991;
Recod:fiedfrom 15A NCAC 13A .0015 Eff December 20. 1996.
.0116 SPECIAL PURPOSE COMMERCIAL HAZARDOUS WASTE FACILITY
(a) The Department shall evaluate all commercial hazardous waste facilities to determine a score for each facility in
accordance with Paragraph (c) of this Rule
(b) A commercial hazardous waste facility (other than an incinerator or a land disposal facility) with a volume of
waste of 20,000 tons or less per year of hazardous waste and having a total score pursuant to Paragraph (c) of this Rule
of less than 33 is designated as a special purpose commercial hazardous waste facility. These facilities shall be
classi.fied as follows
Total Score CateRorv
1-13 1
14-22 2
23-32 3
(C) A score for each facility shall be determined by adding the total score for Subparagraphs (c)(l) - (c)(7) of this
Rule and subtracting the score for Subparagraph (c)(8) of this Rule.
(1) A score shall be assigned for smallness of the facility by adding the applicable score for storage and the
applicable score for treatment using Table 1.
TABLE 1
Smallness of Facility Constructed CaDacitv Score
Storage <10,000 1
(gallons) 10,000.100,000 2
>100,000 3
Treatment. <10,000 1
(gal lons/ 10,000-100,000 2
per day) >100,000 3
(2) A score shall be assigned for type of treatment permitted by adding the score for each type of treatment being
performed by the facility using Table 2.
TABLE 2
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Tv e of Treatment Being Performed Score
Storage Only 1
Solvent Recovery 2
Metal Recovery 2
Energy Recovery 2
Fuel Blending 2
Aqueous Treatment 3
Stabilization 2
Incineration 5
Residuals Management 5
Other Treatment 2
(3) A score shall be assigned for the nature of hazardous waste by adding the score for acute waste, if acute waste
totals more than 1,000 pounds, and the score for each other type of hazardous waste that constitutes ten
percent or more of the total hazardous waste handled by the facility, using Table 3 However, if the facility
is permrned for storage only and no treatment is performed, the score for nature of hazardous waste shall be
reduced by one-half for each hazardous waste stream stored only
TABLE 3
Nature of Hazardous Waste Score
( from Annual Report )
Corrosive 1
Ignitable 2
Reactive 2
To’acitv Charactensuc 2
Listed Toxic 2
Acute 3
(4) A score shall be assigned for volume of hazardous waste by using the applicable score in Table 4
TABLE 4
Volume of Waste (Tons from Annual Report) Score
<2,000
2,000-10.000 2
10,000-20,000 3
(5) A score shall be assigned for uniformity, similarity and lack of diversity of waste streams by using the
applicable score in Table 5.
TABLE 5
Umfornurv. Similarir ’. Lack of Diversity of
Waste Streams (EPA Waste Numbers) From
Annual Report Score
<5
5-75 2
>75 3
(6) A score shall be assigned for predictability and treatability of site specific waste streams by using the
applicable score in Table 6
TABLE 6
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Predictability and Treatabilitv of Waste Streams Score
Simple Waste Streams and Treatment 1
Complex Waste Streams and Treatment 2
(Incompatibles, highly toxic, or
multicoded waste streams)
(7) A score shall be assigned for compliance history for the past two years by using the highest applicable score
in Table 7.
TABLE 7
Compliance History for Past Two Years Score
Class II Violations 1
Class I Violations 2
Penalties 3
Injunctions 5
(8) A score shall be assigned for reclamation by using the applicable score in Table 8.
TABLE 8
Reclamation (Credit Given) Score
Pretreatment for Off-site Reclamation I
On-site Reclamation 2
(d) The information referred to in Paragraph (c) of this Rule shall be determined based on the facility’s permit, the
previous year’s annual report, and compliance histor$’. If no annual report was submitted, quarterly projections of waste
volume shall be submitted to the Department by the facility. Each facility may be re-evaluated at any time new
information is received by the Department concerning the factors in Paragraph (c) of this Rule.
(e) The frequency of inspections at special purpose commercial hazardous waste facilities shall be determined by the
facility’s classification as follows:
Cate2orv Minimum Inspections
1 2 per month
2 4 per month
3 6permonth
History Note: Filed as a TempororyAdoption Eff February 15, l99Ifor a period of 180 days to expire on
August 14. 199!;
Authority G.S. 130A-295.02(j);
ARRC Objection Lodged February 25, 1991;
ARRC Objection Removed March 21. 1991;
Eff August 1. 1991;
Amended Eff April 1, 1994;
Recodifled from ISA NCAC 13A .0016 Eff December 20, 1996.
.0117 FEE SCHEDULES
(a) A commercial hazardous waste storage, treatment, or disposal facility other than a special purpose facility shall
pay monthly, in addition to the fees applicable to all hazardous waste storage, treaunent, or disposal facilities as required
by G.S. 130A-294. 1, a charge of forty-one dollars ($41.00) per hour of operation. The fee shall be paid for any time
when hazardous waste is managed or dunng periods of maintenance, repair, testing, or calibration. Each facility shall
submit an operational schedule to the Department on a quarterly basis.
(b) A special purpose commercial hazardous waste facility shall pay monthly, in addition to the fees applicable to
all hazardous waste treatment, storage or disposal facilities as required by G.S. 1 30A-294. 1, a charge of three dollars
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($3 00) per ton of hazardous waste received during the previous month and an additional charge based on the frequency
of inspections as follows
Category Fee
$888 00
2 51,77600
3 $2,664.00
History Note. Authority G.S 130A-295.02(h);
Temporary .4doption Eff February 15, 199/for a period of 180 days to expire on
August 14, 1991:
ARRC Objection Lodged February 25. 1991,
ARRC Objection Lodged March 21, 1991;
Eff August 1. 1991.
Recodijied from iSA NCAC 13A .0017 Eff December 20. 1996.
.0118 STANDARDS FOR THE MANAGEMENT OF USED OIL
(a) 40 CFR 279 1 (Subpart A), “Definitions”, has been incorporated by reference including subsequent amendments
and editions, except that the Definition for “Used Oil” is defined by G.S. 130A-290(b) and is not incorporated by
reference.
(b) 40 CFR 279.10 through 279.12 (Subpart B), “Applicability”, have been incorporated by reference including
subsequent amendments and editions.
(c) 40 CFR 279 20 through 279 24 (Subpart C), “Standards for Used Oil Generators”, have been incorporated by
reference including subsequent amendments and editions
(d) 40 CFR 279 30 through 279.32 (Subpart D), “Standards for Used Oil Collection Centers and Aggregation Points”,
have been incorporated by reference including subsequent amendments and editions
(e) 40 CFR 27940 through 279.47 (Subpart E), “Standards for Used Oil Transporter and Transfer Facilities”, have
been incorporated by reference including subsequent amendments and editions.
(f) 40 CFR 279.50 through 279.59 (Subpart F), “Standards for Used Oil Processors and Re-Refiners”, have been
incorporated by reference including subsequent amendments and editions.
(g) 40 CFR 279.60 through 279.67 (Subpart G), “Standards for Used Oil Burners Who Burn Off-Specification Used
Oil for Energy Recovery”, have been incorporated by reference including subsequent amendments and editions
(h) 40 CFR 279 70 through 279 75 (Subpart H), “Standards for Used Oil Fuel Marketers”, have been incorporated
by reference including subsequent amendments and editions.
(i) 40 CFR 279 80 through 279.81 (Subpart I), “Standards for Use as a Dust Suppressant and Disposal of Used Oil”
ha e been incorporated by reference including subsequent amendments and editions. {Note: 40 CFR 279.82, which
addresses used oil as a dust suppressant, is specifically not incorporated by reference. See also G.S. 130A-309. 15 for
prohibited acts regarding used oil)
(j) Additional State Reqwremerns
(1) By July 1 of each year the following persons shall notify the Department by submitting an annual report
listing the type and quantity of used oil transported, collected, and recycled during the preceding calendar
year, on Department forms:
(A) Persons transporting more than 500 gallons of used oil per week over public highways.
(B) Collection facilities that annually receive more than 6,000 gallons of used oil excluding the volume
of used oil collected from individuals that change their own personal motor oil.
(C) Facilities that annually recycle more than 10,000 gallons of used oil.
(D) Public used oil collection centers.
(2) The following persons are not required to comply with 15A NCAC 13A .O018(j)(l)
(A) An electric utility that generates used oil which is reclaimed, recycled, or re-refined on-site for use in
its operations
(B) An on•site burner that bums its own on-specification used oil provided that the facility is in compliance
with any Air Quality permit requirements established by the Department
(3) An annual fee of twenty five dollars ($25 00) shall be paid by all persons idenuuied in l5A NCAC l3A
.0018(j)(1)(A)-(C) by July I of each year.
History Note. A uthoritv G.S 130A ..29.4b,), ‘c,J, 150B-21. 6.
Eff October 1. 1993.
NORTH CAROLINA ADMINISTRATIVE CODE 04/05/99 Page 17
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ENR - SOLID WASTE M 1 4NA GEMENT TISA: 13A .0100
Recod:jiedfrom ISA NCAC 13.4 .0018 Eff December 20, 1996.
.0119 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT - PART 273
(a) 40 CFR 273.1 through 273.6 (Subpart A), “General” are incorporated by reference including subsequent
amendments and editions.
(b) 40 CFR 273.10 through 273.20 (Subpart B), “Standards for Small Quantity Handlers of Universal Waste’ are
incorporated by reference including subsequent amendments and editions.
(c) 40 CFR 273.30 through 273.40 (Subpart C), “Standards for Large Quantity Handlers of Universal Waste” are
incorporated by reference including subsequent amendments and editions.
(d) 40 CFR 273.50 through 273.56 (Subpart D), “Standards for Universal Waste Transporters” are incorporated by
reference including subsequent amendments and editions.
(e) 40 CFR 273.60 through 273.62 (Subpart E), “Standards for Destination Facilities” are incorporated by reference
including subsequent amendments and editions.
(f) 40 CFR. 273.70 (Subpart F), “Import Requirements” is incorporated by reference including subsequent
amendments and editions.
(g) 40 CFR 273.80 through 273.81 (Subpart G), “Petitions to include Other Wastes Under 40 CFR Part 273” are
incorporated by reference including subsequent amendments and editions, except that 40 CFR 273.80(a) and (b), are
not incorporated by reference.
(1) The following shall be substituted for the provisions of 40 CFP. 273.80(a) which were not incorporated by
reference:
Any person seeking to add a hazardous waste or a category of hazardous waste to this Part may petition for
a regulatory amendment under this Subpart and i SA NCAC 24B .000 1 and 40 CFR 260.23.
(2) The following shall be substituted for the provisions of 40 CFR 273.80(b) which were not incorporated by
reference:
To be successful, the petitioner must demonstrate to the satisfaction of the Mminisuator that regulation under
the universal waste regulations of 40 CFR Part 273 is:
(A) appropriate for the waste or category of waste; will improve management practices for the waste or
category of waste; and will improve implementation of the hazardous waste program;
(B) the petition must include the information required by iSA NCAC 24B .000 1; and
(C) the petition shall also address as many of the factors listed in 40 CFR 273.81 as are appropriate for the
waste or waste category addressed in the petition.
Hisiory Note: Authority G.S. 130A-294(c); 150B-21.6;
Eff January 1, 1996;
Recodifled from ISA NCAC 13.4 .0019 Eff December 20, 1996;
Amended Eff August 1, 1998.
NORTH CAROLINA ADMINISTRATIVE CODE 04/05/99 Page 18
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7
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IMPORI4NT NJr :
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RCRA PARALLEL CITATIONS FOR SOUTH CAROLINA
TOPIC
CFR
S.C. Code Regs. x (l9xx)
Hazardous Waste
Management System
260.1 and 260.2
260.10 (definitions)
R. 6 1-79.260
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261.1
R. 61-79 261
“solid waste” definition
261.2
R. 61-79.261.2
“hazardous waste” definition
261.3
R. 61-79.261.3
“solid waste” exclusions
261 4
R. 61-79.26 1 4
requirements for CESQG
261.5
R 61-79.261.5
criteria for identifying
characteristics of hazardous
waste
261.10
R. 61-79.261.10
criteria for listing hazardous
waste
261 11
R. 61-79.261 11
characteristics of hazardous
waste
261 20-261.24
R 61-79.261.20
R 61-79.261.21- ignitability
R 61-79.261 22- corrosivity
R. 61-79.261.23- reactivity
R. 61-79.261.24- toxicity
lists of hazardous wastes
261.30-261.32
R. 61-79.261.30- general
R. 61-79.261.3 1- nonspecific
R. 61-79.261.32-_specific
South Carolina; Final Authorization of State Hazardous Waste Management Program.
• 50FR46437(11/8/85)
• effective date 11/22/85
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50 FR 46437-01 Page 13
1985 WL 109132 (F.R.)
(Cite as: 50 FR 46437)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[ OSW-FRL-2921 -61
South Carolina; Decision on Final Authorization of State Hazardous Waste
Management Program
Friday, November 8, 1985
*46437 AGENCY: Environmental Protection Agency.
ACTION: Notice of Final Determination on South Carolina’s Application for Final Authorization.
SUMMARY: South Carolina has applied for Final Authorization under the Resource Conservation and Recovery Act
(RCRA). EPA has reviewed South Carolina’s application and has reached a final determination that South Carolina’s
Hazardous Waste Program satisfies all of the requirements necessary for Final Authorization. Thus, EPA is granting
Final Authorization to the State to operate its program in lieu of the Federal program.
EFFECTIVE DATE: Final Authorization for South Carolina, for purposes of judicial review, shall be effective at
1:00 p.m. Eastern time on November 22, 1985. However, in accordance with § 271.20(e), this Notice constitutes
the Agency’s official decision to approve South Carolina for Final Authorization.
FOR FURTHER iNFORMATION CONTACT:Otis Johnson Jr., Chief, Waste Planning Section, Residuals
Management Branch, Waste Management Division, U.S. Environmental Protection Agency, 345 Courtland Street
N.E., Atlanta, Georgia 30365, (404) 257-3016.
SUPPLEMENTARY INFORMATION:
I. Background
Section 3006 of the Resource Conservation and Recovery Act (RCRA) allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate in the State in lieu of the Federal
program. To qua1if ’ for Final Authorization, a State’s program must: (1) Be “equivalent” to the Federal program,
(2) be consistent with the Federal program and other State programs, and (3) provide for adequate enforcement
(Section 3006(b) of RCRA, 42 U.S.C. 6226(b)). On July 23, 1984, South Carolina submitted a complete application
to obtain Final Authorization to administer a RCRA program. On October 25, 1984, EPA published a tentative
decision announcing its intent to grant South Carolina Final Authorization. Further background on the tentative
decision appears at 49 FR 42959, October 25, 1984.
In the October 25 notice announcing the Agency’s tentative determination, EPA announced the availability of the
State’s application for public review and comment and the date of a public hearing on the application. The public
hearing was not held, since neither EPA nor the South Carolina Department of Health and Environmental Control
received a significant show of interest in holding the hearing.
On March 5, 1985, the decision to grant fmal authorization to South Carolina was temporarily postponed. At that
time, EPA decided to defer a final decision until July 1985 to allow the State a reasonable period of time to resolve
identified issues.
Prior to EPA’s review of the State’s performance in July 1985, the South Carolina Hazardous Waste Management
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50 FR 46437-01 Page 14
(Cite as: 50 FR 46437, *46437)
Act (1935 Act. No. 436) was amended to establish increased fees for disposal of hazardous waste. The amendments
passed in June 1985 changed section 44-56-170 to raise the fee for land disposal of wastes generated within the State
from $5.00 to $13.00 per ton. For land disposal of wastes generated outside the State, the fee was raised from $7.50
per ton to either $18.00 per ton or to the amount that would be charged for land disposal by the State in which the
wastes were generated, whichever is higber.
*46438 EPA determined that this statutoiy change constituted a substantial program revision, and in accordance with
40 CFR 271.20(b), the Agency decided to solicit public comment. On September 13, 1985 (50 FR 37385), EPA
published a second notice of tentative determination to approve the State. In that notice, EPA highlighted the question
of whether the South Carolina Hazardous Waste Management Act Amendments rendered the State program
inconsistent with the Federal program or approved State programs under RCRA.
The question to be settled before EPA granted final authorization was whether the South Carolina fee schedule
rendered the State program inconsistent with the Federal program and other State programs. Under § 271.4(a) a
State treatment, storage or disposal at facilities authorized to operate under the Federal or an approved State program
In the notice of tentative determination, EPA stated that while higher fees for out-of-State wastes should not be
encouraged, the Agency did not have any evidence to indicate that the new fees would unreasonably restrict, impede,
or operate as a ban on the transportation of hazardous waste into the State. The only evidence before the Agency at
that time were South Carolina’s statements that the fee imposed constitutes a “relatively small percentage” of the
actual cost of disposal and that, in the State’s view, it would not unreasonably restrict or impede the movement of
hazardous waste (50 FR 37386, September 13, 1985). The Agency solicited comment on whether the State law
unreasonably restricts, impedes or operates as a ban on the importation of hazardous waste, under the consistency
requirements of 40 CFR 271.4(a). EPA received written comments and also held a public hearing in Columbia,
South Carolina.
11. Basis for EPA’s Decision to Grant Final Authorization
The Agency today is making a final determination that the South Carolina fee schedule does not impose an
unreasonable impediment or restriction or operate as a ban on the free movement of hazardous waste under 40 CFR
271.4. The fee schedule is not inconsistent with the Federal program or approved State programs under this
regulation or under RCRA. This section explains the reasons for the Agency’s decision on this matter. Because this
was the only outstanding issue, the Agency is now able to grant final authorization to the State.
A. EPA’s regulation
EPA adopted the present regulation at 40 CFR 271 .4(a) on May 19, 1980 (see 45 FR 33395, 33465-66, May 19,
1980). The regulation states that any aspect which “unreasonably restricts, impedes or operates as a ban” is deemed
inconsistent.
In the preamble discussing § 271.4(a), EPA explained the regulation as follows. The Agency stated that any aspect
of the program which operates as a ban on the interstate movement of hazardous waste is automatically inconsistent.
The Agency noted that this position was supported by a court decision, City of Philadelphia v. New Jersey, 437 U.s.
617 (1978), which held unconstitutional a statute banning transportation of certain wastes into the State for disposal
because it violated the commerce clause of the Constitution. (This discussion is consistent with that in the preamble to
the proposed regulation (44 FR 34259, June 14, 1979).)
EPA did not discuss what criteria it would apply in determining whether State programs unreasonably restrict or
impede the free movement of hazardous waste. However, it is clear from the regulation that EPA intended
“unreasonable restrictions or impediments” to render State programs inconsistent. The question of whether a State
provision unreasonably restricts or impedes the free movement of hazardous waste did not arise in any final decision
to grant RCRA final authorization until South Carolina’s amended statute raised this issue.
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50 FR 46437-01 Page 15
(Cite as: 50 FR 46437, 46438)
B. The Agency’s Tentative Decision on South Carolina Authorization
As noted above, EPA tentatively concluded that the South Carolina statute did not render the State program
inconsistent under 40 CFR 271.4(a). In reaching this conclusion, the Agency considered all available facts. It
appeared reasonably clear from the face of the statute that the fee schedule was not a ban and that it did not operate as
a ban. The evidence before the Agency did not indicate that the fee schedule had significantly affected the flow of
hazardous waste into the State. However, because the amended statute was a potentially significant change to the
State program which might affect authorization under 40 CFR 271.4, the Agency solicited comment on whether the
fee schedule unreasonably restricts or impedes the flow of hazardous waste into South Carolina.
C. Public Comment
Public comment, with one exception, supported EPA authorization of the State program. Several commenters did
not address the question of the fee schedules but generally stated that South Carolina’s RCRA program was supported
by adequate legal authority and staffing and therefore deserved authorization. The only land disposal facility in South
Carolina known to the Agency to accept out-of-State hazardous waste and to pay the fees at issue also generally
supported authorization, but did not address the question rasied by the fee schedule.
Several other commenters who favored authorization argued that the fee schedule was reasonable and justified. They
provided a variety of rationales including that the higher fees were appropriate: (1) To discourage land disposal as it
is enviornmentally the least desireable form of disposal, (2) to raise money that might be expended to address released
from land disposal units, (3) to discourage land disposal and thereby conserve the State’s limited land disposal
resources, and (4) to supplement State funds for monitoring compliance at land disposal facilities accepting out-of-
State wastes.
The State of South Carolina commented that the one land disposal facility in South Carolina which accepts out-of-
State wastes charges $90.00 per ton for disposal. First, the State noted that the new fee differential of $5.00 per ton
for out-of-State wastes represents but a small percentage of this charge. The State believed that this small amount
would not discourage out-of-State generators from using the facility. Second, the State noted that during the period of
July to September of 1984 there were 16,848 tons of out-of-State waste disposed at the facility. During the same
period in 1985, when the new fee schedule was in place, there were 26,352 tons of out-of-State waste disposed. The
State cited this increase as factual proof that the fee schedule has not had any adverse impact on the amount of waste
imported into the State. The State reported that fees had been collected at both the $18.00 rate and at higher rates
corresponding to the fees of the States from which the wastes were shipped. Third, the State noted that a fee
differential, including rates equivalent to those charged in the shipping State, had existed for several years and that
there has been a continuing increase in the volume of wastes imported into the State.
The Hazardous Waste Treatment Council was alone in opposing authorization for South Carolina. The Council did
not dispute that the volume of imported waste had increased despite the higher fees. Rather, they believed *46439
that the fee schedule discriminates on its face against interstate commerce and therefore was an unconstitutional and
unreasonable restriction on the free flow of waste. The Council argued that: (1) The disparity in fees rendered the
program “inconsistent” under RCRA 3006(b) as it did not promote the essential uniformity among hazardous waste
programs intended by Congress, (2)the disparity in favor of in-State wastes was unconstitutional and therefore was
inconsistent under RCRA 3006(b) and an unreasonable restriction or impediment under § 271.4(a), and (3)
discriminatory statutes will frustrate RCRA objectives for a national market for development of proper treatment and
dispsoal practices.
The Council stated that in promulgating 40 CFR 271.4, EPA had adopted a constitutional test to determine what is an
unreasonable restriction and impediment. Therefore, they argued that the unconstitutional statute violated § 271.4(a).
They also argued that it would be too difficult to assess whether there is in fact a significant discrimination on a case-
by-case basis.
EPA believes that these are the substantive comments relating to the fee schedule and the Agency’s decision. These
and other comments are addressed in this notice and in a separate comment and response document that is available
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50 FR 46437-01 Page 16
(Cite as: 50 FR 46437, *46439)
from EPA Region IV (address listed at the front of this notice).
D. Application of § 271.4(a) to South Carolina’s Fee Schedule
EPA carefully evaluated the above comments in determining whether the South Carolina fee schedule was an
unreasonable restriction or impediment to the free movement of hazardous waste.
The Agency has determined that in applying § 271.4(a) to State laws and regualtions, EPA should look to whether
the State provision in fact has or is likely to have a significant adverse effect on the follow of hazardous waste into or
out of the State. Thus, the unreasonableness of the restriction or impediment under § 271.4(a) should be measured
by the impact of likely impact on the actual flow of waste. In applying this test, EPA will look to all relevant factors.
The Agency will primarily focus on any available evidence on the quantities of wastes that are imported and exported.
The Agency believes that this test is a reasonable interpretation of its regulation and does not conflict with section
3006 of RCRA. Section 271.4(a) does not by its terms prohibit any restrictions or impediments, only those that are
unreasonable. Reasonable restrictions or impediments can logically include those that do not significantly decrease
the flow of hazardous waste. Therefore, EPA does not agree that any disparity in treatment between in-State and out-
of-State wastes is per se unreasonable. Contrary to the statement by the Hazardous Waste Treatment Council, the
preamble adopting this regulation did not state that EPA was relying on the Constitutional test for impremissible
restraints on interstate commerce as the basis for finding restrictions or impediments unreasonable. The Agency is
not required to adopt the Constitutional test for impediments or restrictions in interpreting its own regulations, and
declines to do so here.
EPA also believes that its interpretation of the regulation accords with RCRA. RCRA section 2006 requires EPA to
approve State programs unless it finds they are; (1) Not equivalent, (2) not consistent, or (3) lacking adequate
enforcement authority. To be equivalent, States must adopt a set of basic statutes and regulations that are equivalent
to EPA’s. In addition, States may adopt requirements which are more stringent or different than EPA’s authority.
More stringent requirements are expressly permitted by RCRA section 3009. These requirements may have some
adverse effect on interstate commerce. Different requirements are permissible if they are not inconsistent with the
Federal program and approved State programs. Authorized States have adopted many State requirements that are
unlike the requirements of other States and which, in some cases, have an effect on the flow of wastes. The Agency
does not believe that the mere existence of differences or disparities in treatment makes State programs inconsistent
per se. Congress expected that States would not have identical programs and recognized the importance of allowing
States to experiment with different requirements. Congress gave EPA the authority to interpret the term “consistent”;
the Agency has interpreted the term in § 271.4 to prevent unreasonable restrictions or impediments in authorized
programs. Nothing in RCRA section 3006(b) or any other section of RCRA requires the Agency to adopt the
Constitutional test as the test for consistency or unreasonable restrictions or impediments.
The Agency does not believe that higI er fees for out-of-State wastes or other discriminatory practices should be
encouraged. EPA is concerned that such fees may discourage wastes from going to the most appropriate facility for
treatment or disposal.
However, it appears that South Carolinas fee schedule does not have a significant adverse effect on the flow of
hazardous waste into or out of the State. All available evidence supports this conclusion. The fact that the fee
differential is small in most cases indicates that the out-of-State fee probably will not restrict a significant volume of
waste. Moreover, the fact that the volume of out-of-State wastes increased significantly after the higher fees were
imposed suggests that there is not a significant adverse impact on the flow of wastes. The fees clearly do not operate
as a ban in this case. in addition, some fees were collected at the higher rate based on the fees of other States.
Finally, the volume of wastes imported into the State has increased over the years despite a fee differential which
included fees based on those in the State of origin. Although it is unknown how much more waste might have entered
South Carolina if there were no fee differential, there is no information to suggest that a significant volume might be
affected. The Agency disagrees that this test (which looks to the facts of each case) is too difficult to apply.
Several comments related to the reasons for the State’s adoption of the fee schedule and one addressed the concern
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50FR46437-O1 Page 17
(Cite as: 50 FR 46437, *46439)
that discriminatory practices would frustrate RCRA objectives for a national market for proper treatment and disposal
practices. EPA acknowledges that the State offered several reasons for the fee differential. However, the Agency
believes that the reasons for the adoption of the fee or any purported benefits are not generally relevant to the
question of reasonableness of the impediment or restriction. If a provision has little or no impact on the flow of
wastes, EPA does not believe that the actual motives or benefits resulting from the provision should preclude
authorization. EPA is also concerned that different provisions for in-State and out-of-State wastes may frustrate the
best possible treatment and disposal of wastes. As noted above, RCRA intended that State programs be generally
uniform for purposes of encouraging proper treatment and disposal and EPA has interpreted this consistency
requirement to deny authorization where restrictions or impediments are unreasonable. It does not require EPA to
deny authorization merely because in-State and out-of-State wastes are regulated somewhat differently by the State.
In any event, there is no evidence that proper *46440 treatment or disposal is adversely affected by this statute; the
volume of wastes into South Carolina has increased.
In applying this facts and circumstances test, EPA is aware that circumstances may change over time. The Agency
will therefore periodically reassess provisions which may unreasonably impede the flow of wastes, including this fee
schedule of South Carolina. In addition, any provisions adopted by States seeking authorization and which impose or
result in restrictions or impediments on the flow of wastes will be subjected to careful scrutiny. If an authorized State
adopts restrictions or impediments that may affect the flow of hazardous wastes, EPA may find that such changes are
significant revisions to the State’s program and provide public notice and comment under § 271.21 on their potential
impacts on interstate transportation of wastes, if the restrictions or impediments are found to be unreasonable, they
would be grounds for withdrawal of the authorized program under § 271.22.
For the reasons discussed above, EPA has concluded that South Carolinas fee schedule is not an unreasonable
impediment or restriction on the flow of waste into the State and that authorization is not precluded by § 271.4(a).
Nevertheless, the Commissioner of the South Carolina Department of Health and Environmental Control has
informed the Agency that he will recommend to the South Carolina Legislature that it repeal that aspect of the fee
schedule which imposes higher fees based on rates charged by the State of origin. EPA supports this effort.
South Carolina is not authorized by the Federal government to operate the RCRA program on Indian lands and ths
authority wiH remain with EPA.
Final authorization is hereby granted to South Carolina to operate its hazardous waste management program in lieu
of the Federal program subject to the limitation on its authority by the Hazardous and Solid Waste Amendments of
1984 (Pub. L. 98-616, November 8, 1984). South Carolina now has the responsibility for permitting treatment,
storage, and disposal facilities within its borders and carrying out the other aspects of the RCRA program. South
Carolina also has primary enforcement authority, although EPA retains the right to conduct inspections and make
information requests under section 3007 of RCRA and to take enforcement action under sections 3008, 3013, and
7003 of RCRA.
Prior to the Hazardous and Solid Waste Amendments (HSWA) amending RCRA, a State with final authorization
administered its hazardous waste program entirely in lieu of EPA. EPA’s regulations no longer applied in the
authorized State, and EPA could not issue permits for any facilities the State was authorized to permit.
Now, however, under section 3006(g) of RCRA, 42 U.S.C. 6226(g), the new Federal requirements and prohibitions
imposed by the HSWA take effect in authorized States at the same time as they take effect in non-authorized States.
EPA is directed to carry out those requirements and prohibitions, including the issuance of full or partial permits, in
authorized States until the State is granted authorization to do so.
As a result of HSWA, there will be a dual State-Federal regulatory program in South Carolina. To the extent the
authorized State program is unaffected by the HSWA, the State program will operate in lieu of the Federal program.
EPA will administer and enforce the portions of the HSWA in South Carolina until the State receives authorization to
do so. Among other things, this will entail the issuance of Federal RCRA permits for those areas in which the State
is not yet authorized. Once the State is authorized to implement a HSWA requirement or prohibition, the State
program in that area will operate in lieu of the Federal program. Until that time the State will assist EPA’s
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50 FR 46437-01 Page 18
(Cite as: 50 FR 46437, 46440)
implementation of the HSWA under a Cooperative Agreement.
Federal HSWA requirements that are more stringent than the State’s program apply in South Carolina. Any State
requirement that is more stringent than a Federal HSWA provision also remains in effect. (South Carolina is not
being authorized now for any requirement implementing the HSWA.)
EPA has published a Federal Register notice that explains in detail the HSWA and its effect on authorized States.
Refer to 50 FR 2872-28755, July 15, 1985.
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this rule from the requirements of section 3 of Executive Order
12291.
Certification Under the Regulatory flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), 1 hereby certify that this authorization will not have a significant
economic impact on a substantial number of entities. This authorization effectively suspends the applicability of
certain Federal regulations in favor of South Carolina’s program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new burdens on small entities. This rule, therefore,
does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous waste, Indian lands, Reporting and recordkeeping requirements, Waste treatment and disposal,
Intergovernmental relations, Penalties, Confidential business information.
Authority: This notice is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Soid Waste
Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b), and EPA Delegation 8-7.
Dated: November 5, 1985.
Jack E. Ravan,
Regional Administrator.
[ FR Doc. 85-26814 Filed 11-7-85; 8:45 am]
BILLING CODE 6560-50-M
50 FR 46437-01, 1985 WL 109132 (F.R.)
END OF DOCUMENT
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Federal and State Regulations
South Carolina
Chapter 61 Department of Health and Environmental Control
R 61-79 Hazardous Waste Management Regulations
R 61-79 124 Permit Administration
R 61-79 260 Hazardous Waste Management System, General
R 6 1-79 261 identification and Listing of Hazardous Waste
R 61-79 262 Standards Applicable to Generators of Hazardous Waste
R 6 1-79 263 Standards Applicable to Transporters of Hazardous Waste
R 61-79 264 Standards for Owners and Operators of Hazardous Waste
R 61-79 265 Interim Status Standards for Owners and Operators of Ha
R 61-79 266 Standards for the Management of Specific Hazardous Wa
R 6 1-79 268 Land Disposal Restrictions
R 61-79 270 Permit Requirements
R 61-79 273 Universal Waste Rule
HOM J [ i i LYUPrDATE C C Nfl CTUS
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart A
Jurisdiction: South Carolina Document Date: September 25, 1998 Page Count: 3
Section Title: R 61-79 261 2 Definition of Solid Waste (Integrated)
Subject Terms: waste, hazardous waste, definition, solid waste, exemption
Source: Integrated Document
R 61-79 261 2 Definition of Solid Waste
(a)(l) A solid waste is any discarded material that is not excluded by Section 261 4(a) or that is not
excluded by variance granted under R 61-79 260 30 and 260 3 1
(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 266 202
(b) Materials or solid waste if they are abandoned by being
(I) 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 (c)(4)
(I) Used in a manner constituting disposal
(i) Materials noted with an “x” in Column 1 of Table I are solid wastes when they are
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(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 Section 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 an Iixu 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 Section 261 33 are not solid wastes if they are
themselves ftiels
(3) Reclaimed Materials noted with an “x” in column 3 of Table I are solid wastes when reclaimed
(4) Accumulated speculatively Materials noted with an “x” in column 4 of Table I are solid wastes when
accumulated speculatively
(d) inherently waste-like materials The following materials are solid wastes when they are recycled in any
manner
(1) Hazardous Waste Nos F020, F02 I (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
(3) The Department 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 R 61-79 261 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
(I) Materials are not solid wastes when they can be shown to be recycled by being
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(I) Used or reused as ingredients in an industrial process to make a product, provided the materials are
not being reclaimed or land disposed, 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
(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) - (iii)
(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 paragraph (d)(l)
(t) Documentation of claims that materials are not solid wastes or are conditionally exempt from
regulation Respondents in actions to enforce regulations implementing the S C Hazardous Waste
Management Act Sections 44-56-10 et seq 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
ENFLEX Note The following table is wider than your screen Please scroll right to see the entire table
Table I
Use I Energy I I
I Consisting I Recovery! I I Spe
Disposal I Fuel I Reclamation I Accu
I [ 261.2(c) (1)] I [ 261.2(c) (2)] I [ 261.2(c) (3)) [ 261
I (1) I (2) I (3)
== == == = == == I I I =====—===—==== = I =
Spent Materials I (*) I (*) I (*) I
I I I I
Sludges I (*) l (*) l (*) I
(listed in R.61-79.261 I I I I
Sections 261.31 or 32) I I I I
I I I I
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Sludges exhibiting a ( ) I ( ) I
characteristic of I I I I
hazardous waste I I I I
I I I I
By—products I (*) I (*) I (*)
(listed in R.61—79.261 I I I I
Sections 261.31 or 261.32) I I I I
I I I I
By-products exhibiting I (k) I (*)
a characteristic of I I I
hazardous waste I I I
I I I I
Commercial chemical products I I ( “) I I
listed in R. 61—79.261 Section I I I I
261 33 I I I I
I I I I
Scrap Metal I (k) I (*) I (*) I
Note The terms “spent materials”, “sludges”, “by-products”, and “scrap metal” are defined in Section
261 1
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 20, Issue No 5, May 24, 1996, effective upon
publication, Volume 22, issue No 9, September 25, 1998, effective upon publication
Copyright © 1999 IHS Environmental Information, Inc.
All Rights Reserved.
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It UHHIIHIIENFLI < Federal and State Regulations, November
DATA A E .JLJ* tSDtCtIflNS SL AHCt1 CCNTCN1
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Chapter 61, P. 61-79, P. 61-79 261, Subpart A
Jurisdiction: South Carolina Document Date: May 24, 1996 Page Count: S
Section Title: R 6 1-79 261 3 Definition of Hazardous Waste (integrated)
Subject Terms: waste, hazardous waste, definition
Source: integrated Document
- a ”
P. 6 1-79 261 3 Definition of Hazardous Waste
(a) A solid waste, as defined in Section 261 2 is a hazardous waste if
(1) it is not excluded from regulation as a hazardous waste under Section 261 4(b), and
(2) it meets any of the following criteria
(i) it exhibits any of the characteristics of hazardous waste identified in subpart C except that any mixtui-e
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 of
this part only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone
if such mixture had not occurred or if it continues to exhibit any of the characteristics exhibited by the
non-excluded wastes prior to mixture Further, for the purposes of applying the Toxicity characteristic to
such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any
contaminant listed in Table ito 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 and has not been excluded from the lists in subpart D under 260 20 and 260 22
of this chapter
(iii) it is a mi ture of a solid waste and a hazardous waste that is listed in subpart D of this part solely
because it exhibits one or more of the characteristics of hazardous waste identified in subpart C of this
part, unless the resultant mixture no longer exhibits any characteristic of hazardous waste identified in
subpart C of this part or unless the solid waste is excluded from regulation under 261 4(b)(7) and the
resultant mixture no longer exhibits any characteristic of hazardous waste identified in subpart C of this
part for which the hazardous waste listed in subpart D of this part was listed (However, nonwastewater
mixtures are still subject to the requirements of part 268 of this chapter, even if they no longer exhibit a
characteristic at the point of land disposal)
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(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 this paragraph (a)(2) of this paragraph under R 6 1-79 260 20 and 260 22 of
this chapter, however, the following mixtures of solid wastes and hazardous wastes listed in subpart D of
this part are not hazardous wastes (except by application of paragraph (a)(2)(i) or (ii) of this section) if
the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject
to regulation under the S C Pollution Control Act Section 48-1-10 et seq , of the S C Code of Laws of
1976, as amended and 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 section 261 31 -- carbon tetrachloride,
tetrachioroethylene, 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 I part per million, or
(B) One or more of the following spent solvents listed in Section 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 pre-treatment system does not exceed 25 parts per
million, or
(C) One of the following wastes listed in Section 261 32 -- heat exchanger bundle cleaning sludge from
the petroleum refining industry (Hazardous Waste No K050), or
(D) A discarded commercial chemical product, or chemical intermediate listed in Section 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 subparagraph,
“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
pretreatment 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 KI 57) -- 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
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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 Kl 56) --
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
(b) A solid waste which is not excluded from regulation under paragraph (a)(1) becomes a hazardous
waste when any of the following events occur
(I) In the case of a waste listed in Subpart D when the waste first meets the listing description set forth in
Subpart D
(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
(c) Unless and until it meets the criteria of paragraph (d) of this part
(I) A hazardous waste will remain a hazardous waste
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii), 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 mn-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 section 261 6(a)(3)(iv) through
(vi)
(C)(l) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMIR)
processing of K06 I, 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
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
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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
I single composite
sample -- TCLP
Constituent (mg/i)
Generic exclusion levels for K061 and K062
nonwastewater HTMR residues
Antimony I 0.10
Arsenic I 0.50
Barium I 7.6
Beryllium 0.010
Cadmium I 0.050
Chromium (total) I 0.33
Lead I 0.15
Mercury I 0.009
Nickel I 1.0
Selenium I 0.16
Silver I 0.30
Thallium I 0.020
Zinc I 70.
Generic exclusion levels for F006
nonwastewater HTMR residues
Antimony I 0.10
Arsenic I 0.50
Barium 7.6
Beryllium I 0.010
Cadmium I 0.050
Chromium (total) 0.33
cyanide (total) (mg/kg) 1.8
Lead I 0.15
Mercury I 0.009
Nickel I 1.0
Selenium I 0.16
Silver I 0.30
Thallium I 0.020
Zinc I 70.
(2) A one-time notification and certification must be placed in the facility’s files and sent to the
Department for K06 I, 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 Department on an annual basis if such changes occur Such
notification and certification should be sent to the Department by the end of the calendar year, but no
later than December 3 1 The notification must include the following information The name and address
of the subtitle D unit receiving the waste shipments, the EPA point of generation, and, the treatment
standards applicable to the waste at the initial point of generation The certification must be signed by an
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authorized representative and must state as follows “1 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 1 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 K 156), and
wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No
K 157)
(d) Any solid waste described in paragraph (c) is not a hazardous waste if it meets the following criteria
(I) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste
identified in Subpart C (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, contains a waste listed under Subpart
D or is derived from a waste listed in Subpart D, it also has been excluded from paragraph (c) under
R 61-79 26020 and 26022
(e) For the purposes of this regulation the wastes listed in Appendix X will be considered hazardous
(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 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 Department, considering the extent of
contamination, has determined is no longer contaminated with hazardous waste
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 17, Issue No 12, December 24, 1993, effective
upon publication, Volume 20, issue No 5, May 24, 1996, effective upon publication
Copyright © 1999 JHS Environmental Information, Inc.
All Rights Reserved.
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I I UI1HIHllIENFL .( Federal and State Regulations, November
DATA ASE JURISWCTIONS SEARCH CUNTCNTS
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Chapter 61, R 61-79, R 61-79 261, Subpart A
Jurisdiction: South Carolina Document Date: September 25, 1998 Page Count: 9
Section Title: R 61-79 261 4 Exclusions (Integrated)
Subject Terms: waste, hazardous waste, exemption, solid waste, sampling
Source: Integrated Document
R 61-79 261 4 Exclusions
(a) Materials which are not solid wastes The following materials are not solid wastes for the purpose of
this part
(l)(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
48-1-10 et seq , of the S C Code of Laws of 1976, and 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) Materials covered under Article 2 of Chapter 7 of Title 13 of the 1976 Code of Laws of S C, as
amended
(5) Materials subjected to in-situ mining techniques which are not removed from the ground as part or 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 Section 261 1(c)
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as
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defined in Section 261 1(c)
(8) Secondary materials that are reclaimed and returned to the original process or processes in which they
were generated where they are reused in the production process provided
(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by
being entirely connected with pipes or other comparable enclosed means of conveyance,
(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators),
(iii) The secondary materials are never accumulated in such tanks for over twelve months without being
reclaimed, and
(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a
manner constituting disposal
(9)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended
purpose, and
(ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat
wood
(10) EPA Hazardous Waste Nos K060, K087, K14l, Kl42, K143, Kl44, K145, K147, and K148, and
any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity
Characteristics (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 tars 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 ofKO6I in high temperature
metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery
(12) Recovered oil from petroleum refining, exploration and production, and from transportation incident
thereto, which is to be inserted into the petroleum refining process (SIC Code 2911) at or before a point
(other than direct insertion into a coker) where contaminants are removed This exclusion applies to
recovered oil stored or transported prior to insertion, except that the oil must not be stored in a manner
involving placement on the land, and must not be accumulated speculatively, before being so recycled
Recovered oil is oil that has been reclaimed from secondary materials (such as wastewater) generated
from normal petroleum refining, exploration and production, and transportation practices Recovered oil
includes oil that is recovered from refinery wastewater collection and treatment systems, oil recovered
from oil and gas drilling operations, and oil recovered from wastes removed from crude oil storage tanks
Recovered oil does not include (among other things) oil bearing hazardous waste listed in 261 D (e g,
K048, K052, F037, F038) However, oil recovered from such wastes may be considered recovered oil
Recovered oil also does not include used oil as defined in R 6 1-107 279 I
(13) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed
prompt scrap metal) being recycled
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(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
(b) Solid wastes which are not hazardous wastes The following solid wastes are not hazardous wastes
(I) 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 waste 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 these regulations, 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 if such overburden is handled in compliance with all
applicable provisions of the S C Mining Act, Section 48-1920 et seq, S C Code of Laws, 1976, as
amended
(4) Fly ash waste, bottom ash waste, and flue gas emission control waste generated primarily from the
combustion of coal or other fossil fuels
(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
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(B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or
nearly exclusively) and the process does not generate hexavalent chromium, and
(C) The waste is typically and frequently managed in non-oxidizing environments
(ii) Specific wastes which meet the standard in paragraphs (b)(6)(i)(A), (B), and (C) (so long as they do
not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other
characteristic) are
(A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and
finishing industry, hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet
finish, no beamhouse, through-the-blue, and shearling
(B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing
industry hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no
beamhouse, through-the-blue, and shearling
(C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry
hair/pulp/chrome tan/retan/wet finish, hair save/chrome tan retan/wet finish, retan/wet finish, no
beamhouse, through-the-blue
(D) Sewer screenings generated by the following subcategories of the leather tanning and finishing
industry hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no
beamhouse, through-the-blue, and shearling
(E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and
finishing industry hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet
finish, no beamhouse, through-the-blue, and shearling
(F) Wastewater treatment sludges generated by the following subcategories of the leather tanning and
finishing industry hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, and
through-the-blue
(G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other
leather product manufacturing industries
(H) Wastewater treatment sludges from the production of 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) For purposes of grinding, washing,
dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining to
remove water and/or carbon dioxide, roasting, autoclaving, and/or chlorination in preparation for
leaching (except where the roasting (and/or autoclaving and/or chlorination/leaching sequence produces a
final or intermediate product that does not undergo further beneficiation or processing), gravity
concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction,
electrowinning, precipitation, amalgamation, and heap, dump, vat, tank, and in situ leaching For the
purposes of 261 4(b)(7), solid waste from the processing of ores and minerals includes only the following
wastes
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(i) Slag from primary copper processing,
(ii) Slag from primary lead processing,
(iii) Red and brown muds from bauxite refining,
(iv) Phosphogypsum from phosphoric acid production,
(v) Slag from elemental phosphorus production,
(vi) Gasifier ash from coal gasification,
(vii) Process wastewater from coal gasification,
(viii) Calcium sulfate wastewater treatment plant sludge from primary copper processing,
(ix) Slag tailings from primary copper processing,
(x) Flurogypsum from hydrofluoric acid production,
(xi) Process wastewater from hydrofluoric acid production,
(xii) Air pollution control dust/sludge from iron blast furnaces,
(xiii) iron blast furnace slag,
(xiv) Treated residue from roasting/leaching of chrome ore,
(xv) Process wastewater from primary magnesium processing by the anhydrous process,
(xvi) Process wastewater from phosphoric acid production,
(xvii) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel
production,
(xviii) Basic oxygen furnace and open hearth furnace slag from carbon steel production,
(xix) Chloride process waste solids from titanium tetrachioride production,
(xx) Slag from primary zinc processing
(8) Cement kiln dust 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 DO 17 and which is not a
hazardous waste for any other reason or 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 Section
261 24 [ Hazardous Waste Codes DO 16 through D043 only] and are subject to the corrective action
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requirements of 40 CFR 280
(12) Used chiorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile
air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and
refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle,
provided the refrigerant is reclaimed for further use
(13) Non-terne plated used oil filters that are not mixed with wastes listed in Subpart D of this part if
these oil filters have been gravity hot-drained using one of the following methods
(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining,
(ii) Hot-draining and crushing,
(iii) Dismantling and hot-draining, or
(iv) Any other equivalent hot-draining method that will remove used oil
(14) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products
(c) Hazardous wastes which are exempted from certain regulations A hazardous waste which is
generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel,
a product or raw material pipeline, or in a manufacturing process unit or an associated
non-waste-treatment-manufacturing unit, is not subject to regulation under R 61-79 262 through
R 61-79 266, R 61-79 268, R 61-79 270, and R 61-79 124 or the notification requirements of South
Carolina Hazardous Waste Management Act 44-56-120 and section 3010 RCRA until it exists 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), 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 orR 61-79 262 through R 61-79 266, R 61-79 268, R 61-79 270, orR 61-79 124 or to the
notification requirements of section 3010 of RCRA and the South Carolina Hazardous Waste
Management Act 44-5 6- 120 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
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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 paragraph (d)(l)(i) and (ii), 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 (US PS), 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
(I) The sample collector’s name, mailing address, and telephone number,
(2) The laboratory’s name, mailing address, 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)(l)
(e) Treatability Study Samples
(I) 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 SC 44-56-120
and section 3010 of RCRA, nor are such samples included in the quantity determinations of 261 5 and
262 3 4(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) 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
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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, and
(A) The transportation of each sample shipment complies with U S Department of Transportation
(DOT), U S Postal Service (USPS), South Carolina Public Service Commission or any other applicable
shipping requirements, or
(B) if the DOT, US PS, South Carolina Public Service Commission or other shipping requirements do not
apply to the shipment of the sample, the following information must accompany the sample
(I) 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 26 1 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
(I) The amount of waste shipped under this exemption,
(2) The name, address, and EPA identification number of the laboratory or testing facility that received
the waste,
(3) The date the shipment was made, and
(4) Whether or not unused samples and residues were returned to the generator
(vi) The generator reports the information required under paragraph (e)(2)(v)(C) of this section in its
annual report
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(3) The Department may grant requests on a case-by-case basis, for up to an additional two years for
treatability studies involving bioremediation The Department 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 (0(4) of this section, for
up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute
hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute
hazardous waste,
(i) In response to requests for authorization to ship, store, and conduct treatability studies on additional
quantities in advance of commencing treatability studies Factors to be considered in reviewing such
requests include the nature of the technology, the type of process (e g, batch versus continuous), size of
the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of
material required to reach steady state operating conditions, or test design considerations such as mass
balance calculations
(ii) In response to requests for authorization to ship, store and conduct treatability studies on additional
quantities after initiation or completion of initial treatability studies, when There has been an equipment
or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a
previously conducted treatability study, there is a 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)(l) and (e)(2)(iii) through (vi) of this section The generator
of sample collector must apply to the Department 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 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 Department considers necessary
(iv) 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
(v) Such other information that the Regional Administrator considers necessary
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(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 through 266, 268, and 270, or to notification requirements SCHWMA
44-56-120 and Section 3010 of RCRA provided that the conditions of paragraphs (0(1) through (11) of
this section are met A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs
(0(1) through (11) of this section Where a group of MTUs are located at the same site, the limitations
specified in (0(1) through (II) of this section apply to the entire group of MTUs collectively as if the
group were one MTU
(I) No less than 45 days before conducting treatability studies, the facility notifies the Department 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 a 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) has 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,
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(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, onsite, 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 Department 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 Department by letter when the facility is no longer planning to conduct any
treatability studies at the site
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 17, issue No 12, December 24, 1993, effective
upon publication, amended in Volume 18, Issue No 12, December 23, 1994, effective upon publication,
Volume 20, Issue No 5, May 24, 1996, effective upon publication, Volume 22, Issue No 9, September
25, 1998, effective upon publication
ii of’ 12
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it 61-79 261 5 Special Requiiernents Ibr i-ia pt Small Quantity OencratoS tbgwtv )liscnv corn/products cgi/fcdst ?where(li_cud%3d I 570)&cp i&i_datc 199911
U UI1Hh1llhIENFL€ ( Federal and State Regulations, November
OATA6A E1 JtJ , lSD CTJCNS SLARCH CONTENTS
Hide Document Profile J Previous in Jurisdiction I Next in Jurisdiction
Citation: Chapter 61, R 61-79, R 61-79 261, Subpart A
Jurisdiction: South Carolina Document Date: September 25, 1998 Page Count: 3
Section Title: R 61-79 261 5 Special Requirements for Hazardous Waste Generated by
Conditionally Exempt Small Quantity Generators (integrated)
Subject Terms: waste, hazardous waste, compliance, small quantity generator, exemption, applicability
Source: integrated Document
- - - - . co .
R 6 1-79 261 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 less
than 100 kilograms of hazardous waste in that month
(b) Except for those wastes identified in paragraphs (e), (f), (g), and ) a conditionally exempt small
quantity generator’s hazardous wastes are not subject to regulation under R 61-79 262 through
R 61-79 266, R 61-79 268, R 61-79 270 and R 61-79 124, and the notification requirements of Section
3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act
and provided the generator complies with the requirements of paragraphs (Q, (g), and )
(c) When making the quantity determinations of this part and R 6 1-79 262, the generator must include all
hazardous waste that it generates, except hazardous waste that
(1) is exempt from regulation under R 61-79 26! 4(c) through (1), 261 6(a)(3), 261 7(a)(l), 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 R 61-79 260 10, or
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation
under R 6 1-79 261 6(c)(2), or
(4) Is used oil managed under the requirements of R 6 1-79 261 6(a)(4) or
(5) Is spent lead-acid batteries managed under the requirements of R 6 1-79 266 subpart G, or
(6) Is universal waste managed under R 6 1-79 261 9 and R 6 1-79.273
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(d) In determining the quantity of hazardous waste he generates, a generator need not include
(1) His hazardous waste when it is removed from onsite storage, or
(2) Hazardous waste produced by onsite 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 onsite, 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 R 6 1-79 262
through R 61-79 266, R 61-79 268, R 61-79 270 and R 61-79 124 and the notification requirements of
the South Carolina Hazardous Waste Management Act 44-56-120 and section 3010 of RCRA
(1) A total of one kilogram of acute hazardous wastes listed in sections 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 sections 261 3 I,
261 32,or261 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]
(t) In order for hazardous wastes generated by a generator of acute hazardous wastes in quantities equal
to or less than those set forth in paragraph (e)(l) or (2) of this section to be excluded from full regulation
under this section, the generator must comply with the following requirements
(I) Sections 262 11 of R 6 1-79 262,
(2) The generator may accumulate acute hazardous waste onsite if he accumulates at any time acute
hazardous wastes in quantities greater than those set forth in paragraph (e)(1) or (2) of this section, all
those accumulated wastes for which the accumulation limit was exceeded are subject to regulation under
R 61-79 262 through R 61-79 266, R 61-79 268, R 61-79 270 and R 61-79 124 and the applicable
notification requirements of Section 3010 RCRA and the applicable notification requirements of the
South Carolina Hazardous Waste Management Act 44-56-120 The time period of R 61-79 262 34(a) for
accumulation of wastes onsite 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 onsite facility, or ensure delivery to an offsite storage, treatment or disposal facility, either of
which, if located in the U S , is
(i) Permitted under R 61-79 270,
(ii) In interim status under R 6 1-79 270 and R 6 1-79 265
(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program
approved under 40 CFR 271 ,
(iv) Permitted, licensed, or registered by the Department to manage municipal solid waste and, if
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R6i-79 261 5 SpccialRequircineunsforHa ptSrnalIQuantutyCicneratoi t(jn(ôgiut )hsenvcorn/productscgi/fcdst ‘hcic(ft_cid%3d 1570)&cpi&t_dute=i999 1i
managed in a municipal solid waste landfill is subject to R 6 1-107 258,
(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 R 6 1-107 257 5 through 257 30, 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, a universal waste handler or destination facility subject
to the requirements of R 61-79 273
(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
(I) Section 262 11 of R 61-79 262,
(2) The conditionally exempt small quantity generator may accumulate hazardous waste onsite If he
accumulates at any time more than a total of 1000 kilograms of his hazardous waste, all of those
accumulated wastes are subject to regulation under the special provisions of R 6 1-79 262 applicable to
generators of between 100 kilograms and 1000 kilograms of hazardous waste in a calendar month as well
as the requirements of R 61-79 263 through R 61-79 266, R.61-79 268, and R 61-79 270 and
R 6 1-79 124 and the applicable notification requirements of Section 3010 RCRA and the notification
requirements of the South Carolina Hazardous Waste Management Act 44-56-120 The time period of
R 6 1-79 262 34(d) for accumulation of wastes onsite 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 R 6 1-79 270,
(ii) In interim status under R 6 1-79 270 and R 6 1-79 265,
(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program
approved under 40 CFR 271 ,
(iv) Permitted, licensed, or registered by the Department to manage municipal solid waste and, if
managed in a municipal solid waste landfill is subject to R 6 1-107 258,
(v) Permitted, licensed, or registered by the Department 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 R 6 1-107 257 5 through 257 30, or
(vi) A facility which
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R 61-79 2615 Special Rcquiicnients for Ha p1 Small Quantity Gcnerato t( th wW )hsenv com/product cgi/l dst ?wheie=(flcid%3d I 57O)&cp l&i_date= 19991 I
(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
(vii) For universal waste managed under part 273, a universal waste handler or destination facility subject
to the requirements of R 61-79 273
(h) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous
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 Subpart E of Part 266 of this Regulation 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
(k) [ Reserved]
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 17, issue No 12, December 24, 1993, effective
upon publication, Volume 20, Issue No 5, May 24, 1996, effective upon publication, Volume 22, Issue
No 9, September 25, 1998, effective upon publication
HOME WEEKLY UPDATE C JNTAGT US
Copyright © 1999 IHS Environmental Information, Inc.
All Rights Reserved.
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It 61-79 26110 Criteria for Identifying t terisues of Hazardous Waste (I&UpiilWd w2 ihsenv eorn/produus egi/fedst 9where(il_cid%3d I 576)&cp I &r_datc 199911
LI UIIHIHIIIENFL€ ( Federal and State Regulations, November
DATABAS€ JURISWCTIONS SEARCH CONTENTS
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Chapter 61, R 61-79, R 61-79 261, Subpart B
Jurisdiction: South Carolina Document Date: December 25, 1992 Page Count: I
Section Title: R 6 1-79 261 10 Criteria for Identifying the Characteristics of Hazardous Waste
(Integrated)
Subject Terms: waste, hazardous waste, definition
Source: integrated Document
Subpart B Criteria for Identifying the Characteristics
of Hazardous Waste and for Listing Hazardous
Wastes
R 61-79 26110 Criteria for Identifying the Characteristics
of Hazardous Waste
(a) The Department shall identify and define a characteristic of hazardous waste in Subpart C only upon
determination that
(I) 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
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart B
Jurisdiction: South Carolina Document Date: December 25, 1992 Page Count: I
Section Title: R 6 1-79 261 11 Criteria for Listing Hazardous Waste (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: integrated Document
R 61-79 26 I I 1 Criteria for Listing Hazardous Waste
(a) The Department shall list a solid waste as a hazardous waste only upon determining that solid waste
meets on 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 Department concludes that the waste is not 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)
(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
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R 61-79 26111 Criteria lbr Listing 1-lazardous Wa tc (Integiated) http //www2 ihsenv corn/products cgi/i dst )where(it_cid%3d I 577)&cp I &i_date 199911
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 in 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 Department may list classes or types of solid waste as hazardous waste if there is reason to
believe that individual wastes, within the class or type of waste, typically or frequently are hazardous
under the definition of hazardous waste in Section 261 3
(c) The Department will use the criteria for listing specified in this section to establish the exclusion limits
referred to in Section 261 5(c)
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart C
Jurisdiction: South Carolina Document Date: December 25, 1992 Page Count: I
Section Title: R 61-79 261 20 General (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: integrated Document
Subpart C Characteristics of Hazardous Waste
R 6 1-79 261 20 General
(a) A solid waste, as defined in section 261 2, which is not excluded from regulation as a hazardous waste
under Section 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 generators 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 R 61-79 262 through R 61-79 266, R 61-79 268, R 61-79 270 and the
notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120
(c) For purposes of this Subpart, the Department 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
R 6 1-79 260
[ Comment Since the Appendix I sampling methods are not being formally adopted by the Department, 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]
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication
i2/30/99 I 54 PM
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R 61-79 261 21 Characteristic of ignitabiluty (integrated) http /Iwww2 uhscnv coin/products gu/l dst 9whcic(It id%3d I 58O)&cp= I&i_date 199911
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart C
Jurisdiction: South Carolina Document Date: December 25, 1992 Page Count: I
Section Title: R 6 1-79 261 21 Characteristic of lgnitability (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: Integrated Document
R 6 1-79 261 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
(I) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and
has flash pointless than 60 degrees C (140 degrees 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 Department under procedures set forth in R 61-79 260 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 hazard
(3) It is an ignitable compressed gas as defined in 49 CFR 1 73 300 and as determined by the test methods
described in that regulation or equivalent test methods approved by the Department under R 61-79 260
Subpart C Sections 260 20 and 260 21
(4) It is an oxidizer as defined in 49 CFR 173 1 5 1
(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of
D00 1
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No I 2,
December 25, 1992, effective upon publication
i of2 i2/30/99 i 54 PM
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R 61-79 261 22 Characteristic of Corrosivity (integrated) hitp //www2 ihscnv corn/products cgi/fcdst ?whcrc=(ft_cid%3d 1581 )&cr 1&r_date= 199911
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart C
Jurisdiction: South Carolina Document Date: December 23, 1994 Page Count: I
Section Title: R 61-79 261 22 Characteristic of Corrosivity (integrated)
Subject Terms: waste, hazardous waste, definition
Source: integrated Document
_______
R 61-79 261 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 “Test Methods for the Evaluating Solid Waste, Physical/Chemical
Methods,” incorporated by reference in 260 11
(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 the
Evaluation of Solid Waste, Physical/Chemical Methods”, EPA publication SW-846, incorporated by
reference in R 6 1-79 260 11
(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of
D002
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, issue No 12,
December 25, 1992, effective upon publication, Volume 17, issue No 12, December 24, 1993, effective
upon publication, Volume 18, issue No 12, December 23, 1994, effective upon publication
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart C
Jurisdiction: South Carolina Document Date: December 25, 1992 Page Count: I
Section Title: R 6 1-79 261 23 Characteristic of Reactivity (integrated)
Subject Ternis: waste, hazardous waste, definition
Source: integrated Document
R 6 1-79 261 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
(I) 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 5 1 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
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart C
Jurisdiction: South Carolina Document Date: December 23, 1994 Page Count: 2
Section Title: R 61-79 261 24 Toxicity Characteristic (Integrated)
Subject Terms: waste, hazardous waste, definition, list, standard
Source: integrated Document
R 6l-79 261 24 Toxicity Characteristic
(a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching
Procedure, test Method 13 II in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
EPA Publication SW-846, as incorporated by reference in 260 I I, the extract from a representative
sample of the waste contains any of the contaminants listed in table I 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 13 1 I, is
considered to be the extract for the purpose of this section
(b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number
specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous
Table 1 Maximum Concentration of Contaminants for
the Toxicity Characteristic
EPA hazardous Regulatory
waste Contaminant CAS No.{2) Level
number(l) (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 tetrachioride 56—23—5 0.5
D020 Chiordane 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
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R 61-79 261 24 1 o iciIy Charactciistuc (lnicgiatcd) hup //www2 uhscnv corn/pioducrs cgi/fcdst vhcic=(It_cid%3d I 583)&cp= I &i_daic 199911
D026 Cresol — (4}200.0
D0 16 2,4—D 94—75—7 10.0
D027 1,4—Dich lorobenzene 106—46-7 7 5
D028 1,2—Dichioroethane 107—06-2 0 5
D029 1,1—Dichioroethylene 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 76—44—8 0.008
its epoxide) -
D032 Hexach lorobenzene 118—74-1 {3}0.13
D033 Hexachiorobutadiene 87—68-3 0.5
D034 Hexachioroethane 67—72-1 3.0
D008 Lead 7439—92-1 5.0
D013 Lindarie 58—89—9 0.4
D009 Mercury 7439—97—6 0.2
D014 Methoxychior 72—43-5 10.0
D035 Methyl ethyl ketone 78—93-3 200.0
D036 Nitrobenzene 98-95-3 2.0
D037 Pentrachiorophenol 87-86-5 100.0
D038 Pyridine 110—86—1 (3}5 0
DOlO Selenium 7782—49—2 1 0
DOll Silver 7440—22-4 5.0
D039 Tetrachioroethylene 127—18-4 0.7
D015 Toxaphene 8001—35-2 0 5
D040 Trichioroethylene 79—01-6 0.5
D041 2,4,5—Trichioro— 95-95-4 400 0
phenol
D042 2,4,6—Trichloro— 88—06-2 2.0
phenol
D017 2,4,5—TP (Silvex) 93—72-1 1.0
D043 Vinyl chloride 75—01-4 0.2
{ I } Hazardous waste number
{2} Chemical abstracts service number
{3 } Quarititation 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/I
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 1 7, Issue No 12, December 24, 1993, effective
upon publication, Volume 18, Issue No 12, December 23, 1994, effective upon publication
HOME WEEKLY UPDATE NTACT L S
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Citation: Chapter 61, R 61-79, R 61-79 261, Subpart D
Jurisdiction: South Carolina Document Date: October 1, 1991 Page Count: I
Section Title: R 6 1-79 261 30 General (Integrated)
Subject Terms: waste, hazardous waste, definition
Source: Integrated Document
Subpart D Lists of Hazardous Wastes
R 6 1-79 261 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 R 6 1-79 26020 and 26022
(b) The Administrator will indicate the basis for listing the classes or types of wastes listed in this subpart
by employing one or more of the following Hazard Codes
Ignitable Waste (I)
Corrosive Waste (C)
Reactive Waste (R)
Toxicity Characteristic Waste (E)
Acute Hazardous Waste (H)
Toxic Waste (T)
Appendix Vii identifies the constituent which caused the Department to list the waste as a Toxic
Characteristic (E) or Toxic Waste (T) in Sections 261 3 1 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 notification requirements
and certain recordkeeping and reporting requirements under R 61-79 262 through R 61-79 265 and
R 61-79 268 and R 61-79 270
(d) The following hazardous wastes listed in Section 261 3 1 or 261 32 are subject to the exclusion limits
for acutely hazardous wastes established in Section 261.5 EPA Hazardous Wastes Numbers F020, F02 I,
F022, F023, F026, and F027
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R 61-79 261 31 Hazardous Wastes From Nonspecific Sources (intcgratcd ttp //www2 ihscnv conilproducts egi/fedsi ?whcrc(fl_ud%3d I 586)&cp I &i_datc 199911
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Citation: Chapter 61, R 6 1-79, R 6 1-79 261, Subpart D
Jurisdiction: South Carolina
Document Date: December 23, 1994
Page Count: 8
Industry I
andEPA I
hazardous I I Hazard
Number I 261.31 Hazardous waste I Code
Generic: I
FOOl I The following spent halogenated solvents
I used in degreasing: tetrachloroethylene,
I trichloroethylene, methylene chloride,
I 1,1, l—trichloroethane, carbon tetrachloride,
I and chlorinated fluorocarbons, all spent
I solvent mixtures/blends used in degreasing
I containing, before use, a total of ten percent
I or more (by volume) of one or more of the above
I halogenated solvents or those solvents listed
I in F002, F004, and F005, and still bottoms from
I the recovery of these spent solvents and spent
I solvent mixtures.
I The following spent halogenated solvents:
I tetrachloroethylene, methylene chloride,
I trichloroethylene, 1,1, l—trichloroethane,
I chlorobenzene, l,l,2—trichloro--l,2,2--
I trifluoroethane, orthodichlorobenzene,
I trichlorofluoromethane, and 1,l,2-trichloro—
I ethane; all spent solvent mixtures/blends
I containing, before use, a total of ten percent
I or more (by volume) of one or more of the above
Section Title: R 61-79 261 3 1 Hazardous Wastes From Nonspecific Sources (Integrated)
Subject Terms: waste, hazardous waste, list
Source: Integrated Document
a
R 61-79 261 3 I Hazardous Wastes from Nonspecific Sources
(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are
excluded under R 61-79 260 20 and 260 22 and listed in appendix IX, [ only changes are listed, see
Appendix A-I]
FOO2
(T)
(T)
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I( 6 1-79 261 31 I-Iazardous Wastes From Nonspecific Sources (lntegrate Ltp //www2 ihsenv corn/products cgi/Icdst iwhcie=(lt_eid%3d1586)&cpI&r_dae 1999I I
I halogenated solvents or those listed in FOOl, I
I F004, and F005; and still bottoms from the I
I recovery of these spent solvents and spent I
I solvent mixtures. I
F003* I The following spent non—halogenated I (I)
solvents: xylene, acetone, ethyl acetate, I
I ethyl benzene, ethyl ether, methyl isobutyl I
I ketone, n-butyl alcohol, cyclohexanone, and I
I methanol; all spent solvent mixtures/blends I
I containing, before use, only the above spent
I non-halogenated solvents; and all spent solvent I
I mixtures/blends containing, before use, one or I
I more of the above non-halogenated solvents, and, j
I a total of ten percent or more (by volume) of I
I one or more of those solvents listed in FOOl, I
F002, F004, and F005; and still bottoms from I
I the recovery of these spent solvents and spent I
I solvent mixtures. I
F004 I The following spent non—halogenated I (T)
I solvents: cresols and cresylic acid, and
I nitrobenzene; all spent solvent mixtures/blends I
I containing, before use, a total of ten percent I
I or more (by volume) of one or more of the I
I above non -halogenated solvents or those
I solvents listed in FOOl, F002, and F005; and I
I still bottoms from the recovery of these spent I
I solvents and spent solvent mixtures. I
F005* I The following spent rion-halogenated I (I,T)
I solvents: toluene, methyl ethyl ketone, I
I carbon disulfide, isobutanol, pyridine, I
I benzene, 2—ethoxyethanol, and 2-nitropropane; I
I all spent solvent mixtures/blends containing, I
I before use, a total of ten percent or more (by I
I volume) of one or more of the above non— I
I halogenated solvents or those solvents listed I
I in FOOl, F002, or F004; and still bottoms from
I the recovery of these spent solvents and spent I
I solvent mixtures. I
F006 I Wastewater treatment sludges from I (T)
I electroplating operations except from the I
I following processes: (1) Sulfuric acid I
I anodizing of aluminum; (2) tin plating on I
I carbon steel; (3) zinc plating (segregated I
I basis) on carbon steel; (4) aluminum or I
I zinc aluminum plating a carbon steel; (5)
I cleaning/stripping associated with tin, zinc I
I and aluminum plating a carbon steel; and (6) I
I chemical etching and milling of aluminum. I
F007 I Spent cyanide plating bath solutions I (R,T)
I from electroplating operations.
F008 I Plating bath residues from the bottom I (R,T)
I of plating baths from electroplating I
I operations where cyanides are used in the I
I process. I
F009 I Spent stripping and cleaning bath I (R,T)
I solutions from electroplating operations I
I where cyanides are used in the process. I
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R 61-79 261 3 I I lazardous Wastes From Nonspecific Sources (lntcgrate ttp //www2 ihscnv corn/products cgi/fcdst )whcte(ft_cid%3d I 586)&cp l&r_d ite 199911
FOlO I Quenching bath residues from oil baths I (R,T)
from metal heat treating operations where I
I cyanides are used in the process. I
FOil I Spent cyanide solutions from salt bath I (R,T)
I pot cleaning from metal heat treating
I operations. I
F012 I Quenching wastewater treatment sludges I CT)
I from metal heat treating operations where I
I cyanides are used in the process. I
F019 I Wastewater treatment sludges from the I CT)
I chemical conversion coating of aluminum. I
F020 I Wastes (except wastewater and spent carbon I (H)
I from hydrogen chloride purification) from the I
I production or manufacturing use (as a I
I reactant, chemical intermediate, or component I
I in a formulating process) of tn— or I
I tetrachiorophenol, or of intermediates used
I to produce their pesticide derivatives. (This I
listing does not include wastes from the I
I production of Hexachiorophene from highly I
I purified 2,4,5-trichlorophenol.) I
F021 I Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification) I
I from the production or manufacturing use (as I
I a reactant, chemical intermediate, or I
I component in a formulating process) of I
I pentachiorophenol or of intermediates used I
I to produce its derivatives. I
F022 I Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification) I
I from the manufacturing use (as a reactant, I
I chemical intermediate, or component in a
I formulating process) of tetra-, penta-, or I
I hexachlorobenzenes under alkaline I
I conditions. I
F023 I Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification)
I from the production of materials on equipment I
I previously used for the production or I
I manufacturing use (as a reactant, chemical I
I intermediate, or component in a formulating I
I process) or tn- and tetrachlorophenols. I
I (This listing does not include wastes from I
I equipment used only for the production or use I
of Hexachiorophene from highly purified I
I 2,4,5-trichlorophenol.) I
F024 I Process wastes, including but not limited I (T)
I to, distillation residues, heavy ends, I
I tars, and reactor cleanout wastes from I
I the production of chlorinated aliphatic I
I hydrocarbons, having carbon content from I
I one to five, utilizing free radical I
I catalyzed processes. [ This listing does I
I not include light ends, spent filters and I
filter aids, spent desiccants, wastewater, I
I wastewater treatment sludges, spent I
I catalysts, and wastes listed in Section I
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R 6 1-79 261 31 1-lazardous Wastes Irum Nonspecilic Sour es(lntegratcd tip //www2 ihscn ’ corn/pioducts cgi/lcdst ) vIiere(ñ_eid%3dI586)&cp I&r_dak I999I I
I 261.32]. I
F025 I Condensed light ends, spent filters and I CT)
I filter aids, and spent desiccant wastes from I
I the production of certain chlorinated I
I aliphatic hydrocarbons, by free radical I
I catalyzed processes. These.chlorinated I
I aliphatic hydrocarbons are those having I
I carbon chain lengths ranging from one I
I to and including five, with varying I
I amounts and depositions of chlorine I
substitution. I
F026 I Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification) I
I from the production of materials on equipment I
I previously used for the manufacturing use (as I
I a reactant, chemical intermediate, or I
I component in a formulating process) of I
I tetra—, penta—, or hexachlorobenzene under I
I alkaline conditions. I
F027 I Discarded unused formulations containing I (H)
I tn-, tetra-, or pentachlorophenol or I
I discarded unused formulations containing I
I compounds derived from these chiorophenols. I
I (This listing does not include formulations I
I containing hexachlorophene synthesized from I
I pre—purified 2,4, 5-tnichlorophenol as the I
I sole component.) I
F028 I Residues resulting from the incineration I CT)
or thermal treatment of soil contaminated I
I with EPA Hazardous Waste Nos. F020, F021, I
I F022, F023, F026, and F027. I
F032(1} I Wastewaters, process residuals, preservative I CT)
I drippage, and spent formulations from wood I
I preserving processes generated at plants
I that currently use or have previously used I
I chiorophenolic formulations (except potentially I
I cross—contaminated wastes that have had the I
I F032 waste code deleted in accordance with I
I 261.35 of this chapter and where the I
I generator does not resume or initiate use I
I of chlorophenolic formulations) . This listing I
I does not include KOOl bottom sediment sludge
I from the treatment of wastewater from wood I
I preserving process that use creosote and/or I
I pentachiorophenol. (Note: The listing of I
I wastewaters that have not come into contact I
I with process contaminants is stayed I
I administratively. The listing for plants I
I that have previously used chiorophenolic I
I formulations is administratively stayed I
I whenever these wastes are covered by F034 I
I or F035 listings. These stays will remain
I in effect until further administrative
I action is taken.) I
F034(1) I Wastewaters, process residuals, preservative I CT)
I drippage, and spent formulations from wood I
I preserving process generated at plants that I
I use creosote formulations. This listing I
I does not include KOOl bottom sediment sludge I
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R 61-79 261 31 Hazardous Wastes From Nonspecific Sourcc (1ntegrated Ltp //www2 ihsenv com/pioducts cgu/lcdst 9where(!l_cid%3dl586)& p I&I_datcl999l I
I from the treatment of wastewater from wood
I preserving processes that use creosote and/or
I pentachlorophenol. (Note: The listing of
I wastewaters that have not come into contact
I with process contaminants is stayed
administratively. The stay will remain
in effect until further administrative
action is taken.)
Wastewaters, process residuals, preservative
drippage, and spent formulations from wood
preserving process generated at plants that
use inorganic preservatives containing arsenic
or chromium. This listing does not include
KOOl bottom sediment sludge from the treatment
of wastewater from wood preserving processes
that use creosote and/or pentachiorophenol.
(Note: The listing of wastewaters that have
not come into contact with process contaminants
is stayed administratively. The stay will
remain in effect until further administrative
action is taken.) . I
I Petroleum refinery primary oil/water/solids I
I separation sludge -- Any sludge generated from I
I the gravitational separation of oil/water/solids I
I during the storage or treatment of process I
I wastewaters and oily cooling wastewaters from I
I petroleum refineries. Such sludges include, I
but are not limited to, those generated in: I
oil/water/solids separators; tanks and I
I impoundments; ditches and other conveyances;
I sumps; and stormwater units receiving dry I
weather flow. Sludge generated in stormwater I
units that do not receive dry weather flow, I
I sludges generated from non-contact once-through I
I cooling waters segregated for treatment from I
I other process or oily cooling waters, sludges I
I generated in aggressive biological treatment
I units as defined in 261.31(b) (2) (including I
I sludges generated in one or more additional
I units after wastewaters have been treated I
I in aggressive biological treatment units) and I
I K051 wastes are not included in this listing. I
I Petroleum refinery secondary (emulsified)
I oil/water/solids separation sludge -— Any
I sludge and/or float generated from the
I physical and/or chemical separation of
I oil/water/solids in process wastewaters
I and oily cooling wastewaters from petroleum
I refineries. Such wastes include, but are not
I limited to, all sludges and floats generated
I in: induced air flotation (IAF) units, tanks
I and impoundments, and all sludges generated
I in DAF units. Sludges generated in stormwater
units that do not receive dry weather flow,
I sludges generated from non—contact once-through
I cooling waters segregated for treatment from
I other process or oily cooling waters, sludges
I and floats generated in aggressive biological
I treatment units as defined in 261.31(b) (2)
I (including sludges and floats generated in
I one or more additional units after wastewaters
have been treated in aggressive biological
F035(1} (T)
FO 37
F038
(T)
(T)
5 of7
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P. 61-79 261 31 Hazaidous Wastes From Nonspecific Sources (iiitcgrate ttp //www2 ihscnv corn/products cgi/Ibdsi ?whcre=(ft_cid%3d I 586)&cp l&i_date= 199911
I treatment units) and F037, 1 <048, and 1<051 I
I wastes are not included in this listing. I
F039 I Leachate (liquids that have percolated through I CT)
I disposed wastes) resulting from the disposal of I
I more than one restricted waste classified as I
I hazardous under subpart D of this part. (Leachate I
I resulting from the disposal of one or more of the I
I following EPA Hazardous Wastes and no other I
I Hazardous Wastes retains its EPA Hazardous Waste I
I Number(s) : F020, F021, F022, F023, F026, F027 I
I and/or F028.). I
* (l,T) Should be used to specify mixture containing ignitable & toxic constituents
{ I } The F034 and F035 listings shall not become effective with respect to the process area receiving
drippage of these wastes provided persons desiring to continue operating notify the Department within 60
days of the effective date of the listing of their intent to upgrade or install drip pads, and within I 50 days
of the listings provide evidence to the Department that they have adequate financing to pay for drip pad
upgrades or installation For existing drip pads the listings will be effective 240 days after the effective
date of the listings and for new drip pads the listings will be effective 330 days after the effective date of
the listings The notification requirements of R 6 1-79 262 13(c) shall not be delayed by this provision and
a notification must be submitted to the Department within 90 days of the effective date of the listing
(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 employs a minimum of 6 hp per million gallons of treatment volume, and either
(B) the hydraulic retention time of the unit is not 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 treated in
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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
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 17, Issue No 12, December 24, 1993, effective
upon publication, Volume 18, Issue No 12, December 23, 1994, effective upon publication
LY PtDAT t3NTACTLJ
Copyright C 1999 LHS Environmental information, Inc.
All Rights Resen’ed.
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111 UIIIIMENFL Federal and State Regulations, November
DA AOASE JUR O CTUDN LARCH ONTENT
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Chapter 61, R 61-79, R 61-79 261, Subpart D
Jurisdiction: South Carolina Document Date: September 25, 1998 Page Count: 12
Section Title: R 6 1-79 261 32 Hazardous Wastes From Specific Sources (Integrated)
Subject Terms: waste, hazardous waste, list
Source: Integrated Document
R 61-79 261 32 Hazardous Wastes from Specific Sources
The following solid wastes are listed hazardous wastes from specific sources unless they ai-e excluded
under 260 20 and 260 22 and listed in appendix IX (revised 12/92, 5/96)
Industry I I
&EPA I I
Hazardous I I
Waste I I Hazard
U I Hazardous Waste I Code
Wood preservation:
KOOl I Bottom sediment sludge from I (T)
I the treatment of wastewaters from wood I
I preserving processes that use creosote I
I and/or pentachiorophenol. I
Inorganic pigments:
1<002 I Wastewater treatment sludge from the CT)
I production of chrome yellow and orange I
I pigments. I
K003 Wastewater treatment sludge from the I CT)
I production of roolybdate orange pigments. I
1<004 I Wastewater treatment sludge from the I CT)
I production of zinc yellow pigments. I
1<005 I Wastewater treatment sludge from the I (T)
I production of chrome green pigments. I
1<006 I Wastewater treatment sludge from the CT)
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production of chrome oxide green pigments I
I Canhydrous and hydrated) . I
1 (007 I Wastewater treatment sludge from the I CT)
I production of iron blue pigments. I
1 (008 I Oven residue from the production of I CT)
I chrome oxide green pigments I
Organic chemicals:
1 (009 I Distillation bottoms from the production I CT)
I of acetaldehyde from ethylene. I
1 (010 I Distillation side cuts from the I CT)
I production of acetaldehyde from ethylene. I
1 (011 Bottom stream from the wastewater stripper I CR, T)
I in the production of acrylonitrile. I
1 (013 I Bottom stream from the acetonitrile column I CR, T)
I in the production of acrylonitrile. I
1 (014 I Bottoms from the acetonitrile purification I CT)
I column in the production of acrylonitrile. I
1 (015 Still bottoms from the distillation of I CT)
I benzyl chloride. I
1 (016 I Heavy ends or distillation residues from I CT)
I the production of carbon tetrachloride. I
1 (017 I Heavy ends Cstill bottoms) from the I CT)
I purification column in the production I
I of epichlorohydrin. I
1 (018 I Heavy ends from the fractionation column I CT)
I in ethyl chloride production. I
1 (019 I Heavy ends from the distillation of I CT)
I ethylene dichloride in ethylene dichloride I
I production. I
1 (020 I Heavy ends from the distillation of vinyl I CT)
I chloride in vinyl chloride monomer I
I production. I
1 (021 I Aqueous spent antimony catalyst waste from I CT)
I fluoromethanes production. I
1 (022 Distillation bottom tars from the I CT)
I production of phenol acetone from cumene. I
1 (023 I Distillation light ends from the production I CT)
I of phtha lic anhydride from naphthalene. I
1 (024 I Distillation bottoms from the production I CT)
I of phthalic anhydride from naphthalene. I
1 (025 I Distillation bottoms from the production of I CT)
I nitrobenzene by the nitration of benzene. I
1 (026 I Stripping still tails from the production I CT)
I of methyl ethyl pyridines. I
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K027 I Centrifuge and distillation residues from I CR, T)
I toluene diisocyanate production.
1 <028 I Spent catalyst from the hydrochlorinator I CT)
I reactor in the production of I
I 1,1,1-trichloroethane. I
1<029 I Waste from the product steam stripper in I CT)
I the production of l,l,l-trichloroethane. I
1<030 I Column bottoms or heavy ends from the I CT)
I combined production of trichloroethylene I
I and perchloroethylene. I
1<083 I Distillation bottoms from aniline I CT)
I production. I
1<085 I Distillation or fractionation column bottoms I CT)
I from the production of chlorobenzenes. I
1<093 I Distillation light ends from the production of I CT)
I phthalic anhydride from ortho-xylene. I
1<094 I Distillation bottoms from the production of I CT)
I phthalic anhydride from ortho—xylene.
1<095 I Distillation bottoms from the production of I CT)
I l,l,l—trichloroethane. I
1<096 I Heavy ends from the heavy ends column from I CT)
I the production of l,l,1-trichloroethane. I
1<103 I Process residues from aniline extraction I CT)
I from the production of aniline. I
1<104 I Combined wastewater streams generated from I CT)
I nitrobenzene/aniline production. I
1<105 I Separated aqueous stream from the reactor I CT)
I product washing step in the production of I
I chlorobenzenes. I
1<107 I Column bottoms from product separation from I CC, T)
I the production of l,l—dimethyl—hydrazine I
I CUDMH) from carboxylic acid hydrazines. I
1<108 I Condensed column overheads from product I CI, T)
I separation and condensed reactor vent gases
I from the production of l,l-dimethyl-hydrazine I
I CUDMH) from carboxylic acid hydrazides.
1<109 I Spent filter cartridges from product I CT)
I purification from the production of I
I 1,1-dimethyl-hydrazine CIJDMH) from I
I carboxylic acid hydrazides. I
1<110 I Condensed column overheads from intermediate I CT)
I separation from the production of I
I l,l—dimethyl-hydrazine CUDMH) from I
I carboxylic acid hydrazides.
Kl ll I Product washwaters from the production of I CC, T)
I dinitrotoluene via nitration of toluene. I
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Kl 12
1 <113
1 <114
1<115
1<116
1<117
CT)
CT)
CT)
CT)
CT)
CT)
I Reaction by—product water from the drying I CT)
I column in the production of toluenediamine I
I via hydrogenation of dinitrotoluene.
I Condensed liquid light ends from the I CT)
I purification of toluenediamine in the I
I production of toluenediamine via I
I hydrogenation of dinitrotoluene. I
I Vicinals from the purification of toluenediamine I CT)
I in the production of toluenediamine via I
I hydrogenation of dinitrotoluene. I
Heavy ends from the purification of toluenediamine I CT)
I in the production of toluenediamine via I
I hydrogenation of dinitrotoluene. I
Organic condensate from the solvent I CT)
I recovery column in the production of I
I toluene diisocyanate via phosgenation of
I toluenediamine. I
I Wastewater from the reactor vent gas I CT)
I scrubber in the production of ethylene dibromide I
I via bromination of ethene. I
1<118 I Spent adsorbent solids from purification of I
I ethylene dibromide in the production of I
I ethylene dibromide via bromination of ethene. I
1<136 I Still bottoms from the purification of I
I ethylene dibromide in the production of I
I ethylene dibromide via bromination of ethene.
1<149 I Distillation bottoms from the production of I
I alpha- Cor methyl-) chlorinated toluenes, I
I ring—chlorinated toluenes, benzoyl chlorides, I
I and compounds with mixtures of these I
I functional groups. CThis waste does not include I
still bottoms from the distillation of benzyl
I chloride.) I
1<150 I Organic residuals, excluding spent carbon I
I adsorbent, from the spent chlorine gas and I
I hydrochloric acid recovery processes associated I
I with the production of alpha- Cor methyl-) I
I chlorinated toluenes, ring-chlorinated toluenes, I
I benzoyl chlorides, and compounds with mixtures I
I of these functional groups. I
1<151 I Wastewater treatment sludges, excluding I
I neutralization and biological sludges,
I generated during the treatment of wastewaters I
I from the production of alpha— Cor methyl-) I
I chlorinated toluenes, ring-chlorinated toluenes, I
I benzoyl chlorides, and compounds with mixtures I
I of these functional groups. I
1<156 I Organic waste Cincluding heavy ends, still I
I bottoms, light ends, spent solvents, filtrates, I
I and decantes) from the production of carbamates I
I and carbamoyl oximes. CThis list does not apply to I
I waste generated from the manufacture of I
I 3-iodo-2-propynyl n-butylcarbamate.) I
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K157 I Wastewaters (including scrubber waters, condenser I (T)
I waters, washwaters, and separation waters) from
I the production of carbamates and carbamoyl I
I oximes. (This list does not apply to I
I waste generated from the manufacture of I
I 3—iodo—2—propynyl n-butylcarbamate.) I
1 <158 I Bag house dusts and filter/separation solids from I (T)
I the production of carbamates and carbamoyl oximes. I
I (This list does not apply to waste generated from the I
I manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
1<159 I Organics from the treatment of thiocarbamate wastes. I (T)
1<161 I Purification solids (including filtration, I CR, T)
I evaporation, and centrifugation solids), bag house I
I dust and floor sweepings from the production of I
I dithiocarbamate acids and their salts. (This I
I listing does not include 1<125 or 1<126.) . I
Inorganic Chemicals:
1<071 I Brine purification muds from the mercury I (T)
I cell process in chlorine production, where I
I separately prepurified brine is not used. I
1<073 I Chlorinated hydrocarbon waste from the I (T)
I purification step of the diaphragm cell
I process using graphite anodes in chlorine I
I production. I
1<106 I Wastewater treatment sludge from the mercury I CT)
I cell process in chlorine production.
Pesticides:
1<031 I By-product salts generated in the production I (T)
I of MSMP. and cacodylic acid. I
1<032 I Wastewater treatment sludge from the I (T)
I production of chlordane.
1<033 I Wastewater and scrub water from the I (T)
I chlorination of cyclopentadiene in the I
I production of chlordane. I
1<034 I Filter solids from the filtration of I (T)
I hexachiorocyclopentadiene in the production I
I of chlordane. I
1<035 I Wastewater treatment sludges generated in the I CT)
I production of creosote. I
1<036 I Still bottoms from toluene reclamation I (T)
I distillation in the production of disulfoton. I
1<037 I Wastewater treatment sludges from the I (T)
I production of disulfoton. I
1<038 I Wastewater from the washing and stripping I CT)
I of phorate production. I
1<039 I Filter cake from the filtration of I (T)
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I diethylphosphorodithioic acid in the I
I production of phorate. I
K040 I Wastewater treatment sludge from the I CT)
I production of phorate. I
K04l I Wastewater treatment sludge from the I CT)
I production of toxaphene. I
1 (042 I Heavy ends or distillation residues from I CT)
I the distillation of tetrachlorobenzene in I
I the production of 2,4,5-T. I
1(043 I 2,6-Dichlorophenol waste from the I CT)
I production of 2,4-D. I
1(097 I Vacuum stripper discharge from the chlordane I CT)
I chlorinator in the production of chlordane. I
1(098 I Untreated process wastewater from the I CT)
I production of toxaphene. I
1(099 I Untreated wastewater from the production I CT)
I of 2,4—D. I
1(123 I Process wastewater Cincluding supernates, I CT)
I filtrates, and washwaters) from the production
I of ethylenebisdithiocarbamic acid and its I
I salt. I
1 (124 I Reactor vent scrubber water from the I CC, T)
I production of ethylenebisdithiocarbamic I
I acid and its salts. I
1(125 I Filtration, evaporation, and centrifugation I CT)
I solids from the production of I
I ethylenebisdithiocarbamic acid and its salts. I
1(126 I Baghouse dust and floor sweepings in milling I CT)
I and packaging operations from the production
I or formulation of ethylenebisdithiocarbamic I
I acid and its salts. I
1(131 I Wastewater from the reactor and spent I CC, T)
I sulfuric acid from the acid dryer from the I
I production of methyl bromide.
1(132 I Spent absorbent and wastewater separator I CT)
I solids from the production of methyl bromide. I
Explosives:
1(044 I Wastewater treatment sludges from the I CR)
I manufacturing and processing of explosives. I
1 (045 I Spent carbon from the treatment of wastewater I CR)
I containing explosives. I
1(046 I Wastewater treatment sludges from the I CT)
I manufacturing, formulation and loading of I
I lead-based initiating compounds.
1 (047 I Pink/red water from TNT operations. I CR)
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Petroleum refining:
1 <048 I Dissolved air flotation (DAF) float from I CT)
I the petroleum refining industry. I
1<049 I Slop oil emulsion solids from the petroleum I CT)
I refining industry.
1<050 I Heat exchanger bundle cleaning sludge from I CT)
I the petroleum refining industry. I
1<051 I API separator sludge from the petroleum I CT)
I refining industry. I
1<052 I Tank bottoms Cleaded) from the petroleum I CT)
I refining industry. I
Iron and steel:
1<061 I Emission control dust/sludge from the primary I CT)
I production of steel in electric furnaces. I
1<062 I Spent pickle liquor generated by steel I CC, T)
I finishing operations of facilities within the I
iron and steel industry CSIC Codes 331 and I
I 332). I
Primary copper:
1 <064 I Acid plant blowdown slurry/sludge resulting I CT)
I from the thickening of blowdown slurry from I
I primary copper production. I
Primary lead:
1<065 I Surface impoundment solids contained in I CT)
I and dredged from surface impoundments I
I at primary lead smelting facilities. I
Primary zinc:
1<066 I Sludge from treatment of process wastewater I (T)
I and/or acid plant blowdown from primary I
I zinc production. I
Primary aluminum:
1<088 I Spent potliners from primary aluminum I (T)
I reduction. I
Ferroalloys:
1<090 I Emission control dust or sludge from I (T)
I ferrochromiumsilicon production. I
1<091 I Emission control dust or sludge from I CT)
I ferrochromium production. I
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Secondary lead-
1 (069 I Emission control dust/sludge from secondary I CT)
I lead smelting. (Note: This listing is stayed
I administratively for sludge generated from
I secondary acid scrubber systems. The stay will I
I remain in effect until further administrative action I
I is taken. If EPA takes further action effecting this I
I stay, EPA will publish a notice of the action in the I
I Federal Register) . I
KlOO I Waste leaching solution from acid leaching I (T)
I of emission control dust/sludge from I
I secondary lead smelting. I
Veterinary pharmaceuticals:
K084 I Wastewater treatment sludges generated I (T)
I during the production of veterinary I
I pharmaceuticals from arsenic or organo—arsenic I
compounds. I
KlOl Distillation tar residues from the I (T)
I distillation of aniline—based compounds in I
I the production of veterinary pharmaceuticals I
I from arsenic or organo-arsenic compounds. I
1(102 I Residue from the use of activated carbon for I (T)
I decolorization in the production of veterinary I
I pharmaceuticals from arsenic or organo-arsenic I
I compounds. I
Ink formulation:
K086 I Solvent washes and sludges, caustic washes I CT)
I and sludges, or water washes and sludges I
from cleaning tubs and equipment used in the I
I formulation of ink from pigments, driers, I
I soaps, and stabilizers containing chromium
I and lead. I
Coking:
K060 Ammonia still lime sludge from coking I CT)
I operations. I
1(087 I Decanter tank tar sludge from coking CT)
I operations (amended 6/95)
1(141 I Process residues from the recovery of coal I (T)
I tar, including, but not limited to, collecting I
I sump residues from the production of coke I
I from coal or the recovery of coke by—products I
I produced from coal. This listing does not I
I include 1(087 (decanter tank tar sludges from I
I coking operations) . I
1(142 I Tar storage tank residues from the production I CT)
I of coke from coal or from the recovery of coke I
I by—products produced from coal. I
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1 (143 I Process residues from the recovery of light oil, I (T)
I including, but not limited to, those generated I
I in stills, decanters, and wash oil recovery units I
I from the recovery of coke by—products produced I
I from coal. I
1c144 I Wastewater sump residues from light oil refining, I CT)
I including, but not limited to, intercepting or I
I contamination sump sludges from the recovery of I
I coke by-products produced from coal. I
1 <145 I Residues from naphthalene collection and recovery I CT)
I operations from the recovery of coke by-products I
I produced from coal. I
1<147 I Tar storage tank residues from coal tar refining I CT)
1<148 I Residues from coal tar distillation, including I CT)
I but not limited to, still bottoms. I
ENFLEX History Note As amended in the South Carolina State Register, Volume 16, Issue No 12,
December 25, 1992, effective upon publication, Volume 17, lssue No 12, December 24, 1993, effective
upon publication, Volume 19, Issue No 6, June 23, 1995, effective upon publication, Volume 20, Issue
No 5, May 24, l996, effective upon publication, Volume 22, Issue No 9, September 25, 1998, effective
upon publication
HOME WEEKLY UPDATE CONTACT tkS
Copyright © 1999 IHS Environmental Information, Inc.
All Rights Resen’ed.
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RCRA PARALLEL CITATIONS FOR TENNESSEE
TOPIC
CFR
Tenn. Comp. R. & Regs. tit.
1200 ch. 11 (l9xx)
Hazardous Waste
Management System
260.1 and 260.2
260.10 (definitions)
1200-1-11-.01
Identification & Listing of
Hazardous Waste- General
definitions/purpose/scope
261.1
1200-1-11 -.02
“solid waste” definition
261 2
1200-1-1 1-.02(1)(b)
“hazardous waste” definition
261 3
1200-1-1 1-.02(1)(c)
“solid waste” exclusions
261.4
1200-1-1 1-.02(1)(d)
requirements for CESQG
261.5
1200-1-1 1-.02(1)(e)
criteria for identiFying
characteristics of hazardous
waste
261.10
1200-1-11-. 02(2)(a)
criteria for listing hazardous
waste
261.11
1200-1-1 1-.02(2)(b)
characteristics of hazardous
waste
261 20-261.24
1200-1-11-02(3)
(a)- general
(b)- ignitability
(c)- corrosivity
(d)- reactivity
(e)-_toxicity
lists of hazardous wastes
261.30-261.32
1200-1-1 1-.02(4)
(a)- general
(b)non-specific
(c)-_specific
South Carolina; Final Authorization of State Hazardous Waste Management Program:
• 50 FR 2820 (1/22/85)
• effective date 2/5/85
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Citation Search Result Rank 1 of 4 Database
J FR 2820—02 FR
1985 WL 82277 (F.R.)
(Cite as: 50 FR 2820)
RULES and REGULATIONS
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[ SW—4—FRL—2759—6]
Tennessee; Decision on Final Authorization of State Hazardous Waste Management
Program
Tuesday, January 22, 1985
*2820 AGENCY: Environmental Protection Agency.
ACTION: Notice of Final Determination on Tennessee’s Application for Final
Authorization.
SUMMARY: Tennessee has applied for Final Authorization under the Resource
Thnservation and Recovery Act (RCRA). EPA has reviewed Tennessee’s application
id has reached a final determination that Tennessee’s Hazardous Waste Program
satisfies all of the requirements necessary for Final Authorization. Thus, EPA
is granting Final Authorization to the State to operate its program.
EFFECTIVE DATE: Final Authorization for Tennessee, for purposes of judicial
review, shall be effective at 1:00 p.m. Eastern time February 5, 1985.
FOR FURTHER INFORMATION CONTACT: Allan E. Antley (404) 881-4727 Chief, Waste
Planning Section, Residuals Management Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street NE., Atlanta, Georgia
30365.
*2821 SUPPLEMENTARY INFORMATION: Section 3006 of the Resource Conservation and
Recovery Act (RCRA) allows the Environmental Protection Agency (EPA) to
authorize state hazardous waste management programs to operate in the state in
lieu of the Federal program. To qualify for Final Authorization, a state’s
program must (1) be “equivalent” to the Federal program, (2) be consistent with
the Federal program and other state programs, and (3) provide for adequate
enforcement (Section 3006(b) of RCRA, 42 U.S.C. 6226(b)).
On July 31, 1984, Tennessee submitted a complete application to obtain Final
Authorization to administer a RCRA program. On November 2, 1984, EPA published
a Tentative Decision announcing its intent to grant Tennessee Final
Authorization (49 FR 44112). The granting of Final Authorization to Tennessee is
ntingent on EPA providing direct assistance to the State in the permitting
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50 FR 2820—02
t Cite as: 50 FR 2820, *2821)
effort which will be extensive during FY-85 and FY-86.
Along with the tentative determination, EPA announced the availability of the
State’s application for public review and comment and the date of a public
hearing on the application. The public hearing was not held as scheduled on
December 3, 1984, since neither EPA nor the Tennessee Department of Health and
Environment received significant interest in holding the hearing. No comments
were received from the public.
Tennessee is not authorized by the Federal Government to operate the RCRA
program on Indian Lands and this authority will remain with EPA.
Decision
It is my conclusion that Tennessee’s application for Final Authorization meets
all of the regulatory and statutory requirements established by RCRA.
Accordingly, Tennessee is granted final authorization to operate its hazardous
waste management program. Sublect to the Hazardous and Solid Waste Amendments
of 1984 (Pub. L. 98—616, November 8, 1984), Tennessee now has responsibility
for permitting treatment, storage and disposal facilities within its border and
for carrying out all other aspects of the RCRA program. Tennessee also has
primary enforcement responsibility, although EPA retains the right to conduct
inspections under section 3007 of RCRA and to take enforcement actions under
sections 3008, 3013, and 7003 of RCRA. Prior to the Hazardous and Solid Waste
iendments (HSWA) amending RCRA, a State with final authorization administered
s hazardous waste program entirely in lieu of the EPA. EPA’s regulations no
longer applied in the authorized State, and EPA could not issue permits for any
facilities the State was authorized to permit. Now, however, under section
3006(g) of RCRA, 42 U.S.C. 6226(g), the new requirements and prohibitions
imposed by the HSWA take effect in authorized States at the same time as they
take effect in non-authorized States. EPA is directed to carry out those
requirements and prohibitions in authorized States, including the issuance of
full or partial permits, until the State is granted authorization to do so.
As a result of the HSWA, there will be a dual State/Federal regulatory program
in Tennessee. To the extent the authorized State program is unaffected by the
HSWA, the State program will operate in lieu of the Federal program. EPA will
administer and enforce the prohibitions and requirements of the HSWA in
Tennessee until Tennessee receives authorization to do so. Among other things,
this will entail the issuance of Federal RCRA permits for those areas in which
the State is not yet authorized. Once the State is authorized to implement a
HSWA requirement or prohibition, the State program in that area will operate in
lieu of the Federal provision. Until that time the State will assist EPA’s
implementation of the HSWA under a Cooperative Agreement.
HSWA-related requirements and prohibitions that are more stringent than the
State’s program apply in Tenne see. Any State requirement that is more
stringent than an HSWA provision also remains in effect; thus, the universe of
the more stringent provisions in the authorized State program and the HSWA
define the applicable requirements in Tennessee. (Tennessee is not being
thorized now for any requirement implementing the HSWA.)
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50 FR 2820—02
(Cite as: 50 FR 2820, *2821)
EPA will be publishing a Federal Register notice that explains in detail the
HSWA and its effect on authorized States. That notice should be referred to for
further information.
Region IV and Tennessee are currently reviewing the Memorandum of Agreement
(MOA) to revise it to address the requirements of the HSWA. The current MOA
provides that Tennessee shall administer the RCRA program in lieu of EPA and
that EPA shall not issue permits in the State. Thus, it is inconsistent with
the HSWA and will be revised to reflect EPA’s and Tennessee’s respective
responsibilities under the new Federal/State regulatory scheme. (Because of the
strict statutory time clock for processing final authorization applications, the
State and EPA did not have ample time to revise the MOA before EPA’s final
approval of the State’s application.)
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this Final Authorization from
the requirements of section 3 of Executive Order 12291.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that this
authorization will not have a significant economic impact on a substantial
‘umber of entities. This authorization effectively suspends the applicability
- certain Federal regulations in favor of Tennessee’s program, thereby
eliminating duplicative requirements for handlers of hazardous waste in the
State. It does not impose any new burdens on small entities. This rule,
therefore, does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Hazardous materials, Indian lands, Reporting and recordkeeping requirements,
Waste treatment and disposal, Intergovernmental relations, Penalties,
Confidential business information.
Authority: This notice is issued under the authority of sections 2002(a), 3006,
and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926,
6974(b), and EPA delegation 8-7.
Thomas Devine,
Acting Regional Administrator.
[ FR Doc. 85—1581 Filed 1—18—85; 8:45 am]
BILLING CODE 6560-50-M
50 FR 2820—02, 1985 WL 82277 (F.R.)
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50 FR 2820—02
(Cite as: 50 FR 2820, *2821)
END OF DOCUMENT
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Federal and State Regulations Contents Tennessee http //www2 ihsenv corn/products egi/fedstateitn/tocii4 00062 htrnl 9 &ep I &i date 199910
Federal and State Regulations Contents for
II I tIIllIHtIIENFL < November 1999
DATABASES JURlSD CtiONS SEARCH
Federal and State Regulations
- Tennessee
Control No 1200 Department of Environment and Conservation
- Division 1 Division of Ground Water Protection, Division of Solid Waste Ma
Chapter I I Hazardous Waste Management
. 1200- 1-11 - 01 Hazardous Waste Management System General
1200-1-11-02 Identification and Listing of Hazardous Waste
1200-1-1 1- 03 Notification Requirements and Standards Applicable
1200-1-11- 04 Permit Requirements and Standards Applicable to Tr
1200-1 - I I - 05 interim Status Standards for Owners and Operators
1200-1 - I I - 06 Standards for Owners and Operators of Hazardous
1200-1 - I I - 07 Permitting of Hazardous Waste Treatment, Storage,
1200-1-1 I - 08 Fee System for Transporters, Storers, Treaters, Disp
1200-1 - I 1- 09 Standards for the Management of Specific I-lazardou
: 1200-1-Il- 10 Land Disposal Restrictions
1200-1-Il- 11 Standards for the Management of Used Oil
1200-I-I 1- 12 Standards for Universal Waste Management
Copyright f l 1999 IHS Environmental Information, Inc.
All Rights Resen’ed.
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I I IU1IIIIItIIENFL Federal and State Regulations, November
DATABA JLJRIS CTI NS EAF’ CH CC}NTENTS
Hide Document Profile I Previous in Jurisdiction I Next in Jurisdiction
Citation: Control No 1200, Division I, Chapter 11
Jurisdiction: Tennessee Document Date: July 19, 1999 Page Count: 118
Section Title: 1200-I-Il- 02 Identification and Listing of Hazardous Waste (Integrated)
Subject Terms: waste, hazardous waste, reference, definition, wastewater treatment, standard, used
oil, applicability, exemption, sampling, compliance, hazardous waste generator,
hazardous waste transporter, testing, recordkeeping, reporting, notification, small
quantity generator, recyclable material, container, PCB, list
Source: Integrated Document
Control No 1200 Department of Environment and Conservation
Division I Division of Sanitation and Solid Waste Management
Chapter 1 I Hazardous Waste Management
1200-1-11-02 IDENTIFICATiON AND LISTII’4G OF HAZARDOUS WASTE
(I) General [ 40 C F R 261 Subpart A]
(a) Purpose and Scope [ 40 C F R 261 I]
1 This Rule identifies those solid wastes which are subject to regulation as hazardous wastes under Rules
1200-1-11-03 through 07 In this Rule
(i) Paragraph (I) defines the terms “solid waste” and “hazardous waste”, identifies those wastes which are
excluded from regulation under Rules 1200- I - I I - 03 through 07, 09 and 10 and establishes special
management requirements for hazardous waste produced by conditionally exempt small quantity
generators and hazardous waste which is recycled
(ii) Paragraph (2) sets forth the criteria used by the Board to identify characteristics of hazardous waste
and to list particular hazardous wastes
(iii) Paragraph (3) identifies characteristics of hazardous waste
(iv) Paragraph (4) lists particular hazardous wastes
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2 (i) The definition of solid waste contained in this part applies only to wastes that also are hazardous for
purposes of the regulations implementing T C A Title 68, Chapter 212 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
(ii) This part identifies only some of the materials which are solid wastes and hazardous wastes under
T CA Sections 68-212-105, 68-212-107, 68-212-111,68-212-114 and 68-212-115 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 statutory sections if
(1) In the case of T C A Section 68-212-107, the Comimssioner has reason to believe that the material
may be a solid waste within the meaning of T C A Section 68-212-104(17) and a hazardous waste within
the meaning of T C A Section 68-212-104(7), or
(ii) In the case ofT CA Sections 68-212-105,68-212-Ill, 68-212-114 and 68-212-115, the statutory
definition of a waste and a hazardous waste are established
3 For the purposes of subparagraph (b) and (f) of this paragraph
(i) 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,
(ii) “Sludge” has the same meaning used in Rule 1200-I-I 1- 01(2)(a),
(iii) 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
(iv) 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
(v) A material is “used or reused” if it is either
(1) 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
(11) 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)
(vi) “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
(vii) A material is “recycled” if it is used, reused, or reclaimed
(viii) A material is “accumulated speculatively” if it is accumulated before being recycled A material is
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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 subpart (d)3(i) of this paragraph are
not 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
(ix) “Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed
prompt scrap metal
(x) “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 (Rule 1200-I-I I- 02(l)(d)I(xv))
(xi) “I-Tome scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as
turnings, cuttings, punchings, and borings
(xii) “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
(b) Definition of Solid Waste [ 40 C F R 261 2]
1 (i) A “solid waste” is any discarded material that is not excluded by part (d) I of this paragraph or that is
not excluded by variance granted under Rule 1200-1-1 I - 01 (4)(a) and (b)
(ii) A “discarded material” is any material which is
(I) “Abandoned”, as explained in part 2 of this paragraph, or
(Ii) “Recycled”, as explained in part 3 of this paragraph, or
(ill) Considered “inherently waste-like”, as explained in part 4 of this subparagraph, or
(IV) A military munition identified as a solid waste in Rule 1200-1-I I- 09(13)(c)
2 Materials are solid waste if they are “abandoned” by being
(‘) Disposed of, or
(ii) Burned or incinerated, or
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(iii) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being
disposed of, burned, or incinerated
3 Materials are solid wastes if they are “recycled” -- or accumulated, stored, or treated before recycling
-- as specified in subparts (i) through (iv) of this part
(i) “Used in a manner constituting disposal”
(1) Materials noted with a 11* ‘ in Column I of Table I are solid wastes when they are
I Applied to or placed on the land in a manner that constitutes disposal, or
ii 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)
(11) However, commercial chemical products listed in subparagraph (4)(d) of this Rule are not solid
wastes if they are applied to the land and that is their ordinary manner of use
(ii) “Burning for energy recovery”
(I) Materials noted with a “i” in column 2 of Table 1 are solid wastes when they are
I Burned to recover energy,
11 Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid
waste)
(11) However, commercial chemical products listed in subparagraph (4)(d) of this Rule are not solid
wastes if they are themselves fuels
(iii) “Reclaimed”
Materials noted with a “ in column 3 of Table 1 are solid wastes when reclaimed (except as provided
under subpart (d)1(xviii) of this paragraph) Materials noted with a “-“ in column 3 of Table 1 are not
solid wastes when reclaimed (except as provided under subpart (d)I(xviii) of this paragraph)
(iv) “Accumulated speculatively”
Materials noted with a “ in column 4 of Table I are solid wastes when accumulated speculatively
ENFLEX Note The following table is wider than your screen Please scroll right to see entire table
Table I
I Use I Energy I Reclamation, Rule
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I Constituting Recovery/Fuel I 1200-1-11-. 02 I
I Disposal, Rule I Rule I (1) (b)3(iii) I
I 1200—l—ll—.02 I 1200—1—11— .02 I (except as I
I (1) (b)3(i) I (1) (b)3(ii) I provided in Rule I
I I I 1200—1—ll—.02(l) I
I I I (d)l(xviii) for
I I mineral processing I
I I I secondary I
I I I materials I
I I I I —
Cl) I (2) I (3) I
== = ====== = == = == = = == == ======= I ========= = = == === I =============== I = = === = = = = = = = = ===== = I =
Spent Materials I * I * *
I I I I —
Sludges [ listed in Rule I * * * I
1200—1—l1—.02(4) (b) or Cc)) I I
I I I I —
Sludges exhibiting a I * * - I
characteristic of I I I I
hazardous waste I I I I
I I I I —
By-products [ listed in Rule I * * I * I
1200—1—11—.02(4) (b) or Cc)] I I I I
I I I I —
By-products exhibiting a I * I * - I
characteristic of I I I I
hazardous waste I I I I
I I I I —
Commercial chemical * I * I - I
products listed in Rule I I I I
1200—1—ll—.02(4) (d) I I I I
I I I I —
Scrap metal other than I * * * I
excluded scrap metal I I I I
(see Rule I I I I
1200—1—ll—.02(l) (a)3(ix)) I I I . I
* The terms “spent materials”, “sludges”, “by-products,” “scrap metal” and “processed scrap metal” are
defined in subparagraph (l)(a) of this Rule
4 “Inherently waste-like materials”
The following materials are solid wastes when they are recycled in any manner
(i) Hazardous Waste Codes F020, F02 I (unless used as an ingredient to make a product at the site of
generation), F022, F023, F026, and F028
(ii) 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 paragraph (3) or (4) of this Rule, 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 paragraph (5)
Appendix Viii of this Rule, and
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(III) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard
piping)
(iii) The Board will use the following criteria to add wastes to that list
(1)1 The materials are ordinarily disposed of, burned, or incinerated, or
ii The materials contain toxic constituents listed in paragraph (5) Appendix VIII of this Rule 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
(11) The material may pose a substantial hazard to human health and the environment when recycled
5 “Materials that are not solid waste when recycled”
(i) 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
(11) 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
(ii) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the
original process (described in items (i)(I) through (111) of this part)
(1) Materials used in a manner constituting disposal, or used to produce products that are applied to the
land, or
(11) Materials burned for energy recovery, used to produce a fuel, or contained in fuels, or
(Ill) Materials accumulated speculatively, or
(IV) Materials listed in subparts 4(i) and 4(u) of this subparagraph
6 “Documentation of claims that materials are not solid wastes or are conditionally exempt from
regulation” Respondents in actions to enforce regulations implementing the Act and Rule Chapter
1200- I -Il 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
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(c) Definition of Hazardous Waste [ 40 C F R 261 3]
I A solid waste, as defined in subparagraph (b) of this paragraph, is a hazardous waste if
(i) It is not excluded from regulation as a hazardous waste under part (d)2 of this paragraph, and
(ii) it meets any of the following criteria
(I) it exhibits any of the characteristics of hazardous waste identified in paragraph (3) of this Rule except
that any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals
excluded under subpart (d)2(vii) of this paragraph and any other solid waste exhibiting a characteristic of
hazardous waste under paragraph (3) of this Rule 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 Ito subparagraph (3)(e) of this
Rule 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 paragraph (4) of this Rule and has not been excluded from the lists in paragraph (4) of
this Rule under Rule 1200-1-11 -.0 I (3)(a) and (c)
(Ill) It is a mixture of a solid waste and a hazardous waste that is listed in paragraph (4) of this Rule
solely because it exhibits one or more of the characteristics of hazardous waste identified in paragraph (3)
of this Rule, unless the resultant mixture no longer exhibits any characteristic of hazardous waste
identified in paragraph (3) of this Rule, or unless the solid waste is excluded from regulation under
subpart (d)2(vii) of this paragraph and the resultant mixture no longer exhibits any characteristic of
hazardous waste identified in paragraph (3) of this Rule for which the hazardous waste listed in paragraph
(4) of this Rule was listed (However, nonwastewater mixtures are still subject to the requirements of
Rule 1200-1-li- 10, even if they no longer exhibit a characteristic at the point of land disposal)
(IV) it is a mixture of solid waste and one or more hazardous wastes listed in paragraph (4) of this Rule
and has not been excluded from subpart 1(u) of this subparagraph under Rule 1200-1-11- 0l(3)(a) and
(c), however, the following mixtures of solid wastes and hazardous wastes listed in paragraph (4) of this
Rule are not hazardous wastes (except by application of items (I) or (11) of this subpart) if the generator
can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation
under I C A § 69-3-l01 et seq (including wastewater at facilities which have eliminated the discharge
of wastewater) and
1 One or more of the following solvents listed in subparagraph (4)(b) -- 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 I part per million, or
11 One or more of the following solvents listed in subparagraph (4)(b) -- methylene chloride,
1, 1, I -trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene,
methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents Provided
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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
Ill One of the following wastes listed in subparagraph (4)(c) Heat exchanger bundle cleaning sludge
from the petroleum refining industry (Hazardous Waste Code K050), or
IV A discarded commercial chemical product, or chemical intermediate listed in subparagraph (4)(d),
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
subitem “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
V Wastewater resulting from laboratory operations containing toxic (T) wastes listed in paragraph (4) of
this Rule 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
VI One or more of the following wastes listed in subparagraph (4)(c) -- wastewaters from the production
of carbamates and carbamoyl oximes (Hazardous Waste Code K 157) 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 oi- 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
VII Wastewaters derived from the treatment of one or more of the following wastes listed in
subparagraph (4)(c) -- organic waste (including heavy ends, still bottoms, light ends, spent solvents,
filtrates, and decantates) from the production of carbamates and carbamoyl oximes (Hazardous Waste
Code 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
paragraph (4) of this Rule 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 paragraph (5) Appendix VIII of this Rule) EPA Publication SW-846, Third Edition, is available
from the Government Printing Office, Superintendent of Documents, P0 Box 371954, Pittsburgh, PA
15250-7954 202-783-3238 (document number 955-001-00000-1)
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I The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraflins,
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
Ii 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
2 A solid waste which is not excluded from regulation under part (d)2 of this paragraph becomes a
hazardous waste when any of the following events occur
(i) in the case of a waste listed in paragraph (4) of this Rule, when the waste first meets the listing
description set forth in paragraph (4) of this Rule
(ii) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous
waste listed in paragraph (4) of this Rule is first added to the solid waste
(iii) in the case of any other waste (including a waste mixture), when the waste exhibits any of the
characteristics identified in paragraph (3) of this Rule
3 Unless and until it meets the criteria of part 4 below
(I) A hazardous waste will remain a hazardous waste
(ii)(l) Except as otherwise provided in item (11) of this subpart, 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
I Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel
industry (SIC Codes 33 1 and 332)
ii Waste from burning any of the materials exempted from regulation by items (f) I (iii)(IV) through (VI)
111 A Nonwastewater residues, such as slag, resulting from high temperature metals recovery (I-ITMR)
processing ofKO6l, 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 items (vi), (vii) and (xiii) of the definition for “Industrial furnace” in Rule
1200-1-li- 01 (2)(a) 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
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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
I Maximum for any
I Single
I Composite
I Sample -- TCLP
Constituent I (mg/l)
Generic exclusion levels for 1 <061 and 1<062 nonwastewater HTMR residues
Antimony I 0.10
Arsenic I 0.50
Barium I 7.6
Beryllium I 0.010
Cadmium I 0.050
Chromium (total) I 0.33
Lead I 0.15
Mercury I 0.009
Nickel 1.0
Selenium I 0.16
Silver I 0.30
Thallium 0.020
Zinc I 70
Generic exclusion levels for F006 nonwastewater HTMR residues
Antimony I 0.10
Arsenic I 0.50
Barium I 7.6
Beryllium I 0.010
Cadmium I 0.050
Chromium (total) I 0.33
Cyanide (total) (mg/kg) I 1.8
Lead I 0.15
Mercury I 0.009
Nickel I 1.0
Selenium I 0.16
Silver I 0.30
Thallium 0.020
Zinc 70
B A one-time notification and certification must be placed in the facility’s files and sent to the Division
Director for K06l, K062 or F006 HTN4R 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 noti& the Division Director or an authorized state on an annual basis if
such changes occur Such notification and certification should be sent to the Division Director 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 Hazardous
Waste Code(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 “1 certi& under penalty of law that the generic exclusion levels
for all constituents have been met without impermissible dilution and that no characteristic of hazardous
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waste is exhibited I am aware that there are significant penalties for submitting a false certification,
including the possibility of fine and imprisonment
IV Biological treatment sludge from the treatment of one of the following wastes listed in subparagraph
(4)(c) -- organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (Hazardous Waste Code K 1 56),
and wastewaters from the production of carbamates and carbamoyl oximes (Hazardous Waste Code
K 157)
4 Any solid waste described in part 3 of this subparagraph is not a hazardous waste if it meets the
following criteria
(i) in the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste
identified in paragraph (3) of this Rule (However, wastes that exhibit a characteristic at the point of
generation may still be subject to the requirements of Rule 1200-I - I I - 10, even if they no longer exhibit a
characteristic at the point of land disposal )
(ii) in the case of a waste which is a listed waste under paragraph (4) of this Rule, contains a waste listed
under paragraph (4) of this Rule or is derived from a waste listed in paragraph (4) of this Rule, it also has
been excluded from part 3 of this subparagraph under Rule 1200-1-11- 01(3)(a) and (c)
5 (Reserved) [ 40 C F R 261 3(e) ]
6 Notwithstanding parts I through 4 of this subparagraph and provided the debris as defined in Rule
1200-I-Il- 10 does not exhibit a characteristic identified at paragraph (3) of this Rule the following
materials are not subject to regulation under Rules 1200-1-1 1-01 through 07, 09 and 10
(i) Hazardous debris as defined in Rule 1200-I-I I - 10 that has been treated using one of the required
extraction or destruction technologies specified in Table 1 of Rule 1200-1-11- I 0(3)(f), 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
(ii) Debris as defined in Rule 1200-I-li- 10 of this chapter that the Commissioner, considering the extent
of contamination, has determined is no longer contaminated with hazardous waste
(d) Exclusions [ 40 C F R 261 4] & [ 40 C F R 262 70]
I Materials Which Are Not Solid Wastes
The following materials are not solid wastes for the purpose of this Rule
(i)(1) 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
(ii) Industrial wastewater discharges that are point source discharges subject to regulation under section
402 of the Clean Water Act, as amended
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(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)
(iii) irrigation return flows
(iv) 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
(v) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the
extraction process
(vi) 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 subpart (a)3(viii) of this
paragraph
(vii) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as
defined in subpart (a)3(viii) of this paragraph
(viii) 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,
(11) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators),
(111) 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
(ix)(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
item (1) and (11) of this subpart, so long as they meet all of the following conditions
I 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,
11 Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to
either land or groundwater or both,
III Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be
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visually or otherwise determined to prevent such releases,
IV Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse
complies with the standards in Rule 1200-I-I 1- 05(23), regardless of whether the plant generates a total
of less than 100 kg/month of hazardous waste, and
V Prior to operating pursuant to this exclusion, the plant owner or operator submits to the
Commissioner 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
“1 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 on 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 Commissioner for reinstatement The Commissioner may reinstate the exclusion upon finding that
the plant has returned to compliance with all conditions and that violations are not likely to recur
(x) Hazardous Waste Codes K060, K087, K14l, 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 subparagraph (3)(e) of this Rule 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
(xi) Nonwastewater splash condenser dross residue from the treatment ofKO6l in high temperature
metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery
(xii) Recovered oil from petroleum refining, exploration and production, and from transportation incident
thereto, which is to be inserted into the petroleum refining process (SiC Code 2911) at or before a point
(other than direct insertion into a coker) where contaminants are removed This exclusion applies to
recovered oil stored or transported prior to insertion, except that the oil must not be stored in a manner
involving placement on the land, and must not be accumulated speculatively, before being so recycled
Recovered oil is oil that has been reclaimed from secondary materials (such as wastewater) generated
from normal petroleum refining, exploration and production, and transportation practices Recovered oil
includes oil that is recovered from refinery wastewater collection and treatment systems, oil recovered
from oil and gas drilling operations, and oil recovered from wastes removed from crude oil storage tanks
Recovered oil does not include (among other things) oil-bearing hazardous wastes listed in paragraph (4)
of this Rule (e g, K048 - K052, F037, F038) However, oil recovered from such wastes may be
considered recovered oil Recovered oil also does not include used oil as defined in Rule
1200-I-Il- ll(l)(a)
(xiii) Petroleum tank bottom waters (the water phase which accumulates in operating petroleum tanks)
removed from petroleum tanks at retail, government or private outlets, bulk petroleum plants and
terminals, or petroleum pipeline breakout tankage that contain recoverable petroleum product provided
(1) The petroleum product is being or shall be legitimately recycled,
(Ii) The owner or operator of the petroleum facility maintains adequate records which document
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I The dates and amounts of material removed from the petroleum tanks,
ii The dates the materials were either recycled on-site or shipped off-site to a legitimate recycler, and
Ill If shipped off-site for recycling, the names of recyclers and transporters used,
(Ill) If accumulated on-site before being recycled, the material is accumulated in suitable tanks or
containers, and
I Each tank or container is appropriately labeled or marked as to its contents,
ii The material is not accumulated on-site at retail government or private outlets for more than 30 days
from the date that a total of 55 gallons has accumulated after removal from the petroleum tank before
being recycled on-site or shipped off-site to a legitimate recycling facility, or
III The material is not accumulated on-site at all other petroleum facilities for more than 90 days from
the date it was removed from the petroleum tank before being recycled on-site or shipped off-site to a
legitimate recycling facility, and
LV Each tank or container is managed in such a manner as to minimize threats to public health and the
environment, (e g, keeping containers closed during storage, etc)
(IV) These materials are not, at any time, accumulated or stored in earthen vessels (including, but not
limited to inground or aboveground ponds, lagoons, or surface impoundments)
(Note Any management of petroleum tank bottom waters or their residues by the generator, transporter,
or processor/re-refiner will void this exclusion and will render these materials fully subject to a hazardous
waste determination and management as appropriate)
(xiv) Petroleum tank bottom waters (the water phase which accumulates in operating petroleum tanks)
removed from petroleum tanks at retail, government or private outlets, bulk petroleum plants or
terminals, or petroleum pipeline breakout tankage that contain recoverable petroleum product and which
are received at recycling facilities for product reclamation provided that
(1) The petroleum product is being or shall be legitimately recycled, and
(11) The owner or operator of the recycling facility maintains adequate records which document
I The generators and transporters names and addresses, and the dates and amounts of material received
by the facility from off-site for recycling,
Ii The recovered quantities of product, and
[ 11 If the recovered product is shipped off-site, the names of the transporter(s) used and the dates and
quantities of recovered product shipped off-site after recovery
(Ill) These materials are not, at any time, accumulated or stored in earthen vessels (including, but not
limited to inground or aboveground ponds, lagoons, or surface impoundments)
(Note Any management of petroleum tank bottom waters or their residues by the generator, transporter,
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or processor/re-refiner will void this exclusion and will render these materials fully subject to a hazardous
waste determination and management as appropriate)
(xv) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed
prompt scrap metal) being recycled
(xvi) Shredded circuit boards being recycled provided that they are
(1) Stored in containers sufficient to prevent a release to the environment prior to recovery, and
(11) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries
(xvii) Condensates derived from the overhead gases from krafl mill stream strippers that are used to
comply with 40 C F R 63 446(e ) The exemption applies only to combustion at the mill generating the
condensates
(xviii) Secondary materials (i e, sludges, by-products, and spent materials as defined in subparagraph (a)
of this paragraph) (other than hazardous wastes listed in paragraph (4) of this Rule) generated within the
primary mineral processing industry from which minerals, acids, cyanide, water or other values are
recovered by mineral processing, provided that
(1) The secondary material is legitimately recycled to recover minerals, acids, cyanide, water or other
values
(11) The secondary material is not accumulated speculatively
(Ill) Except as provided in item (1V) of this subpart, the secondary 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 Rule
1200-1-1 1- 01(2)(a)), 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 Commissioner may make a site-specific determination, after public review and comment, that
only solid mineral processing secondary materials may be placed on pads, rather than in tanks, containers,
or buildings Solid mineral processing secondary 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
I 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
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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
11 Pads must meet the following minimum standards be designed of non-earthen material that is
compatible with the chemical nature of the mineral processing secondary 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
lii Before making a determination under this subpart, the Commissioner 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 a notice to the Commissioner, identifying 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 item 3(ii)(ll1) of this subparagraph, mineral processing secondary matenals must be
the result of mineral processing and may not include any listed hazardous wastes Listed hazai-dous
wastes and characteristic hazardous wastes generated by non-mineral processing industries are not
eligible for the conditional exclusion from the definition of solid waste
(xix) Comparable fuels or comparable syngas fuels (i e, comparable/syngas fuels) that meet the
requirements of subparagraph (4)(i) of this Rule
2 Wastes Which Are Not Hazardous Wastes
The following wastes are not hazardous wastes
(i) 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 waste shall
not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the
purposes of regulation under Rule Chapter 1200- I-li, if such facility
(1) Receives and burns only
I Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and
II Waste from commercial or industrial sources that does not contain hazardous waste, and
(11) 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
(ii) The following wastes generated within a farm and incidental to the operation of that farm
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(1) Wastes from the growing and harvesting of agricultural crops or from the raising of animals (including
animal manures), which are returned to the soil as fertilizers, and
(El) Waste pesticides, provided the farmer triple-rinses each emptied pesticide container (using a capable
solvent) and disposes of the pesticide residues on his own farm in a manner consistent with the disposal
instructions on the pesticide label
(iii) Mining overburden returned to the mine site
(iv) 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 DO 17 and which is not a
hazardous waste for any other reason if the waste is generated by persons who utilize the
arsenical-treated wood and wood products for these materials’ intended end use
(v) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in
paragraph (4) of this Rule 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
(I) The chromium in the waste is exclusively (95% or greater) trivalent chromium, and
(II) The waste is generated from an industrial process which uses trivalent chromium exclusively (95% or
greater) and the process does not generate hexavalent chromium, and
(111) The waste is typically and frequently managed in non-oxidizing environments
(vi) Specific wastes which meet the standard in subpart (v) of this part (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
(1) 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
(ii) 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 tanlretanlwet finish, retan/wet finish, no
beamhouse, through-the-blue, shearling
(Ill) 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
(IV) Sewer screenings generated by the following subcategories of the leather tanning and finishing
industry Hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish, retan/wet finish, no
beamhouse, through-the-blue, and shearling
(V) 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
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(Vi) 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 tanlretan/wet finish, and
through-the-blue
(Vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other
leather product manufacturing industries
(Viii) Wastewater treatment sludges from the production of TiO(2) pigment using chromium-bearing
ores by the chloride process
(vii) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of
subparagraph (3)(e) of this Rule (Hazardous Waste Codes D018 through D043 only) and are subject to
the corrective action regulations under 40 C F R Part 280 (as those Federal regulations exist on the
effective date of these Rules)
(viii) injected groundwater that is hazardous only because it exhibits the Toxicity Characteristic
(Hazardous Waste Codes D018 through D043 only) in subparagraph (3)(e) of this Rule 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
New operations involving injection wells (beginning after March 25, 1991) will qualify for this
compliance date extension (until January 25, 1993) only if operations are performed pursuant to a written
state agreement issued under the Tennessee Water Quality Control Act (1 C A §-69-3- 10 I et seq ) that
includes a provision to assess the groundwater and the need for further remediation once the free phase
recovery is completed
(ix) 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
(x) Non-terne plated used oil filters that are not mixed with wastes listed in paragraph (4) of this rule 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 which will remove used oil
(xi) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products
3 Hazardous Wastes Which Are Exempted From Certain Regulations
(i)(I) 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
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or an associated non-waste-treatment manufacturing unit, is not subject to regulation under these Rules
except as specified in item (11) of this subpart 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
(11) A hazardous waste as described in item (1) of this subpart shall be subject to the generator
notification requirement of Rule 1200-1-11 03(2), and shall be subject to such requirement irrespective of
how the waste is managed after it exits the units in which it was generated (e g, even if it exits directly
into a domestic sewer system), except as provided otherwise in Rule 1200-1-11- 03(2)(a)2 Such a waste
shall also be subject to the annual reporting requirements of Rule 1200-1-il- 03(5)(b) for the years in
which it is removed from the units in which it was generated
(ii) The following wastes shall not be subject to the requirements of Rules 1200-1-1 1- 03 through
1200-1-1 I - 08, 1200-1-11- 10, and 1200-1-11- 11 except for the hazardous waste determination
requirement of Rule 1200-1-1 1- 03(l)(b) and, if determined to be hazardous, the generator notification
requirement of Rule 1200-1-1 1- 03(2) and the annual reporting requirements of Rule
1200-1-11- 03(5)(b)
(1) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste, generated primarily
from the combustion of coal or other fossil fuels, except as provided by Rule 1200-1-1 1- 09(8)(m) for
facilities that burn or process hazardous waste
(11) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or
production of crude oil, natural gas or geothermal energy,
(Ill) 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 Rule
1200-1-11- 09(8)(m) for facilities that burn or process hazardous waste
I For purposes of this subpart, 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)/Ieaching 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 purpose of this subpart, solid waste from the processing of ores and minerals includes only the
following wastes
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,
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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,
1 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,
0 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
111 A residue derived from co-processing mineral processing secondary materials with normal
beneficiation raw materials remains excluded under this part if the owner or operator
A Processes at least 50 percent by weight normal beneficiation raw materials, and,
B Legitimately reclaims secondary mineral processing materials
(IV) Cement kiln dust waste, except as provided by Rule I 200-I-il- 09(8)(m) for facilities that burn or
process hazardous waste
4 Samples
(i) Except as provided in subpart (ii) of this part, 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 these Rules when
(I) The sample is being transported to a laboratory for the purpose of testing, or
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(ii) The sample is being transported back to the sample collector after testing, or
(ill) 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 the conclusion of a court case or enforcement action where further testing of the sample
may be necessary)
(ii) En order to qualify for the exemption in items (i)(I) and (11) of this part 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
I Assure that the following information accompanies the sample
A The sample collector’s name, mailing address, and telephone number,
B The laboratory’s name, mailing address, and telephone number,
C The quantity of the sample,
D The date of shipment, and
E A description of the sample
II Package the sample so that it does not leak, spill, or vaporize from its packaging
(iii) 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 subpart (I) of this part
5 Treatability Study Samples
(i) Except as provided in subpart (ii) of this part, persons who generate or collect samples for the purpose
of conducting treatability studies as defined in Rule 1200-1-I 1- 0I(2)(a), are not subject to any
requirement of Rule I 200-1-11- 02, 03 and 04, nor are such samples included in the quantity
determinations of paragraph (e) of this Rule and Rule 1200-1-1 I- 03(4)(e)6 when
(I) The sample is being collected and prepared for transportation by the generator or sample collector, or
(11) The sample is being accumulated or stored by the generator or sample collector prior to
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transportation to a laboratory or testing facility, or
(Ill) The sample is being transported to the laboratory or testing facility for the purpose of conducting a
treatability study
(ii) The exemption in subpart (i) of this part 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
(11) 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
(111) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during
shipment and the requirements of subitem 1 or 11 of this part are met
I 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
II If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the
following information must accompany the sample
A The name, mailing address, and telephone number of the originator of the sample,
B The name, address, and telephone number of the facility that will perform the treatability study,
C The quantity of the sample,
D The date of shipment, and
E A description of the sample, including its Hazardous Waste Code
(IV) The sample is shipped to a laboratory or testing facility which is exempt under part 6 of this
subparagraph or has an appropriate 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
I Copies of the shipping documents,
11 A copy of the contract with the facility conducting the treatability study,
Ill Documentation showing
A The amount of waste shipped under this exemption,
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B The name, address, and Installation Identification Number of the laboratory or testing facility that
received the waste,
C The date the shipment was made, and
D Whether or not unused samples and residues were returned to the generator
(VI) The generator reports the information required under subitem (ii)(V)lI1 of this part in its annual
report
(iii) The Commissioner may grant requests on a case-by-case basis for up to an additional two years for
treatability studies involving bioremediation The Commissioner may grant requests on a case-by-case
basis for quantity limits in excess of those specified in items (I) and (II) of this subpart and subpart 6(iv)
of this subparagraph, 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
(1) In response to requests for authorization to ship, store and conduct treatability studies on additional
quantities in advance of commencing treatability studies Factors to be considered in reviewing such
requests include the nature of the technology, the type of process (e g, batch versus continuous), size of
the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of
material required to reach steady state operating conditions, or test design considerations such as mass
balance calculations
(ii) In response to requests for authorization to ship, store and conduct treatability studies on additional
quantities after initiation or completion of initial treatability studies, when There has been an equipment
or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a
previously conducted treatability study, there is a 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
(ill) The additional quantities and timeframes allowed in items (1) and (ii) of this subpart are subject to
all the provisions in subpart (i) and items (Ill) through (VI) of subpart (ii) of this part The generator or
sample collector must apply to the Commissioner and provide in writing the following information
I 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,
ii 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,
[ 11 A description of the technical modifications or change in specifications which will be evaluated and
the expected results,
IV 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
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V Such other information that the Commissioner considers necessary
6 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 the requirements under this Rule Chapter
) are not subject to any requirement of this Rule Chapter provided that the conditions of subparts (i)
through (xi) of this part are met A mobile treatment unit (MTU) may qualify as a testing facility subject
to subparts (i) through (xi) of this part Where a group of MTUs are located at the same site, the
limitations specified in subparts (i) through (xi) of this part apply to the entire group of MTUs collectively
as if the group were one MTU
(i) No less than 45 days before conducting treatability studies, the facility notifies the Commissioner, in
writing that it intends to conduct treatability studies under this paragraph
(ii) The laboratory or testing facility conducting the treatability study has an Installation Identification
Number
(iii) 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
(iv) 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
(v) 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
(vi) The treatability study does not involve the placement of hazardous waste on the land or open burning
of hazardous waste
(vii) 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
(1) The name, address, and installation Identification Number of the generator or sample collector of each
waste sample,
(11) The date the shipment was received,
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(III) The quantity of waste accepted,
(LV) 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
installation Identification Number
(viii) 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
(ix) The facility prepares and submits a report to the Commissioner 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 installation Identification Number of the facility conducting the treatability
studies,
(ii) The types (by process) of treatability studies conducted,
(111) The names and addresses of persons for whom studies have been conducted (including their
Installation identification Numbers),
(1V) 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
(x) The facility determines whether any unused sample or residues generated by the treatability study are
hazardous waste under subparagraph (i)(c) of this Rule and, if so, are subject to Rule Chapter 1200-I- I I,
unless the residues and unused samples are returned to the sample originator under exemption under part
5 of this subparagraph
(xi) The facility notifies the Commissioner by letter when the facility is no longer planning to conduct any
treatability studies at the site
(e) Special Requirements For Hazardous Waste Generated By Conditionally Exempt Small Quantity
Generators [ 40 C F R 261 5]
I 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
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2 Except for those wastes identified in parts 5, 6, 7, and 10 of this subparagraph, a conditionally exempt
small quantity generator’s hazardous wastes are not subject to regulation under Rules 1200-1-I I - 03
through 10, provided the generator complies with the requirements of parts 6, 7 and 10 of this
subparagraph
3 When making the quantity determinations of this Rule and Rule 1200-1-11- 03, the generator must
include all hazardous waste that it generates, except hazardous waste that
(I) Is exempt from regulation under parts (d)3 through 6, subparts (f) I (iii), subpart (g) 1(1), or
subparagraph (h) of this paragraph, or
(ii) is managed immediately upon generation only in on-site elementary neutralization units, wastewater
treatment units, or totally enclosed treatment facilities as defined in Rule 1200-1-1 I- 01(2)(a), or
(iii) is recycled, without prior storage or accumulation, only in an on-site process subject to regulation
under subpart (f)3(ii) of this paragraph, or
(iv) Is used oil managed under the requirements of subpart (f)1(iv) of this paragraph and Rule
1200-1-11— 11,or
(v) Is spent lead-acid batteries managed under the requirements of Rule 1200-I - I I - 09(7), or
(vi) Is universal waste managed under Rule 1200-1-11- 02(l)(g) and Rule 1200-1-11- 12
4 In determining the quantity of hazardous waste generated, a generator need not include
(i) Hazardous waste when it is removed from on-site storage, or
(ii) 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
(iii) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent
materials have been counted once
5 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 Rule Chapter
1200-1-11
(i) A total of one kilogram of acute hazardous wastes listed in subparagraph (4)(b), subparagraph (4)(c),
or part (4)(d)5 of this Rule
(ii) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the
cleanup of a spill, into or on any land or water, of any acute hazardous wastes listed in subparagraph
(4)(b), subparagraph (4)(c), or part (4)(d)5 of this Rule
(Comment “Full regulation” means those regulations applicable to generators of greater than 1000 kg of
non-acutely hazardous waste in a calendar month)
6 in order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities
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equal to or less than those set forth in subparts (5)(i) or (ii) of this subparagraph to be excluded under this
subparagraph from full regulation, the generator must comply with the following requirements
(i) The generator must perform the hazardous waste determination of Rule 1200- I-Il- 03(1 )(b) and keep
records thereof as required by Rule 1200-I-I 1- 03(5)(a)3,
(ii) 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 subparts 5(i) or 5(u) of this subparagraph,
all of those accumulated wastes are subject to regulation under Rules Chapter 1200-1-1 1 The time
period of Rule 1200-1-1 1- 03(4)(e)5, for accumulation of wastes on-site, begins when the accumulated
wastes exceed the applicable exclusion limit
(iii) 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
(1) Permitted under Rule 1200-1-11- 07,
(II) In interim status under Rule 1200-I-Il- 05 and 1200-1-1 1- 07,
(ill) Authorized to manage hazardous waste by a State with a hazardous waste management program
approved under 40 C F R Part 271,
(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 40 C F R. Part 258,
(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 40 C F R Parts 257 5 through 257 30, or
(VI) A facility which
I Beneficially uses or reuses, or legitimately recycles or reclaims its waste, or
II Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation, or
(VII) For universal waste managed under Rule 1200-1-11- 12, a universal waste handler or destination
facility subject to the requirements of Rule 1200-1-1 1- 12
7 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 subparagraph, the generator must comply with the following requirements
(i) The conditionally exempt small quantity generator must perform the hazardous waste determination of
Rule 1200-1-11- 03(l)(b) and keep records thereof as required by Rule 1200-I-Il- 03(5)(a)3
(ii) 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 Rule 1200-1-11- 03
applicable to generators of between 100 kg and 1000 kg of hazardous waste in a calendar month as well
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as the requirements of Rule 1200-1-11-04 through 1200-i-li- 10 The time period of Rule
1200-1-11- 03(4)(e)6 for accumulation of wastes on-site begins for a conditionally exempt small quantity
generator when the accumulated wastes exceed 1000 kilograms,
(iii) 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 Rule 1200-1-11- 07,
(11) in interim status under Rules 1200-1-1 1- 05 and 1200-1-11- 07,
(Ill) Authorized to manage hazardous waste by a State with a hazardous waste management program
approved under 40 CF R Part 271,
(IV) Permitted, licensed, or registered by a State to manage municipal solid waste landfill, is subject to 40
CFR Part258,
(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 40 C F R Parts 257 5 through 257 30, or
(VI) A facility which
I Beneficially uses or reuses or legitimately recycles or reclaims its waste, or
Ii Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation, or
(Vii) For universal waste managed under Rule 1200-1-11- 12, a universal waste handlei or destination
facility subject to the requirements of Rule 1200-I-li- 12
8 Hazardous waste subject to the reduced requirements of this subparagraph 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 subparagraph, unless the mixture meets any of the
characteristics of hazardous waste identified in paragraph (3) of this Rule
9 if any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this
subparagraph, the mixture is subject to full regulation
10 If a conditionally exempt small quantity generator’s wastes are mixed with used oil, the mixture is
subject to Rule 1200-1-li- II 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
(t) Requirements for recyclable material [ 40 C F R 261 6]
1 (i) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and
storage facilities of parts 2 and 3 of this subparagraph, except for the materials listed in subparts (ii) and
(iii) of this part Hazardous wastes that are recycled will be known as “recyclable materials”
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(ii) The following recyclable materials are not subject to the requirements of this subparagraph but are
regulated under paragraphs (3), (6), (7) and (8) of Rule 1200-1 - I 1- 09 and all applicable provisions ifl
Rule 1200-1-1 1-07
(1) Recyclable materials used in a manner constituting disposal (Rule 1200-1-11- 09(3),
(II) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated
under paragraph (1 5) of Rule 1200-I - II - 05 or Rule 1200-1-11- 06, (Rule 1200-1-1 I - 09(8)),
(Eli) Recyclable materials from which precious metals are reclaimed (Rule 1200-1-1 1 - 09(6)),
(IV) Spent lead-acid batteries that are being reclaimed (Rule 1200-1-1 1- 09(7)
(iii) The following recyclable materials are not subject to regulation under Rule Chapter 1200-1 - I I
(1) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international
agreement as specified in Rule 1200-I-Il- 03(6)(i)
I 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 Rule
1200-I-I I- 03(6)(d), (g)l(i) - (iv) and (vi), (g)2, and (h), export such materials only upon consent of the
receiving country and in conformance with the EPA Acknowledgment of Consent as defined in Rule
1200-1-11-03(6), and provide a copy of the EPA Acknowledgment of Consent to the shipment to the
transporter transporting the shipment for export,
Ii 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 subpart (d)1(xv) of this paragraph,
(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 Rule
1200-1-Il- 02(i)(d)l(xii)),
(IV)! 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 Rule
1200-1-1 I - 11 (2)(b) and so long as no other hazardous wastes are used to produce the hazardous waste
fuel,
II 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
Rule 1200-1-11- 1 1(2)(b), and
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ill 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 Rule 1200-1-1 1- 1 1(2)(b),
and
(V) Petroleum coke produced from petroleum refinery hazardous wastes containing oil by the same
person who generated the waste, unless the resulting coke product exceeds one or more of the
characteristics of hazardous waste in paragraph (3) of this Rule
(iv) 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 Rule 1200-1-11- 01 through 06, 09, and 10,
but is regulated under Rule 1200-1-1 1- 11 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
(v) (Reserved) [ 40 C F R 261 6(a)(5)]
2 Generators and transporters of recyclable materials are subject to the applicable requirements of Rule
1200-1-11- 03 and 04, except as provided in part I of this subparagraph
3 (i) Owners and operators of facilities that store recyclable materials before they are recycled are
regulated under all applicable provisions of paragraphs (I) through (12), (27), (28) and (29) of Rule
1200-1-11-05 and paragraphs (1) through (12), (30), (31) and (32) of Rule 1200-1-11-06, and under
Rules 1200-1-11- 07, 09, and 10, and the notification requirements under Rule 1200-1-1 1- 07(2)(b) and
(d), except as provided in part I of this subparagraph (The recycling process itself is exempt from
regulation except as provided in Rule 1200-1-Il- 02(1)(f)4)
(ii) Owners or operators of facilities that recycle recyclable materials without storing them before they are
recycled are subject to the following requirements, except as provided in part 1 of this subparagraph
(I) Such owners or operators must notify the Division Director of their activities using forms provided by
the Department and completed per accompanying instructions,
(11) Such owners or operators must comply with Rule 1200- I - I I - 05(5)(b) and (c) (dealing with the use
of the manifest and manifest discrepancies),
(111) Rule 1200-I-I I- 02(1)(f)4
4 Owners or operators of facilities subject to the permitting requirements with hazardous waste
management units that recycle hazardous wastes are subject to the requirements of paragraphs (27) and
(28) of Rule 1200-1-11-05 and paragraphs (30) and (31) of Rule 1200-1-11-06
5 Generators of recyclable materials must notify the Department describing the recyclable materials they
generate, how such materials are generated, and how they are managed Such notifications must be filed
with the Department within 90 days of the effective date of this part (for existing generators) or within 90
days of the date a generator first becomes subject to this subparagraph (for new generators) Such
notification must be submitted on forms provided by the Department The form must be completed
according to the accompanying instructions
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(g) Residues of hazardous waste in empty containers [ 40 C F R 261 7]
1 (i) Any hazardous waste remaining in either (I) an empty container or (2) an inner liner removed from
an empty container, as defined in part 2 of this subparagraph, is not subject to regulation under these
Rules
(ii) Any hazardous waste in either (1) a container that is not empty or (2) an inner liner removed from a
container that is not empty, as defined in part 2 of this subparagraph, is subject to regulation under these
Rules
2 (i) 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 subparagraph
(4)(b), subparagraph (4)(c), or part (4)(d)5 of this Rule is empty if
(1) 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
(11) No more than 2 5 centimeters (one inch) of residue remain on the bottom of the container or inner
liner, or
(l1])l 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
Ii No more than 0 3 percent by weight of the total capacity of the container remains in the container oi
inner liner if the container is greater than 110 gallons in size
(ii) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in
the container approaches atmospheric
(iii) A container or an inner liner removed from a container that has held an acute hazardous waste listed
in subparagraph (4)(b), subparagraph (4)(c), or part (4)(d)5 of this subparagraph is empty if
(1) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial
chemical product or manufacturing chemical intermediate,
(11) 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
(111) 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
(h) PCB wastes regulated under Toxic Substance Control Act [ 40 C F R 261 8]
The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized
for use and regulated under part 761 and that are hazardous only because they fail the test for the
Toxicity Characteristic (Hazardous Waste Codes DO 18 through DO43 only) are exempt from regulation
under Rule 1200-1-11-02 through 08 and 10
(i) Management of Excluded Wastes
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Nothing in these Rules shall exclude persons whose waste is nonhazardous or otherwise excluded from
these Rules from the requirements of the “Tennessee Solid Waste Disposal Act” (T C A §68-2 11- 10 I et
seq ) and pursuant regulations or from other applicable State, local or Federal laws
(j) Requirements for Universal Waste [ 40 C F R 261 9]
The wastes listed in this Rule 1200-1-11- 12(1 )(a) are exempt from regulation under Rules 1200- I - II - 03
through 07, 09 and 10 except as specified in Rule 1200-I-il- 12 and, therefore, are not fully regulated
as hazardous waste
(2) Criteria for identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste [ 40
C F R 261 Subpart B]
(a) Criteria for Identifying the Characteristics of Hazardous Waste [ 40 C F R 26 1 101
I The Board shall identify and define a characteristic of hazardous waste in paragraph (3) only upon
determining that
(i) A solid waste that exhibits the characteristic may
(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness, or
(11) 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
(ii) The characteristic can be
(1) 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) Criteria for Listing Hazardous Waste [ 40 C F R 261 II]
I The Board 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 paragraph (3)
(ii) 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)
(iii) It contains any of the toxic constituents listed in paragraph (5) Appendix Viii and, after considering
the following factors, the Commissioner concludes that the waste is capable of posing a substantial
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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 froiii
the waste into the environment under the types of improper management considered item (Vii) below,
(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, and
(Xl) Such other factors as may be appropriate
(Note 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)
(Note Wastes listed in accordance with these criteria will be designated Toxic wastes)
2 The Board may list classes or types of solid waste as hazardous waste if it 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 68-212-104 of the Act
3 The Board will use the criteria for listing specified in this subparagraph to establish the exclusion limits
referred to in part (l)(e)5 of this Rule
(3) Characteristics of Hazardous Waste [ 40 C F R 261 Subpart C]
(a) General [ 40 C F R 261 20]
I A solid waste, as defined in subparagraph (l)(b) of this Rule, which is not excluded from regulation as
a hazardous waste under part (I)(d)2 of this Rule, is a hazardous waste if it exhibits any of the
characteristics identified in this paragraph
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(Comment Rule 1200-1-li- 03(l)(b) sets forth the generator’s responsibility to determine whether his
waste exhibits one or more of the characteristics identified in this paragraph)
2 A hazardous waste which is identified by a characteristic in this paragraph is assigned every Hazardous
Waste Code that is applicable as set forth in this paragraph This code must be used in complying with the
notification requirements of Rule 1200-I-I 1-03(2) and all applicable recordkeeping and reporting
requirements under Rules 1200-1-11-03 through 07 and Rule 1200-1-11- 10
3 For purposes of this paragraph, the Commissioner will consider a sample obtained using any of the
applicable sampling methods specified in paragraph (5) Appendix I to be a representative sample within
the meaning of Rule 1200-i-lI- 01
(Comment Since the appendix I sampling methods are not being formally adopted by the Board, 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 Rule 1200-1-1 1-01(3))
(b) Characteristic of Ignitability [ 40 C F R 261 21]
1 A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of
the following properties
(i) 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 (see Rule 1200-1-11- 01(2)(b)), or a Setaflash
Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (see Rule
1200-1-1 1- 01(2)(b)), or as determined by an equivalent test method approved by the Commissioner
under procedures set forth in Rule 1200-1-I 1- 0 1(3)
(ii) 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
(iii) It is an ignitable compressed gas as defined in 49 C F R 1 73 300 (as that Federal regulation exists on
the effective date of these Rules) and as determined by the test methods described in that regulation or
equivalent test methods approved by the Commissioner under Rule 1200-1-11- 01(3)
(iv) it is an oxidizer as defined in 40 C F R 173 15 I (as that Federal regulation exists on the effective
date of these Rules)
2 A solid waste that exhibits the characteristic of ignitability has the Hazardous Waste Code ofDOOl
(c) Characteristic of Corrosivity [ 40 C F R 261 22]
I A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either
of the following properties
(I) 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, listed in Rule 1200-1-11- 01(2)(b)
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(ii) 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, listed in Rule
1200-1-11- 0l(2)(b)
2 A solid waste that exhibits the characteristic of corrosivity has the Hazardous Waste Code of D002
(d) Characteristic of Reactivity [ 40 C FR 261 23]
I A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of
the following properties
(i) It is normally unstable and readily undergoes violent change without detonating
(ii) it reacts violently with water
(iii) It forms potentially explosive mixtures with water
(iv) 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
(v) 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
(vi) it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if
heated under confinement
(vii) It is readily capable of detonation or explosive decomposition or reaction at standard temperature
and pressure
(viii) it is a forbidden explosive as defined in 49 C F R 173 5 I , or a Class A explosive as defined in 4
C F R 173 53 or a Class B explosive as defined in 49 C F R 173 88 (as those Federal regulations exist
on the effective date of these Rules)
2 A solid waste that exhibits the characteristic of reactivity has the Hazardous Waste Code of D003
(e) Toxicity Characteristic [ 40 C F R 261 24]
I A solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching
Procedure, test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
EPA Publication SW-846, listed in Rule 1200-1-11- 01 (2)(b), 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 13 11, is considered to be the
extract for the purpose of this subparagraph
2 A solid waste that exhibits the characteristic of toxicity has the Hazardous Waste Code specified in
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Table I which corresponds to the toxic contaminant causing it to be hazardous
Table I Maximum Concentration of Contaminants for the Toxicity Characteristic
I I I Regulatory
HW Code I I I Level
No.(l ) I Contaminant I CAS No.(2} I (mg/L)
I I I
D004 I Arsenic I 7440—38—2 I 5.0
D005 I Barium 7440—39—3 I 100.0
D018 I Benzene I 71—43—2 I 0.5
D006 I Cadmium I 7440—43—9 I 1.0
D019 I Carbon tetrachioride I 56—23—5 I 0.5
D020 I Chlordane I 57—74—9 I 0.03
D021 I Chlorobenzene I 108—90—7 I 100.0
D022 I Chloroform I 67—66—3 I 6.0
D007 I Chromium I 7440—47—3 I 5.0
D023 I o—Cresol I 95—48—7 I 200.0(4)
D024 I m—Cresol 108—39—4 I 200.0(4}
D025 I p—Cresol I 106—44—5 I 200.0(4)
D026 Cresol I I 200.0(4)
D016 2,4—D I 94—75—7 I 10.0
D027 I l,4—Dichlorobenzene I 106—46—7 I 7.5
D028 I 1,2—Dichloroethane I 107—06—2 I 0.5
D029 I 1,1—Dichloroethylene I 75—35—4 I 0.7
D030 I 2,4—Dinitrotoluene I 121—14—2 I 0.13(3)
D012 I Endrin I 72—20—8 I 0.02
D031 Heptachior (and I 76—44—8 I 0.008
I its epoxide) I I
D032 I Hexachlorobenzene I 118—74—1 I 0.13(3}
D033 I Hexachiorobutadiene I 87—68—3 I 0.5
D034 Hexachioroethane I 67—72—1 I 3.0
D008 I Lead I 7439—92—1 I 5.0
D013 I Lindane I 58—89—9 0.4
D009 I Mercury I 7439—97—6 I 0.2
D014 I Methoxychior I 72—43—5 I 10.0
D035 I Methyl ethyl ketorie I 78—93—3 I 200.0
D036 Nitrobenzerte I 98—95—3 I 2 0
D037 I Pentachiorophenol I 87—86—5 I 100.0
D038 I Pyridine I 110—86—1 I 5.0(3)
DOlO I Selenium I 7782—49—2 I 1.0
DOll I Silver I 7440—22—4 5.0
D039 I Tetrachioroethylene I 127-18—4 I 0.7
D015 I Toxaphene I 8001—35-2 I 0.5
D040 I Trichioroethylene 79-01-6 I 0.5
D041 I 2,4,5—Trichioro— 95—95—4 400.0
phenol I I
D042 I 2,4,6—Trichloro— I 88—06—2 I 2 0
I phenol I I
D017 I 2,4,5—TP (Silvex) I 93—72—1 I 1.0
D043 I Vinyl chloride I 75—01—4 I 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
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{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/I
(4) Lists of Hazardous Wastes [ 40 C F R 261 Subpart D]
(a) General [ 40 C F R 261 30]
1 A solid waste is a hazardous waste if it is listed in this paragraph, unless it has been excluded from this
list under Rule 1200-1-11- 01(3)
2 The Board will indicate its basis for listing the classes or types of wastes listed in this paragraph by
employing one or more of the following Hazard Codes
Ignitable Waste I (I)
Corrosive Waste I (C)
Reactive Waste I CR)
Toxicity Characteristic Waste I CE)
Acute Hazardous Waste I (H)
Toxic Waste I CT)
Paragraph (5) Appendix VII identifies the constituent which caused the Board to list the waste as a
Toxicity Characteristic Waste (E) or Toxic Waste (T) in subparagraphs (b) and (c) of this paragraph
3 Each hazardous waste listed in this paragraph is assigned a Hazardous Waste Code which precedes the
name of the waste This Code must be used in complying with the notification requirements of Rule
1200-1-I 1- 03(2) and certain recordkeeping and reporting requirements under Rules 1200-1-1 1- 03
through 07 and Rules 1200-1-11- 10
4 The following hazardous wastes listed in subparagraph (b) or (c) of this paragraph are subject to the
exclusion limits for acutely hazardous wastes established in subparagraph (1)(e) of this Rule Hazardous
Wastes Codes F020, F02 1, F022, F023, F026, and F027
(b) Hazardous Wastes from Non-specific Sources [ 40 C F R 261 3 I]
I The following solid wastes are listed hazardous wastes from non-specific sources unless they are
excluded under subparagraphs (a) and (c) of Rule 1200-I-I I - 01(3) and listed in paragraph (5) Appendix
IX
Industry and I I
Hazardous I Hazard
Waste Code I Hazardous waste I Code
Generic: I I
FOOl I The following spent halogenated solvents I CT)
used in degreasing: tetrachioroethylene, I
I trichioroethylene, methylene chloride, I
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I l,1,1-trichloroethane, carbon tetrachloride, I
and chlorinated fluorocarbons; all spent I
I solvent mixtures/blends used in degreasing I
I containing, before use, a total of ten percent I
I or more (by volume) of one or more of the above I
I halogenated solvents or those solvents listed I
I in F002, F004, and F005; and still bottoms from I
I the recovery of these spent solvents and spent I
I solvent mixtures. I
F002 I The following spent halogenated solvents: I (T)
I tetrachioroethylene, methylene chloride, I
I trichloroethylerie, l,1,1—trichloroethane, I
I chlorobenzene,
I l,l,2—trichloro-l,2,2—trifluoroethane, I
I ortho—dichlorobenzene, I
I trichiorofluoromethane, and l,1,2-trichloro- I
I ethane; all spent solvent mixtures/blends I
I containing, before use, a total of ten percent I
I or more (by volume) of one or more of the above I
I halogenated solvents or those listed in FOOl, I
I F004, or F005; and still bottoms from the I
I recovery of these spent solvents and spent I
I solvent mixtures. I
F003 I The following spent non-halogenated I (I)
I solvents: xylene, acetone, ethyl acetate, I
I ethyl benzene, ethyl ether, methyl isobutyl I
I ketone, n—butyl alcohol, cyclohexanone, and I
I methanol; all spent solvent mixtures/blends I
I containing, before use, only the above spent I
I non-halogenated solvents; and all spent solvent I
I mixtures/blends containing, before use, one or I
I more of the above riori—halogenated solvents, and I
I a total of ten percent or more (by volume) of I
I one or more of those solvents listed in FOOl, I
I F002, F004, and F005; and still bottoms from I
I the recovery of these spent solvents and spent I
I solvent mixtures. I
F004 I The following spent non—halogenated I (T)
I solvents: cresols and cresylic acid, and I
I nitrobenzene; all spent solvent mixtures/blends I
I containing, before use, a total of ten percent I
I or more (by volume) of one or more of the I
I above rion-halogenated solvents or those
I solvents listed in FOOl, F002, and F005; and I
I still bottoms from the recovery of those spent I
I solvents and spent solvent mixtures.
F005 I The following spent non-halogenated (I,T)
I solvents. Toluene, methyl ethyl ketone, I
carbon disulfide, isobutanol, pyridine, I
I benzene, 2-ethoxyethariol, and 2-nitropropane; I
I all spent solvent mixtures/blends containing, I
I before use, a total of ten percent or more (by I
I volume) of one or more of the above non- I
I halogenated solvents or those solvents listed I
I in FOOl, F002, or F004; and still bottoms from I
I the recovery of these spent solvents and spent I
I solvent mixtures. I
F006 I Wastewater treatment sludges from I (T)
I electroplating operations except from the I
I following processes: (1) Sulfuric acid I
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I anodizing of aluminum; (2) tin plating on I
I carbon steel; (3) zinc plating (segregated I
I basis) on carbon steel; (4) aluminum or I
I zinc-aluminum plating on carbon steel; (5) I
I cleaning/stripping associated with tin, zinc I
I and aluminum plating on carbon steel; and (6) I
I chemical etching and milling of aluminum. I
F007 I Spent cyanide plating bath solutions I (R,T)
I from electroplating operations. I
F008 I Plating bath residues from the bottom I (R,T)
I of plating baths from electroplating I
I operations where cyanides are used in the
I process.
F009 I Spent stripping and cleaning bath I (R,T)
I solutions from electroplating operations I
I where cyanides are used in the process. I
FOlO I Quenching bath residues from oil baths I (R,T)
I from metal heat treating operations where I
I cyanides are used in the process. I
FOll I Spent cyanide solutions from salt bath I (R,T)
I pot cleaning from metal heat treating I
I operations. I
F0 12 I Quenching waste water treatment sludges I (T)
I from metal heat treating operations where
I cyanides are used in the process. I
F0l9 I Wastewater treatment sludges from the I (T)
I chemical conversion coating of aluminum I
I except from zirconium phosphating in I
I aluminum can washing when such phosphating I
I is an exclusive conversion coating process. I
F020 I Wastes (except wastewater and spent carbon I (H)
I from hydrogen chloride purification) from the I
I production or manufacturing use (as a I
I reactant, chemical intermediate, or component I
I in a formulating process) of tn- or I
I tetrachlorophenol, or of intermediates used I
I to produce their pesticide derivatives. (This I
I listing does not include wastes from the I
I production of Hexachlorophene from highly
I purified 2,4,5—trichlorophenol.) I
F02l I Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification) I
I from the production or manufacturing use (as I
I a reactant, chemical intermediate, or I
I component in a formulating process) of
I pentachlorophenol, or of intermediates used I
I to produce its derivatives. I
F022 I Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification) I
I from the manufacturing use (as a reactant, I
I chemical intermediate, or component in a I
I formulating process) of tetra—, penta-, or I
I hexachlorobenzenes under alkaline I
I conditions. I
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F023 Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification)
I from the production of materials on equipment I
I previously used for the production or I
I manufacturing use (as a reactant, chemical I
I intermediate, or component in a formulating I
I process) of tn- and tetrachiorophenols. I
I (This listing does not include wastes from I
I equipment used only for the production or use I
I of Hexachlorophene from highly purified I
I 2,4,5—trichiorophenol.) I
F024 I Process wastes, including but not limited I (T)
I to, distillation residues, heavy ends, I
I tars, and reactor clean-out wastes, from I
I the production of certain chlorinated
I aliphatic hydrocarbons by free radical I
I catalyzed processes. These chlorinated
I aliphatic hydrocarbons are those having I
I carbon chain lengths ranging from one to I
I and including five, with varying amounts and I
I positions of chlorine substitution. (This
I listing does not include wastewaters, waste- I
I water treatment sludges, spent catalysts, I
I and wastes listed in subparagraph (b) or I
I (c) of this paragraph.).
F025 I Condensed light ends, spent filters and I CT)
I filter aids, and spent desiccant wastes from I
I the production of certain chlorinated I
I aliphatic hydrocarbons, by free radical I
I catalyzed processes. These chlorinated I
I aliphatic hydrocarbons are those having
I carbon chain lengths ranging from one I
I to and including five, with varying I
I amounts and positions of chlorine I
I substitution. I
F026 Wastes (except wastewater and spent I (H)
I carbon from hydrogen chloride purification)
I from the production of materials on equipment I
I previously used for the manufacturing use (as I
I a reactant, chemical intermediate, or
I component in a formulating process) of I
I tetra—, penta—, or hexachlorobenzene under
I alkaline conditions.
F027 I Discarded unused formulations containing I (H)
I tn-, tetra-, or pentachiorophenol I
I discarded unused formulations containing I
I compounds derived from these chlorophenols. I
I (This listing does not include formulations I
I containing Hexachlorophene synthesized from I
I prepurified 2,4,5-trichiorophenol as the I
I sole component.) I
F028 I Residues resulting from the incineration I (T)
I or thermal treatment of soil contaminated
I with Hazardous Waste Codes F020, F021, F022, I
I F023, F026, and F027. I
F032 J Wastewaters (except those that have not I (T)
I come into contact with process contaminants), I
I process residuals, preservative drippage,
I and spent formulations from wood preserving
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I processes generated at plants that currently I
I use or have previously used chlorophenolic
I formulations (except potentially I
I cross-contaminated wastes that have had the I
I F032 waste code deleted in accordance with
I subparagraph (f) of this paragraph or I
I potentially cross-contaminated wastes that are I
I otherwise currently regulated as hazardous I
I wastes (i.e., F034 or F035), and where the I
I generator does not resume or initiate use of I
I chlorophenolic formulations) . This listing I
I does not include 1 <001 bottom sediment sludge I
I from the treatment of wastewater from wood I
I preserving processes that use creosote and/or I
I pentachlorophenol.
F034 I Wastewaters (except those that have not I CT)
I come into contact with process
I contaminants), process residuals,
I preservative drippage, and spent formulations I
I from wood preserving processes generated at I
I plants that use creosote formulations. This I
I listing does not include 1<001 bottom I
I sediment sludge from the treatment of I
I wastewater from wood preserving processes I
I that use creosote and/or pentachlorophenol I
F035 I Wastewaters (except those that have not I CT)
I come into contact with process
I contaminants), process residuals, I
I preservative drippage, and spent I
I formulations from wood preserving I
I processes generated at plants that use I
I inorganic preservatives containing arsenic I
I or chromium. This listing does not include I
I 1<001 bottom sediment sludge from the I
I treatment of wastewater from wood preserving I
I processes that use creosote and/or I
I pentachlorophenol. I
F037 I Petroleum refinery primary oil/water/ I CT)
I solids separation sludge -- Any sludge I
I generated from the gravitational separation of I
I oil/water/solids during the storage or I
I treatment of process wastewaters and oily
I cooling wastewaters from petroleum refineries. I
I Such sludges include, but are not limited to, I
I those generated in: oil/water/solids I
separators; tanks and impoundments; ditches and I
I other conveyances; sumps; and stormwater units I
I receiving dry weather flow. Sludge generated I
I in stormwater units that do not receive dry I
I weather flow, sludges generated from non- I
I contact once-through cooling waters segregated I
I for treatment from other process or oily I
I cooling waters, sludges generated in I
I aggressive biological treatment units as I
I defined in subpart 2(u) of this subparagraph I
I (including sludges generated in one or more
I additional units after wastewaters have been I
I treated in aggressive biological treatment I
I units) and 1<051 wastes are not included in this I
I listing. I
F038 I Petroleum refinery secondary (emulsified) I IT)
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I oil/water/solids separation sludge - - Any I
I sludge and/or float generated from the physical I
I and/or chemical separation of oil/water/solids I
I in process wastewaters and oily cooling I
I wastewaters from petroleum refineries. Such I
I wastes include, but are not limited to, all I
I sludges and floats generated in: induced air I
I flotation ( IAF) units, tanks and impoundments, I
I and all sludges generated in DAF units. I
I Sludges generated in stormwater units that do I
I not receive dry weather flow, sludges generated I
I from non—contact once-through cooling waters I
I segregated for treatment from other process or I
I oily cooling waters, sludges and floats
I generated in aggressive biological treatment I
I units as defined in subparagraph 2(u) of this I
I paragraph (including sludges and floats
I generated in one or more additional units after I
I wastewaters have been treated in aggressive I
I biological treatment units) and F037, K048, and I
I 1 <051 wastes are not included in this listing. I
F039 I Leachate (liquids that have percolated I IT)
I through land disposed wastes) resulting from I
I the disposal of more than one restricted I
I waste classified as hazardous under this I
I paragraph. (Leachate resulting from the I
I disposal of one or more of the following I
I Hazardous Wastes and no other Hazardous I
I Wastes retains its Hazardous Waste Code(s) : I
I F020, F02]., F022, F026, F027, and/or F028) . I
2 Listing Specific Definitions
(I) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or
solids
(ii)(1) 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 (I) the units
employs a minimum of 6 hp per million gallons of treatment volume, and either (Ii) the hydraulic
retention time of the unit is no longer than 5 days, or (Ill) 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 (I) the unit is an aggressive biological treatment unit as defined in this part, and
(ii) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually treated in
the aggressive biological treatment unit
(iii)(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
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movement
(11) For the purposes of the F038 listing,
I 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
Ii Floats are considered to be generated at the moment they are formed in the top of the unit
(c) Hazardous Wastes from Specific Sources [ 40 C F R 261 32]
The following solid wastes are listed hazardous wastes from specific sources unless they are excluded
under subparagraphs (a) and (c) of Rules 1200-1-1 1- 01(3) and listed in paragraph (5) Appendix IX
Industry I I
and I I
Hazardous I I Hazard
Waste Code I Hazardous Waste I Code
Wood I
preservation: I
KOOl I Bottom sediment sludge from I CT)
I the treatment of wastewaters from wood I
I preserving processes that use creosote I
I and/or pentachlorophenol. I
Inorganic I I
pigments: I I
K002 I Wastewater treatment sludge from the I CT)
I production of chrome yellow and orange I
I pigments I
1 (003 I Wastewater treatment sludge from the I CT)
I production of molybdate orange pigments I
K004 Wastewater treatment sludge from the I CT)
I production of zinc yellow pigments I
K005 I Wastewater treatment sludge from the I CT)
I production of chrome green pigments I
1 (006 I Wastewater treatment sludge from the I CT)
I production of chrome oxide green I
I pigments Canhydrous and hydrated) I
K007 I Wastewater treatment sludge from the I CT)
I production of iron blue pigments
1 (008 I Oven residue from the production of I CT)
I chrome oxide green pigments I
Organic I
chemicals: I I
1 (009 I Distillation bottoms from the production I CT)
I of acetaldehyde from ethylene I
1 (010 I Distillation side cuts from the I CT)
I production of acetaldehyde from ethylene
1 (011 I Bottom stream from the wastewater stripper I (R,T)
I in the production of acrylonitrile I
1 (013 I Bottom stream from the acetonitrile column I CR,T)
I in the production of acrylonitrile I
1 (014 I Bottoms from the acetonitrile purification I CT)
I column in the production of acrylonitrile I
1 (015 I Still bottoms from the distillation of I CT)
I benzyl chloride
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1 <016 I Heavy ends or distillation residues from I (T)
I the production of carbon tetrachloride I
1 <017 I Heavy ends (still bottoms) from the I CT)
I purification column in the production I
I of epichlorohydrin I
1 <018 I Heavy ends from the fractionation column I CT)
I in ethyl chloride production
1 <019 I Heavy ends from the distillation of I (T)
I ethylene dichloride in ethylene dichioride
I production
1 <020 I Heavy ends from the distillation of vinyl I CT)
I chloride in vinyl chloride monomer
I production I
1 <021 I Aqueous spent antimony catalyst waste from I CT)
I fluoromethanes production I
1 <022 I Distillation bottom tars from the I (T)
I production of phenol/acetone from cumene I
1 <023 I Distillation light ends from the production I CT)
I of phthalic anhydride from naphthalene
1 <024 I Distillation bottoms from the production of I CT)
I phthalic anhydride from naphthalene I
1 <025 I Distillation bottoms from the production of I CT)
I nitrobenzene by the nitration of benzene.
1 <026 I Stripping still tails form the production of I CT)
I methyl ethyl pyridines.
1 <027 I Centrifuge and distillation residues from I CR,T)
I toluene diisocyanate production.
1 <028 I Spend catalyst from the hydrochlorinator I CT)
I reactor in the production of l,l,l-trichloro-- I
I ethane. I
1 <029 I Waste from the product steam stripper in the I CT)
I production of l,l,l—trichloroethane. I
1 <030 I Column bottoms or heavy ends from the I CT)
I combined production of trichloroethylene and I
I perchloroethylene.
1 <083 I Distillation bottoms from aniline production. I CT)
1 <085 I Distillation or fractionation column bottoms I CT)
I from the production of chlorobenzenes. I
1 <093 I Distillation light ends from the production I CT)
I phthalic anhydride from ortho-xylene I
1 <094 I Distillation bottoms from the production of I CT)
I phthalic anhydride from ortho-xylene
1 <095 I Distillation bottoms from the production of I CT)
I l,l,l—trichloroethane I
1 <096 I Heavy ends from the heavy ends column from I CT)
I the production of l,l,1-trichloroethane
1 <103 I Process residues from aniline extraction I CT)
I from the production of aniline I
1 <104 I Combined wastewater streams generated from I CT)
I nitrobenzene/aniline production I
1 <105 I Separated aqueous stream from the reactor I CT)
I product washing step in the production of I
I chlorobenzenes I
1 <107 I Column bottoms from product separation from I CC,T)
I the production of 1,l-dimethyl-hydrazine
I CUDMH) from carboxylic acid hydrazines. I
1 <108 I Condensed column overheads from product I CI. -T)
I separation and condensed reactor vent
I gases from the production of 1,1 I
I -dimethylhydrazine CUDMH) from carboxylic I
I acid hydrazides. I
1 <109 I Spent filter cartridges from product I CT)
I purification from the production of 1, 1 I
I —dimethylhydrazine CUDMH) from carboxylic I
I acid hydrazides. I
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KilO Condensed column overheads from intermediate I CT)
separation from the production of 1,1 I
I -dimethyihydrazine (UDMH) from I
I carboxylic acid hydrazides. I
Kill I Product washwaters from the production of I (C,T)
I dinitrotoluene via nitration of toluene. I
1<112 I Reaction by-product water from the drying I (T)
I column in the production of toluenediamine I
I via hydrogenation of dinitrotoluene
1<113 I Condensed liquid light ends from the I (T)
I purification of toluenediamine in the I
I production of toluenediamine via I
I hydrogenation of dinitrotoluene.
1<114 I Vicinals from the purification of toluene- (T)
I diamine in the production of toluenedianune
I via hydrogenation of dinitrotoluene.
Kl15 I Heavy ends from the purification of toluene— I (T)
I diamine in the production of toluenediamine I
I via hydrogenation of dinitrotoluene. I
1<116 I Organic condensate from the solvent I CT)
I recovery column in the production of I
I toluene diisocyanate via phosgenation of I
I toluenediamine. I
1<117 I Wastewater from the reactor vent gas I (T)
I scrubber in the production of ethylene di- I
I bromide via bromination of ethane. I
1<118 I Spent adsorbent solids from purification of I CT)
I ethylene dibromide in the production of I
I ethylene dibromide via bromination of ethane. I
K136 I Still bottoms from the purification of I CT)
I ethylene dibromide in the production of I
I ethylene dibromide via bromination of ethane. I
K149 I Distillation bottoms from the production of I CT)
I of alpha- (or methyl—) chlorinated toluenes,
I ring—chlorinated toluenes, benzoyl chlorides, I
I and compounds with mixtures of these I
I functional groups, (This waste does not I
I include still bottoms from the distillation I
I of benzyl chloride.) I
K150 I Organic residuals, excluding spent carbon I CT)
I adsorbent, from the spent chlorine gas and I
I hydrochloric acid recovery processes I
I associated with the production of alpha— I
I (or methyl—) chlorinated toluenes, ring— I
I chlorinated toluenes, benzoyl chlorides, I
I and compounds with mixtures of these I
I functional groups. I
1<151 I Wastewater treatment sludges, excluding I CT)
I neutralization and biological sludges, I
I generated during the treatment of I
wastewaters from the production of alpha- I
I (or methyl—) chlorinated toluenes, ring— I
I chlorinated toluenes, benzoyl chlorides, I
I and compounds with mixtures of I
I these functional groups. I
1<156 I Organic waste (including heavy ends, still I CT)
bottoms, light ends, spent solvents, I
I filtrates, and decantates) from the production I
I of carbamates and carbamoyl oximes (This I
I listing does not apply to wastes generated I
I from the manufacture of 3-iodo-2—propynyl n- I
I butylcarbamate.). I
1<157 I Wastewaters (including scrubber waters, I CT)
I condenser waters, washwaters, and separation I
I waters) from the production of carbamates and I
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I carbamoyl oximes (This listing does not apply I
I to wastes generated from the manufacture of
I 3-iodo-2-propynyl n-butylcarbamate.).
I Bag house dusts and filter/separation solids (T)
I from the production of carbamates and I
I carbamoyl oximes (This listing does not apply
I to wastes generated from the manufacture of 3- I
I iodo-2—propynyl n-butylcarbamate.) . I
I Organics from the treatment of thiocarbamate I (T)
I wastes I
I Purification solids (including filtration, I (R,T)
I evaporation, and centrifugation solids), I
I bag house dust and floor sweepings from the I
I production of dithiocarbamate acids and their I
I salts. (This listing does not include K125 I
I or Kl26.). I
I Brine purification muds from the mercury
I cell process in chlorine production, where
I separately prepurified brine is not used
I Chlorinated hydrocarbon waste from the
I purification step of the diaphragm cell
I process using graphite anodes in chlorine
I production
I Wastewater treatment sludge from the mercury
I cell process in chlorine production
By—product salts generated in the production
of MSMA and cacodylic acid
Wastewater treatment sludge from the
production of chlordane
Wastewater and scrub water from the
chlorination of cyclopentadiene in the
production of chiordane
Filter solids from the filtration of
hexachlorocyclopentadiene in the production
of chiordane
Wastewater treatment sludges generated in the
production of creosote
Still bottoms from toluene reclamation
distillation in the production of disulfoton
Wastewater treatment sludges from the
production of disulfoton
Wastewater from the washing and stripping
of phorate production
Filter cake from the filtration of
diethylphosphorodithioic acid in the
production of phorate
Wastewater treatment sludge from the
production of phorate
Wastewater treatment sludge from the
production of toxaphene
Heavy ends or distillation residues from
the distillation of tetrachlorobenzerie in
the production of 2.4,5-T
2,6-Dichlorophertol waste from the production
of 2,4 D
Vacuum stripper discharge from the chiordane
chlorinator in the production of chiordane
Untreated process wastewater from the
production of toxaphene
Untreated wastewater from the production of
(T)
(T)
(T)
Kl58
K159
K 16l
Inorganic
chemicals:
1 <071
1<073
1<106
Pesticides:
1<031
1<032
1<033
1<034
1<035
1<036
1<037
KO 38
KO 39
KO 40
K04l
1<042
K043
1<097
KO 98
K099
I I (T)
I (T)
(T)
I I (T)
I I (T)
I I (T)
I I (T)
I I (T)
I (T)
I I (T)
I I (T)
I (T)
I I (T)
I I (T)
I I (T)
I I (T)
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I 2,4—D
K123 I Process wastewater (including supernates, I (T)
I filtrates, and washwaters) from the production I
I of ethylenebisdithiocarbamic acid and its salt I
K124 I Reactor vent scrubber water from the I (C,T)
I production of ethylenebisdithiocarbamic acid I
I and its salts I
K125 I Filtration, evaporation, and centrifugation I (T)
I solids from the production of ethylene- I
I bisdithiocarbamic acid and its salts I
K126 I Baghouse dust and floor sweepings in milling I (T)
I and packaging operations from the production I
I or formUlation of ethylenebisdithiocarbamic I
I acid and its salts I
1 <131 I Wastewater from the reactor and spent sulfuric I (C,T)
acid from the acid dryer from the production I
I of methyl bromide I
1<132 I Spent absorbent and wastewater separator I CT)
I solids from the production of methyl bromide I
Explosives: I
1<044 I Wastewater treatment sludges from the I CR)
I manufacturing and processing of explosives I
K045 I Spent carbon from the treatment of wastewater I CR)
I containing explosives I
K046 I Wastewater treatment sludges from the I (T)
I manufacturing, formulation and loading of I
I lead-based initiating compounds I
1<047 I Pink/red water from TNT operations I CR)
Petroleum I I
refining: I I
1<048 I Dissolved air flotation (DAF) float from the I CT)
I petroleum refining industry I
1<049 I Slop oil emulsion solids from the petroleum I (T)
I refining industry I
1<050 I Heat exchanger bundle cleaning sludge from I CT)
I the petroleum refining industry I
1<051 I API separator sludge from the petroleum I (T)
I refining industry I
K052 I Tank bottoms (leaded) from the petroleum I (T)
I refining industry
Iron and steel: I
1<061 I Emission control dust/sludge from the primary I CT)
I production of steel in electric furnaces I
1<062 I Spent pickle liquor generated by steel $ CC,T)
I finishing operations of facilities within the
I iron and steel industry (SIC Codes 331 and I
I 332) I
Primary I I
aluminum: I
K088 I Spent potliners from primary aluminum I (T)
I reduction I
Secondary lead: I I
1<069 Emission control dust/sludge from secondary I (T)
lead smelting. (Note: This listing is I
I stayed administratively for sludge generated I
I from secondary acid scrubber systems. The I
I stay will remain in effect until further I
I administrative action is taken. If EPA takes I
I further action effecting this stay, EPA will I
I publish a notice of the action in the Federal I
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Register.) I
K100 I Waste leaching solution from acid leaching I (T)
I of emission control dust/sludge from
I secondary lead smelting I
Veterinary I I
pharmaceuticals: I I
K084 I Wastewater treatment sludges generated I (T)
I during the production of veterinary I
I pharmaceuticals from arsenic or organo-arsenic I
I compounds I
KiOl I Distillation tar residues from the I (T)
I distillation of aniline—based compounds in I
I the production of veterinary pharmaceuticals I
I from arsenic or organo-arsenic compounds I
1 (102 I Residue from the use of activated carbon for I (T)
I decolorization in the production of veterinary I
I pharmaceuticals from arsenic or organo—arsenic I
I compounds
Ink formulation: I I
K086 I Solvent washes and sludges, caustic washes CT)
I and sludges, or water washes and sludges I
I from cleaning tubs and equipment used in the I
I formulation of ink from pigments, driers,
I soaps, and stabilizers containing chromium
I and lead I
Coking: I
K060 I Ammonia still lime sludge from coking I CT)
I operations
K087 I Decanter tank tar sludge from coking (T)
I operations
K141 I Process residues from the recovery of coal I CT)
tar, including, but not limited to, I
I collecting sump residues from the I
I production of coke from coal or the C
I recovery of coke by—products produced from I
I coal. This listing does not include K087 I
I Cdecanter tank tar sludges from coking I
I operations) . I
K142 I Tar storage tank residues from the I CT)
I production of coke from coal or from the I
recovery of coke by—products produced from I
I coal. I
K143 I Process residues from the recovery of light C CT)
I oil, including, but not limited to, those I
I generated in stills, decanters, and wash I
I oil recovery units from the recovery of I
I coke by—products produced from coal. I
K144 I Wastewater sump residues from light oil I CT)
I refining, including, but not limited to, I
I intercepting or contamination sump sludges
I from the recovery of coke by-products I
I produced from coal. I
K145 I Residues from naphthalene collection and C CT)
I recovery operations from the recovery of
I coke by-products produced from coal. I
K147 I Tar storage tank residues from coal tar I CT)
I refining. I
1 (148 I Residues from coal tar distillation, I CT)
I including but not limited to, still bottoms. I
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(d) Discarded Commercial Chemical Products, Off-Specifications Species, Container Residues, and Spill
Residues Thereof [ 40 C F R 261 33]
The following materials or items are hazardous wastes if and when they are discarded or intended to be
discarded as described in item (l)(b)l(ii)(I) of this Rule, 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
I Any commercial chemical product, or manufacturing chemical intermediate having the generic name
listed in part 5 or 6 of this subparagraph
2 Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it
met specifications, would have the generic name listed in part 5 or 6 of this subparagraph
3 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
partS or 6 of this subparagraph, unless the container is empty as defined in Rule 1200-I-Il- 02(1)(g)2
(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,
Department 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)
4 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 part 5 or 6 of this subparagraph, 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 part 5 or 6 of this subparagraph
(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 part 5 or 6 of this subparagraph Where a
manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in
part 5 or 6 of this subparagraph, such waste will be listed in either subparagraphs (b) or (c) of this
paragraph or will be identified as a hazardous waste by the characteristics set forth in paragraph (3) of
this Rule)
5 The commercial chemical products, manufacturing chemical intermediates or off-specification
commercial chemical products or manufacturing chemical intermediates referred to in parts I through 4
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1200-1-11-02 IdcntiI cation and l_isting oli-lazardous Waste(lntigiatcd)http//www2 ihsciivcorn/ptoduct cgi/fcdst ?whcie (lt_eid%3dii72)&cp l& _d.ite l999lI
of this subparagraph, are identified as acute hazardous wastes (H) and are subject to the small quantity
exclusion defined in part (i)(e)5 and 6 of this Rule
(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 Hazardous Waste Codes are
Hazardous I Chemical
Waste I Abstracts
No. I No.
P023 I
P002 I
P057 I
P058 I
P002 I
P003 I
P070 I
P203 I
P004 I
P005 I
P006 I 20859—73—8
P007
P008 I
P009 I
P1.19 I
P099 I
P0l0 I
P012 I
POll I
Poll I
P012 I
P038 I
P036 I
P054 I
P067 I
P013 I
P024 I
P077 I
P028 I
P042 I
P046 I
P014 I
P127 I
P188 I
P0Ol I
P028 I
P015 I
P017 I
P018 I
Arsenic pentoxide
Arsenic trioxide
Arsine, diethyl-
Arsonous dichloride, phenyl-
Aziridine
I Substance
I Acetaldehyde, chioro-
I Acetamide, N- (aminothioxomethyl) —
Acetamide, 2-fluoro
I Acetic acid, fluoro, sodium salt
I 1-Acetyl-2—thiourea
I Acrolein
Aldicarb
I Aldicarb sulfone
I Aldrin
I Allyl alcohol
Aluminum phosphide (R,T)
I 5- (Anunomethyl) -3-isoxazolol
I 4-P.minopyridine
I Ammonium picrate CR)
I Ainmonium vanadate
Argentate(1-), bis(cyano-C)-, potassium
I Arsenic Acid H(3)AsO(4)
I Arsenic oxide As(2)O(3)
Arsenic oxide As(2)O(5)
107—20—0
591—08—2
64 0—19—7
62—74—8
591—08—2
107—02—8
116—06—3
164 6—8 8—4
309— 00—2
107—18—6
27 63—96—4
504—24—5
131—74—8
7 803—55—6
506—61—6
777 8—39—4
1327—53—3
1303—28—2
1303—28—2
132 7—53—3
692—42—2
696—28—6
15 1—56—4
75—55—8
542- 62—1
106—47—8
100—01—6
100—44—7
51—43—4
122— 09—8
108—98—5
15 63—66—2
57— 64—7
(1)81—81—2
100—44—7
7440—41—7
59 8—31—2
35 7—57—3
Aziridine, 2—methyl—
Barium cyanide
Benzeriamine, 4-chioro-
Berizenamine, 4—nitro—
Benzene, (chloromethyl) —
1, 2-Benzenediol, 4- [ l-hydroxy-2-
(methylamino) ethyl) -, (R) -
Benzeneethanamine, alpha, alpha—dimethyl
Benzenethiol
7—Benzofuranol, 2, 3—dihydro-2, 2-thmethyl—,
methylcarbamate
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)
2H-1-Benzopyran-2-orie, 4-hydroxy-3- (3
-oxo-1-phenylbutyl)— & salts
when present at concentrations
greater than 0.3%
Benzyl chloride
Beryllium Powder
Bromoacetone
Brucine
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P045 I 39196—18—4 I 2—Butanone, 3,3-dimethyl—1
I I -(methylthio)-, O- [ methylamino)
I I carbonyl] oxime
P021 I 592—01—8 I Calcium cyanide
P021 I 592—01-8 I Calcium cyanide Ca(CN) (2)
P189 I 55285—14—8 I Carbamic acid, [ (dibutylamino)—thio]methyl—
I I 2,3—dihydro—2,2-dimethy]. 7—benzofuranyl ester
P191 I 644—64—4 I Carbamic acid, dimethyl-,1—((dimethyl amino)carbonyl]
I I —5-methyl—1H—pyrazol—3—yl ester
P192 I 119—38—0 I Carbamic acid, dimethyl-, 3—methyl-1—(1—methylethyl)—
I I 1H-pyrazol-5-yl ester
P190 I 1129—41—5 I Carbamic acid, methyl-, 3-methylphenyl ester
P127 I 1563-66—2 I Carbofuran
P022 I 75-15—0 I Carbon disulfide
P095 I 75-44—5 I Carbonic dichioride
P189 I 55285—14—8 I Carbosulfan
P023 I 107-20—0 I Chioroacetaldehyde
P024 I 106—47—8 I p—Ch loroani line
P026 I 5344—82--1. I 1—(o—Chloropheny l)thiourea
P027 I 542-76—7 I 3—Chioropropionitrile
P029 I 544—92—3 I Copper cyanide
P029 I 544-92-3 I Copper cyanide Cu(CN)
P202 I 64—00-6 I m-Cumenyl methylcarbamate
P030 I -—— I Cyanides (soluble cyanide salts), not
I otherwise specified
P031 I 460—19—5 Cyanogen
P033 I 506-77-4 I Cyanogen chloride
P033 I 506-77—4 I Cyariogen chloride (CN)C1
P034 I 131-89—5 I 2-Cyc lohexyl-4,6-dinitrophenol
P016 I 542-88—1 I Dichiorotnethyl ether
P036 I 696-28—6 Dichiorophenylarsine
P037 I 60-57—1 I Die ldrin
P038 I 692—42—2 I Diethylarsine
P041 I 311-45—5 I Diethyl-p—nitrophenyl phosphate
P040 I 297-97-2 0,0—Diethyl 0—pyrazinyl
I I phosphorothioate
P043 I 55-91—4 I Diisopropylfluorophosphate (DFP)
P004 I 309—00—2 I 1,4,5,8—Dimethanonaphtha lene,
I I 1,2,3,4,10,10—hexachloro—1,4,4a,5,8,8a
I I -hexahydro-, (lalpha, 4alpha, 4abeta,
I I Salpha, 8alpha, 8abeta)-
P060 I 465—73—6 I 1,4,5,8—Dimethanonaphthalene,
I I 1,2,3,4,10,10—hexachloro—1,4,4a,5,8,8a
I I -hexahydro—, (lalpha,4alpha,4abeta,
I I 5beta,8beta,8abeta)-
P037 I 60—57—1 I 2,7:3,6-Dimethanonaphth [ 2,3b]oxirene,
I I 3,4,5,6,9,9—hexachioro—
I I la,2,2a,3,6,6a,7,7a—
I I octahydro-, (laalpha,2beta,2aalpha,
I I 3beta, 6beta, 6aalpha, 7beta, 7aalpha)-
P051 I (1}72—20—8 I 2,7:3,6-Dimethanonaphth(2,3b] oxirene,
I 3,4,5,6,9,9—hexachioro— la,2,2a,3,6,6a,
I I 7,7a—octahydro—, (laalpha,
I I 2beta, 2abeta, 3alpha, 6alpha, 6abeta,
I I 7beta,7aalpha)—, & metabolites
P044 I 60—51—5 I Dimethoate
P046 I 122-09-8 I alpha, aipha—Dimethyiphenethylamine
P191 I 644—64—4 I Dimetilan
P047 I (1)534-52—1 I 4,6—Dinitro—o—cresol, & salts
P048 I 51—28-5 I 2,4-Dinitrophenol
P020 I 88—85—7 I Dinoseb
P085 I 152-16—9 I Diphosphoramide, octamethyl-
Pill I 107-49—3 I Diphosphoric acid, tetraethyl ester
P039 I 298—04—4 I Disulfoton
P049 I 541—53-7 I Dithiobiuret
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P185 I 26419-73-8 I 1,3—Dithiolane-2-carboxaldehyde, 2,4-dimethyl-,
I I O- [ (methylamino)-carbonyl] oxime
P050 I 115—29—7 I Endosulfan
P088 I 145—73—3 Endothall
P051 I 72-20—8 Endrj.n
P051 I 72—20—8 I Endrin, & metabolites
P042 I 51—43—4 I Epinephrine
P031 I 460—19—5 I Ethanedinitrile
P194 I 23135—22—0 I Ethanimidothioc acid, 2—(dimethylamino)-
I I N- [ [ (methylamino)carbony l]oxy}—2—oxo-, methyl ester
P066 I 16752-77—5 I Ethanimidothioic acid,
I I N( [ (methylamino)carbonyl]oxy]-, methyl ester
P101 I 107—12—0 I Ethyl cyanide
P054 I 151—56—4 I Ethylerteirnine
P097 I 52-85—7 I Famphur
P056 I 7782—41—4 I Fluorine
P057 I 640-19—7 Fluoroacetamide
P058 I 62-74—8 Fluoroacetic acid, sodium salt
P198 I 23422-53-9 I Formetanate hydrochloride
P197 I 17702—57—7 I Formparariate
P065 I 628—86—4 I Fluminic acid, mercury(2+) salt (R,T)
P059 I 76—44—8 I Heptachior
P062 I 757-58—4 I Hexaethyl tetraphosphate
P116 I 79-19-6 I Hydrazinecarbothioamide
P068 I 60—34—4 I Hydrazine, methyl—
P063 I 74-90—8 I Hydrocyanic acid
P063 I 74-90—8 I Hydrogen cyanide
P096 I 7803-51—2 I Hydrogen phosphide
P060 I 465—73—6 I Isodrin
P192 I 119—38—0 I Isolan
P202 I 64-00-6 I 3-Isopropyiphenyl N-methylcarbamate
P007 I 2763—96—4 I 3(2H)—Isoxazolone, 5-(aminomethyl)-
P196 I 15339—36—3 I Manganese, bis(dimethylcarbamodithioato-S,S’)—,
P196 I 15339-36—3 I Manganese dimethyldithiocarbamate
P092 I 62-38—4 I Mercury, (acetato-O)phenyl—
P065 I 628—86—4 I Mercury fulminate (R,T)
P082 I 62-75—9 I Methanamine, N-methyl—N—nitroso-
P064 I 624—83—9 I Methane, isocyanato-
P016 I 542-88-1 I Methane, oxybis [ chloro-
P112 I 509—14—8 I Methane, tetranitro- (R)
P118 I 75-70-7 I Methanethiol, trichloro-
P198 I 23422—53—9 I Methanimidamide, N,N—dimethyl-N’-- [ 3-
I I [ [ (methylamino)-carbonyl]oxy)phenyl]-,
I I monohydrochioride
P197 I 17702—57—7 I Methartimidamide, N,N—dimethyl—N’— [ 2--
I I methyl-4- [ [ (methylamino)-carbonyljoxy)phenyl]-
P050 I 115—29—7 I 6,9-Methano-2,4,3—benzodioxathiepin,
I I 6,7,8,9,10,10—hexachloro-
I I 1,5,5a,6,9,9a—hexahydro—, 3—oxide
P059 I 76—44—8 I 4,7—Methano—1H—indene, 1,4,5,6,7,8,8—
I I heptachloro—3a, 4,7, 7a-tetrahydro
P199 I 2032—65—7 I Methiocarb
P066 I 16752—77—5 I Methomyl
P068 60—34—4 I Methyl hydrazine
P064 I 624—83—9 I Methyl isocyanate
P069 I 75—86—5 I 2—Methyllactonitrile
P071 I 298—00—0 I Methyl parathion
P190 I 1129—41—5 Metolcarb
P128 I 315-18-4 I Mexacarbate
P072 I 86—88—4 I alpha—Naphthylthiourea
P073 I 13463—39—3 I Nickel carbonyl
P073 I 13463—39—3 I Nickel carbonyl Ni(CO) (4), (T—4)—
P074 j 557—19—7 I Nickel cyanide
P074 I 557—19—7 I Nickel cyanide Ni(CN) (2)
P075 I (1)54—11—5 Nicotine, & salts
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P076 I 10102—43—9 I Nitric oxide
P077 I 100—01-6 I p—Nitroaniline
P078 I 10102—44—0 I Nitrogen dioxide
P076 I 10102—43—9 I Nitrogen oxide NO
P078 I 10102—44—0 I Nitrogen oxide NO(2)
P081 I 55-63—0 I Nitroglycerine (R)
P082 I 62-75—9 I N—Nitrosodimethylamine
P084 I 4549-40—0 I N—Nitrosomethylvinylamine
P085 I 152—16-9 Octamethylpyrophosphoramide
P087 I 20816—12-0 I Osmium oxide OsO(4), (T-4)—
P087 I 20816—12—0 I Osmium tetroxide
P088 I 145—73—3 I 7—Oxabicyclo [ 2.2.1)heptane-2,3-dicarboxylic acid
P194 I 23135—22—0 I Oxamyl
P089 I 56—38—2 I Parathion
P034 I 131—89—5 I Phenol, 2—cyclohexyl-4,6—dinitro—
P128 I 315—18—4 I Phenol, 4—(dimethylamino)—3,5-dimethyl—,
I I methylcarbamate (ester)
P199 I 2032—65—7 I Phenol, (3,5—dimethyl—4-(methylthio)—,
I I methylcarbamate
P048 I 51—28—5 I Phenol, 2,4—dinitro—
P047 I (11534—52—1 I Phenol, 2—methyl—4,6—dinitro- & salts
P202 I 64—00—6 I Phenol, 3—(1—methylethyl)—, methyl carbamate
P201 I 2631—37—0 I Phenol, 3—methyl—5—(1—methylethyl)—,
I I methyl carbamate
P020 I 88—85—7 I Phenol, 2—(1—methylpropyl)—4,6 --dinitro—
P009 I 131—74—8 I Phenol, 2,4,6—trinitro—, ammonium salt
I (R)
P092 I 62-38—4 I Phenylmercury acetate
P093 I 103—85—5 I Phenyithiourea
P094 I 298—02—2 I Phorate
P095 I 75—44—5 I Phosgene
P096 I 7803—51—2 I Phosphine
P041 I 311—45-5 I Phosphoric acid, diethyl 4-nitrophenyl ester
P039 I 298—04—4 I Phosphorodithioic acid, O,O—diethyl
I I S- [ 2—(ethylthio)ethyl] ester
.P094 I 298—02—2 I Phosphorodithioic acid, O,O—diethyl
I I S- [ (ethylthio)methyl] ester
P044 I 60-51—5 I Phosphorodithioic acid, 0,0-dimethyl
I I S- [ 2—(methylamino)-2-oxoethyl] ester
P043 I 55—91—4 I Phosphorofluoridic acid, bis—
I I (1-methylethyl) ester
P089 I 56-38—2 I Phosphorochioic acid, O,O—diethyl O-(4
I I -nitrophertyl) ester
P040 I 297-97-2 I Phosphorodithioic acid, O,O-diethyl 0—
I I pyrazinyl ester
P097 I 52-85—7 I Phosphorodithioic acid, 0-
I I (4- [ (diimethy lamino)sulfonyl]pheriy li
I O,O-dimethyl ester
P071 I 296—00-0 I Phosphorodithioic acid, 0,0-dimethyl
I O—(4—nitrophenyl)ester
P204 57—47—6 I Physostigmine
P188 57—64—7 I Physostigmine salicylate
P110 I 78—00—2 I Plumbane, tetraethyl—
P098 151—50—8 I Potassium cyanide
P098 I 151—50—8 I Potassium cyanide K(CN)
P099 I 506—61—6 I Potassium silver cyanide
P201 I 2631—37—0 I Promecarb
P203 I 1646—88—4 I Propanal, 2—methyl—2-(methyl—sulfonyl)—,
I I O- [ (methylarnino)carboriyl)oxime
P070 I 116—06—3 I Propanal, 2—methyl—2-(methylthio)—,O—
I I ((methylamino)carbonyl]oxime
P101 I 107—12—0 I Propanenitrile
P027 I 542-76—7 Propanenitrile,3—ch loro-
P069 I 75—86—5 I Propanenitrile, 2-hydroxy—2—methyl-
P081 I 55—63—0 I 1,2,3-Propanetriol, trinitrate CR)
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P017 I 598—31—2 1 2—Propanone, 1—bromo—
P102 I 107—19—7 I Propargyl alcohol
P003 I 107—02—8 I 2 —Propenal
P005 I 107—18—6 I 2—Propen—1—ol
P067 I 75—55—8 I 1,2—Propylenimine
P102 I 107—19—7 I 2—Propyn—1—ol
P008 I 504—24—5 I 4—Pyridinamine
P075 I (1 )54—11-5 I Pyridine, 3-(1—methyl—2—pyrrolidinyl)-,
I I (5)—, & salts
P204 I 57—47—6 I Pyrrolo [ 2,3—b]indol—5—ol, 1,2,3,3a,8,8a—
I hexahydro—1, 3a, 8—trimethyl—, methylcarbamate
I I (ester), (3aS—cis)—
P114 I 12039—52—0 I Selenious acid, dithallium(1+) salt
P103 I 630—10—4 I Selenourea
P104 I 506—64—9 Silver cyanide
P104 I 506-64-9 I Silver cyanide Ag(CN)
P105 I 26628—22—8 I Sodium azide
P106 I 143—33—9 I Sodium cyanide
P106 I 143-33-9 I Sodium cyanide Na(CN)
P108 I (1 )57—24—9 I Strychnidin—lO—one, & salts
P018 I 357—57—3 I Strychnidin—lO—one, 2,3—dimethoxy—
P108 I (1}57—24—9 I Strychnine, & salts
P115 I 7446—18—6 I Sulfuric acid, dithallium(1+) salt
P109 I 3689-24-5 I Tetraethyldithiopyrophosphate
P110 I 78—00—2 I Tetraethyl lead
P111 I 107—49—3 I Tetraethyl pyrophosphate
P112 I 509—14—8 I Tetranitromethane (R)
P062 I 757—58—4 I Tetraphosphoric acid, hexaethyl ester
P113 I 1314—32—5 I Thallic oxide
P113 I 1314—32—5 I Thallium oxide Tl(2)O(3)
P114 I 12039—52—0 I Thallium(I) selenite
P115 I 7446—18—6 I Thallium(I) sulfate
P109 I 3689-24-5 I Thiodiphosphoric acid, tetraethyl ester
P045 I 39196—18—4 I Thiofanox
P049 I 541-53—7 I Thiomidodicarbonic diamide
I I ((H(2)N)C(S))(2)NH
P014 I 108—98—5 I Thiophenol
P116 I 79—19—6 I Thiosemicarbazide
P026 I 5344—82—1 I Thiourea, (2—chlorophenyl)—
P072 I 86—88—4 I Thiourea, 1-naphthalenyl-
P093 I 103—85—5 I Thiourea, phenyl—
P185 I 26419—73—8 I Tirpate
P123 I 8001—35—2 I Toxaphene
P118 I 75-70-7 I Trichloromethanethiol
P119 I 7803—55—6 I Vanadic acid, ammonium salt
P120 I 1314—62—1 I Vanadium oxide V(2)O(5)
P120 I 1314—62—1 I Vanadium pentoxide
P084 I 4549—40—0 I Vinylamine, N—methyl—N—nitroso
POOl I (1 )81—81—2 I Warfarin, & salts, when present at
I I concentrations greater than 0.3%
P205 I 137—30—4 I Zinc, bis(dimethylcarbamodithioato-S,S’)—,
P121 I 557—21—1 I Zinc cyanide
P121 I 557—21—1 I Zinc cyanide Zn(CN) (2)
P122 I 1314—84—7 I Zinc phosphide Zn(3)P(2), when present
I I at concentrations greater than 10%
I I (R,T)
P205 I 137—30—4 I Ziram
(I ) CAS Number given for parent compound only
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6 The commercial chemical products, manufacturing chemical intermediates, or off-specification
commercial chemical products referred to in parts I through 4 of this subparagraph, are identified as toxic
wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined
in parts (1)(e) 1 and 7 of this Rule
(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 Hazardous Waste Codes are
Hazardous
I
Chemical
I
Waste
I
abstracts
I
No.
No.
Substance
0394
I
30558—43—1
I A2213
0001
75—07—0
I Acetaldehyde (I)
0034
75-87—6
I Acetaldehyde, trichioro-
0187
I
62-44—2
I Acetamide,N—(4-ethoxyphenyl)-
0005
I
53—96—3
I Acetamide, N—9H—fluoren --2—yl—
0240
I
(1)94—75—7
I Acetic acid, (2—4—dichiorophenoxy)—, salts
I
& esters
0112
I
141—78—6
Acetic acid, ethyl ester (I)
0144
I
301-04—2
Acetic acid, lead(2+) salt
0214
I
563-68—8
I Acetic acid, thallium(l+) salt
See
I
93-76—5
I Acetic acid, (2,4,5—trichlorophenoxy)—
F027
I
I
0002
I
67—64—1
I Acetone (I)
0003
I
75—05—8
Acetonitrile (I,T)
0004
I
98-86-2
Acetophenone
0005
I
53-96—3
I 2-Acetylaminofluorene
0006
I
75-36—5
I Acetyl chloride (C,R,T)
0007
I
79-06—1
Acrylamide
0008
79—10—7
I Acrylic acid (I)
0009
I
107—13—1
I Acrylonitrile
0011
I
61—82—5
I P rnitrole
0012
I
62—53—3
I Aniline (I,T)
0136
I
75-60—5
I Arsinic acid, dimethyl—
0014
I
492—80—8
I Auramine
0015
I
115-02—6
I Azaserine
0010
I
50—07—7
I Azirino [ 2’,3’:3,4)pyrrolo [ 1,2—a]indole—
I
I 4,7-dione, 6—amino-8—
I
I [ [ (aminocarbonyl)oxy]methyl]-
I
I 1,la,2,8,8a,8b—
I hexahydro—8a-methoxy-5—methyl-,
I [ laS—(laalpha, 8beta, 8aalpha, 8balpha)]-
0280
I
101-27—9 I Barban
0278
I
22781—23—3 Bendiocarb
0364
I
22961-82—6 Bendiocarb phenol
0271
I
17804—35—2 I Benomyl
0157
I
56-49—5 Benz [ j]aceanthrylene,
I
I 1,2—dihydro—3-methyl-
0016
I
225—51—4 I Benz [ c]acridine
0017
I
98—87—3 I Benzal chloride
0192
I
23950-58—5 I Benzamide, 3,5—dichloro-N-(1,1—dimethyl—2—
I
I propynyl)—
0018
I
56-55—3 I Benz(a)anthracene
0094
57-97—6 I Benz [ a)anthracene, 7,12—dimethyl—
0012
I
62-53—3 I Benzenamine (I,T)
0014
I
492-80—8 I Benzenamine,4,4’—carbonimidoylbis
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I I (N,N—dimethyl-
u049 I 3165—93—3 I Benzenamine, 4—chloro-2-methyl—,
I I hydrochloride
U093 I 60—11—7 I Benzenamirie, N,N—climethyl-4-(phenylazo)—
U328 I 95—53—4 I Benzenamine, 2-methyl--
u353 106-49-0 I Benzenamirie, 4—methyl-
U158 101—14—4 I Benzenamirie, 4,4’—methylenebis(2-chloro-
u222 I 636-21-5 I Benzenamirie, 2-methyl-, hydrochloride
U181 I 99—55—8 I Benzenamine, 2—methyl-5-riitro—
U019 I 71—43—2 I Benzene (I,T)
1 )038 I 510-15-6 I Benzeneacetic acid,
I I 4-chloro—alpha- (4-chlorophenyl) -
I I aipha-hydroxy—, ethyl ester
1)030 I 101—55—3 Berizene, 1—bromo—4—phenoxy-
1)035 I 305—03—3 Benzenebutanoic acid, 4— [ bis(2—
I I chloroethyl)amino]-
1)037 I 108—90—7 I Benzene, chloro—
1)221 I 25376—45—8 I Benzenediamine, ar—methyl-
1)028 I 117—81—7 I 1,2—Benzenedicarboxylic acid, bis(2-
I I ethylhexyl) ester
1)069 I 84—74—2 I i,2-Benzenedicarboxylic acid, dibutyl
I I ester
U088 I 84-66—2 I 1,2—Berizenedicarboxylic acid, diethyl
I I ester
1)102 I 131—11—3 I i,2—Benzeriedicarboxylic acid, dimethyl
I I ester
1)107 I 117-84-0 I 1,2-Benzenedicarboxylic acid, dioctyl
1)070 I 95—50—1 I Benzene, 1,2-dichloro—
1)071 I 541—73--i I Benzene, 1,3-dichioro-
1)072 I 106-46—7 I Benzene, 1,4-dichioro-
1)060 I 72—54—8 I Benzene, 1,1’—(2,2—dichloroethylidene)bis
I I [ 4-chioro—
1)017 I 98-87-3 I Benzene, (dichioromethyl)-
1)223 I 26471—62—5 I Benzene, 1,3-diisocyanatomethyl- (R,T)
1)239 I 1330—20—7 I Benzene, dimethyl— (I,T)
1)201 I 108—46—3 I i,3—Benzenediol
U127 I 118—74—1 I Benzene, hexachioro—
1)056 I 110-82—7 I Benzene, hexahydro— (I)
1)220 I 108—88—3 I Benzene, methyl—
1)105 I 121—14—2 I Benzene, 1—methyl—2,4—dinitro—
1)106 I 606—20—2 I Benzene, 2—methyl—1,3—dinitro—
1)055 I 98-82—8 I Benzene, (1—rnethylethyl)- (I)
1)169 I 98—95—3 I Benzene, nitro—
1)183 I 608—93—5 I Benzene, pentachioro—
1)185 I 82—68—8 Benzene, pentachioronitro—
1)020 I 98—09—9 I Benzenesulfonic acid chloride (C,R)
1)020 I 98—09—9 I Benzenesulfonyl chloride (C,R)
1)207 I 95—94—3 I Benzene, 1,2,4,5—tetrachloro—
U06i I 50—29—3 I Benzene, 1,l’—(2,2,2—trichloroethylidene)
I I bis [ 4-chloro-
1)247 I 72—43—5 I Benzene, 1,i’—(2,2,2—trichloroethylidene)
I I bis [ 4-methoxy—
1)023 I 98—07—7 I Benzene, (trichloromethyl)—
1)234 I 99—35—4 I Benzene, i,3,5-tririitro-
1)021 I 92—87—5 I Benzidine
U202 (1}81—07—2 I 1,2—Benzisothiazol—3(2H)—one,
I I 1,1—dioxide, & salts
1)278 I 22781—23—3 I 1,3—Benzodioxol—4—ol, 2,2—dimethyl-,
I I methyl carbamate
1)364 I 22961—82—6 I 1,3—Benzodioxol—4—ol, 2,2—dimethyl-,
1)203 I 94—59—7 I 1,3—Benzodioxole, 5—(2-properiyl)—
1)141 I 120-58—1 I 1,3—Benzodioxole, 5—(i—propenyl)—
1)090 I 94—58—6 I 1,3—Benzodioxole, 5—propyl—
1)367 I 1563—38—8 I 7-Berizofuranal, 2,3-dihydro—2,2—dimethyl—
1)064 I 189—55—9 I Benzo [ rst]pentaphene
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1200-I-I I— 02 Identilication and Listing ol I lazaidous Waste (Integiatod) http // vww2 ih env om/pioduct cgi/fedst )whcic=(tt_eid%3d I I 72)&cp I 1999 II
U248 I (1)81-81—2 I 2H-1—Benzopyran-2-one, 4-hydroxy—3-(3—oxo
I I -1-phenyl-butyl)-, & salts, when present
I I at concentrations of 0.3% or less
U022 I 50-32—8 I Benzo [ a]pyrene
J197 I 106-51—4 I p—Benzoquinone
U023 I 98-07—7 I Benzotrichloride (C,R,T)
U085 I 1464—53—5 I 2,2’—Bioxirane
U02]. I 92—87—5 I [ 1,1’—Biphenyl]—4,4’—diamine
U073 I 91—94—1 I [ 1,1’—Bipheny l]—4,4’—d iamine,
I I 3,3’—dichloro—
U091 I 119—90—4 I [ 1,1’—Biphenyl]—4,4’—diamine,
I I 3,3’—dimethoxy-
U095 I 119—93—7 I (1,l’—Bipheny l)—4,4’—diamine,
I I 3,3’—dimethyl—
U225 I 75—25-2 I Bromoforrn
U030 I 101-55—3 I 4—Bromophenyl phenyl ether
U 128 I 87-68—3 I 1,3-Butadiene, 1,1,2,3,4,4—hexachioro—
U172 I 924-16—3 I 1-Butanamirte, N-butyl—N-nitroso—
U031 I 71—36—3 I 1—Butanol (I)
U159 I 78—93—3 I 2—Butarione (I,T)
(3160 I 1338—23—4 I 2-Butanone peroxide (R,T)
(3053 I 4170—30—3 I 2—Butenal
(3074 I 764—41—0 I 2—Butene, 1,4—dichioro— (I,T)
(3143 I 303—34—4 I 2—Butenoic acid, 2—methyl—, 7— [ [ 2,3--
I I dihydroxy-2- (1-methoxyethyl) -3-methyl-
I 1-oxobutoxy]methyl] -2,3,5, 7a-tetrahydro—
I 1H-pyrrolizin-1—yl ester,
I [ 1S_ [ 1alpha(Z),7(2S ,3R*),7aalpha)]_
11031 71—36—3 n—Butyl alcohol (I)
11136 I 75—60—5 I Cacodylic acid
( 3032 I 13765—19—0 I Calcium chromate
(3372 I 10605—21—7 I Carbamic acid, 1H—benzimidazol-2—yl,
I I methyl ester
(3271 I 17804-35—2 I Carbamic acid, [ 1— [ .(butylamino)carbonyl]—
I I 1H—benzimidazol—2—yl]—, methyl ester
(3280 I 101—27—9 I Carbamic acid, (3—chiorophenyl)-, 4-chloro-
I 2-butynyl ester
(3238 I 51—79—6 I Carbamic acid, ethyl ester
(3178 I 615-53-2 I Carbamic acid, methylnitroso—, ethyl ester
(3373 I 122-42—9 I Carbamic acid, phenyl—, 1-methylethyl ester
(3409 I 23564—05—8 I Carbamic acid, (1,2—phenylenebis
(iminocarbonothioyl)]bis-, dimethyl ester
11097 I 79-44—7 I Carbamic chloride, dimethyl-
(3114 I (1)111-54—6 I Carbamodithioic acid, 1,2—ethanediylbis—,
I I salts & esters
( 3062 I 2303—16—4 I Carbamothioic acid, bis(1-rnethylethyl)—,
I I S-(2,3-dichloro—2-propenyl) ester
(3389 I 2303-17—5 I Carbamothioic acid, bis(1—methylethyl)—,
I I S—(2,3,3—trichloro—2—propenyl) ester
(3387 I 52888-80—9 I Carbamothioic acid, dipropyl-, S—(phenylmethyl)
I I ester
( 3279 I 63-25—2 I Carbaryl
0372 I 10605—21—7 I Carbendazim
(3367 I 1563-38—8 I Carbofuran phenol
0215 I 6533—73—9 I Carbonic acid, dithallium(1+) salt
(3033 I 353—50—4 I Carbonic difluoride
( 3156 I 79-22—1 I Carbonochioridic acid, methyl ester (I,T)
(3033 I 353-50—4 I Carbon oxyfluoride (R,T)
0211 I 56—23—5 Carbon tetrachioride
(3034 I 75—87—6 I Chloral
(3035 I 305—03—3 I Chlorambucil
(3036 I 57—74—9 I Chiordane, alpha & gamma isomers
(3026 I 494—03—1 I Chlornaphazin
(3037 I 108-90—7 I Chlorobenzene
(3038 I 510-15—6 I Chlorobenzilate
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0039 I 59—50—7 I p—Chloro—m—cresol
0042 I 110—75-8 I 2—Chloroethyl vinyl ether
0044 I 67-66-3 I Chloroform
0046 I 107-30-2 I Chioromethyl methyl ether
0047 I 91—58-7 I beta-Chloronaphthalene
0048 I 95-57-8 I o-Chlorophenol
0049 I 3165-93-3 I 4-Chloro-o-toluidine, hydrochloride
1J032 I 13765—19-0 I Chromic acid, H(2)CrO(4) calcium salt
1J050 I 218—01—9 I Chrysene
0051 I I Creosote
0052 I 1319—77—3 I Cresol (Cresylic acid)
0053 I 4170—30—3 I Crotonaldehyde
0055 I 98—82—8 I Cumene (I)
0246 I 506-68-3 I Cyanogen bromide (CN)Br
0197 I 106-51-4 I 2,5—Cyclohexadiene—1,4—dione
0056 110—82-7 I Cyclohexane (I)
0129 58-89-9 I Cyclohexane, 1,2,3,4,5,6—hexachioro-,
I I (lalpha, 2alpha, 3beta, 4alpha, 5alpha,
I 6beta)—
0057 I 108—94-1 I Cyclohexanone (I)
0130 I 77—47-4 I 1,3-Cyclopentadiene, 1,2,3,4,5,5—hexa-chioro-
U058 I 50—18-0 I Cyclophosphamide
0240 I {1}94-75—7 I 2,4—D, salts & esters
0059 20830—81—3 I Daunornycin
0060 72-54—8 I DDD
U061 I 50—29—3 I DDT
0062 2303—16—4 I Diallate
0063 53-70—3 I Dibenz [ a,h]anthracene
0064 I 189-55-9 I Dibenzo [ a,i]pyrene
0066 96-12-8 I 1,2-D ibromo-3-chloropropane
0069 84-74-2 I Dibutyl phthalate
0070 I 95-50-1 I o-Dichlorobenzene
1.7071 I 541-73-1 I m-Dichlorobenzene
0072 I 106—46-7 I p-Dichlorobenzene
0073 I 91—94—1 I 3,3’—Dichlorobenzidine
0074 I 764—41—0 I 1,4—Dichloro-2—butene (I,T)
0075 I 75-71-8 I Dichiorodifluoromethane
0078 I 75—35-4 I 1,1—Dichloroethylene
0079 I 156—60-5 1,2—Dichloroethylene
0025 111—44-4 I Dichioroethyl ether
0027 108-60-1 I Dichioroisopropyl ether
0024 I 111-91-1 I Dichioromethoxy ethane
0081 I 120-83—2 I 2,4—Dichiorophenol
0082 87-65—0 I 2,6—Dichiorophenol
0084 I 542-75-6 I 1,3—Dichloropropene
0085 I 1464—53—5 I 1,2:3,4—Diepoxybutarte (I,T)
0395 I 5952-26-1 I Diethylene glycol, dicarbamate
0108 I 123—91-1 I 1,4—Diethyleneoxide
0028 I 117-81-7 I Diethyihexyl phthalate
1.7086 I 1615-80—1 I N,N’—Diethylhydrazine
0087 I 3288-58-2 I 0,0—Diethyl S-methyl dithiophosphate
0088 I 84—66-2 I Diethyl phthalate
0089 I 56-53—1 I Diethyistilbestrol
0090 94-58—6 Dihydrosafrole
0091 I 119—90-4 I 3,3’-Dimethoxybenzidine
U092 I 124—40—3 I Dimethylamine (I)
0093 I 60-11-7 I p-Dimethylaminoazobenzene
0094 I 57-97-6 I 7,12—Dimethylberiz [ a]anthracene
0095 I 119-93-7 I 3,3’—Dimethylbenzidine
0096 I 80-15-9 I alpha,alpha-Dimethylbenzylhydroperoxide CR)
0097 I 79-44-7 I Dimethylcarbamoyl chloride
0098 I 57—14-7 I 1,1—Dimethylhydrazirie
0099 I 540—73-8 I 1,2—Dimethylhydrazine
1.7101 I 105-67—9 I 2,4—Dimethylphenol
0102 I 131-11-3 I Dimethyl phthalate
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1200-I - 11-02 Idcntilkation and Listing ol I lazardous Wastc (lincgratcd)http //www2 ihscnv corn/products cgilfcdst 9 wherc=(ft_cid%3d II 72)&cp I&i_datc 199911
U103 I 77—78—1
U105 I 121—14—2
U106 606—20—2
LJ1O7 117—84—0
U108 I 123—91—1
U109 122-66—7
UllO I 142—84—7
Ulli I 621—64—7
U041 I 106—89—8
u001 I 75—07—0
U174 I 55—18—5
U404 I 121—44—8
U155 I 91—80—5
U067 I 106—93—4
U076 I 75—34—3
U077 107—06—2
U131 I 67—72—1
U024 111—91—1
U117 I 60—29—7
U025 I 111—44—4
U184 I 76—01—7
U208 I 630—20—6
U209 I 79—34—5
U218 I 62—55—5
U226 I 71—55—6
U227 I 79—00—5
U410 I 59669—26—0
U394 30558-43-1
U359 110—80—5
Ul73 I 1116—54—7
U395 I 5952—26—1
U004 I 98—86—2
U043 I 75—01—4
U042 I 110—75—8
U078 I 75—35—4
U079 I 156—60—5
U210 127—18—4
U228 I 79—01—6
U112 I 141—78—6
U113 I 140—88—5
U238 I 51—79—6
U117 I 60—29—7
I Dimethyl sulfate
2, 4—Dinitrotoluene
I 2, 6-Dinitrotoluene
I Di-n—octyl phthalate
I 1,4-Dioxane
I 1, 2-Diphenylhydrazine
I Dipropylamine (I)
I Di-n—propylnitrosamine
I Epichlorohydrin
I Ethanal (I)
I Ethanamine, N-ethyl-N-nitroso—
I Ethanamine, N,N-diethyl-
I 1, 2—Ethanediamine, N, N-dimethyl-N’ -2-
pyridinyl-N’ - (2-thienylmethyl) -
I Ethane, 1,2-dibromo-
I Ethane, 1,1-dichloro-
I Ethane, 1,2—dichloro-
I Ethane, hexachloro-
I Ethane, 1,1’— [ methylenebis
I (oxy))bis(2—chloro-
I Ethane, 1,1’—oxybis— (I)
I Ethane, 1,1’-oxybis [ 2-chloro-
I Ethane, pentachloro-
I Ethane, 1,1,1,2—tetrachioro—
I Ethane, 1,1,2,2—tetrachioro—
I Ethanethioamide
I Ethane, 1,1,1-trichloro—
I Ethane, 1,1,2—trichloro—
I Ethanimidothioic acid, N,N’- [ thiobis((methylimino)
I carbonyloxy]]bis-, dimethyl ester
I Ethanimidothioic acid, 2—(dimethylamino)--N—
I hydroxy-2-oxo-, methyl ester
I Ethanol, 2-ethoxy—
I Ethanol, 2,2’-(nitrosoirnino)bis—
I Ethanol, 2,2’-oxybis-, dicarbamate
I Ethanone, 1-phenyl-
I Ethene, chloro—
I Ethene, (2—chloroethoxy)-
I Ethene, 1,1—dichloro-
I Ethene, 1,2-dichloro-, CE)—
I Ethene, tetrachioro-
I Ethene, trichioro-
I Ethyl acetate (I)
I Ethyl acrylate (I)
I Ethyl carbamate (urethane)
I Ethyl ether (I)
I Ethylenebisdithiocarbamic acid, salts & esters
I Ethylene dibromide
I Ethylene dichloride
I Ethylene glycol monoethyl ether
Ethylene oxide (I,T)
I Ethylenethiourea
I Ethylidene dichioride
I Ethyl methacrylate
I Ethyl methanesulfonate
I Fluoranthene
I Formaldehyde
I Formic acid (C,T)
I Furan (I)
I 2—Furancarboxaldehyde (I)
I 2,5—Furandione
I Furan, tetrahydro-(I)
l Furfural (I)
I Furfuran (I)
I Glucopyranose,
U114 I (1}111—54—6
U067 I 106—93—4
U077 I 107—06—2
U359 I 110—80—5
U115 I 75—21—8
U116 I 96—45—7
U076 I 75—34—3
U118 97—63—2
U119 I 62—50—0
U120 I 206—44—0
U122 I 50—00—0
U123 I 64—18—6
U124 I 110—00—9
U125 I 98—01—1
U147 I 108—31—6
U213 I 109—99—9
U125 I 98—01—1
U124 I 110—00—9
U206 I 18883—66—4
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1200-I-I 1-02 Identification and Listing of Hazardous Wastc (Intcgratcd)http //www2 ,h env corn/products cgu/fcdst 9whe,o=(it_cid%3d1 I72)& pI&r_dateI999I I
I I 2—deoxy-2-(3-methyl-3-nitrosoureido)—, D-
0206 I 18883—66—4 I D—Glucose, 2-deoxy—2—
I I [ [ (methylnitrosoamino)carbonyl)amino]—
0126 I 765-34—4 I Glycidylaldehyde
0163 I 70-25—7 I Guanicline, N-methyl—N’—nitro—N—nitroso—
0127 I 118-74-1 I Hexachlorobenzene
0128 I 87-68—3 I Hexachiorobutadiene
0130 I 77-47—4 I Hexachiorocyclopentadiene
0131 67—72—1 I Hexachioroethane
0132 I 70-30—4 I Hexachiorophene
0243 I 1888-71—7 Hexachioropropene
0133 I 302—01—2 I Hydrazine (R,T)
0086 I 1615-80—1 I Hydrazine, 1,2-diethyl—
0098 I 57—14—7 I Hydrazine, 1,1-dimethyl—
0099 I 540—73—8 I Hydrazine, 1,2-dimethyl—
0109 I 122—66—7 I Hydrazine, 1,2—diphenyl—
0134 I 7664—39—3 I Hydrofluoric acid (C,T)
0134 I 7664—39—3 I Hydrogen fluoride (C,T)
0135 I 7783—06—4 I Hydrogen sulfide
0135 I 7783—06—4 I Hydrogen sulfide H(2)S
0096 I 80-15-9 I Hydroperoxide, 1-methyl—1—phenylethyl-(R)
0116 I 96—45—7 I 2—Imidazol id inethione
0137 I 193—39—5 I Indeno(1,2,3—cd)pyrene
0190 85—44—9 I 1,3—Isobenzofurandione
0140 I 78—83—1 I Isobutyl alcohol (I,T)
ti14]. 120—58—1 I Isosafrole
0142 I 143—50—0 I Kepone
0143 I 303—34—4 I Lasiocarpine
0144 301—04—2 I Lead acetate
0146 I 1335—32—6 I Lead, bis(acetato—0)tetrahydroxytri-
0145 I 7446—27—7 I Lead phosphate
0146 I 1335—32—6 I Lead subacetate
0129 I 58—89—9 I Lindane
0163 I 70—25—7 I MNNG
0147 108-31—6 I Maleic anhydride
0148 I 12 —33—1 I Maleic hydrazide
0149 I 109—77—3 I Malononitrile
1 )150 I 148—82—3 I Melphalan
0151 I 7439—97—6 I Mercury
0152 126—98—7 I Methacrylonitrile (I,T)
1)092 I 124—40—3 I Methanamine, N—methyl— (I)
0029 74—83—9 I Methane, bromo-
1)045 I 74—87—3 I Methane, chioro- (I,T)
0046 I 107-30-2 I Methane, chloromethoxy-
0068 I 74—95—3 I Methane, dibromo—
0080 I 75—09-2 I Methane, dichloro-
0075 I 75—71-8 I Methane, dichlorodifluoro—
0138 I 74—88—4 I Methane, jodo—
0119 I 62—50—0 I Methanesulfonic acid, ethyl ester
0211 I 56—23—5 I Methane, tetrachioro—
0153 I 74—93—1 I Methanethiol (I,T)
1)225 I 75—25-2 I Methane, tribrorno—
1)044 I 67—66-3 I Methane, trichioro—
0121 I 75—69—4 I Methane, trichiorofluoro—
1)036 I 57—74—9 I 4,7—Methano—1H—indene, 1,2,4,5,6,7,8,8
I I —octachloro—2,3,3a,4,7,7a—hexahydro-
0154 I 67—56—1 I Methanol (I)
0155 91—80-5 I Methapyrilene
0142 I 143—50-0 I 1,3,4—Metheno-2H—cyclobuta [ cd]pentalen-
I I 2—one, 1,la,3,3a,4,5,5,5a,5b,6
I I —decachloroctahydro-
0247 I 72-43-5 I Methoxychlor
1)154 I 67—56—1 I Methyl alcohol (I)
1)029 I 74—83-9 I Methyl bromide
1)186 I 504—60—9 I 1—Methylbutadiene (I)
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U045 I 74—87—3 I Methyl chloride (I,T)
U156 I 79—22—1 I Methyl chlorocarboriate (I,T)
U226 I 7 1- 55—6 I Methyl chloroform
U157 I 56—49—5 3—Methylcholanthrene
U158 I 101—14—4 I 4,4—Methylenebis(2—chloroariiline)
U068 I 74-95—3 I Methylene bromide
U080 I 75—09—2 I Methylene chloride
U159 I 78—93—3 I Methyl ethyl ketorie (MEK) (I,T)
11160 I 1338-23-4 I Methyl ethyl ketone peroxide (R,T)
11138 I 74—88—4 I Methyl iodide
11161 I 108—10—1 I Methyl isobutyl ketone (I)
11162 80-62—6 I Methyl methacrylate (I,T)
0161 I 108—10—1 I 4—Methyl—2—pentanone (I)
0164 I 56—04—2 I Methylthiouracil
0010 50—07—7 I Mitomycin C
0059 I 20830—81—3 I 5,12-Naphthacenedione,
I 8—acetyl—lO-- ( (3—amino—2, 3, 6—trideoxy) —
I I alpha-L-lyxo-hexopyranosyl)oxyl]-7, 8,9,
I I l0-tetrahydro—6, 8, li—trihydroxy-
I I 1-methoxy-, (8S—cis)—
0167 I 134—32—7 I 1-Naphthalenamine
0168 I 91—59—8 2-Naphthalenamine
0026 I 494—03—1 I Naphthalenamine, N,N’—bis(2—chloroethyl)-
0165 I 91—20—3 I Naphthalene
0047 I 91—58—7 I Naphthalene, 2—chioro—
0166 I 130—15—4 I l,4—Naphthalenedione
0236 72—57—1 I 2,7—Naphthalenedisulfonic acid,
I I 3,3’—((3,3’—dimethyl
I [ 1,1’—biphenyl)—4,4’—diyl)bis
I I Iazo)bis [ 5-am ino—4-hydroxy)—,
I tetrasodium salt
0279 I 63—25—2 l—Naphthalenol, methylcarbamate
0166 130—15—4 l,4—Naphthoquirione
0167 I 134—32—7 alpha—Naphthylamine
0168 I 91-59-8 I beta—Naphthylamine
0217 10102—45—1 I Nitric acid, thallium(1+) salt
11169 I 98—95—3 I Nitrobenzene (I,T)
0170 I 100—02—7 I p—Nitrophenol
0171 I 79—46—9 I 2—Nitropropane (I,T)
0172 924-16—3 I N-Nitrosodi—n-butylamine
0173 I 1116-54—7 I N-Nitrosodiethanolamine
0174 I 55-18—5 I N-Nitrosodiethylamine
11176 759—73—9 I N—Nitroso—N-ethylurea
0177 684-93—5 I N-Nitroso-N-methylurea
0178 I 615-53—2 I N-Nitroso-N-methylurethane
0179 I 100—75—4 I N—Nitrosopiperidine
U180 I 930—55—2 I N—Nitrosopyrrolidine
0181 I 99—55—8 5—Nitro—o--toluidine
0193 I 1120—71—4 I l,2—Oxathiolane,2,2—diox ide
0058 I 50-18-0 I 2H-1,3,2-Oxazaphosphorin—2—amine, N,N
I I -bis(2-chloroethyl)tetrahydro-, 2-oxide
0115 I 75—21—8 I Oxirane (I,T)
0126 765-34—4 I Oxiranecarboxyaldehyde
004]. I 106—89—8 I Oxirane, (chloromethyl)—
0182 I 123—63—7 I Paraldehyde
0183 I 608-93—5 j Pentach lorobenzene
0184 I 76-01-7 I Pentachloroethane
11185 82-68-8 I Pentachloronitrobenzene (PCNB)
See 87-86-5 I Pentachlorophenol
F027 I I
11161 I 108—10—1 I Pentanol, 4—methyl-
11186 I 504—60—9 I 1,3—Pentadiene (I)
11187 62—44—2 I Phenacetirt
11188 I 108—95—2 I Phenol
0048 95—57—8 I Phenol, 2-chioro-
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U039 I 59-50—7 I Phenol, 4-chloro—3-methyl—
U081 I 120—83—2 I Phenol, 2,4—dichloro—
0082 I 87-65—0 I Phenol, 2,6-dichioro-
0089 I 56—53—1 I Phenol, 4,4’—(1,2—diethyl—1,2—ethenediyl)
I I bis—, CE)—
0101 I 105—67—9 I Phenol, 2,4—dimethyl—
0052 I 1319—77-3 I Phenol, methyl—
0132 I 70—30—4 I Phenol, 2,2’—methylenebis [ 3,4,6-trichloro—
0411. I 114-26—1 I Phenol, 2-(1—methylethoxy)-, methyicarbamate
0170 I 100—02—7 I Phenol, 4—rtitro—
See I 87-86—5 I Phenol, pentachioro—
F027 I I
See I 58-90—2 I Phenol, 2,3,4,6—tetrachioro—
F027 I I
See I 95—95—4 I Phenol, 2,4,5—trichioro-
F027 I I
See I 88—06—2 I Phenol, 2,4,6—trichloro—
F027 I I
0150 I 148—82—3 I L—Pheriylalanine, 4— [ bis(2—chloroethyl)
I I amino]-
0145 I 7446—27—7 I Phosphoric acid, lead(2+) salt (2:3)
0087 I 3288-58-2 I Phosphorodithioic acid, 0,0-diethyl
I I S-methyl ester
0189 I 1314—80—3 I Phosphorus sulfide CR)
0190 I 85—44—9 I Phthalic anhydride
0191 I 109—06—8 I 2—Picoline
U179 I 100—75—4 I Piperidine, 1—nitroso—
0192 I 23950—58—5 I Pronamide
0194 I 107—10—8 I 1—Propanamine (I,T)
0111 621-64-7 I 1-Propanamine, N—nitroso—N-propyl-
0110 I 142—84-7 I 1—Propanamine, N—propyl- CI)
0066 I 96—12—8 I Propane, 1,2—dibromo—3—chloro—
0083 I 78-87—5 I Propane, ].,2—dichloro—
U149 109-77—3 I Propanedinitrile
0171 I 79-46—9 I Propane, 2—nitro— (I,T)
0027 I 108—60—1 I Propane, 2,2’—oxybis(2—chloro—
0193 I 1120-71—4 I 1,3—Propane sultone
See I 93—72—1 I Propanoic acid, 2—(2,4,5—trichloro-
F027 I I phenoxy)-
0235 I 126—72—7 I 1—Propanol, 2,3—dibromo—, phosphate (3:1)
0140 I 78—83-1 1—Propanol, 2—methyl— (I,T)
0002 I 67—64—1 I 2—Propanone (I)
0007 I 79—06—1 I 2—Propenamide
0084 I 542—75—6 I 1—Propene, 1,3—dichioro-
0243 I 1888—71—7 I 1—Propene, 1,1,2,3,3,3—hexachloro-
0009 I 107—13—1 I 2—Propenenitrile
0152 I 126—98—7 I 2—Propenenitrile, 2—methyl— (I,T)
0008 I 79—10—7 I 2—Propenoic acid (I)
0113 I 140—88—5 I 2—Propenoic acid, ethyl ester (I)
0118 I 97—63—2 I 2—Propenoic acid, 2—methyl—, ethyl ester
0162 I 80—62—6 f 2—Propenoic acid, 2—methyl-, methyl ester (I,T)
0373 122—42—9 I Propham
U411 I 114—26—1 I Propoxur
0194 I 107—10—8 I n—Propylamine (I,T)
0083 I 78—87—5 I Propylene dichloride
0387 52888—80—9 I Prosulfocarb
0148 I 123-33—1 I 3,6—Pyridazinedione, 1,2—dihydro—
0196 I 110—86--i I Pyridine
0191 I 109—06—8 I Pyridine, 2—methyl—
0237 66—75—1 I 2,4—(1H,3H)—Pyrimidinedione,
I I 5— [ bis(2-chloroethyl)amino]-
0164 I 56—04—2 I 4(1H)—Pyrimidinone,
I I 2, 3-dihydro-6-methyl-2-thioxo—
0180 I 930-55—2 I Pyrrolidine, 1—nitroso—
0200 50—55—5 I Reserpine
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0201 I 108—46—3 Resorcinol
0202 I (l}81—07-2 I Saccharin, & salts
0203 I 94—59- 7 I Safrole
0204 I 7783—00—8 I Selenious acid
0204 I 7783—00—8 I Selenium dioxide
0205 I 7488—56-4 I Selenium sulfide
0205 I 7488—56-4 I Selenium sulfide SeS(2) (R,T)
0015 I 115—02—6 I L—Serine, diazoacetate (ester)
See I 93—72—1 I Silvex (2,4,5—TP)
F027 I I
U206 I 18883—66—4 I Streptozotocin
0103 I 77—78—1 I Sulfuric acid, dimethyl ester
0189 I 1314—80—3 I Sulfur phosphide (R)
See I 93—76—5 I 2,4,5—P
F027 I I
0207 I 95—94—3 l,2,4,5—Tetrachlorobenzene
0208 I 630—20—6 I l,1,l,2—Tetrachloroethane
0209 I 79—34-5 I 1,l,2,2—Tetrachloroethane
0210 I 127—18-4 I Tetrachloroethylene
See I 58—90-2 I 2,3,4,6—Tetrachlorophenol
F027 I I
0213 I 109—99-9 I Tetrahydrofuran (I)
0214 I 563—68—8 I Thallium(I) acetate
0215 I 6533—73—9 I Thallium(I) carbonate
0216 I 7791—12-0 I Thallium(I) chloride
0216 I 7791-12-0 I Thallium chloride T1C1
0217 I 10102—45-1 I Thallium(I) nitrate
0218 I 62-55—5 I Thioacetamide
0410 I 59669—26—0 I Thiodicarb
0153 I 74—93-1 I Thiomethanol (I,T)
0244 I 137-26-8 I Thioperoxydicarbonic diamide
I I ((H(2)N)C(S)](2)S(2), tetramethyl—
0409 I 23564—05-8 I Thiophanate -methyl
0219 I 62-56-6 I Thiourea
0244 I 137—26—8 I Thiram
0220 I 108—88—3 I Toluene
0221 I 25376—45—8 I Toluenediamine
0223 26471—62—5 I Toluene diisocyanate (R,T)
0328 I 95—53—4 I o—Toluidine
0353 I 106—49-0 I p—Toluidine
0222 I 636-21-5 I o—Toluidine hydrochloride
0389 I 2303—17-5 I Triallate
0011 I 61—82—5 I 1H—1,2,4—Tnazol—3—amine
0227 I 79-00-5 I 1, 1,2—Trichioroethane
0228 I 79—01—6 Trichloroethylene
0121 I 75—69-4 I Trichioromonofluoromethane
See I 95—95-4 I 2,4,5—Trichiorophenol
F027 I
See I 88-06-2 I 2,4,6—Trichlorophenol
F027 I I
0404 I 121—44-8 I Triethylamine
0234 I 99—35—4 I 1,3,5—Trinitrobenzene (R,T)
0182 I 123—63—7 I 1,3,5—Trioxane, 2,4,6—trimethyl—
0235 I 126—72—7 I Tris(2,3-dibromopropyl) phosphate
0236 I 72—57-1 I Trypan blue
0237 I 66—75—1 I Uracil mustard
0176 I 759—73-9 I Urea, N—ethyl—W-nitroso-
0177 I 684—93-5 I Urea, N—methyl—N—nitroso-
0043 I 75—01-4 I Vinyl chloride
0248 I (1)81—81—2 I Warfarin, & salts, when present at
I I concentrations of 0.3% or less
0239 I 1330—20-7 I Xylene (I)
13200 p 50—55—5 I Yohimban—l6-carboxylic acid, 11,17-
I I dimethoxy—18— [ (3,4,5—tri—
I I methoxybenzoyl)oxy]-, methyl ester,
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I I (3beta, l6beta, l7alpha, l8beta, 20alpha)
U249 I 1314—84-7 I Zinc phosphide, Zn(3)P(2), when present at
I I concentrations of 10% or less.
(I } CAS Number given for parent compound only
(e) (Reserved) [ 40 C F R 261 34]
(f) Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement [ 40
CFR 261 35]
1 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 parts 2 and 3 of this subparagraph These wastes may, however, continue to meet
another hazardous waste listing description or may exhibit one or more of the hazardous waste
characteristics
2 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 trarns, 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
(i) 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
(Ill) Document cleaning and replacement in accordance with this section, carried Out after termination of
use of chlorophenolic preservations
(ii) Cleaning Requirements
(1) Prepare and sign a written equipment cleaning plan that describes
1 The equipment to be cleaned,
11 How the equipment will be cleaned,
III The solvent to be used in cleaning,
1V How solvent rinses will be tested, and
V How cleaning residues will be disposed -
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(11) Equipnient must be cleaned as follows
I Remove all visible residues from process equipment,
11 Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected
in the final solvent rinse
(ill) Analytical requirements
I Rinses must be tested in accordance with SW-846, Method 8290
El Not detecte& means at or below the lower method calibration limit (MCL) in Method 8290, Table I
(IV) The generator must manage all residues from the cleaning process as F032 waste
(iii) Replacement requirements
(1) Prepare and sign a written equipment replacement plan that describes
I The equipment to be replaced,
II How the equipment will be replaced, and
ill How the equipment will be disposed
(ii) The generator must manage the discarded equipment as F032 waste
(iv) 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
3 The generator must maintain the following records documenting the cleaning and replacement as part
of the facility’s operating record
(i) The name and address of the facility,
(ii) Formulations previously used and the date on which their use ceased in each process at the plant,
(iii) Formulations currently used in each process at the plant,
(iv) The equipment cleaning or replacement plan,
(v) The name and address of any persons who conducted the cleaning and replacement,
(vi) The dates on which cleaning and replacement were accomplished,
(vii) The dates of sampling and testing,
(viii) A description of the sample handling and preparation techniques, including techniques used for
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extraction, containerization, preservation, and chain-of-custody of the samples,
(ix) A description of the tests performed, the date the tests were performed, and the results of the tests,
(x) The name and model numbers of the instrument(s) used in performing the tests,
(xi) QA/QC documentation, and
(xii) The following statement signed by the generator or his authorized representative
“1 certify under penalty of law that all process equipment required to be cleaned or replaced under Rule
1200- I-I I - 02(4)(f) was cleaned or replaced as represented in the equipment cleaning and replacement
plan and accompanying documentation 1 am aware that there are significant penalties for providing false
information, including the possibility of fine or imprisonment”
(g) (Reserved) [ 40 C FR 261 36]
(h) (Reserved) [ 40 C F R 261 37]
(i) Comparable/Syngas Fuel Exclusion [ 40 CF R 261 38]
Wastes that meet the following comparable/syngas fuel requirements are not solid wastes
I Comparable fuel specifications
(i) Physical specifications
(1) Heating value The heating value must exceed 5,000 BTU/lbs (11,500 JIg)
(11) Viscosity The viscosity must not exceed 50 cs, as-fired
(ii) Constituent specifications For compounds listed in table I to this subparagraph the specification
levels and, where non-detect is the specification, minimum required detection limits are (see Table 1)
2 Synthesis gas fuel specifications
Synthesis gas fuel (I e, syngas fuel) that is generated from hazardous waste must
(i) Have a minimum Btu value of 100 Btu/scf (British thermal unit per standard cubic foot),
(ii) Contain less than I ppmv of total halogen,
(iii) Contain less than 300 ppmv of total nitrogen other than diatomic nitrogen (N(2)),
(iv) Contain less than 200 ppmv of hydrogen sulfide, and
(v) Contain less than I ppmv of each hazardous constituent in the target list of Appendix VIII
constituents of this Rule
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ENFLEX Note The following table is wider than your screen Please scroll right to see the entire table
Table I: Detection and Detection Limit Values for Comparable Fuel
Speci ficatiori
7440—36—0
7440—38—2
7 440—39—3
7440—41—7
7440—43—9
7440—47—3
7440—48—4
7439—92—1
7439—96—5
7439—97—6
7440—02—0
77 82—4 9—2
7440—22—4
74 40—2 8—0
56—55—3
7 1—4 3—2
205—99—2
2 07—08—9
50-32—8
218—01—9
53—70—3
57—97—6
206—44—0
193—39—5
56—49—5
91-20—3
108— 88—3
98—86—2
107—02—8
107— 18—6
117—81—7
8 5—68—7
95—48—7
108— 3 9—4
106—44—5
84 —7 4—2
Concentration limit
(mg/kg at 10,000
BTU/ lb)
1900
37
30
1900
1900
220
220
220
1900
Chemical name I CAS No.
25 or individual
halogenated organi
listed below.
Non-detect
Non-detect
Total Nitrogen as N
Total Halogens as Cl
Total Organic Halogens as
Polychiorinated biphenyls,
(Arocolors, total] (a)
Cyanide total
Metals:
Antimony, total
Arsenic, total
Barium, total
Beryllium, total
Cadmium, total
Chromium, total
Cobalt
Lead, total
Manganese
Mercury, total
Nickel, total
Selenium, total
Silver, total
Thallium, total
Hydrocarbons:
Benzo (a] anthracene
Benzene
Benzo(b] fluoranthene
Benzo(k] fluoranthene
Benzo (a] pyrene
Chrysene
Dibenzo (a, h) anthracene
7, 12-Dimethyl—benz (a) anthracene
Fluoranthene
Indeno(1, 2,3—cd) pyrene
3-Methyicholanthrene
Naphthalene
Toluene
Acetophenone
Ac role in
Allyl alcohol
Bis (2-ethyihexyl) phthalate (Di-2-
ethyihexyl phthalate]
Butyl benzyl phthalate
o-Cresol (2-Methyl phenol]
m-Cresol (3-Methyl phenol)
p-Cresol(4-Methyl phenol)
Di—n-butyl phthalate
I na I 4900
I na I 540
Cl I na I
total I 1336-36—3 I
57—12—5 I
I 7.9
0.23
I I 23
I I 1.2
I I 1.2
I I 2.3
I I 4.6
I I 31
I I 1.2
I I 0.24
I 58
I I 0.15
I I 2.3
I 23
I I 1100
I I 4100
I 960
I I 1900
I I 960
I I 1400
I I 960
I 1900
I I 1900
I I 960
I I 1900
I I 3200
I I 36000
Oxygetes:
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Diethyl phthalate I 84—66—2 I 1900
2,4—Dimethyiphenol 105—67—9 I 1900
Dimethyl phthalate J 131—11—3 I 1900
Di—n—octyl phthalate I 117—84—0 I 960
Endothall I 145—73—3 I 100
Ethyl methacrylate I 97—63—2 I 37
2-Ethoxyethanol [ Ethylene glycol I 110—80—5 I 100
monoethyl ether] I
Isobutyl alcohol I 78—83—1 I 37
Isosafrole I 120—58—1 I 1900
Methyl ethyl ketone [ 2-Butanone] I 78-93—3 I 37
Methyl rnethacrylate I 80—62—6 I 37
l,4—Naphthoquinorie I 130—15—4 I 1900
Phenol I 108—95—2 I 1900
Propargyl alcohol (2—Propyn-l—ol] I 107—19—7 I 30
Safrole I 94—59—7 I 1900
Sulfoted Organics: I I
Carbon disulfide I 75-15—0 I Non-detect
Disulfoton 298-04—4 I Non-detect
Ethyl methanesulfonate I 62-50—0 I Non-detect
Methyl methanesulfonate I 66-27-3 I Non—detect
Phorate I 298-02—2 I Non-detect
1,3-Propane sultone I 1120—71—4 I Non-detect
Tetraethyldithiopyrophosphate I 3689—24—5 I Non—detect
[ Sulfotepp] I I
Thiophenol [ Benzenethiol] I 108-98—5 I Non—detect
0, 0, 0-Triethyl phosphorothioate I 126—68—1 I Non—detect
Nitrogenated Organics: I I
Acetonitrile [ Methyl cyanide] I 75-05—8 I Non-detect
2-Acetylaminofluorene [ 2-AAF] I 53-96—3 I Non-detect
Acrylonitrile I 107—13—1 I Non—detect
4-Aminobiphenyl I 92—67—1 I Non—detect
4-Aminopyridine I 504—24—5 I Non-detect
Aniline I 62—53—3 I Non—detect
Benzidine I 92-87—5 I Non-detect
Dibenz [ a,j)acridine I 224-42—0 I Non-detect
0,0-Diethyl 0-pyrazinyl phophoro- I 297-97-2 I Non—detect
thioate [ Thionazin] I I
Dimethoate I 60-51—5 I Non-detect
p-(Dimethylamino)azobenzene I 60-11-7 I Non-detect
[ 4-Dimethylaminoazobenzene] I I
3,3-D imethylbenzidine 119-93-7 I Non-detect
a,a—Dimethylphenethylamine 122-09—8 I Non-detect
3,3’-Dimethoxybenzidine 119—90-4 I Non—detect
1,3-Dinitrobenzene I 99—65-0 I Non—detect
[ m-Dinitrobenzene] I I
4,6-Dinitro—o—cresol I 534-52-1 I Non—detect
2,4-Dinitrophenol I 51-28-5 I Non—detect
2,4-Dinitrotoluene I 121-14-2 Non—detect
2,6-Dinitrotoluene I 606—20—2 I Non—detect
Dinoseb [ 2-sec-Butyl—4,6- I 88-85—7 I Non-detect
dinitrophenol] I I
Diphenylamine I 122-39-4 I Non-detect
Ethyl carbamate [ Urethane) I 51—79-6 I Non-detect
Ethylenethiourea I 96—45-7 I Non—detect
(2—Im idazolid inethione) I I
Famphur I 52—85—7 I Non—detect
Methacrylonitrile I 126-98—7 I Non—detect
Methapyrilene I 91-80—5 I Non—detect
Methomyl I 16752-77-5 I Non—detect
2-Methyllactonitrile [ Acetone I 75-86-5 Non-detect
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cyanohyd-rin) I I
Methyl parathion I 298—00-0 I Non-detect
MNNG (N-Metyl-N—nitroso-N’-- I 70—25—7 I Non-detect
nitroguanidine) . I I
l-Naphthylamine, [ a-Naphthylamine] I 134—32—7 I Non—detect
2-Naphthylamine, B—Naphthylamine] I 91—59-8 Non—detect
Nicotine I 54—11-5 I Non—detect
4—Nj.troaniline, (p—Nitroaniline] I 100—01—6 I Non—detect
Nitrobenzene 98—95—3 I Non-detect
p-Nitrophenol, [ p-Nitrophenol] I 100—02-7 I Non—detect
5-Nitro-o—toluidine I 99-55-8 I Non-detect
N-Nitrosodi—n-butylamine I 924-16-3 I Non-detect
N-Nitrosodiethylamine I 55—18—5 I Non-detect
N-NitrosodJ .phenylamine, I 86—30-6 I Non-detect
[ Diphenylnitrosamine] I I
N-Nitroso-N—methylethylamine I 10595—95-6 I Non-detect
N-Nitrosomorpholine I 59-89-2 I Non—detect
N-Nitrosopiperidine I 100—75-4 I Non-detect
N-Nitrosopyrrolidine I 930—55-2 I Non-detect
2-Nitropropane I 79—46-9 I Non-detect
Parathion I 56-38-2 I Non—detect
Phenacetin I 62-44—2 I Non—detect
1,4—Phenylene diainine I I
(p-Phenylenediamine] I 106-50-3 I Non—detect
N-Phenylthiourea I 103—85—5 I Non—detect
2-Picoline [ alpha—Picoline] I 109-06—8 I Non—detect
Propythioracil [ 6-Propyl- I I
2-thiouracil] I 51—52—5 I Non—detect
Pyridine I 110-86-1 I Non—detect
Strychnine 57-24-9 I Non—detect
Thioacetamide I 62-55—5 I Non—detect
Thiofanox 39196-18—4 I Non—detect
Thiourea I 62-56—6 I Non—detect
Toluene-2,4—diamine I I
[ 2,4—Diaminotoluene] I .95-80-7 I Non-detect
Toluene—2,6—diarnine I I
[ 2,6—Dialflinotoluene] I 823—40—5 I Non—detect
o-Toluidine I 95-53—4 I Non-detect
p-Toluidine I 106-49-0 I Non—detect
1,3,5-Trinitrobenzene, 99-35—4 I Non-detect
(symTrinitrobenzene] I I
Halogenated Organics(b}: I I
Allyl chloride I 107—05-1 I Non—detect
Aramite I 104—57-8 I Non—detect
Benzal chloride (Dichloromethyl I 98—87-3 I
benzene] I I Non-detect
Benzyl chloride I 100-44-77 I Non-detect
Bis(2-chloroethyl)ether I I
[ Dichioroethyl I 111—44-4 I Non-detect
ether) I I
Bromoform (Tribromomethane] I 75-25-2 I Non-detect
Bromomethane [ Methyl bromide] 74-83—9 I Non-detect
4-Bromophenyl phenyl ether I I
[ p-Bromo diphenyl ether) I 101-55-3 I Non-detect
Carbon tetrachioride I 56—23-5 I Non—detect
Chiordane I 57—74—9 I Non—detect
p-Chloroaniline I 106—47-8 I Non—detect
Chlorobenzene I 108-90-7 I Non-detect
Chlorobenzilate I 510-15-6 I Non-detect
p-Chloro-m—cresol I 59-50-7 I Non-detect
2-Chioroethyl vinyl ether I 110—75—8 I Non-detect
Chloroform I 67-66-3 I Non-detect
Chloromethane [ Methyl chloride] I 74-87—3 I Non—detect
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2-Chlorophthalene I I
[ beta-Chlorophthalene] I 91-58—7 I Non-detect
2-Chlorophenol (o—Chlorophenol) I 95—57-8 I Non-detect
Chloroprene [ 2-Chloro-l,3- I 1126-99-8 I Non-detect
butadi.ene) I I
2,4-D [ 2,4-Dichiorophenoxyacetic I 94—75-7 I Non—detect
acid] I I
Diallate I 2303—16—4 I Non—detect
1,2—Dibromo—3-chloropropane I 96-12-8 I Non-detect
1,2-Dich lorobenzene I 95—50-1 I Non—detect
[ o—Dich lorobenzene] I I
1,3-Dich lorobenzene I 541—73—1 Non—detect
[ m-Dichlorobenzene] I I
1,4-Dich lorobenzene I 106—46-7 I Non—detect
[ p-Dich lorobenzene) I I
3,3’—Dich lorobenzidine I 91-94-1 I Non-detect
Dichlorodifluoromethane [ CFC-12] I 75-71—8 I Non—detect
1,2—Dichioroethane I 107—06—2 I Non—detect
[ Ethylene dichloride] I I
1,1-Dichloroethylene [ Vinylidene I 75-35-4 I Non—detect
chloride) I I
Dichloromethoxy ethane I I
[ Bis(2—chloroethoxy)methane I 111-91-1 I Non-detect
2,4-Dichiorophenol I 120—83-2 I Non-detect
2,6-Dichiorophenol I 87-65-0 I Non—detect
1,2-Dichloropropane [ Propy lene I 78-87-5 I Non-detect
dichioride] I I
cis-1,3-Dichloropropy lene I 10061-01-5 I Non—detect
trans—I, 3—Dichioropropylene I 10061—02-6 I Non-detect
1,3-Dichloro-2-propanol I 96-23-1 I Non—detect
Endosulfan I I 959—98-8 Non—detect
Endosulfan II I 33213—65-9 I Non—detect
Endrin I 72-20-8 I Non—detect
Endrin aldehyde I 7421-93-4 I Non-detect
Endrin Ketone I 53494-70-5 I Non-detect
Epichiorohydrin [ 1-Chloro-2,3- I 106—89-8 I Non—detect
epoxy propane) I I
Ethylidene dichloride [ 1,1- I 75—34-3 Non—detect
Dichioroethane] I I
2—Fluoroacetamide I 640—19-7 I Non—detect
Heptachlor I 76-44-8 I Non—detect
Heptachior epoxide I 1024-57-3 I Non—detect
Hexachlorobenzene I 118-74-1 I Non—detect
Hexachloro-1,3-butadiene I 87-68-3 I Non-detect
[ Hexachiorobutadiene) I I
Hexachlorocyclopentadiene I 77-47-4 I Non—detect
Hexachloroethane I 67-72-1 I Non-detect
Hexachiorophene I 70—30-4 I Non-detect
Hexachioropropene I I
(Hexachloropropylene] I 1888—71-7 I Non-detect
Isodrin I 465—73-6 I Non-detect
Kepone (Chiordecone) I 143—50-0 I Non—detect
Lindane [ gamma- I 58-89-9 I Non—detect
Hexachlorocyclohexane) [ gamma— I I
BHC] I I
Methylene chloride I I
[ Dichioromethane] I 75-09-2 I Non-detect
4,4’-methylene-bis(2— I 101-14-4 I Non—detect
chioroaniline) I I
Methyl iodide (lodomethane) I 74-88-4 I Non-detect
Pentachlorobenzene I 608-93-5 I Non-detect
Pentachioroethane I 76-01-7 I Non—detect
Pentachloronitrobenzene [ PcNB] I 82-68-8 I Non—detect
[ Quintobeuzene] [ Quintozene) I I
Pentachlorophenol I 87-86-5 I Non—detect
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Pronamide I 23950—58—5 I Non—detect
Silvex [ 2,4,5— I 93—72—1 I Non—detect
TrichlorophenoxyprOpioriic acid] I I
2,3,7,8—Tetrachlorodibenzo—p— I I
dioxin j 1746-01-6 I Non—detect
[ 2,3..7,8—TCDD] I
1,2,4,5-Tetrachlorobenzene I 95—94—3 I Non-detect
1,1,2,2-Tetrachloroethane I 79—34-5 I Non-detect
Tetrachloroethylene I
(Perchloroethylene] I 127—18—4 Non-detect
2,3,4,6—Tetrachlorophenol I 58—90—2 Non—detect
1,2,4-Trichlorobenzene I 120—82-1 I Non-detect
1,1,1—Trichloroethane I 71-55—6 I Non—detect
(Methyl chloroform] I I
1,1,2—Trichloroethane I 79—00-5 Non-detect
[ Vinyl trichioride) I I
Trichloroethylene I 79-01-6 I Non-detect
Trichlorofluoromethane I 75-69—4 I Non-detect
[ Trichlormonofluoro-methane] I I
2,4,5-Tr ichiorophenol I 95-95—4 I Non-detect
2,4,6-Trichiorophenol I 88—06—2 I Non—detect
l,2,3—Tr ichloropropane I 96-18—4 I Non-detect
Vinyl Chloride I 75-01-4 I Non-detect
{ a) Absence of PCBs can also be demonstrated by using appropriate screening methods, e g,
immunoassay kit for PCB in oils (Method 4020) or colorimetric analysis for PCBs in oil (Method 9079)
{b} Some minimum required detection limits are above the total halogen liinit of 540 ppm The detection
limits reflect what was achieved during EPA testing and analysis and also analytical complexity associated
with measuring all halogen compounds on Appendix VIII at low levels EPA recognizes that in practice
the presence of these compounds will be functionally limited by the molecular weight and the total
halogen limit of 540 ppm
3 Implementation
Waste that meets the comparable or syngas fuel specifications provided by parts I or 2 of this
subparagraph (these constituent levels must be achieved by the comparable fuel when generated, or as a
result of treatment or blending, as provided in subparts 3(iii) or (iv) of this subparagraph) is excluded
from the definition of solid waste provided that the following requirements are met
(i) Notices
For purposes of this subparagraph, 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
(1) Commissioner, Department of Environment and Conservation (Director, Division of Solid Waste
Management and Director of Division of Air Pollution Control)
1 The generator must submit a one-time notice to the Commissioner and Directors of Solid Waste
Management and Air Pollution Control, 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 subitem 3(i)(1)1lI of this subparagraph,
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ii 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,
111 A comparable/syngas fuel generator’s notification to the Commissioner must contain the following
items
A The name, address, and Installation Identification number of the person/facility claiming the exclusion,
B The applicable Hazardous Waste Codes for the hazardous waste,
C Name and address of the units, meeting the requirements of subpart 3(u) of this subparagraph, that will
bum the comparable/syngas fuel, and
D 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, 1 certify that the requirements of Rule 1200-1-1 I- 02(4)(i) have been met
for all waste identified in this notification Copies of the records and information required at Rule
1200-1-I 1- 02(4)(i)3(x) 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
(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
I Name, address, and installation identification number of the generating facility,
II Name and address of the unit(s) that will burn the comparable/syngas fuel,
Iii A brief, general description of the manufacturing, treatment, or other process generating the
comparable/syngas fuel,
IV An estimate of the average and maximum monthly and annual quantity of the waste claimed to be
excluded, and
V Name and mailing address of the Commissioner to whom the claim was submitted
(ii) Burning
The comparable/syngas fuel exclusion for fuels meeting the requirements of parts I or 2 and subpart 3(i)
of this subparagraph 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 Clean Air Act, Maximum
Achievable Control Technologies (CAA MACT) requirements
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(1) Industrial furnaces as defined in Rule 1200-i-Il- Ol(2)(a),
(II) Boilers, as defined in Rule 1200-I-I I- Ol(2)(a), that are further defined as follows
I 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
11 Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for
sale,
(lU) Hazardous waste incinerators subject to regulation under Rule 1200-I-lI- 05(15) or Rule
1200- I - I I - 06(15) or applicable CAA MACT standards
(iii) Blending to meet the viscosity specification
A hazardous waste blended to meet the viscosity specification shall
(1) As generated and prior to any blending, manipulation, or processing meet the constituent and heating
value specifications of item 1(i)(1) and subpart 1(u) of this subparagraph,
(11) Be blended at a facility that is subject to the applicable requirements of Rules 1200-1-1 I - 05 and 06,
or Rule 1200-I-I 1- 03(4)(e), and
(111) Not violate the dilution prohibition of subpart 3(vi) of this subparagraph
(iv) Treatment to meet the comparable fuel exclusion specifications
(1) A hazardous waste may be treated to meet the exclusion specifications of subparts 1(i) and (ii) of this
subparagraph provided the treatment
I Destroys or removes the constituent listed in the specification or raises the heating value by removing
or destroying hazardous constituents or materials,
II is performed at a facility that is subject to the applicable requirements of Rules 1200- I - I I - 05 and 06,
or Rule 1200-1-Il- 03(4)(e), and
Ill Does not violate the dilution prohibition of subpart 3(vi) of this subparagraph
( [ 1) Residuals resulting from the treatment of a hazardous waste listed in paragraph 4 of this Rule to
generate a comparable fuel remain a hazardous waste
(v) Generation of a syngas fuel
(1) A syngas fuel can be generated from the processing of hazardous wastes to meet the exclusion
specifications of part 2 of this subparagraph provided the processing
I Destroys or removes the constituent listed in the specification or raises the heating value by removing
or destroying constituents or materials,
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[ 1 is performed at a facility that is subject to the applicable requirements of Rules 1200-1- 1 I - 05 and 06,
or Rule 1200-1-I I- 03(4)(e), or is an exempt recycling unit pursuant to part(l)(f)3 of this Rule, and
III Does not violate the dilution prohibition of subpart 3(vi) of this subparagraph
(Ii) Residuals resulting from the treatment of a hazardous waste listed in paragraph 4 of this Rule to
generate a syngas fuel remain a hazardous waste
(vi) Dilution prohibition for comparable and syngas fuels
No generator, transporter, handier, 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 item 1(i)(1), subpart 1(u) or
part 2 of this subparagraph
(vii) 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
(1) At a minimum, the plan must specify
I The parameters for which each hazardous waste will be analyzed and the rationale for the selection of
those parameters,
11 The test methods which will be used to test for these parameters,
lii The sampling method which will be used to obtain a representative sample of the waste to be
analyzed,
[ V 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
V 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
I The dates and times waste samples were obtained, and the dates the samples were analyzed,
II The names and qualifications of the person(s) who obtained the samples,
Ill A description of the temporal and spatial locations of the samples,
IV The name and address of the laboratory facility at which analyses of the samples were performed,
V A description of the analytical methods used, including any clean-up and sample preparation methods,
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VI 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,
Vii All laboratory results demonstrating that the exclusion specifications have been met for the waste,
and
Viii 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 subpart 3(xi) of this subparagraph and also provides for the availability of the
documentation to the claimant upon request
(ill) 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 item
3(vii)(1) of this subparagraph 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
(viii) 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 Rule, 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
1 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 Rule 1200-I-li- l0(3)(a),
Ii A constituent detected in previous analysis of the waste,
ill Constituents introduced into the process that generates the waste, or
IV Constituents that are byproducts or side reactions to the process that generates the waste
Note to subpart 3(viii) Any claim under this subparagraph 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 item 3(viii)(1) of this subparagraph and must test to determine that all
of the constituent specifications of subpart 1(u) and part 2 of this subparagraph have been met
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(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
I Each constituent of concern is not present in the waste above the specification level at the 95% upper
confidence limit around the mean, and
II 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
(1V) Nothing in this item preempts, overrides or otherwise negates the provision in Rule
1200-I-I 1- 03(l)(b), 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 subpart 3(vii) of this subparagraph
(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
I Analyze the fuel as generated to ensure that it meets the constituent and heating value specifications,
and
11 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
(ix) Speculative accumulation
Any persons handling a comparable/syngas fuel are subject to the speculative accumulation test under
subpart 02(1 )(b)3(iv)
(x) 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
I The owner/operator name, address, and facility Installation ID number of the person claiming the
exclusion,
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11 The applicable Hazardous Waste Codes for each hazardous waste excluded as a fuel, and
iii 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 item 3(viii)(1) of this subparagraph,
(V) The results of all analyses and all detection limits achieved as required under subpart 3(viii) of this
subparagraph,
(Vi) if the excluded waste was generated through treatment or blending, documentation as required
under subpart 3(iii) or (iv) of this subparagraph,
(VII) if the waste is to be shipped off-site, a certification from the burner as required under subpart 3(xii)
of this subparagraph,
(Viii) A waste analysis plan and the results of the sampling and analysis that includes the following
1 The dates and times waste samples were obtained, and the dates the samples were analyzed,
Ii The names and qualifications of the person(s) who obtained the samples,
ill A description of the temporal and spatial locations of the samples,
IV The name and address of the laboratory facility at which analyses of the samples were performed,
V A description of the analytical methods used, including any clean-up and sample preparation methods,
VI 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,
Vii All laboratory analytical results demonstrating that the exclusion specifications have been met for the
waste, and
Viii 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 subpart 3(xi) of this subparagraph 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
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I The name and address of the facility receiving the comparable/syngas fuel for burning,
11 The quantity of comparable/syngas fuel shipped and delivered,
III The date of shipment or delivery,
IV 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 subpart
3(viii) of this subparagraph, and
V A one-time certification by the burner as required under subpart 3(xii) of this subparagraph
(xi) 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
(xii) Burner certification
Prior to submitting a notification to the Commissioner, 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
(1) 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 subpart 3(u) of this subparagraph,
(ii) identifying the name and address of the units that will bum the comparable/syngas fuel, and
( [ 11) Certifying that the state in which the burner is located is authorized to exclude wastes as
comparable/syngas fuel under the provisions of this subparagraph
(xiii) ineligible waste codes
Wastes that are listed because of presence of dioxins or furans, as set Out in Appendix Vii of this Rule,
are not eligible for this exclusion, and any fuel produced from or otherwise containing these wastes
remains a hazardous waste subject to full hazardous waste management requirements
(5) Appendices to Rule 1200-1- I 1- 02 [ Appendices to 40 C F R 261]
(5) Appendices to Rule 1200-1-11- 02 [ Appendices to 40 C F R 261]
Appendix I -- 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 Department 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
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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,” [ la] U S Environmental Protection Agency, Office of Solid Waste,
Washington, D C 20460 (Copies may be obtained from Solid Waste Information, U S Environmental
Protection Agency, 26 W St Clair St , Cincinnati, Ohio 45268)
Liquid waste in pits, ponds, lagoons, and similar reservoirs -- “Pond Sampler” described in “Test Methods
for the Evaluation of Solid Waste, Physical/Chemical Methods “ [ Ia]
This manual also contains additional information on application of these protocols
Appendix Ii -- Method 13 11 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, listed in Rule 1200-I-I 1 - 01 (2)(b))
Appendix lii 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, listed in Rule
1200-1-11- 01(2)(b) 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)
Appendix IV -- (Reserved) -- Radioactive Waste Test Methods
Appendix V -- (Reserved) -- Infectious Waste Treatment Specifications
Appendix Vi -- (Reserved) -- Etiologic Agents
(Note I [ a] These methods are also described in “Samplers and Sampling Procedures foi- Hazardous
Waste Streams,” EPA 600/2-80-0 18, January 1980)
Appendix Vii -- Basis for Listing Hazardous Waste
Hazardous I
Waste I
Code I Hazardous Constituents For Which Listed
FOOl I Tetrachioroethylene, methylene chloride
I trichloroethylene, l,l,l-trichloroethane, carbon
I tetrachloride, chlorinated fluorocarbons.
F002 I Tetrachloroethylene, methylene chloride,
I trichioroethylene, 1, 1, 1—trichioroethane,
I 1, 1, 2-trichioroethane, chlorobenzene,
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I 1,1,2—trichloro—1,2,2—trifluoroethane,
ortho—dichlorobenzerie, trichlorofluoromethane.
F003 I N.A.
F004 I Cresols and cresylic acid, nitrobenzerie.
F005 I Toluene, methyl ethyl ketone, carbon disulfide,
I isobutanol, pyridine, 2—ethoxyethanol, benzene,
I 2—nitropropane.
F006 I Cadmium, hexavalent chromium, nickel, cyanide
(complexed) -
F007 I Cyanide (salts)
F008 I Cyanide (salts)
F009 I Cyanide (salts)
FOlO I Cyanide (salts)
FOil I Cyanide (salts)
F0i2 I Cyanide (complexed)
F019 I Hexavalent chromium, cyanide (complexed)
F020 I Tetra— and pentachlorodibenzo—p-dioxins; tetra and
I pentachlorodibenzofurans; tn— and
I tetrachiorophenols and their chiorophenoxy
I derivative acids, esters, ethers, amine and other
I salts.
F021 I Penta— and hexachlorodibenzo-p-dioxins; penta- and
I hexachlorodibenzofurans; pentachlorophenol and its
I derivatives.
F022 I Tetra—, penta-, and hexachlorodibenzo-p-dioxins;
I tetra—, perita—, and hexachlorodibenzofurarts.
F023 I Tetra—, and pentachlorodibenzo—p-dioxins; tetra-
I and pentachlorodibenzofurans; tn— and
I tetrachlorophenols and their chloropherioxy
I derivative acids, esters, ethers, amine and other
salts.
F024 Chioromethane, dichioromethane, trichloromethane,
I carbon tetrachioride, chloroethylene,
I 1, 1-dichioroethane, 1, 2—dichloroethane,
I trans—1-2-dichloroethylene, 1, i-dichloroethylene,
I 1,1,i—trichloroethane, 1,l,2-trichloroethane,
I trichioroethylene, 1,1,1,2—tetra-chioroethane,
I 1,1,2, 2-tetrachioroethane, tetrachloroethylene,
I pentachloroethane, hexachloroethane, allyl chloride
(3—chioropropene), dichloropropane,
I dichloropropene, 2—chloro-1, 3—butadiene,
I hexachloro-1, 3—butadiene,
I hexachlorocyclopentadierie, hexachiorocyclohexane,
I benzene, chlorbenzene, dichioroberizenes,
I 1,2,4—trichlorobenzene, tetrachlorobenzene,
I pentachlorobenzene, hexachlorobenzene, toluene,
I naphthalene.
F025 I Chloromethane; Dichioromethane; Trichloromethane;
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I Carbon tetrachioride; Chioroethylene; 1,1—
I Dichloroethane; 1, 2—Dichioroethane; trans-i,
I 2-Dichioroethylene; 1,1—Dichloroethylene; 1,1,
I 1-Trichioroethane; 1, 1, 2-Trichioroethane;
I Trichloroethylene; 1,1, 1, 2-Tetrachloroethane;
I 1,1,2, 2—Tetrachioroethane; Tetrachioroethylene;
I Pentachioroethane; Hexachioroethane; Allyl chloride
I (3-Chloropropene); Dichioropropane;
Dichloropropene; 2-Chloro-1, 3-butadiene;
I Hexachloro-1, 3-butadiene;
I Hexachlorocyclopentadiene; Benzene; Chlorobenzene;
I Dichlorobenzene; 1,2, 4-Trichlorobenzene;
I Tetrachlorobenzene; Pentachlorobenzene;
I Hexachlorobenzene; Toluene; Naphthalene
F026 I Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
I tetra-, penta-, and hexachlorodibenzofurans.
F027 I Tetra-, penta—, and hexachlorodibenzo—p—dioxins;
I tetra-, penta—, and hexachlorodibenzofurans;
I tn-, tetra-, and pentachiorophenols and their
I chlorophenoxy derivative acids, esters, ethers,
I amine and other salts.
F028 I Tetra-, penta—, and hexachlorodibenzo-p-dioxins;
I tetra-, penta-, and hexachlorodibenzofurans;
I tn-, tetra-, and pentachlorophenois and their
I chlorophenoxy derivative acids, esters, ethers,
I amine and other salts.
F032 I Benz(a)anthracene, benzo(a)pyrene,
I dibenz(a,h)-anthracene, indeno(1,2,3—cd)pyrene,
I pentachlorophenol, arsenic, chromium, tetra—,
I penta-, hexa-, heptachlorodibenzo-p—dioxins
I tetra—, penta-, hexa-, heptachlorodibenzofurans.
F034 I Benz(a)anthracene, benzo(k)fluoranthene,
I benzo(a)pyrene, dibenz(a,h)anthracene,
I indeno(1,2, 3—cd)pyrene, naphthalene, arsenic,
I chromium.
F035 I Arsenic, chromium, lead.
F037 I Benzene, benzo(a)pyrene, chrysene, lead,
I chromium.
F038 I Benzene, benzo(a)pyrene chrysene, lead,
I chromium.
F039 I All constituents for which treatment standards
I are specified for multi-source leachate
I (wastewaters and nonwastewaters) under 40 C.F.R.
I 268.43(a), Table CCW.
1 (001 I Pentachlorophenol, phenol, 2-chlorophenol,
I p—chloro-m—cresol, 2, 4-dimethylphenyl,
I 2, 4-dinitrophenol, trichlorophenols,
I tetrachlorophenols, 2, 4-dinitrophenol, creosote,
I chrysene, naphthalene, fluoranthene,
I benzo(b)fluoranthene, benzo(a)pyrene,
I indeno(1,2,3—cd)pyrene, benz(a)anthracene,
I dibenz (a) anthracene, acenaphthalene.
1(002 I Hexavalent chromium, lead
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1 (003 I Hexavalent chromium, lead.
1 (004 I Hexavalent chromium.
1 (005 I Hexavalent chromium, lead.
1 (006 I Hexavalent chromium.
1 (007 I Cyanide (complexed), hexavalent chromium.
1(008 I Hexavalent chromium.
1(009 I Chloroform, formaldehyde, methylene chloride,
I methyl chloride, paraldehyde, formic acid.
1 (010 I Chloroform, formaldehyde, methylene chloride,
I methyl chloride, paraldehyde, formic acid,
I chloroacetaldehyde.
KOl l I Acrylonitrile, acetonitrile, hydrocyanic acid.
1(013 I Hydrocyanic acid, acrylonitrile, acetonitrile.
1(014 I Acetonitrile, acrylamide.
1 (015 I Benzyl chloride, chlorobenzene, toluene,
I benzotrichloride.
1 (016 I Hexachlorobenzene, hexachlorobutadiene, carbon
I tetrachloride, hexachloroethane, perchloroethylene.
1 (017 I Epichlorohydrin, chloroethers [ bis(chloromethyl)
I ether and bis (2-chloroethyl) ethers],
I trich loropropane, dichloropropanols.
1 (018 I l,2-dichloroethane, trichloroethylene,
I hexachlorobutadiene, hexachlorobenzene.
1(019 I Ethylene dichloride, 1,l,l-trichloroethane,
I 1, l,2—trichloroethane, tetrachloroethanes
I (1,1,2,2-tetrachloroethane and
I 1,1,1, 2-tetrachloroethane), trichloroethylene,
I tetrachloroethylene, carbon tetrachloride,
I chloroform, vinyl chloride, vinylidene chloride.
1(020 I Ethylene dichloride, l,l,l-trichloroethane,
I 1, l,2—trichloroethane,
I tetrachloroethanes(l, 1,2, 2—tetrachloroethane
I and 1,l,l,2—tetrachloroethane), trich loroethylene,
I tetrachloroethylene, carbon tetrachloride,
I chloroform, vinyl chloride, vinylidene chloride.
1(021 I Antimony, carbon tetrachloride, chloroform.
1 (022 I Phenol, tars (polycyclic aromatic hydrocarbons)
1(023 I Phthalic anhydride, maleic anhydride.
1 (024 I Phthalic anhydride, 1,4-naphthoquinone.
1(025 I Meta-dinitrobenzene, 2, 4—dinicrocoluene.
1(026 I Paraldehyde, pyridines, 2-picoline.
1(027 I Toluene diisocyanate, toluene—2, 4-diamine.
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K028 l,1,l-trichloroethane, vinyl chloride.
1 <029 I l,2-dichloroethane, 1,l,l-trichloroethane, vinyl
I chloride, vinylidene chloride, chloroform.
1<030 I Hexachlorobenzene, hexachlorobutadiene,
I hexachloroethane, 1, 1, 1, 2-tetrachloroethane,
I 1,1,2,2—tetrachloroethane, ethylene dichloride.
1 <031 I Arsenic.
1 <032 I Hexachlorocyclopentadiene.
1 <033 I Hexachlorocyclopentadiene.
1 <034 I Hexachlorocyclopentadiene.
1 <035 I Creosote, chrysene, naphthalene, fluoranthene
I benzo(b)fluoranthene, benzo(a)pyrene,
I indeno(l,2,3—cd)pyrene, benzo(a)anthracene,
I dibenzo (a) anthracene, acenaphthalene.
1<036 I Toluene, phosphorodithioic and phosphorothioic
I acid esters.
1<037 Toluene, phosphorodithioic and phosphorothioic acid
I esters.
1 <038 Phorate, formaldehyde, phosphorodithioic and
I phosphorothioic acid esters.
1<039 Phosphorodithioic and phosphorothioic acid esters.
1 <040 I Phorate, formaldehyde, phosphorodithioic and
I phosphorothioic acid esters.
1<041 I Toxaphene.
1 <042 I Hexachlorobenzene, ortho—dichlorobenzene.
1 <043 I 2,4-dichlorophenol, 2,6—dichlorophenol,
I 2,4, 6—trichlorophenol.
1 <044 I N.A.
1 <045 I N.A.
1 <046 I Lead.
1<047 I N.A.
1 <048 I Hexavalent chromium, lead.
1 <049 I Hexavalent chromium, lead.
1 <050 I Hexavalent chromium.
1 <051 I Hexavalent chromium, lead.
1 <052 I Lead.
1 <060 I Cyanide, naphthalene, phenolic compounds, arsenic
1 <061 I Hexavalent chromium, lead, cadmium.
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1 (062 I Hexavalent chromium, lead.
1(069 I Hexavalent chromium, lead, cadmium.
K07]. I Mercury.
K073 I Chloroform, carbon tetrachioride, hexachioroethane,
I trichloroethane, tetrachloroethylene,
I dichloroethylene, 1,1,2,2-tetrachioroethane.
K083 I Aniline, diphenylamine, nitrobenzerie,
I phenylenediamine
K084 I Arsenic.
K085 I Benzene, dichlorobenzenes, trichlorobenzenes,
I tetrachlorobenzenes, pentachlorobenzene,
I hexachlorobenzene, benzyl chloride.
K086 I Lead, hexavalent chromium.
K087 I Phenol, naphthalene.
1<088 I Cyanide (complexes)
K093 I Phthalic anhydride, maleic anhydride.
K094 Phthalic anhydride.
K095 I 1,1,2—trichloroethane, 1,1,1,2—tetrachioroethane,
I 1,1,2, 2—tetrachioroethane.
1<096 I 1,2-dichloroethane,
I 1,1,1—trichloroethane, 1,1,2-trichloroethane.
1<097 Chiordane, heptachlor.
1<098 I Toxaphene.
1<099 I 2, 4-dichiorophenol, 2,4, 6—trichiorophenol.
1<100 I Hexavalent chromium, lead, cadmium.
1<101 I Arsenic.
K102 I Arsenic.
K103 I Aniline, nitrobenzene, phenylenediamirie.
1<104 I Aniline, benzene, diphenylamine, nitrobenzene,
I phenylenediamine.
1<105 I Benzene, monochlorobenzene, dichlorobenzenes,
I 2,4, 6—trichiorophenol.
1<106 I Mercury.
1<107 1,1-Dimethylhydrazine (UDMI-!).
1<108 I 1, 1-Dirnethylhydrazine (UDMH)
1<109 I 1, 1-Dimethyihydrazine (UDMH)
1 <110 I 1, 1-Dimethylhydrazine (UDMH)
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Kill I 2,4—Dinitrotoluene.
1 < 1 12 I 2,4-Toluenediamine, o-toluidine, p—toluidine,
I aniline.
1<113 I 2,4—Toluenedsamine, o-toluidine, p-toluithne,
I aniline.
1<114 I 2,4-Toluenediamine, o—toluidine, p—toluidine.
1<115 I 2,4—Toluenediamine.
1<116 I Carbon tetrachloride, tetrachloroethylene
I chloroform, phosgene.
1 <117 I Ethylene dibromide.
1 <118 I Ethylene dibromide.
1<123 I Ethylene thiourea.
1<124 I Ethylene thiourea.
1<125 I Ethylene thiourea.
1<126 I Ethylene thiourea.
1 <131 I Dimethyl sulfate, Methyl bromide.
1<132 I Methyl bromide.
1<136 I Ethylene dibromide.
1<141 I Benzene, benz(a)anthracene, benzo(a)pyrene,
I benzo(b)fluoranthene, benzo(k)fluoranthene,
I dibenz(a,h)anthracene, indeno(l,2,3—cd)pyrene.
1 <142 I Benzene, benz(a)anthracene, benzo(a)pyrene,
I benzo(b) fluoranthene, benzo(k) fluoranthene,
I dibenz(a,h)anthracene, indeno(l,2,3—cd)pyrene.
1<143 Benzene, benz(a)anthracene, benzo(b)fluoranthene,
I benzo(k) fluoranthene.
1<144 I Benzene, benz(a)anthracene, benzo(a)pyrene,
I benzo (b) fluoranthene, benzo (k) fluoranthene,
I dibenz (a, h) anthracene.
1 <145 I Benzene, benz(a)anthracene, benzo(a)pyrene,
I dibenz (a, h) anthracene, naphthalene.
1<147 I Benzene, benz(a)anthracene, benzo(a)pyrene,
I benzo(b) fluoranthene, benzo(k) fluoranthene,
I dibenz(a,h)anthracene, indeno(l,2,3-cd)pyrene.
1 <148 I Benz(a)anthracene, benzo(a)pyrene,
I benzo(b)fluoranthene, benzo(k)fluoranthene,
I dibenz(a,h)anthracene, indeno(l,2,3—cd)pyrene .
1<149 I Benzotrichloride, benzyl chloride, chloroform,
I chloromethane, chlorobenzene, 1, 4-dichlorobenzene,
hexachlorobenzene, pentachlorobenzene, 1,2,4,5-
I tetrachlorobenzene, toluene.
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1 < 150 I Carbon tetrachioride, chloroform, chloromethane,
I 1, 4-dichlorobenzene, hexachlorobenzene,
I pentachlorobenzene, 1, 2, 4, 5—tetrachlorobenzene,
I 1, l,2,2-tetrachloroethane, tetrachloroethylene,
I 1,2, 4-trichlorobenzene.
1<151 I Benzene, carbon tetrachloride, chloroform,
I hexachlorobenzene, pentachlorobenzene, toluene,
I 1,2,4, 5-tetrachlorobenzene, tetrachloroethylene.
1<156 I Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan,
I formaldehyde, methylene chloride, triethylamine.
1< 157 I Carbon tetrachloride, formaldehyde, methyl chloride,
I methylene chloride, pyridine, triethylamine.
1< 158 I Benomyl, carbendazim, carbofuran, carbosulfan, chloroform,
I methylene chloride.
kl59 I Benzene, butylate, eptc, molinate, pebulate, vernolate.
1<161 I Antimony, arsenic, metam-sodium, ziram.
N A - - Waste is hazardous because it fails the test for the characteristic of Ignitability, corroslvity, or
reactivity
Appendix Viii - - Hazardous Constituents
I I Chemical I Hazardous
Common Name I Chemical Abstracts Name I Abstracts I Waste
I I No. I Code
I = = — = = == == = = == I = = = = == = === I = = ====== = =
A2213 I Ethanimidothioic acid, I 30558—43—1 I U394
I 2-(dimethylamino)-N- I I
I hydroxy-2-oxo-, methyl I I
I ester I I
Acetonitrile I Same I 75—05—8 I 1 3003
Acetophenone I Ethanone, 1-phenyl- I 98-86—2 I 1 3004
2—Acetylaminefluarone I Acetamide, N-9H-fluoren I I
I —2 —yl — I 53—96—3 I 1 3005
Acetyl chloride I Same I 75-36-5 I 1 3006
1—Acetyl-2-thiourea I Acetamide, I I
I N—aminothioxomethyl)— I 591—08—2 I P002
Acrolein I 2 —Propenal I 107—02—8 I P003
Acrylamide I 2—Propenamide 79-06—1 I 1 3007
Acrylonitrile I 2—Propenenitrile I 107—13—1 I 1 3009
Aflatoxins I Same I 1402—68—2 I ——
Aldicarb I Propanal, 2-methyl-2- I I
I (methylthio)-, 0— I
I O- [ (methylamino) I I
I carbonyl]oxime 116-06—3 I P070
Aldicarb sulfone I Propanal, 2—methyl—2— I 1646-88—4 I P203
I (methylsulfonyl) -, I I
I O- [ (methylamino) I I
I carbonyl] oxime I I
Aldrin I 1,4,5,8— I I
I Dimethanonaphthalene, I 309—00—2 I P004
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I
1,2,3,4,10,10—10—
I
I
hexachloro—1,4,4a,5,8,
I
I
Ba-hexahydro-, (lalpha,
I
I
4alpha,4beta,5alpha,
I
I
8alpha,8beta)-
I
Allyl alcohol
I
2—Propen—1-ol
107-18—6
I
P005
Allyl chloride
I
1—Propane, 3-chloro
107-18—6
I
--
Aluminum phosphide
I
Same
20859-73-8
I
P006
4-P ninobipheny1
I
[ 1,1’-Biphenyl]-4-amine
92-67-1
I
-—
5—(1 minomethyl)-3-
I
3(2H)-Isoxazo lone,
I
I
isoxazolol
I
5—(aminomethyl)—
I 2763-96—4
I
P007
4—Aminopyridine
I
4—Pyridinamine
504-24—5
I
P008
P.mitrole
I
1H—1,2,4-Triazol—3—
amine
I 61—82—5
I
I
U011
Aminonium vanadate
Aniline
I
I
I
Vanadic acid, ammonium
salt
Benzenamine
I 7803-55—6
62-53-3
I
P119
tJ012
Antimony
I
Same
7440-36—0
I
--
Antimony and compounds,
I
N.O.S.(1}
I
I
Aramite
Arsenic
I
I
I
I
I
I
Sulfurous acid, 2-
chloroethyl—2—(4-(1,1-
dimethylethyl)
phenoxy]-1-methylethyl
ester
Same
I
140—57—8
7440-38—2
I
I
I
I
I
——
——
Arsenic compounds
I
N.O.S.{1)
I
———
I
——
Arsenic acid
I
Arsenic acid H(3)AsO(4)
7778-39-4
I
POlO
Arsenic pentoxide
I
Arsenic oxide As(2)O(5)
1303-28—2
I
POll
Arsenic trioxide
I
Arsenic oxide As(2)O(3)
1327-53—3
I
P012
Auramine
I
I
I
Benzamine, 4,4’-
carbonimidoylbis-
[ N,N—dimethyl—
492-80—5
I
I
1J 014
Azaserine
I
I
L-Serine, diazoacetate
(ester)
115—02—6
U015
Barban
Barium
I
I
I
I
Carbamic acid, (3- I
chloropheriyl)-, 4- I
chloro-2—butynyl ester I 101-27—9
Same I 7440-39—3
I
I
I
I
U280
——
Barium compounds,
I
I
I
N.0S(l)
I
I
———
I
——
Barium cyanide
I
Same I
542-62—1
I
P013
Bendiocarb
I
I
I
l,3-Benzodioxo l—4—o l, I
2,2—dimethyl-,methyl I
carbamate I 22781-23—3
I
I
I
tJ278
Bendiocarb phenol
I
I
l,3-Benzodioxol—4—ol,
2,2—dimethyl—, I
22961-82—6
U364
Benomyl
Benz(c]acrjdine
I
I
I
I
Carbamic acid, [ 1- I
[ (butylamino)carbonyl] I
—1H-berizimidazol- I
2—yl)—, methyl ester I
Same I
17804-35—2
225-51—4
I
I
I
I
U271
U016
Benz(a]anthracene
I
Same I
56-55—3
I
U018
Benzal chloride
Benzene
I
I
Benzene, I
(dichlorornethyl)-
Same
98-87—3
71-43—2
I
I
I
1J017
U019
Benzenearsonj.c acid
I
Arsenic acid, phenyl- I 98-05—5
I
—-
Benz idine
Benzo [ b)f luorarithene
I
I
I
[ l,1’—Biphenyl]—4,4’— I
diarnine I
Benz [ e)acephenanthrylene I
92—87—5
205-99-2
I
I
I
U021
Benzo [ j )f luoranthene
I
Same I
205-82-3
I
Benzo [ k]fluoranthene
I
Same I
207-08-9
I
Benzo(a]pyrene
I
Same I
50-32—8
I
U022
p-Benzoqu inone
I
2,5—Cyclohexadiene-1,4- I
I
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I dione
I 106—51—4
I
U197
Benzotrichloride
I Benzene,
I
I
I (trichloromethyl)—
I 98-07—7
I
tJ023
Benzyl chloride
I Benzene, (chioromethyl)—
I 100-44-7
I
P028
Beryllium powder
I Same
I 7440-41-7
I
P015
Beryllium compounds,
I
I
I
N.O.S.(1)
I
I ———
I
——
Bromoacetone
I 2-Propanone,1-bromo-
I 598-31-2
I
P017
Bromoform
I Methane, tribromo-
I 75-25-2
I
U225
4-Bromophenyl phenyl ether
I Benzene, 1-bromo-4-
I phenoxy
I
I 101-55-3
I
I
tJ030
Brucine
I Strychnidin-lO-one,
I 2,3—dimethoxy—
I
I 357-57—3
I
I
P018
Butylate
Butyl benzyl phthalate
Cacodylic acid
I Carbamothioic acid, bis
I (2—methy lpropyl)-, 5-
I ethyl ester
I 1,2—Benzenedicarboxylic
I acid, butyl
I phenymethyl ester
I Arsinic acid, dimethyl—
I 2008-41—5
I
I
I
I
I 85-68-7
I 75-60—5
I
I
I
I
I
I
I
-—
U136
Cadmium
I Same
I 7440-43-9
I
--
Cadmium compounds
I
I
I
N.O.54 1)
I
I ———
I
——
Calcium chromate
Calcium cyanide
I Chromic acid,
I H(2)CrO(4), calcium
I salt
I Calcium cyanide
I Ca(CN) (2)
I
I
I 13765-19—0
I
I 592—01—8
I
I
I
I
I
U032
P021
Carbaryl
I 1—Naphthalenol,
I methylcarbamate
I
I 63-25—2
I
I
U279
Carbendazim
I Carbamic acid, 11-I-
I benzimidazol—2—yl,
I methyl ester
I
I
I 10605—21—7
I
I
I
U372
Carbofuran
I 7—Benzofuranol, 2,3-
I dihydro-2,2-dimethyl,
I methylcarbamate
I
I
I 1563—66—2
I
I
I
P127
Carbofuran phenol
Carbon disulfide
I 7—Benzofuranol, 2,3—
I dihydro-2,2—dimethyl—
I Same
I
I 1563-38—8
I 75-15—0
I
I
I
U367
P022
Carbon oxyfluoride
I Carbonic difluoride
I 353-50—4
I
1J033
Carbon tetrachloride
I Methane, tetrachloro-
I 56-23—5
I
U2 11
Carbosulfan
I Carbamic acid, I
I [ (dibutylamino)thio] I 55285—14—8
I methyl-, 2,3—dihydro— I
I 2,2—dimethyl—7— I
I benzofuranyl ester I
I
I
I
I
I
P189
Chlora l
I Acetaldehyde, trichloro— I 75-87-6
I
U034
Chlorambuci l I Benzenebutanoic acid, 4-
I [ bis(2—chloroethyl)
I amino)—
305-03—3
I
I
I
U035
Chlordane I 4,7—Methano-1H-indene, I
I 1,2,4,5,6,7,8,8— I
I octach loro—2,3,3a,4,7, I
I 7a—hexahydro— I 57—74—9
Chlordane (alpha and I I
I
I
I
I
I
tJ036
gamma isomers) I I
I
U036
Chlorinated benzenes, I I
I
N.O.Sj1) I I
I
Chlorinated ethane, I I
I
N.O.541) I I ———
I
Chlorinated I I
I
fluorocarbons, I I
I
N.O.541) I I ———
I
Chlorinated I I
I
naphthalene, I I
I
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N.O.S. (1)
Chlorinated phenol,
N.O.S. (1)
Chiornaphazin
Chioroacetaldehyde
Chloroalkyl ethers,
N.O.S. (1)
p-Chloroaniline
Chlorobenzene
Chlorobenzilate
p—Chloro-m-cresol
2-Chioroethyl vinyl ether
Chloroform
Chloromethyl methyl
ether
beta-Chloronaphthalene
o-Chlorophenol
1- (o-Chlorophenyl)
thiourea
Chloroprene
3-Chioropropionitrile
Chromium
Chromium compounds,
N.O.S. (1)
Chrysene
Citrus red No. 2
Coal tar creosote
Copper cyanide
Copper
dimethyldi thioca rbama te
Creosote
Cresol (Cresylic acid)
Crotonaldehyde
ifi—Cumenyl
methylcarbamate
Cyanides (soluble salts
and complexes)
N.O.S. (l}
Cyanogen
Cyanogen bromide
Cyanogen chloride
Cycasin
Cycolate
2-Cyclohexyl--4, 6-
dini t rophenol
Cyclophosphamide
2, 4—D
Benzenamine, 4—chioro-
Benzene, chloro-
Benzeneacetic acid, 4-
chioro-aipha--
(4-chiorophenyl) -alpha—
hydroxy—, ethyl ester
Phenol, 4-chloro—3-
me thy!-
Ethene,
(2-chioroethoxy) —
Methane, trichioro—
Methane, chioromethoxy-
Naphthalene, 2—chioro—
Phenol, 2-chioro-
(2-chlorophenyl) -
1, 3-Butadiene, 2-chloro-
Propanenit rile,
3-chioro-
Same
2—Naphthalenol, l [ (2,5—
dimethoxyphenyl) azo) -
Same
Copper cyanide CuCN
Copper, bis(dimethyl-
carbamodithioato—S, SI -
Same
Phenol, methyl—
2-Butenal
Phenol,
3- (methylethyl) -,
methyl carbamate
Ethanedinitrile
Cyanogen bromide (CN)Br
Cyanogen chloride (CN)Cl
beta-D-Glucopyranoside,
(methyl-ONN-azoxy)
methyl
Carbamothiotic acid,
cyclohexylethyl—, 5-
ethyl ester
Phenol, 2-cyclohexyl—
4, 6-dinitro
2H-1, 3, 2-Oxazaphosphorin
-2-amine, N, N-bis) 2-
chioroethyl)
tetrahydro-, 2-oxide
Acetic acid,
(2, 4-dichiorophenoxy) -
Naphthalenamine, N,N’-
bis(2—chloroethyl) -
Acetaldehyde, chloro-
Same
I
I
494—03—1
107-20—0
I
I
U026
P023
I
I
106—47—8
108-90—7
I
I
P024
U037
I
510-15—6
I
U038
I
59-50—7
I
U039
I
I
110—75—8
67—66—3
I
I
U042
U044
I
I
I
107-30—2
91-58—7
95—57—8
I
I
U046
U047
tJ048
I
I
5344—82—1
126-99—8
I
P026
——
I
I
542-76—7
7440—47—3
J
P027
——
I
I
218—01—9
6358-53—8
I
U050
——
I
I
I
8007—45—2
544—92—3
137—29—1
I
I
I
——
P029
I
I
--—
1319—77—3
4170—30—3
I
I
I
U051
U052
U053
I
64—00—6
I
P202
I
I
I
I
--—
460-19—5
506-68—3
506—77—4
I
(
I
P030
P031
U246
P033
I
I
14901—08—7
1134—23—3
I
I
I
131—89—5
I
P034
I
50—18—0
I
U058
I
94—75—7
I
U240
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0240
2, 4—D, salts, esters
I
I
--—
I
Daunomycin
I
5,l2—Naphthacenedione, I
I
I
8—acetyl—lO—H3—amino— I
I
I
2,3,6-trideoxy-alpha-L— I
I
I
lyxo—hexopyranosyl)oxy] I
I
I
—7,8,9, 10—tetrahydro—6, I
I
I
8,11—tnhydroxy-l- I
I
I
methoxy—, (85—cis)— I 20830—81—3
I
0059
Dazomet
I
I
I
2H—1,3,5-thiadiaz ine—2— I 533- 74—4
thione, tetrahydro—3,5 I
—, thmethyl I
I
I
I
DDD
I
I
I
Benzene, l,l’—(2,2— I
dichloroethylidene)bis I
(4—chloro— I 72—54—8
I
I
I
U060
DDE
I
I
I
Benzene,l,1’- I
(dichloroethenylidene)— I
b is [ 4—chloro— I 72—55—9
I
I
I
——
DDT
I
I
I
Benzene,1,1’—(2,2,2- I
trichloroethylidene)bis I
[ 4—chloro— I 50—29—3
I
I
I
0061
Diallate
I
I
I
I
Carbomothioic acid, I
bis(1—methyl—ethyl-S- I
(2,3—dichloro—2— I
propenyl) ester I 2303—16—4
I
I
I
I
0062
Dibenz [ a,h)acridine
I
Same I 226-36—8
I
--
Dibenz(a,j]acridine
I
Same I 224-42-0
I
—-
Dibenz(a,h]anthracene
I
Same I 53-70—3
I
0063
7H-Dibenzo [ c,g]carbazole
I
Same I 194-59—2
I
--
Dibenzo [ a,e]pyrene
I
I
Naphtho [ ] .,2,3,4-def] I
chrysene I 192-65—4
I
I
——
Dibenzo [ a,h]pyrene
I
Dibenzo [ b,def)chrysene I 189-64—0
I
——
Dibenzo [ a,i]pyrene
I
Benzo [ rst]pentaphene I 189-55—9
I
0064
l,2-Dibromo-3-
I
Propane, 1,2-dibromo-3- I
I
chloropropane
I
chloro I 96-12-8
I
0066
Dibutyl phthalate
o-Dichlorobenzene
I
I
I
1,2-Benzenedicarboxylic I
acid, dibutyl ester I 84-74—2
Benzene, 1,2-dichloro- I 95-50-1
I
I
I
0069
0070
m-Dichlorobenzene
I
Benzene, 1,3-dichloro- I 541-73-1
I
0071
p-Dichlorobenzene
I
Benzene, 1,4-dichloro- I 106-46-7
I
0072
Dichlorobenzene,
I
Benzene, dichloro— I 25321-22-6
I
--
N.O.S .(1}
I
I
I
3,3’—Dichlorobenzidine
1,4—Dichloro—2-butene
I
I
I
[ l,1’—Biphenyl]-4,4’- I
diamine,3,3’—dichloro— I 91—94—1
2-Butene, 1,4—dichioro- I 764-41-0
I
I
I
0073
0074
Dichlorodifluoromethane
I
I
Methane, I
dichlorodifluoro— I 75—71—8
I
I
0075
Dichloroethylene,
I
I
I
N.O.5(1}
I
Dichloroethylene I 25323—30—2
I
——
1,1-Dichloroethylene
I
Ethene, 1,1-dichloro— I 75-35—4
I
0078
1,2-Dichloroethylene
I
I
Ethene, 1,2-dichloro-, I
(E)— I 156-60—5
I
I
0079
Dichloroethyl ether
I
I
Ethane, 1,1’—oxybis I
[ 2—chloro— I 111—44—4
I
I
0025
Dichloroisopropyl ether
I
I
Propane, 2,2’-oxybis [ 2- I
chloro— I 108—60—1
I
I
0027
Dichloromethoxy ethane
Dichloromethyl ether
I
I
I
I
Ethane, 1,1’- I
[ methylenebis(oxy)]bis I
[ 2—chloro— I 111—91—1
Methane, oxybis [ chloro— I 542-88-1
I
I
I
I
0024
P016
2,4—Dichlorophenol
I
Phenol, 2,4-dichloro- I 120-83-2
I
0081
2,6—Dichlorophenol
I
Phenol, 2,6-dichloro- I 87-65-0
I
0082
Dichlorophenylarsine
I
I
Arsonous dichloride, I
phenyl— I 696-28—6
I
I
P036
Dichloropropane,
I
I
I
N .O .S.(1}
I
Propane, dichloro— I 26638—19—7
I
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Dichioropropanol,
I
I
I
N.O.S.(1)
I Propanol, dichloro—
I 26545-73-3
I
Dichioropropene,
I
I
i
N.O.S.{1)
I 1—Propene, dichloro—
I 26952-23—8
I
—-
1,3-Dichioropropane
I 1—Propene, l,3-dichloro—
I 542-75—6
I
0084
Die ldrin
1,2:3,4 —Diepoxybutane
I 2,7:3,6-Dimethanonaphth-
I [ 2,3-b]oxirene,
I 3,4,5,6,9,9-hexachloro-
I la,2,2a,3,6,6a,7,7a—
I octahydro-, ( laa lpha,
I 2beta,2aalpha,3beta,
6beta,6aalpha,7beta,
I 7aalpha)—
I 2,2’—Bioxirane
I
I
I
I
I
I
I 60-57—1
I 1464-53—5
I
I
I
I
I
I
J
I
I
P037
0085
Diethylarsine
I Arsine, diethyl—
I 692-42—2
I
P038
Diethylene glycol,
I Ethanol, 2,2’—oxybis—,
I 5952-26—1
I
0395
dicarbamate
I dicarbamate
I
I
1,4 -Diethyleneoxide
I 1,4—Dioxane
I 123-91—1
I
0108
Diethylhexyl phthalate
N,N’—Diethylhydrazine
I 1,2-Benzenedicarboxylic
I acid,bis(2—ethylhexyl)
I ester
I Hydrazine, 1,2-diethyl—
I
I
I 117—81—7
I 1615-80-1
I
I
I
I
0028
0086
0,0—Diethyl S—methyl
I Phosphorodithioic acid,
I
I
dithiophosphate
I 0,0—diethyl S-methyl
ester
I 3288-58—2
I
I
I
0087
Diethyl-p—nitrophenyl
I Phosphoric acid, diethyl
I 311-45—5
I
P041
phospate
I 4-nitrophenyl ester
I
I
Diethyl phthalate
I l,2-Benzenedicarboxylic
I acid, diethyl ester
I 84-66-2
I
I
I
0088
0,0-Diethyl 0—pyrazinyl
I Phosphorothioic acid,
I 297-97-2
I
P040
phosphorothioate
I 0,0—diethyl 0-pyrazinyl I
I ester I
I
I
Diethylstilbesterol
I Phenol, 4,4’-(1,2—
I diethy l-1,2—ethenediyl)
I b is,(E)
56-53—1
I
I
I
0089
Dihydrosafrole
Diisopropyf luorophosphate
I l,3-Benzodioxole,
I 5 —propyl—
I Phosphorofluoridic acid,
94-58—6
55-91—4
I
I
I
0090
P043
(DFP)
I bis—(1-methylethyl)
I ester
I
I
Dirnethoate
I Phosphorodithioic acid, I 60-51-5
I O,O—dimethyl—S— [ 2— I
I (methylamino)—2- I
I oxoethyl) ester I
I
I
I
I
P044
3,3’—Dimethoxybenzidine
I (1,1’Biphenyl]—4,4 ’- I
I diamine,3,3’-dimethoxy— I
119-90—4
I
I
0091
p-Dimethylaminoazobenzene
I Benzenamine, N,N— I
I dimethyl-4—(phenylazo)— I
60-11-7
I
I
0093
7, 12—Dimethylbenz [ a)
I Benz [ a)anthracene, 7,12— I
57—97—6
I
0094
anthracene
I dimethyl I
I
3,3 ’—Dimethylbenzidine
I [ 1,1’—Biphenyl)—4,4 ’— I
I diamine,3,3’-dimethyl— I
119-93—7
I
I
0095
I Benzenamine, N,N’- I
60-11-7
I
0093
Dimethylaminoazobenzene
I dimethy l-4-(phenylazo)— I
I
7,12— I Benz [ a]anthracene, 7, 12 I
I —dimethyl I
57-97—6
I
I
0094
3,3’—Dimethylbenz idine I [ 1,1’—Biphenyl) 4—4’- I
I diamine, 3,3’-dimethyl— I
Dimethylcarbamoyl. chloride I Carbamic chloride, I
I dimethyl— I
1,l-Dimethylhydrazine I Hydrazine, 1,1—dimethyl I
119-93—7
79—44—7
57—14—7
I
I
I
I
I
0095
0097
0098
1,2-Dimethylhydrazine I Hydrazine, l,2—dimethyl I
540-73—8
I
0099
alpha, alpha—Dimethyl- I Benzeneethanamine, I
122-09—8
I
P046
phenethylamine I a lpha,alpha-dimethyl- I
I
2,4—Dimethy iphenol I Phenol, 2,4—dimethyl I
105-67—9
I
0101
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Dimethyl phthalate I 1,2-Benzenedicarboxylic I 131-11-3 I 0102
I acid, dimethyl ester I I
Dimethyl sulfate I Sulfuric acid, dimethyl I I
I ester I 77-78-1 I 0103
Dimetilan I carbamic acid, I I
I dimethyl—, I 644—64—4 I P191
I [ (dimethylamino) I I
I carbonyl]-5-methyl-1H— I I
I pyrazol-3—yl ester I I
Dinitrobenzene, N.O.S.(1) I Benzene, dinitro- I 25154-54-5 I
4,6-Dinitro—o-cresol I Phenol, 2—rnethyl—4,6— I I
I dinitro— I 534-52—1 I P047
4,6-Dinitro—o—cresol I I I
salts I I —-— I P047
2,4-Dinitrophenol I Phenol, 2,4—dinitro— I 51-28—5 I P048
2,4-Dinitrotoluene I Benzene, 1—methyl-2,4- I I
I dinitro I 121-14—2 I 0105
2,6-Dinitrotoluene I Benzene, 2—methyl-1,3- I I
I dinitro- I 606-20—2 I 0106
Dinoseb I Phenol, 2-Cl- I I
I methylpropyl)—4,6— I 88-85—7 I P020
I dinitro- I I
Di-n—octylphthalate I 1,2—Benzenedicarboxylic I 117-84—0 I 0017
I acid, dioctyl ester I I
Diphenylamine I Benzenamine, N-phenyl- I 122-39-4 I --
1,2-Diphenylhydrazine I Hydrazine, 1,2—diphenyl- I 122-66—7 0109
Di-n-propylnitrosarnine I 1—Propanamine, N-nitroso I I
I -N—propyl— I 621-64—7 I 0111
Disulfiram I Thioperoxydicarbonic I 97-77—8 I
I acid, 0,0-diethyl S- [ 2- I
I (ethylthio)ethyl] ester I I
Disulfoton I Phosphorodithioic acid, I I
I 0,0—diethyl S— [ 2— I 298—04—4 I P039
I (ethylthio)ethyl—] I I
I ester I I
Dithiobiuret I Thioimidodicarbonic I 541-53—7 I P049
I diamide I I
I [ (H(2)N)c(S)] (2)NH I I
Endosulfan I 6,9—Methano—2,4,3- I
I benzodioxathiepin, I 115-29—7 I P050
I 6,7,8,9,10,10— I I
I hexachloro—1,5,5a,6,9, I I
I 9a-hexahydro—, 3—oxide I I
Endothall I 7—Oxabicyclo [ 2.2.1] I I
I haptane-2,3— I I
I dicarboxylic acid I 145-73-3 I P088
Endrin I 2,7:3,6—D imethanonaphth I 72-20—8 I P051
I [ 2,3—b]oxirene,3,4,5,6, I I
I 9,9—hexachloro— la,2,2a, I
I 3,6,6a,7,7a—octahydro,— I I
I ( laalpha,2beta,2abeta, I I
I 3alpha,6alpha,6abeta, I I
I 7beta,7aalpha)— I I
Endrin metabolites I I I P051
Epichlorohydrin I Oxirane, (chlorornethyl)— I 106-89-8 I 0041
Epinephrine I 1,2—Benzenediol, 4— [ 1— I I
I hydroxy-2-(rnethylamino) I 51-43-4 I 2042
I ethyl]—, CR)— I I
EPTC I Carbamothioic acid, I I
I dipropyl—, S—ethyl I 759-94—4 I
I ester I I
Ethyl carbamate (urethane) I Carbamic acid, ethyl I I
I ester I 51—79—6 I 0238
Ethyl cyanide I Propanenitrile I 107-12-0 I P101
Ethylenebisdithiocarbamic I Carbamodithioic acid, I I
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acid I 1,2- ethanediylbis- I 111-54—6 I 0114
Ethylenebisdithiocarbamic I I --- I 0114
acid, salts and esters I I I
Ethylene dibromide I Ethane, 1,2-dibromo- I 106-93-4 I 0067
Ethylene dichloride I Ethane, l,2-dichloro- I 107-06-2 I 0077
Ethylene glycol monoethyl I Ethanol, 2-ethoxy- I 110-80-S I 0359
ether I I I
Ethyleneimine I Aziridine I 151-56-4 I P054
Ethylene oxide I Oxirane p 75-21—8 I 0115
Ethylenethiourea I 2—Imidazolidinethione I 96-45—7 I 0116
Ethylidene dichloride I Ethane, 1,1-dichioro- I 75-34-3 I 0076
Ethyl methacrylate I 2—Propenoic acid, I 97—63—2 I 0118
I 2 methyl—, ethyl ester I I
Ethyl methanesulfonate I Methanesulfonic acid, I I
I ethyl ester I 62-50-0 I 0119
Famphur I Phosphorothioic acid, I 52-85-7 I P097
I O- [ 4-((dimethylamino) I I
I sulfonyl ] phenyl] I I
I 0,0—dimethyl ester I I
Ferbam I Iron, tris(dimethyl— I 1432464—1 I
I carbamodithioato-S,S’)- I I
Fluoranthene I Same I 206-44—0 I 0120
Fluorine I Same I 7782-41—4 I P0 56
Fluoroacetamide I Acetamide, 2-fluoro- I 640-19—7 I P057
Fluoroacetic acid, I Acetic acid, fluoro-, I 62-74—8 I P058
sodium salt I sodium salt I I
Formaldehyde I Same I 50-00-0 I 0122
Formetanate hydrochloride I Methanimidamide, I I
I N,N—dimethyl—N’— [ 3— I 23422—53—9 I P198
I [ [ (methylamino) I I
I carbonyl] oxy]phenyl)-, I I
I monohydrochloride I
Formic acid I Same I 64-18—6 I 0123
Formparanate I Methanimidamide, I I
I N,N—dimethyl—N’—(2— I 17702—57—7 I P197
I methy l—4— I I
I [ [ (methylamino) I I
I carbony l]oxy]phenyl]— I
Glycidylaldehyde I Oxiranecarboxyaldehyde 765-34-4 I 0126
Halomethanes, N.O.S.(l) I I --— I --
Heptach lor I 4,7—Methano-1H-indene, I I
I 1,4,5,6,7,8, I 76—44—8 I P059
I 8-heptachloro—3a,4,7,7a I I
I —tetrahydro- I I
Heptachior epoxide I 2,5-Methano-2H-indeno I I
I [ l,2—b]oxirene, 2,3,4,5 I 1024—57—3 I
I 6,7,7—heptach loro—la, I I
I Ib, 5, Sa, 6, 6a—hexahydro- I I
I , ( laalpha, lbbeta, I I
I 2alpha, Saalpha, Sabeta I I
I 6beta, 6aalpha)- I I
Heptachlor epoxide I I I
(alpha, beta, and I I I
gamma isomers) I I I
Heptachlorodibenzofurans I I I
Heptachlorodibenzo-p- I I I
d ioxins I I --— I ——
Hexachlorobenzene I Benzene, hexachloro- I 118-74-1 I 0127
Hexachiorobutadiene I 1,3-Butadiene, 1,1,2,3, I 87—68—3 I 0128
I 4,4-hexachloro- I I
Hexachlorocyclopentadiene I 1,3-Cyc lopentadiene, I 77-47-4 I 0130
I 1,2,3,4,5,5—hexachloro— I I
Hexach lorodibenzo—p- I I I
dioxins I I I
Hexach lorodibenzofurans I I I
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Hexachioroethane I Ethane, hexachloro- I 67-72-1 I 0131
Hexachlorophene I Phenol, 2,2’— I I
I methylenebis I 70-30—4 I 0132
I (3,4,6—tnchloro— I I
Hexachloropropene 1-Propene, 1,1,2,3,3,3- I I
hexachloro— I 1888—71—7 I 0243
Hexaethyl tetraphosphate I Tetraphosphoric acid, I I
hexaethyl ester I 757-58—4 I P062
Hydrazine I Same I 302-01—2 I 0133
Hydrogen cyanide t Hydrocyanic acid I 74-90-8 P063
Hydrogen fluoride I Hydrofluoric acid I 7664-39-3 I U134
Hydrogen sulfide I Hydrogen sulfide H(2)S I 7783-06-4 I 0135
Indeno [ 1,2,3—cd]pyrene Same I 193-39—5 I 0137
Isobutyl alcohol I 1—Propanol, 2—methyl- I 78-83—1 I 0140
Isodrin I 1,4,5,8— I I
I Dimethanonaphthalene, I 465-73-6 I P060
I 1,2,3,4,10,10— I I
I hexachloro—1,4,4a,5,8, I I
I 8a-hexahydro-, (lalpha, I I
I 4alpha,4abeta, Sbeta, I I
I 8beta,—8abeta)— I I
Isolan I Carbamic acid, I I
I dimethyl—,3—methyl—1- I 119-38—0 I P192
I (1-methylethyl)-1H- I I
I pyrazol—5—yl ester I I
Isosafrole I l,3—Benzodioxole, 5— I I
I ( 1—propenyl)— I 120—58—1 I 0141
Kepone I 1,3,4—Metheno-2H- I I
I cyclobuta [ cd]pentalen—2 I 143-50—0 I 0142
I —one, 1,la,3,3a,4,5,5, I I
I Sa,5b,6— I I
I decachlorooctahydro- I I
Lasiocarpine I 2—Butenoic acid, 2— I I
I methyl—, 7— [ [ 2,3— I 303—34—1 0143
I dihydroxy-2-(1- I I
I methoxyethyl)-3-methyl- I I
I 1-oxobutoxy)methyl]- I I
I 2,3,5,7a—tetrahydro—1H— I I
I pyrrolizin—1—yl ester, I I
I [ 1S_ [ lalpha(Z),7(2S*, I I
I 3R*),7aalpha]]_ I I
Lead I Same I I
Lead compounds, I I I
N.O.S.(1} I I ——— I
Lead acetate I Acetic acid, lead(2+) I I
I salt I 301-04-2 I 0144
Lead phosphate I Phosphoric acid, I I
I lead(2+) salt (2:3) I 7446—27—7 I 0145
Lead subacetate I Lead, bis(acetato—O) I 1335—32—6 I 0146
I tethrahydroxytri- I I
Lindane I Cyclohexane, 1,2,3,4,5,6 I 58—89-9 I 0129
I —hexachloro—, (lalpha, I I
I 2alpha,3beta,4alpha, I I
I Salpha,6beta)— I I
Maleic anhydride I 2,5-Furandione I 108-31-6 I 0147
Maleic hydrazide I 3,6-Pyridazined ione, I I
I 1,2—dihydro I 123—33—1 I 0148
Malononitrile I Propanedinitrile I 109-77-3 I 0149
Manganese I Manganese, bis I 15339-36-3 I P196
dimethyldithiocarbamate I (dimethylcarbamo- I I
I dithioato—S,S’)—, I I
Melphalan I L-Phenylalanine, 4- [ bis I I
I (2—chloroethyl) amino]— I 148-82—3 I 0150
Mercury I Same I 7439-97—6 I 0151
Mercury compounds I I I
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N.O.S.(1} ——— I
Mercury fulminate I Fulminic acid, mercury I I
I (2+) salt I 628—86—4 I P065
Methacrylonitrile I 2—Propenenitrile, I I
I 2—methyl— I 126—98—7 I 0152
Methapyrilene I 1,2—Ethanediamine, N,N- I
I dimethyl—N’-2-pyridinyl I 91-80—5 I 0155
I —N’—(2—thienylmethyl)— I I
Methiocarb I Phenol, (3,5—dimethyl—4— I 2032-65—7 I P199
I (methylthio)—, I I
I methylcarbamate I I
Methomyl I Ethanimidothioic acid, N I 16752-77-5 I P066
I — [ [ (methylamino) I
I carbonyl]oxy]-,methyl I I
I ester I I
Methoxychlor I Benzene, l,l’-(2,2,2- I I
I trichloroethylidene)bis I 72-43—5 I 0247
I [ 4-methoxy- I I
Methyl bromide I Methane, bromo- I 74-83-9 I 0029
Methyl chloride I Methane, chloro- I 74-87-3 I 0045
Methylchlorocarbonate I Carbonchloridic acid, I I
I methyl ester I 79-22—1 I 0156
Methyl chloroform I Ethane, 1,1,1-trichloro- I 71-55-6 I 0226
3—Methylcholanthrene I Benz [ j)aceanthrylene, I I
I 1,2—dihydro—3—methyl— I 56-49—5 I 0157
I 3—methyl— I I
4,4 ’—Methylenebis(2— I Benzenamine, 4,4’- I I
chloroaniline) I methylenebis [ 2—chloro— I 101-14-4 I 0158
Methylene bromide I Methane, dibromo- I 74-95-3 I 0068
Methylene chloride I Methane, dichloro- I 75-09-2 I 0080
Methyl ethyl ketone (MEK) I 2—Butanone I 78-93—3 I 0159
Methyl ethyl ketone I I I
peroxide I 2-Butanone, peroxide I 1338-23-4 I 0160
Methyl hydrazine I Hydrazine, methyl- I 60-34-4 I P068
Methyl iodide I Methane, iodo- I 74-88-4 I 0138
Methyl isocyanate I Methane, isocyanato- I 624-83-9 I P064
2-Methyllactonitrile I Propanenitrile, 2- I I
I hydroxy-2—methyl- I 75-86—5 I P069
Methyl methacrylate I 2—Propenoic acid, I I
I 2-methyl—, methyl ester I 80-62—6 I 0162
Methyl methanesulfonate I Methanesulfonic acid, I I
I methyl ester I 66-27-3 I
Methyl parathion I Phosphorothioic acid, I I
I 0,0—dimethyl O—(4— I 298-00—0 I P071
I nitrophenyl) ester I I
Methyithiouracil I 4(lH)—Pyrimidinone, I I
I 2,3—dihydro—6—methyl—2— I 56-04—2 I 0164
I thioxo- I I
Metolcarb I Carbamic acid, methyl-, I 1129-41-5 I P190
I 3-methyiphenyl ester I
Mexacarbate I Phenol, 4- I I
I (dimethylamino)-3,5— I 315-18-4 I P128
I 5—dimethyl—, I I
I methylcarbamate (ester) I I
Mitomycin C I Azirino [ 2’,3’;3,4] I I
I pyrrolo [ l,2—a] indole— I 50-07—7 I 0010
I 4,7—dione, 6—amino—8— I I
I [ [ (aminocarbonyl)oxyj I
I methyl]—l,la,2,8,8a,8b— I
I hexahydro-8a-methoxy-5- I I
I methyl—, [ laS—( laalpha, I I
I Bbeta,8aa lpha, I I
I 8balpha)J— I I
MNNG I Guanidine, N-methyl-N’- I I
I nitro—N-nitroso— I 70—25—7 I 0163
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Molinate
I 1H-Azepine-1—carbothioic I 2212-67- -i
I
I
I
I
I acid, hexahydro—, 5- I
I ethyl ester I
Mustard gas
I Ethane, 1,1’-thiobis I
I [ 2—chloro- I 505-60—2
I
——
Naphthalane
I Same I 91-20—3
I
0165
1,4-Naphthoquinone
I l,4-Naphthalenedione I 130-15—4
I
0166
alpha-Naphthylamine
I 1-Naphthalenamine I 134-32—7
I
0167
beta-Naphthylamine
I 2—Naphthalenamine I 91-59-8
I
0168
alpha-Naphthylthiourea
I Thiourea, I
I 1—naphthalenyl— I 86-88-4
I
I
P072
Nickel
I Same I 7440-02—0
I
——
Nickel compounds,
I I
I
N.O.S.(1)
I I ———
I
——
Nickel carbonyl
Nickel cyanide
I Nickel carbonyl I
I Ni(CO) (4), (T—4)— I 13463-39—3
I Nickel cyanide Ni(CN) (2) I 557-19—7
I
I
I
P073
P074
Nicotine
I Pyridine, 3—(1—methyl—2— I 54-11—5
I pyrrolithnyl)—, (5)— I
I
I
P075
Nicotine salts
I I —-—
I
P075
Nitric oxide
I Nitrogen oxide NO I 10102-43—9
I
P076
p—Nitroaniline
I Benzenamine, 4—nitro— I 100-01—6
j
P077
Nitrobenzene
I Benzene, nitro— I 98-95—3
I
0169
Nitrogen dioxide
I Nitrogen oxide NO(2) I 10102-44—0
I
P078
Nitrogen mustard
I Ethanamine, 2—chloro-, I
I N—(2-chloroethyl—N— I 51-75—2
I methyl- I
I
I
I
——
Nitrogen mustard,
I I
I
hydrochloride salt
I I --—
I
—-
Nitrogen mustard,
I Ethanamine,2—chloro—N— I 126-85—2
I
—-
N-oxide
I (2-chloroethyl)—N- I
I methyl, N-oxide I
I
I
Nitrogen mustard,
I I
I
N-oxide, hydrochloride
I I
I
salt
I I ———
I
——
Nitroglycerin
p-Nitrophenol
I 1,2,3—Propenetriol, I
I trinitrate I 55-63—0
I Phenol, 4-nitro- I 100-02—7
I
I
I
P081
0170
2-Nitrcpropane
I Propane, 2—nitro— I 79-46—9
I
0171
Nitrosamines, N.O.S.(1)
I I 35576-91—iD
I
—-
N-Nitrcsodi-n—butylamine
I 1-Butanamine, N-butyl-N— I
I nitroso— I 924-16—3
I
I
0172
N-Nitrosodiethanolamine
N-Nitrosodiethy lamine
I Ethanol, 2,2’- I
I (nitrosoimino)bis— I 1116-54—7
I Ethanamine, N—ethyl—N- I
I nitroso— I 55-18—5
I
I
I
I
U173
0174
N-Nitrosodimethylamine
N-Nitroso-N-ethylurea
I Methamine, N-methyl—N- I
I nitroso— I 62-75—9
I Urea, N-ethyl—N—nitroso— I 759-73-9
I
I
I
P082
0176
N-Nitrosomethylethylamine
I Ethanamine, N—methyl—N— I
I nitroso— I 10595-95-6
I
I
——
N-Natroso-N—methy lurea
I Urea, N-methyl-N- I
I nitroso— I 684-93—5
I
I
0177
N-Nitroso-N—methylurethane
I Carbamic acid, I
I methylnitroso-ethyl I 615-53—2
I ester I
I
I
I
0178
N-Nitrosomethylviny lamine
I Vinylamine, N—methyl—N— I
I nitroso— I 4549-40—0
I
I
P084
N—Nitrosomorpholine
I Morpholine, 4—nitroso— I 59-89-2
I
N—Nitrosonornicotine
I Pyridine, 3—(1—nitroso— I
I 2—pyrrolidinyl)—, (5)— I
16543-55—8
I
I
——
N-Nitrosopiperidine
I Piperidine, 1—nitroso- I
100-75-4
I
0179
N—Nitrosopyrrolidine I Pyrrolidine, 1-nitroso— I
930-55—2
I
0180
N-Nitrososarcosine I Glycine, N-methyl-N- I
I nitroso— I
13256-22—9
I
I
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5-Nitro-o-toluidine
I
Benzenanune, 2—methyl--5- I
I
I
riitro— I 99—55—8
I
U181
Octamethylpyro-
I
I
I
phosphoramide
I
Diphosphoramide, I
I
I
octamethyl— I 152-16—9
I
P085
Osmium tetroxide
Oxamyl
I
I
I
I
I
I
I
Osmium oxide OsO(4), I
(T—4) — I 20816—12—0
Ethanimidothioc acid, I 23135-22—0
2-(dimethy lamino)-N- I
[ ((methylamino) I
carbony l]oxy]-2-oxo-, I
methyl ester I
I
I
I
I
I
I
I
P087
P194
Paraldehyde
I
I
1,3,5—Trioxane, 2,4,6— I
trimethyl— I 123—63—7
I
I
U182
Parathion
Pebulate
I
I
I
I
I
I
Phosphorothioic acid, I
0,0—diethyl O—(4— I 56—38—2
nitrophenyl) ester I
Carbamothioic acid, I 1114-71—2
butylethyl—, S-propyl I
ester I
I
I
I
I
I
I
P089
Pentachlorobenzene
Benzene, pentachloro- I 608-93-5
I
U183
Pentach lorodibenzo-p--
I
I ---
I
--
dioxins
I
I
I
Pentachlorodibenzofurans
I
I --—
I
-—
Pentachioroethane
I
Ethane, pentachioro- 76-01-7
I
U184
Pentachloronitrobenzene
I
Benzene,
I 82-68—8
U185
(PCNB)
I
pentachioronitro-
I
Pentach loropheriol
I
I
Phenol, pentachloro— 87-86—5
I
I
I
See
F027
Phenacetin
Phenol
I
I
I
Acetamide, N—(4- I
ethoxyphenyl)— I 62-44—2
Same I 108-95—2
I
I
U187
U188
Phenylenediamine
I
Benzenediamine I 25265-76-3
I
——
Phenylmercury acetate
Phenylthiourea
I
Mercury, (acetato—O) I
phenyl— I 62—38—4
Thiourea, phenyl- I 103-85-5
I
I
I
P092
P093
Phosgene
I
Carbonic dichloride I 75-44-5
I
P095
Phosphine
I
Same I 7803-51—2
I
P096
Phorate
I
I
I
I
Phosphorodithioic acid, I
0-0-diethyl S- I
( (ethy lthio)methyl] I 298—02—2
ester I
I
I
I
I
P094
Phthalic acid esters,
I
I
I
N.O.S{1}
I
I ———
I
——
Phthalic anhydride
I
1,3-Isobenzofurandione I 85-44—9
I
U190
Physostigmine
I
I
I
I
I
Pyrrolo [ 2,3-b ) indo l-5- I
01,1,2,3,3a,8,8a,— 57—47—6
hexahydro-1,3a,8—
trimethyl-, I
methylcarbamate I
(ester), (3aS—cis)— I
I
I
I
I
I
P204
Physostigmine
I
Benzoic acid, 2- I
I
salicylate
I
f
I
I
I
I
hydroxy-, compd. with I 57-64-7
(3aS—cis) —— 1,2,3,3a, I
8,8a—hexahydro—1,3a,8-
trimethylpyrrolo
[ 2,3—b) indol—5—yl I
methylcarbamate ester
(1:1) I
I
I
I
I
I
I
I
P188
2—Picoline
I
Pyridine, 2—methyl— I
109-06—8
I
13191
Polychlorinated biphenyls
I
I
I
N.O.S.(1)
I
I
———
I
“
Potassium cyanide
I
Potassium cyanide K(CN) I
151-50—8
I
P098
Potassium
I
Carbamodithioic acid, I
128-03—0
I
dimethyldithiocarbamate
I
dimethyl, potassium I
I
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I salt I
Potassium n- I Carbamodithioic acid, I 51026-28-9 I
methyldithiocarbamate I (hydroxymethyl) methyl I I
I —, monopotassium salt I
Potassium n- I Carbamodithioic acid, I 137-41-7 I
methyldithiocarbarnate I methyl—monopotassium I
I salt I I
Potassium I Pentachlorophenol, I
pentachioropheriate I potassium salt I 7778-73—6 I None
Potassium silver cyanide I Argentate(1-), bis I I
I (cyano—C)—, potassium I 506-61—6 I P099
Promecarb I Phenol, 3—methyl--5— I 2631-37—0 I P201
I (1-methylethyl)-, I I
I methyl carbamate I
I potassium I I
Pronamide I Benzamide, 3,5—dichioro— I I
I N—(1,1—dimethyl—2— I 23950—58—5 U192
I propynyl)- I I
1,3-Propane sultone I 1,2-Oxathiolane, I I
I 2,2—dioxide I 1120—71—4 U193
Propham I Carbamic acid, phenyl-, I 122-42-9 I U373
I 1—methylethyl ester I I
Propoxur I Phenol, 2-(1— I I
I methylethoxy)—, I 114—26—1 I U411
I methylcarbamate I I
n—Propylamine I 1-Propanamine 107-10—8 I U194
Propargyl alcohol I 2—Propyn—1-ol I 107-19—7 I P102
Propylene dichloride I Propane, 1,2—dichioro- I 78-87-5 I U083
1,2-Propylenimine I Aziridine, 2—methyl— I 75-55—8 I P067
Propyithiouracil I 4(1H)-Pyrimidinone, 2,3- I 51-52—5 I -—
I dihydro-6-propyl-2- I
I thioxo— I I
Prosulfocarb I Carbamothioic acid, I I
I dipropyl—, 5— I 52888—80—9 I 0387
I (phenylmethyl) ester I I
Pyridine I Same I 110-86—1 I 0196
Reserpine I Yohirnban—16—carboxylic I I
I acid, 11,17—dimethoxy— I 50-55—5 I 0200
I 18— [ (3,4,5— I I
I trimethoxybenzoyl) I I
I oxy]—, methyl ester, I I
(3beta,l6beta, l7alpha, I I
I l8beta,2oa lpha)- I I
Resorcinol I 1,3—Benzenediol I 108-46—3 I 0201
Saccharin I 1,2—Benzisothiazol—3(2H) I I
I —one, 1,1—dioxide I 81-07—2 I 0202
Saccharin salts I I --— I 0202
Safrole I 1,3—Benzodioxole, 5-(2- I I
I properiyl)— I 94-59—7 I 0203
Selenium I Same I 7782-49—2 I ——
Selenium compounds, I I I
N.0.S.{1} I I ——— I ——
Selenium dioxide I Selenious acid I 7783—00—8 I 0204
Selenium sulfide I Selenium sulfide SeS(2) I 7488-56—4 I 0205
Selenium, I Carbamodithioic acid, I 144-34-3 I
tetrakis (dimethyl— I dimethyl—, I I
dithiocarbamate I tetraanhydrosulfide I I
I with orthothioselenious I I
I acid I I
Selenourea I Same I 630—10—4 I P103
Silver I Same I 7440-224 I ——
Silver and compounds, I I I
N.O.S.{l} I I ——— I ——
Silver cyanide I Silver cyanide Ag(CN) I 506-64—9 I P104
Silvex (2,4,5—TP) I Propanoic acid, 2—(2,4, I 93—72—1 I See
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Sodium cyanide
Sodium dibutyldiothio-
carbamate
Sodium diethyldithio-
carbamate
Sodium diemethyldithio-
carbamate
Sodium
pentachiorophenate
Streptozotocin
Strychnine
Strychnine salts
TCDD
1, 2, 4, 5—Tetrachlorobenzene
Tetrachlorodibenzo-p-
dioxins
Tetrachlorodibenzofurans
Tetrachloroethane,
N.O.S. {1}
1, 1, 1, 2-Tetrachloroethane
1, 1,2, 2-Tetrachloroethane
Tetrachloroethylene
2,3,4, 6—Tetrachlorophenol
* * * 2 , 3, 4 , 6—
tetrachlorophenol,
potassium salt
2,3,4, 6—
tetrachlorophenol,
sodium salt
Tetraethyldithiopyro-
phosphate
Tetraethyl lead
Tetraethyl pyrophosphate
Te t rame th yl t hi u ram
monosul fide
Tetranitromethane
Thallium
Thallium compounds,
N.O.S. (1)
Thallic oxide
Thallium(I) acetate
Thallium(I) carbonate
Thallium(I) chloride
Thallium(I} nitrate
Thallium selenite
Thallium(I) sulfate
Thioacetamide
Thiodicarb
5-trichlorophenoxy) -
Sodium cyanide Na(CN)
Carbamodjthioic acid,
dibutyl, sodium salt
Carbamodithioic acid,
diethyl—, sodium salt
Carbamodithioic acid,
diemethyl-, sodium salt
Pentachlorophenol,
sodium salt
D-Glucose, 2-deoxy-2-
[ C (methylnitrosoamino)
carbonyl] amino) -
Strychnidin-10—one
Dibenzo [ b,e] [ 1,4]
dioxin, 2,3,7,8—
tetrachloro—
Benzene, 1,2,4,5—
tetrach loro-
Ethane, tetrachloro—,
N.O.S.
Ethane, 1,1,1,2—
tetrachloro—
Ethane, 1,1,2,2—
tetrachloro—
Ethane, tetrachloro—
Phenol, 2,3,4,6—
tetrachloro-
Same
Thiodiphosphoric acid,
tetraethyl ester
Plumbane, tetraethyl-
Diphosphoric acid,
tetraethyl ester
Bis (dimethylthio-
carbamoyl) sulfide
Methane, tetranitro
Same
Thallium oxide Tl(2)O(3)
Acetic acid,
thallium(l+) salt
Carbonic acid,
dithallium(1+) salt
Thallium chloride T1C1
Nitric acid,
thallium(14-) salt
Selenious acid,
dithallium(1+) salt
Sulfuric acid,
dithallium(l-i-) salt
Ethanethioamide
Ethanimidothioic acid,
N, N’ — [ thiobis
[ (methylimino)
0209
0210
See
F027
F02 7
P106
None
0206
P108
P108
U2 07
0208
Same
143—33—9 I
136-30—1 I
148—18—5 I
128—04—1 I
131-52—2 I
18883—66—4 I
57—24—9 I
1746-01—6 I
95—94—3 I
25322—20—7 I
630—20—6 I
79—34—5 I
127-18—4 I
58—90—2 I
53535-27—6 I
25567-55—9 I
3689—24—5 I
78—00—2 I
107—49—3 I
97—74—5 I
509—14—8 I
7440-28—0 I
1314—32—5
563-68—8 I
6533-73—9 I
7791-12—0 I
10102—45—1 I
12039-52—0 I
7446—18—6 I
62—55—5 I
59669-26—0 I
None
None
P109
P110
P ill
P112
P113
0214
0215
0216
0217
P114
P115
0218
0410
99o 1 102
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1200-1-11-02 Identification and Listing of 1-lazardons Waste (lntegrated)http //www2 ihscnv corn/pioducts cgi/fedst 9whcie=(ftcid%3dII72)&t.rI&idatcl999I I
I
carbonyloxy]] bis-,
I
I
I
dimethyl ester
I
I
Thiofanox
I
2—Butanone, 3,3-dimethyl
I
I
I
—1—(methylthio)—,O—
I 39196—18—4
I
P045
I
[ (methylamino)
I
I
I
carbonyl] oxime
I
I
Thiomethanol
I
Methanethiol
I 74-93—1
I
0153
Thiophanate—methyl
I
I
I
I
Carbamic acid, [ 1,2-
phyenylenebis
(imxnocarbonothioyl)]
bis-, dimethyl ester
I
I 23564-05—8
I
I
I
I
I
I
0409
Thiophenol
I
Benzenethiol
I 108-98—5
I
2014
Thiosemicarbazide
I
Hydrazinecarbothioamide
I 79-19-6
I
2116
Thiourea
I
Same
I 62-56—6
I
0219
Thiram
I
I
I
I
Thioperoxydicarbonic
diarnide
[ (H(2)N)C(S)](2)S(2),
tetramethyl—
I 137-26—8
I
I
I
I
I
I
I
0244
Tirpate
Toluene
I
I
I
I
I
I
1,3—Dithiolane-2—
carboxaldehyde,
2,4-dimethyl—,
O- [ (methylamino)
carbonyl] oxime
Benzene, methyl-
I
I 26419—73—8
I
I
I
I 108-88-3
I
I
I
I
I
I
P185
0220
Toluenediamine
I
I
Benzenediamine,
ar—methyl—
I
I 25376—45—8
I
I
0221
Toluene-2,4-diamine
I
I
1,3-Benzenediamine,
4—methyl—
I
I 95—80—7
I
I
——
Toluene-2,6-diamine
I
I
1,3-Benzenediamine,
2—methyl—
I
I 823—40—5
I
I
——
Toluene-3,4-diamine
Toluene diisocyanate
o-Toluidine
I
I
I
I
I
1,2-Benzenediamine,
4—methyl—
Benzene, 1,3—
diisocyanatonethyl—
Benzamine, 2—methyl—
I
I 496-72—0
I
I 26471-62—5
I 95—53—4
I
I
I
I
I
——
0223
0328
o-Toluidine hydrochloride
p-Toluidine
I
I
I
Benzenamine, 2-methyl-,
hydrochloride
Benzenamine, 4—methyl—
I
I 636—21--S
I 106-49—0
I
I
I
0222
0353
Toxaphene
I
Same
I 8001-35—2
I
P123
Triallate
2, 4, 6-Tribromophenol
I
I
I
I
I
Carbamothioic acid, bis
(1-methylethyl)-, 5-
(2,3,3—trschloro—2-
propenyl) ester
Tribromophenol, 2, 4, 6—
I 2303-17—S
I
I
I
I 118-79-6
I
I
I
I
I
0389
0408
1,2,4—Trichlorobenzene
1,1,2—Trichloroethane
I
I
I
Benzene, 1,2,4-
trichloro—
Ethane, 1,1,2—trichloro—
I
I 120-82—1
I 79—00—5
I
I
I
-—
0227
Trichloroethylene
I
Ethene, tnchloro
I 79-01-6
I
0228
Trichloromethanethiol
I
Methanethiol, trichloro—
I 75-70-7
I
2118
Trichloromonofluoro-
I
Methane,
I
I
methane
I
trichlorofluoro—
I 75-69—4
I
0121
2,4,S-Trichlorophenol
I
I
Phenol, 2,4,5—trichloro— I 95-95—4
I
I
I
See
F027
2,4,6-Trichlorophenol
I
I
Phenol, 2,4,6—trichloro— I 88-06—2
I
I
I
See
F027
2,4,5—T
Trichloropropane,
I
I
I
Acetic acid, (2,4,5—
trichloro—phenoxy)—
93—76—S
25735299
I
I
I
See
F027
N.O. 541)
I
I
1,2,3-Trichloropropane
Triethylamine
I
I
I
Propane, 1,2,3—
trichloro-
Ethanamine, N,N-diethyl-
96-18—4
121-44-8
I
I
I
——
0404
O ,O,O-Triethylphosphoro-
I
Phosphorothioic acid,
I
thaoate
I
0,0,0-triethyl ester
126-68—1
I
-—
1,3,5—Trinitrobenzene
I
Benzene, 1,3,5—trinitro—
99-35—4
I
0234
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{ I } The abbreviation N 0 S (not otherwise specified) signifies those members of the general class not
specifically listed by name in this appendix
Appendix IX - - (Reserved) [ 40 C F R 261 Appendix IX ]
(Note EPA maintains the listing in Appendix IX)
Tris(1—aziridinyl)
I
Azridine, l,l,l”—
I
I
I
I
I
phosphine sulfide
I
phosphinothioyli-
I
I
dynetris—
I
52 —24—4
Tris(2,3—dibromopropyl)
I
1—Propanol, 2,3-
I
phosphate
I
I
dibromo-, phosphate
(3:1)
I
I
126-72—7
I
I
0235
Trypan blue
I
I
I
I
I
I
2,7-Naphthalendisulfonic
acid, 3,3’— [ (3,3’—
thmethyl(1,1’—bsphenyl)
—4,4’—diyl)bis(azo)]—
bis(5—amino—4-hydroxy— ,
tetrasodium salt
I
I
I
I
I
I
72—57—1
I
I
I
I
I
I
0236
Uracil mustard
Vanadium pentoxide
I
I
I
I
2,4(lH,3H)—
Pyrimidinedione, 5—(bis
(2—chloroethyl)amsno]—
Vanadium oxide V(2)o(5)
I
I
I
I
66-75—1
1314-62—1
I
I
I
I
0237
P120
Vernolate
I
I
I
Carbamothioic acid,
dipropyl-, S-propyl
ester
I
I
I
1929-77—7
I
I
I
Vinyl chloride
I
Ethene, chloro-
I
75-01—4
I
0043
Warfarin
I
I
I
I
I
I
2H—1—Benzopyran—2—one,4- -
hydroxy-3—(3—oxo—1—
phenylbutyl)-, when
present at
concentrations
than 0 -3%
I
I
I
I
I
I
81-81—2
I
I
I
I
I
I
0248
Warfarin
I
I
I
I
I
I
2H-1—Benzopyran—2—one, 4—
hydroxy-3-(3—oxo—1—
phenylbutyl)-, when
present at
concentrations greater
than 0.3%
I
I
I
I
I
I
81-81—2
I
I
I
I
I
I
POOl
Warfarin salts, when
I
I
---
I
U248
present at concentrations
I
I
I
less than 0.3%
I
I
I
Warfarin salts, when
I
I
———
I
POOl
present at concentrations
I
I
I
greater than 0.3%
I
I
I
Zinc cyanide
I
Zinc cyanide Zn(CN) (2)
I
557—21—1
I
P121
Zinc phosphide
I
I
$
I
Zinc phosphide
Zn(3)P(2) when present
at concentrations
greater than 10%
I
I
I
I
1314-84-7
I
I
I
I
P122
Zinc phosphide
I
I
I
I
Zinc phosphide
Zn(3)P(2), when present
at concentrations of
10% or less
I
I
I
I
1314-84—7
I
I
I
I
0249
Ziram
I
I
I
Zinc,
bis(dimethylcarbamo-
dithioato—S,S’)-, (T-4)—
I
I
I
137-30—4
I
I
I
P205
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Authority I C A § 4-5-202 and 68-212-101 et seq
Administrative History Original rule filed January 16, 198 I, effective March 2, 198 1
Amendment filed November 29, 1984, effective December 29, 1984
Amendment filed January 3, 1986, effective December 4, 1986
Amendment filed November 20, 1987, effective January 4, 1988
Amendment filed October 20, 1988, effective December 4, 1988
Amendment filed October 12, 1989, effective November 26, 1989
Amendment filed November 6, 1989, effective February 28, 1990
Amendment filed March 5, 198 I, effective April 19, 1994
Amendment filed December 3 1, 1991, effective February 14, 1992
Amendment filed March 19, 1993, effective May 3, 1993
Amendment filed November 30, 1993, effective February 13, 1994
Amendment filed June 5, 1995, effective August 19, 1995
Amendment filed January 29, 1997, effective April 14, 1997
Amendment filed August 28, 1997, effective November I 1, 1997
Amendment filed June 29, 1998, effective September 12, 1998
Repeal and new rule filed May 7, 1999, effective July 19, 1999
Copyright © 1999 LHS Environmental Information, Inc.
All Rights Reserved.
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