Hazardous Waste Generator Regulations Compendium
Volume 14: Hazardous Waste Generators and the Mixture Rule
January 2022
U.S. Environmental Protection Agency
Office of Resource Conservation and Recovery
Materials Recovery and Waste Management Division
4% ¦¦¦¦¦J United States
Environmental Protection
mm Agency
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Main Index
Volume 14: Mixing Hazardous Waste
Introduction
Resource View
Resources by Document Category
Code of Federal Regulations (CFR) View Index.
CFR View
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This document includes the following sections:
• Resource View - outlines the document types by which resources are organized.
• Resources by Document Category - lists resources for each document category outlined
in the Resource View.
• CFR View - provides relevant Code of Federal Regulations (CFR) language reformatted
for easy reading.
These three main sections are cross-referenced, i.e., each section includes hyperlinks to the other
sections. In addition, each section and its accompanying index include a hyperlink to the Main
Index that allows the user to easily navigate from one section to another.
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Introduction
Return to: Main Index
About the Compendium
The Hazardous Waste Generator Regulations Compendium serves as a user-friendly reference to
assist regulators, industrial facilities generating and managing solid and hazardous wastes, and
the general public in locating resources relevant to specific regulatory topics within the federal
hazardous waste generator program.
The objective of this document is to consolidate and streamline the various resources on a topic
into a user-friendly format, including references to relevant CFR language, Federal Register (FR)
notices, documents posted on RCRA Online (i.e., guidance in the form of memoranda issued by
EPA, Q&As, and other publications), and other resources, such as Frequent Questions webpages.
The Compendium has been divided into multiple volumes that are available here:
www.epa.gov/hwgenerators/hazardous-waste-generator-regulations-compendium.
This document does not change any of the existing solid or hazardous waste requirements, nor
does it offer an exhaustive list of relevant resources, as new resources may come into being or
older ones may be relevant to a specific issue, but not included. Certain available resources, such
as superseded RCRA Online documents, have not been referenced. Rather than including or
reproducing referenced resources, this document generally provides hyperlinks to individual
resources. As an exception, the Compendium does include relevant sections of the most current
CFR regulatory language (as of the date on the cover of the Compendium). The included CFR
language has been reformatted to make it easier to read, but it is not a substitute for the official
CFR itself, or for the requirements in the CFR. The Government Printing Office frequently
updates the e-CFR website; where appropriate, hyperlinks to the respective CFR section at the e-
CFR website are provided.
Most states are authorized to administer their own RCRA Subtitle C hazardous waste program.
Therefore, states may have their own set of regulations that apply in lieu of federal regulations.
State regulations must be at least as stringent as the federal standards, but they can be more
stringent. Please visit the following website to determine if the state regulatory program is
different from the federal program: https://www.epa.gov/hwgenerators/links-hazardous-waste-
programs-and-us-state-environmental-agencies, and check with your state agency.
About the Mixing Hazardous Waste Volume
This volume of the Compendium lists resources pertaining to provisions about generators mixing
hazardous waste and solid waste, including the mixture rule. These provisions are found at 40
CFR Part 261 and 262. This volume does not cover "mixed waste," a term for mixtures of
hazardous waste and radioactive waste. Information on mixed waste can be found at EPA's site
about how mixed waste is regulated. For more information regarding other topics that apply to
facilities generating hazardous waste, refer to other volumes of the Compendium and EPA's
Hazardous Waste Generators Webpage.
Please note that the Hazardous Waste Generator Improvements rule of 2016 created new sections
in Part 262, which contains the regulations pertaining to generators. Accordingly, some citations
in the generator requirements in older resources in this Compendium are outdated, including
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references to § 261.5, § 262.34, and others. Please see the preamble to the final Hazardous Waste
Generator Improvements rule for a discussion of the reorganization of the regulations (81 FR
85735-85740, November 28, 2016). For a specific crosswalk of the regulation citation changes,
refer to www.epa.gov/hwgenerators/hazardous-waste-generator-regulations-crosswalk.
For more information on these regulations and any other questions or comments concerning this
document, please contact EPA's Office of Resource Conservation and Recovery:
Kathy Lett
1 ett. kathy @epa. gov
Mary Beth Sheridan
sheridan.marybeth@epa.gov
U.S. Environmental Protection Agency
Office of Resource Conservation and Recovery
1200 Pennsylvania Avenue, N.W. (MC: 5304T)
Washington, DC 20460
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Resource View
Return to: Main Index
Mixing Hazardous Waste
Resource Index:
• Table 1: Policy Memos on Mixing Hazardous and Solid Waste
o EPA Memoranda
o Questions and Answers (O&As)
o Publications
• Table 2: Memos on the "Contained-In" Policy and Mixtures of Hazardous Waste
and Non-Waste
o EPA Memoranda
o Questions and Answers (O&As)
o EPA Training Modules
• Table 3: Memos with Examples of Mixture Scenarios
o EPA Memoranda
o Questions and Answers (O&As)
• Table 4: Federal Register Notices
o Federal Register Notices
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Resources by Document Category
Return to: Main Index Resource View
Table 1: Policy Memos on Mixing Hazardous and Solid Waste
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Memoranda
12012
Railroad Ties as
Hazardous Waste
Under Mixture
Rule, Small
Quantity
Generator
11/17/1980
Creosote; Commercial
Chemical Products;
Discard
11004
Regulation of
Rinsate from
Triple Rinsing of
Containers
11/18/1980
Chemical Product;
Rinsate
12030
Mixing Rule
Definition
06/09/1981
Delisting Petitions;
Listed Wastes;
Characteristic Wastes
11035
Run-Off From
Active Portions of
Hazardous Waste
Management Units
04/10/1984
Precipitation Run-Off;
Landfill Run-Off;
Leachate
12332
Leachate and
Precipitation
Runn-off at LFs,
Waste Piles, and
LT Units,
Hazardous Waste
from Mixture of
11/14/1984
Precipitation Run-Off;
Landfill Run-Off;
Leachate
Further
explanation of
the contents of
RO 11035
from
04/10/1984.
11106
Mixture of
Characteristic
Waste and Listed
Waste, Ash from
Incineration
10/07/1985
Listed Hazardous
Waste; Combustion
Residuals
11173
Treatment of
Hazardous Waste
in Pipelines
Leading to a
Wastewater
Treatment Plant
08/19/1986
Laboratory
Wastewater; De
Minimis; Characteristic
Hazardous Waste;
Treatment
11327
Wastes Containing
F001-F005
Constituents
02/22/1988
Hazardous
Constituents; Land
Disposal Restrictions
(LDR); Hazardous
Waste Characteristics
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11339
Electroplating
Rinsewaters Not
in F007-009
Listings
04/07/1988
F-Wastes; Rinsewaters;
Cyanide Plating
11626
Application of the
"Mixture" Rule to
Petroleum
Refinery
Wastewater
Systems
07/05/1991
Wastewater Separation
Sludges; F037; F038
11845
Interpretation of
the Mixture Rule
Exemption as it
Relates to
Scrubber Water
from the
Incineration of
Certain Solvents
06/10/1994
Mixture Rule
Exemption; Headworks
Exemption; Scrubber
Water; Wastewater
14045
Clarification of the
"Mixture Rule,"
the "Contained-In"
Polity, Land
Disposal
Restrictions
(LDR) Issues, and
"Point of
Generation" for
U096
02/27/1996
U-Wastes; Spills
14256
Clarification of
Mixture Rule for
Oil and Gas
Exploration and
Production Wastes
09/25/1997
Bevill Wastes; Oil and
Gas Exploration and
Production (E&P)
Wastes; Treatment
14391
Sludges From
Wastewater
Mixtures
09/13/1999
Mixed Wastewaters;
F006; Precursor
Wastewaters; Listed
Wastewaters
14579
Clarification of the
New Mixture and
Derived-From
Rules for F003
12/11/2001
F003; Ignitability; Land
Disposal Restrictions
(LDR)
14749
LDR
Requirements for
F003 and D001
Wastes
06/27/2005
F003; D001;
Ignitability; Land
Disposal Restrictions
(LDR); Hazardous
Waste Numbers
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14827
Containers that
Once Held P-
Listed
Pharmaceuticals
11/04/2011
Warfarin; Nicotine
Products; Residues;
Counting; Triple
Rinsing
14836
Clarification on
the Dilution of
Listed F003
Hazardous Waste
03/01/2013
F003; Ignitability;
Dilution; Land
Disposal Restrictions
(LDR)
14883
Memo on
Fuel/Water
Mixtures
11/01/2016
Benzene; Fuel Mixture;
Commercial Chemical
Product (CCP)
Q&As
12721
Hazardous Wastes
Listed Solely for
Subpart C
Characteristics
09/01/1986
Listed Hazardous
Waste; Delisting
13097
Mixture Rule -
Discharges to
Wastewater
12/01/1987
Solvents; Commercial
Chemical Products
(CCPs); Spills; De
Minimis Losses
13419
Mixture Exclusion
11/01/1990
Mixture Rule
Exemption; Headworks
Exemption; Sludges;
Wastewater Treatment
Facilities
14181
De Minimis
Wastewater
Mixtures Sent Off
Site
03/01/1998
Discarded Commercial
Chemical Products
(CCPs); Wastewater
Exclusion; Transport
Off Site
14334
Pickling Bath
Carryover and
K062
01/01/1999
Steel Finishing;
Pickling Liquor;
Rinsewaters; Spent
Materials
14633
Mixture Rule
Exclusion for
Wastewater
Containing Toxic
Waste
09/01/2002
Wastewater;
Characteristic Wastes;
Laboratory Wastewater
14644
Applicability of
LDR to Bevill
Mixtures
11/01/2002
Bevill Mixtures; Non-
Excluded Wastes;
Underlying Hazardous
Constituents (UHCs);
Land Disposal
Restrictions (LDR);
Treatment
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Publications
EPA530/K
Exemption of Oil
October
Exemptions;
See pages 13-
-01/004
and Gas
2002
Treatment; Caustic
17.
Exploration and
Soda
Document
Production Wastes
available at
from Federal
EPA's
Hazardous Waste
National
Regulations
Service Center
for
Environmental
Publications.
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Table 2: Memos on the "Contained-In" Policy and Mixtures of Hazardous Waste and Non-
Waste
Return to: Main Index I Resource View
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MB8SB—ImSSBBL
TOIMflilSili
Resource I
Memoranda
11125
Mixture Rule
Applied to Leaks,
Spills, and Illegal
Discharges of
Listed Wastes to
Surface Waters
01/23/1986
Sediment
Contamination;
Industrial Wastewater
Discharges; Point
Source Discharge
11195
Groundwater
Contaminated with
Hazardous Waste
Leachate
11/13/1986
Groundwater
Contamination;
Corrective Action
11455
Dredge Sediments
08/11/1989
Dredged Sediments;
Contaminated
Sediments; Contained-In
Polity; Clean Water Act
(CWA)
11707
Classification of
F003 Wastes
11/04/1992
Xylene; Acetone;
Contaminated Soil; Land
Disposal Restrictions
(LDR)
11387
Regulatory Status
of Personnel
Protective
Equipment
01/03/1998
Personal Protective
Equipment (PPE);
Treatment
14291
Management of
Remediation
Waste Under
RCRA
10/14/1998
Contained-In Policy;
Land Disposal
Restrictions (LDR);
Treatment Standards;
Debris
This memo
does not
address the
mixture rule
specifically,
but is a good
overview of
the contained-
in policy and
related policy.
Q&As
13373
Groundwater
"Contained In"
Policy
05/01/1990
Groundwater; Storage
Tanks; Legitimate
Recycling
EPA Training
EPA530-
Introduction to
09/01/2005
Mixture Rule; Derived-
See Section
Modules
K-05-012
Hazardous Waste
Identification (40
CFR Part
261)
From Rule; Contained-
In Policy
2.6 for the
mixture rule
and Section
2.7 for the
contained-in
policy.
J it
1
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Table 3: Memos with Examples of Mixture Scenarios
Return to: Main Index I Resource View
J
HEQ
1
Memoranda
12126
Mixing of Methanol as Non-Hazardous
Waste
07/12/1983
11140
Mixture of Methanol and Solid Waste Which
Does Not Exhibit Any Characteristics
03/21/1986
11146
Carbon Regeneration Facility, Mixture of
Solid and Hazardous Waste (Calgon)
04/23/1986
11198
Regulatory Status of Electroplating
Rinsewater Containing Cyanides
11/24/1986
11213
Mixtures of Solid and Hazardous Wastes
01/27/1987
11220
Process Wastes Containing Inks, Paints, and
Adhesives
02/19/1987
11269
F009 Listing and the Mixture Rule to
Electroplating Rinsewaters and Resins;
Electroplating Rinsewaters
07/28/1987
11283
Caustic Rinsing Metal Parts
08/07/1987
11320
Waste Generated by an Incinerator Trial
Burn of Sand Spiked With Trichlorobenzene
and Hexachloroethane
01/14/1988
11447
Acetone and Methanol Contaminated
Washwaters
07/21/1989
11619
Position Paper on Spent Absorbent Materials
06/21/1991
13570
Regulatory Requirements Pertaining to the
Management of Waste Solvents and Used
Oil
10/28/1992
Memo came
out before the
part 279 Used
Oil Standards
were
promulgated.
Q&As
12849
F006 Electroplating Wastewater Treatment
Sludge
02/01/1987
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Table 4: Federal Register Notices
Return to: Main Index I Resource View
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BM1
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¦HffiRRL. MSSm
Resource 1 "i lie
IXile
Federal
54 FR
Mining Waste
09/01/1989
Bevill Exclusion;
See pages
Register
36592
Exclusion Final
Mixtures
36622-36623
Notices
Rule
of the
preamble.
57 FR
Hazardous Waste
03/03/1992
Mixture Rule;
7628
Management
Hazardous Waste
System; Definition
of Hazardous
Waste; "Mixture"
and "Derived-
Form" Interim
Final Rule
63 FR
Land Disposal
05/26/1998
Bevill Exclusion;
See pages
28556
Restrictions Phase
Mixtures
28596-28597
IV Final Rule
of the
preamble.
66 FR
Hazardous Waste
05/16/2001
Mixture Rule;
Contains a
27266
Identification Rule
Hazardous Waste
useful legal
(HWIR):
history of
Revisions to the
these rules.
Mixture and
Derived-From
Final Rule
81 FR
Hazardous Waste
11/28/2016
Mixture Rule;
See pages
85732
Generator
Hazardous Waste
85756-85757
Improvements
of the
Rule
preamble.
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CFR View Index
Return to: Main Index
I
261.3
Definition of Hazardous Waste
262.13(f)
Mixing Hazardous Wastes with Solid Wastes
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CFR View
Return to: Main Index
NOTE: The CFR language may have been excerpted, reformatted and appended with
subheadings and explanations/terms in brackets.
§ 261.3 Definition of Hazardous Waste
View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index
(a) A solid waste, as defined in § 261.2, is a hazardous waste if:
(1) It is not excluded from regulation as a hazardous waste under § 261.4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste identified in subpart C of
this part. However, any mixture of a waste from the extraction, beneficiation, and
processing of ores and minerals excluded under § 261.4(b)(7) and any other solid
waste exhibiting a characteristic of hazardous waste under subpart C is a hazardous
waste only if it exhibits a characteristic that would not have been exhibited by the
excluded waste alone if such mixture had not occurred, or if it continues to exhibit
any of the characteristics exhibited by the non-excluded wastes prior to mixture.
Further, for the purposes of applying the Toxicity Characteristic to such mixtures,
the mixture is also a hazardous waste if it exceeds the maximum concentration for
any contaminant listed in table 1 to § 261.24 that would not have been exceeded by
the excluded waste alone if the mixture had not occurred or if it continues to exceed
the maximum concentration for any contaminant exceeded by the nonexempt waste
prior to mixture.
(ii) It is listed in subpart D of this part and has not been excluded from the lists in
subpart D of this part under §§ 260.20 and 260.22 of this chapter.
(iii) [Reserved]
(iv) It is a mixture of solid waste and one or more hazardous wastes listed in subpart
D of this part and has not been excluded from paragraph (a)(2) of this section under
§§ 260.20 and 260.22, paragraph (g) of this section, or paragraph (h) of this section;
however, the following mixtures of solid wastes and hazardous wastes listed in
subpart D of this part are not hazardous wastes (except by application of paragraph
(a)(2)(i) or (ii) of this section) if the generator can demonstrate that the mixture
consists of wastewater the discharge of which is subject to regulation under either
section 402 or section 307(b) of the Clean Water Act (including wastewater at
facilities which have eliminated the discharge of wastewater) and;
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(A) One or more of the following spent solvents listed in § 261.31—benzene,
carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters
derived-from the combustion of these spent solvents—Provided, That the
maximum total weekly usage of these solvents (other than the amounts that can be
demonstrated not to be discharged to wastewater) divided by the average weekly
flow of wastewater into the headworks of the facility's wastewater treatment or
pretreatment system does not exceed 1 part per million, OR the total measured
concentration of these solvents entering the headworks of the facility's wastewater
treatment system (at facilities subject to regulation under the Clean Air Act, as
amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable
limit in a federal operating permit that minimizes fugitive emissions), does not
exceed 1 part per million on an average weekly basis. Any facility that uses
benzene as a solvent and claims this exemption must use an aerated biological
wastewater treatment system and must use only lined surface impoundments or
tanks prior to secondary clarification in the wastewater treatment system.
Facilities that choose to measure concentration levels must file a copy of their
sampling and analysis plan with the Regional Administrator, or State Director, as
the context requires, or an authorized representative ("Director" as defined in 40
CFR 270.2). A facility must file a copy of a revised sampling and analysis plan
only if the initial plan is rendered inaccurate by changes in the facility's
operations. The sampling and analysis plan must include the monitoring point
location (headworks), the sampling frequency and methodology, and a list of
constituents to be monitored. A facility is eligible for the direct monitoring option
once they receive confirmation that the sampling and analysis plan has been
received by the Director. The Director may reject the sampling and analysis plan
if he/she finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate the
weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the facility is
not following the sampling and analysis plan, the Director shall notify the facility
to cease the use of the direct monitoring option until such time as the bases for
rejection are corrected; or
(B) One or more of the following spent solvents listed in § 261.31-methylene
chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols,
cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide,
isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the
scrubber waters derived-from the combustion of these spent solvents—
Provided That the maximum total weekly usage of these solvents (other than the
amounts that can be demonstrated not to be discharged to wastewater) divided by
the average weekly flow of wastewater into the headworks of the facility's
wastewater treatment or pretreatment system does not exceed 25 parts per million,
OR the total measured concentration of these solvents entering the headworks of
the facility's wastewater treatment system (at facilities subject to regulation under
the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
subject to an enforceable limit in a federal operating permit that minimizes
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fugitive emissions), does not exceed 25 parts per million on an average weekly
basis. Facilities that choose to measure concentration levels must file a copy of
their sampling and analysis plan with the Regional Administrator, or State
Director, as the context requires, or an authorized representative ("Director" as
defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and
analysis plan only if the initial plan is rendered inaccurate by changes in the
facility's operations. The sampling and analysis plan must include the monitoring
point location (headworks), the sampling frequency and methodology, and a list
of constituents to be monitored. A facility is eligible for the direct monitoring
option once they receive confirmation that the sampling and analysis plan has
been received by the Director. The Director may reject the sampling and analysis
plan if he/she finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate the
weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the facility is
not following the sampling and analysis plan, the Director shall notify the facility
to cease the use of the direct monitoring option until such time as the bases for
rejection are corrected; or
(C) One of the following wastes listed in § 261.32, provided that the wastes are
discharged to the refinery oil recovery sewer before primary oil/water/solids
separation—heat exchanger bundle cleaning sludge from the petroleum refining
industry (EPA Hazardous Waste No. K050), crude oil storage tank sediment from
petroleum refining operations (EPA Hazardous Waste No. K169), clarified slurry
oil tank sediment and/or in-line filter/separation solids from petroleum refining
operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst (EPA
Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA Hazardous
Waste No. K172); or
(D) A discarded hazardous waste, commercial chemical product, or chemical
intermediate listed in §§ 261.31 through 261.33, arising from de minimis losses of
these materials. For purposes of this paragraph (a)(2)(iv)(D), de minimis losses
are inadvertent releases to a wastewater treatment system, including those from
normal material handling operations (e.g., spills from the unloading or transfer of
materials from bins or other containers, leaks from pipes, valves or other devices
used to transfer materials); minor leaks of process equipment, storage tanks or
containers; leaks from well maintained pump packings and seals; sample
purgings; relief device discharges; discharges from safety showers and rinsing and
cleaning of personal safety equipment; and rinsate from empty containers or from
containers that are rendered empty by that rinsing. Any manufacturing facility that
claims an exemption for de minimis quantities of wastes listed in §§ 261.31
through 261.32, or any nonmanufacturing facility that claims an exemption for de
minimis quantities of wastes listed in subpart D of this part must either have
eliminated the discharge of wastewaters or have included in its Clean Water Act
permit application or submission to its pretreatment control authority the
constituents for which each waste was listed (in 40 CFR 261 appendix VII) of this
16
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part; and the constituents in the table "Treatment Standards for Hazardous
Wastes" in 40 CFR 268.40 for which each waste has a treatment standard {i.e.,
Land Disposal Restriction constituents). A facility is eligible to claim the
exemption once the permit writer or control authority has been notified of
possible de minimis releases via the Clean Water Act permit application or the
pretreatment control authority submission. A copy of the Clean Water permit
application or the submission to the pretreatment control authority must be placed
in the facility's on-site files; or
(E) Wastewater resulting from laboratory operations containing toxic (T) wastes
listed in subpart D of this part, Provided, That the annualized average flow of
laboratory wastewater does not exceed one percent of total wastewater flow into
the headworks of the facility's wastewater treatment or pre-treatment system or
provided the wastes, combined annualized average concentration does not exceed
one part per million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not
to be discharged to wastewater are not to be included in this calculation; or
(F) One or more of the following wastes listed in § 261.32—wastewaters from the
production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
K157)—Provided that the maximum weekly usage of formaldehyde, methyl
chloride, methylene chloride, and triethylamine (including all amounts that cannot
be demonstrated to be reacted in the process, destroyed through treatment, or is
recovered, i.e., what is discharged or volatilized) divided by the average weekly
flow of process wastewater prior to any dilution into the headworks of the
facility's wastewater treatment system does not exceed a total of 5 parts per
million by weight OR the total measured concentration of these chemicals
entering the headworks of the facility's wastewater treatment system (at facilities
subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61,
or 63, or at facilities subject to an enforceable limit in a federal operating permit
that minimizes fugitive emissions), does not exceed 5 parts per million on an
average weekly basis. Facilities that choose to measure concentration levels must
file copy of their sampling and analysis plan with the Regional Administrator, or
State Director, as the context requires, or an authorized representative ("Director"
as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and
analysis plan only if the initial plan is rendered inaccurate by changes in the
facility's operations. The sampling and analysis plan must include the monitoring
point location (headworks), the sampling frequency and methodology, and a list
of constituents to be monitored. A facility is eligible for the direct monitoring
option once they receive confirmation that the sampling and analysis plan has
been received by the Director. The Director may reject the sampling and analysis
plan if he/she finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate the
weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the facility is
not following the sampling and analysis plan, the Director shall notify the facility
17
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to cease the use of the direct monitoring option until such time as the bases for
rejection are corrected; or
(G) Wastewaters derived-from the treatment of one or more of the following
wastes listed in § 261.32—organic waste (including heavy ends, still bottoms,
light ends, spent solvents, filtrates, and decantates) from the production of
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156).—
Provided, that the maximum concentration of formaldehyde, methyl chloride,
methylene chloride, and triethylamine prior to any dilutions into the headworks of
the facility's wastewater treatment system does not exceed a total of 5 milligrams
per liter OR the total measured concentration of these chemicals entering the
headworks of the facility's wastewater treatment system (at facilities subject to
regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or
at facilities subject to an enforceable limit in a federal operating permit that
minimizes fugitive emissions), does not exceed 5 milligrams per liter on an
average weekly basis. Facilities that choose to measure concentration levels must
file copy of their sampling and analysis plan with the Regional Administrator, or
State Director, as the context requires, or an authorized representative ("Director"
as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and
analysis plan only if the initial plan is rendered inaccurate by changes in the
facility's operations. The sampling and analysis plan must include the monitoring
point location (headworks), the sampling frequency and methodology, and a list
of constituents to be monitored. A facility is eligible for the direct monitoring
option once they receive confirmation that the sampling and analysis plan has
been received by the Director. The Director may reject the sampling and analysis
plan if he/she finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate the
weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the facility is
not following the sampling and analysis plan, the Director shall notify the facility
to cease the use of the direct monitoring option until such time as the bases for
rejection are corrected.
(v) Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total
halogens is presumed to be a hazardous waste because it has been mixed with
halogenated hazardous waste listed in subpart D of part 261 of this chapter. Persons may
rebut this presumption by demonstrating that the used oil does not contain hazardous
waste (for example, to show that the used oil does not contain significant concentrations
of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter).
(A) The rebuttable presumption does not apply to metalworking oils/fluids
containing chlorinated paraffins, if they are processed, through a tolling agreement,
to reclaim metalworking oils/fluids. The presumption does apply to metalworking
oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
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(B) The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation. The rebuttable presumption does apply to used oils
contaminated with CFCs that have been mixed with used oil from sources other than
refrigeration units.
(b) A solid waste which is not excluded from regulation under paragraph (a)(1) of this
section becomes a hazardous waste when any of the following events occur:
(1) In the case of a waste listed in subpart D of this part, when the waste first meets the
listing description set forth in subpart D of this part.
(2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when
a hazardous waste listed in subpart D is first added to the solid waste.
(3) In the case of any other waste (including a waste mixture), when the waste exhibits
any of the characteristics identified in subpart C of this part.
(c) Unless and until it meets the criteria of paragraph (d) of this section:
(1) A hazardous waste will remain a hazardous waste.
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h) of this section, any
solid waste generated from the treatment, storage, or disposal of a hazardous waste,
including any sludge, spill residue, ash emission control dust, or leachate (but not
including precipitation run-off) is a hazardous waste. (However, materials that are
reclaimed from solid wastes and that are used beneficially are not solid wastes and hence
are not hazardous wastes under this provision unless the reclaimed material is burned for
energy recovery or used in a manner constituting disposal.)
(ii) The following solid wastes are not hazardous even though they are generated from the
treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of
the characteristics of hazardous waste:
(A) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor
from the iron and steel industry (SIC Codes 331 and 332).
(B) Waste from burning any of the materials exempted from regulation by §
261.6(a)(3)(iii) and (iv).
(C)(7) Nonwastewater residues, such as slag, resulting from high temperature metals
recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as
rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors,
rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined
in paragraphs (6), (7), and (13) of the definition for "Industrial furnace" in 40 CFR
260.10), that are disposed in subtitle D units, provided that these residues meet the
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generic exclusion levels identified in the tables in this paragraph for all constituents,
and exhibit no characteristics of hazardous waste. Testing requirements must be
incorporated in a facility's waste analysis plan or a generator's self-implementing
waste analysis plan; at a minimum, composite samples of residues must be collected
and analyzed quarterly and/or when the process or operation generating the waste
changes. Persons claiming this exclusion in an enforcement action will have the
burden of proving by clear and convincing evidence that the material meets all of the
exclusion requirements.
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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
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(2) A one-time notification and certification must be placed in the facility's files
and sent to the EPA region or authorized state for K061, K062 or F006 HTMR
residues that meet the generic exclusion levels for all constituents and do not
exhibit any characteristics that are sent to subtitle D units. The notification and
certification that is placed in the generators or treaters files must be updated if the
process or operation generating the waste changes and/or if the subtitle D unit
receiving the waste changes. However, the generator or treater need only notify
the EPA region or an authorized state on an annual basis if such changes occur.
Such notification and certification should be sent to the EPA region or authorized
state by the end of the calendar year, but no later than December 31. The
notification must include the following information: The name and address of the
subtitle D unit receiving the waste shipments; the EPA Hazardous Waste
Number(s) and treatability group(s) at the initial point of generation; and, the
treatment standards applicable to the waste at the initial point of generation. The
certification must be signed by an authorized representative and must state as
follows: "I certify under penalty of law that the generic exclusion levels for all
constituents have been met without impermissible dilution and that no
characteristic of hazardous waste is exhibited. I am aware that there are
significant penalties for submitting a false certification, including the possibility
of fine and imprisonment."
(D) Biological treatment sludge from the treatment of one of the following wastes listed
in § 261.32—organic waste (including heavy ends, still bottoms, light ends, spent
solvents, filtrates, and decantates) from the production of carbamates and carbamoyl
oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
(E) Catalyst inert support media separated from one of the following wastes listed in §
261.32—Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent
hydrorefining catalyst (EPA Hazardous Waste No. K172).
(d) Any solid waste described in paragraph (c) of this section is not a hazardous waste if it
meets the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the characteristics of
hazardous waste identified in subpart C of this part. (However, wastes that exhibit a
characteristic at the point of generation may still be subject to the requirements of part
268, even if they no longer exhibit a characteristic at the point of land disposal.)
(2) In the case of a waste which is a listed waste under subpart D of this part, contains a
waste listed under subpart D of this part or is derived from a waste listed in subpart D of
this part, it also has been excluded from paragraph (c) of this section under §§ 260.20 and
260.22 of this chapter.
(e) [Reserved]
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(f) Notwithstanding paragraphs (a) through (d) of this section and provided the debris as
defined in part 268 of this chapter does not exhibit a characteristic identified at subpart C of
this part, the following materials are not subject to regulation under 40 CFR parts 260, 261
to 266, 268, or 270:
(1) Hazardous debris as defined in part 268 of this chapter that has been treated using one
of the required extraction or destruction technologies specified in Table 1 of § 268.45 of
this chapter; persons claiming this exclusion in an enforcement action will have the
burden of proving by clear and convincing evidence that the material meets all of the
exclusion requirements; or
(2) Debris as defined in part 268 of this chapter that the Regional Administrator,
considering the extent of contamination, has determined is no longer contaminated with
hazardous waste.
(g)(1) A hazardous waste that is listed in subpart D of this part solely because it exhibits one
or more characteristics of ignitability as defined under § 261.21, corrosivity as defined
under § 261.22, or reactivity as defined under § 261.23 is not a hazardous waste, if the
waste no longer exhibits any characteristic of hazardous waste identified in subpart C of this
part.
(2) The exclusion described in paragraph (g)(1) of this section also pertains to:
(i) Any mixture of a solid waste and a hazardous waste listed in subpart D of this
part solely because it exhibits the characteristics of ignitability, corrosivity, or
reactivity as regulated under paragraph (a)(2)(iv) of this section; and
(ii) Any solid waste generated from treating, storing, or disposing of a hazardous
waste listed in subpart D of this part solely because it exhibits the characteristics of
ignitability, corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this
section.
(3) Wastes excluded under this section are subject to part 268 of this chapter (as
applicable), even if they no longer exhibit a characteristic at the point of land disposal.
(4) Any mixture of a solid waste excluded from regulation under § 261.4(b)(7) and a
hazardous waste listed in subpart D of this part solely because it exhibits one or more of
the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph
(a)(2)(iv) of this section is not a hazardous waste, if the mixture no longer exhibits any
characteristic of hazardous waste identified in subpart C of this part for which the
hazardous waste listed in subpart D of this part was listed.
(h)(1) Hazardous waste containing radioactive waste is no longer a hazardous waste when it
meets the eligibility criteria and conditions of 40 CFR part 266, Subpart N ("eligible
radioactive mixed waste").
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(2) The exemption described in paragraph (h)(1) of this section also pertains to:
(i) Any mixture of a solid waste and an eligible radioactive mixed waste; and
(ii) Any solid waste generated from treating, storing, or disposing of an eligible
radioactive mixed waste.
(3) Waste exempted under this section must meet the eligibility criteria and specified
conditions in 40 CFR 266.225 and 40 CFR 266.230 (for storage and treatment) and in 40
CFR 266.310 and 40 CFR 266.315 (for transportation and disposal). Waste that fails to
satisfy these eligibility criteria and conditions is regulated as hazardous waste.
§ 262.13(f) Generator Category Determinations
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A generator must determine its generator category. A generator's category is based on the
amount of hazardous waste generated each month and may change from month to month.
This section sets forth procedures to determine whether a generator is a very small quantity
generator, a small quantity generator, or a large quantity generator for a particular month, as
defined in § 260.10 of this chapter.
(f) Mixing hazardous wastes with solid wastes—
(1) Very small quantity generator wastes.
(i) Hazardous wastes generated by a very small quantity generator may be mixed
with solid wastes. Very small quantity generators may mix a portion or all of its
hazardous waste with solid waste and remain subject to § 262.14 even though the
resultant mixture exceeds the quantity limits identified in the definition of very
small quantity generator at § 260.10 of this chapter, unless the mixture exhibits
one or more of the characteristics of hazardous waste identified in part 261
subpart C of this chapter.
(ii) If the resulting mixture exhibits a characteristic of hazardous waste, this
resultant mixture is a newly-generated hazardous waste. The very small quantity
generator must count both the resultant mixture amount plus the other hazardous
waste generated in the calendar month to determine whether the total quantity
exceeds the very small quantity generator calendar month quantity limits
identified in the definition of generator categories found in § 260.10 of this
chapter. If so, to remain exempt from the permitting, interim status, and operating
standards, the very small quantity generator must meet the conditions for
exemption applicable to either a small quantity generator or a large quantity
generator. The very small quantity generator must also comply with the applicable
independent requirements for either a small quantity generator or a large quantity
generator.
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(iii) If a very small quantity generator's wastes are mixed with used oil, the
mixture is subject to 40 CFR part 279. Any material produced from such a
mixture by processing, blending, or other treatment is also regulated under 40
CFR part 279.
(2) Small quantity generator and large quantity generator wastes.
(i) Hazardous wastes generated by a small quantity generator or large quantity
generator may be mixed with solid waste. These mixtures are subject to the
following: the mixture rule in §§ 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the
prohibition of dilution rule at § 268.3(a); the land disposal restriction
requirements of § 268.40 if a characteristic hazardous waste is mixed with a solid
waste so that it no longer exhibits the hazardous characteristic; and the hazardous
waste determination requirement at § 262.11.
(ii) If the resulting mixture is found to be a hazardous waste, this resultant mixture
is a newly-generated hazardous waste. A small quantity generator must count both
the resultant mixture amount plus the other hazardous waste generated in the
calendar month to determine whether the total quantity exceeds the small quantity
generator calendar monthly quantity limits identified in the definition of generator
categories found in § 260.10 of this chapter. If so, to remain exempt from the
permitting, interim status, and operating standards, the small quantity generator
must meet the conditions for exemption applicable to a large quantity generator.
The small quantity generator must also comply with the applicable independent
requirements for a large quantity generator.
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