§261.3 Definition of hazardous waste.
(a) A solid waste, as
defined in §261.2, is a hazardous waste if:
(1) It is not excluded from regulation as a hazardous waste under
§261.4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste
identified in subpart C except that 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 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 I to §261.24 that would not have been exceeded
by the excluded waste alone if the mixture had not occurred or if
it continues to exceed the maximum concentration for any
contaminant exceeded by the nonexempt waste prior to mixture.
(ii) It is listed in subpart D of this part and has not been
excluded from the lists in subpart D of this part under
§§260.20 and 260.22 of this chapter.
(iii) It is a mixture 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.
(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 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 either section
402 or section 307(b) of the Clean Water Act (including
wastewater at facilities which have eliminated the discharge of
wastewater) and:
(A) One or more of the following solvents listed in §261.31 --
carbon tetrachloride, tetrachloroethylene, trichloroethylene --
Provided, That the maximum total weekly usage of these solvents
(other than the amounts that can be demonstrated not to be
discharged to wastewater) divided by the average weekly flow of
wastewater into the headworks of the facility's wastewater
treatment or pretreatment system does not exceed 1 part per
million; or
(B) One or more of the following spent solvents listed in
§261.31 -- methylene chloride, 1,1,1-trichloroethane,
chlorobenzene, o-dichlorobenzene, cresols, cresylic acid,
nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide,
isobutanol, pyridine, spent chlorofluorocarbon solvents --
provided that the maximum total weekly usage of these solvents
(other than the amounts that can be demonstrated not to be
discharged to wastewater) divided by the average weekly flow of
wastewater into the headworks of the facility's wastewater
treatment or pretreatment system does not exceed 25 parts per
million; or
(C) One of the following wastes listed in §261.32 -- heat
exchanger bundle cleaning sludge from the petroleum refining
industry (EPA Hazardous Waste No. K050); or
(D) A discarded commercial chemical product, or chemical
intermediate listed in §261.33, arising from de minims losses of
these materials from manufacturing operations in which these
materials are used as raw materials or are produced in the
manufacturing process. For purposes of this paragraph
(a)(2)(iv)(D), "de minims'' 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 reinstate
from empty containers or from containers that are rendered empty
by that rinsing; or
(E) Wastewater resulting from
laboratory operations containing toxic (T) wastes listed in
subpart D of this part, Provided, That the annualized average
flow of laboratory wastewater does not exceed one percent of
total wastewater flow into the headworks of the facility's
wastewater treatment or pre-treatment system, or provided the
wastes, combined annualized average concentration does not exceed
one part per 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.
(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 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) 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)(v) through (viii).
(C) Nonwastewater residues, such as slag, resulting from high
temperature metals recovery (HTMR) processing of K061 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 40 CFR §260.10(6), (7), and (12), that are disposed
in subtitle D units, provided that these residues meet the
generic exclusion levels identified below 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. The generic exclusion levels are:
TABLE/GRAPH OMITTED
For each shipment of K061 HTMR residues sent to subtitle D unit
that meets the generic exclusion levels for all constituents, and
does not exhibit any characteristic, a notification and
certification must be sent to the appropriate Regional
Administrator (or delegated representative) or State authorized
to implement Part 268 requirements. The notification must include
the following information: (1) The name and address of the
subtitle D unit receiving the waste shipment; (2) the EPA
hazardous waste number and treatability group at the initial
point of generation; (3) 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) 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) Sunset provision. Paragraphs (a)(2)(iv) and (c)(2)(i) of this
section shall remain in effect only until April 28, 1993.
(57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992)
Effective Date Note: At 57 FR 7632, Mar. 3, 1992 §261.3 was
revised, effective February 18, 1992. Paragraphs (a)(2)(iv) and
(c)(2)(i) will expire on April 28, 1993.