Subpart
D:
§261.30 General.
(a) A solid waste is a hazardous waste if it is listed in this
subpart, unless it has been excluded from this list under
§§260.20 and 260.22.
(b) The Administrator will indicate his basis for listing the
classes or types of wastes listed in this subpart by employing
one or more of the following Hazard Codes:
TABLE/GRAPH OMITTED
Appendix VII identifies the constituent which caused the
Administrator to list the waste as a Toxicity Characteristic
Waste (E) or Toxic Waste (T) in §§261.31 and 261.32.
(c) Each hazardous waste listed in this subpart is assigned an
EPA Waste Number which precedes the name of the waste. This
number must be used in complying with the notification
requirements of Section 3010 of the Act and certain recordkeeping
and reporting requirements under Parts 262 through 265, 268, and
Part 270 of this chapter.
(d) The following hazardous wastes listed in §261.31 or §261.32
are subject to the exclusion limits for acutely hazardous wastes
established in §261.5: EPA Hazardous Wastes Nos. FO20, FO21,
FO22, FO23, FO26, and FO27.
(45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1,
1983; 50 FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR
11863, Mar. 29, 1990)
§261.31 Hazardous wastes from non-specific sources.
(a) The following solid wastes are listed hazardous wastes from
non-specific sources unless they are excluded under §§260.20
and 260.22 and listed in appendix IX.
TABLE/GRAPH OMITTED
(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 no longer than 5 days; or (C) the hydraulic
retention time is no longer than 30 days and the unit does not
generate a sludge that is a hazardous waste by the Toxicity
Characteristic.
(ii) Generators and treatment, storage and disposal facilities
have the burden of proving that their sludges are exempt from
listing as F037 and F038 wastes under this definition. Generators
and treatment, storage and disposal facilities must maintain, in
their operating or other onsite records, documents and data
sufficient to prove that: (A) the unit is an aggressive
biological treatment unit as defined in this subsection; and (B)
the sludges sought to be exempted from the definitions of F037
and/or F038 were actually generated in the aggressive biological
treatment unit.
(3) (i) For the purposes of the F037 listing, sludges are
considered to be generated at the moment of deposition in the
unit, where deposition is defined as at least a temporary
cessation of lateral particle movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at the moment of
deposition in the unit, where deposition is defined as at least a
temporary cessation of lateral particle movement and
(B) floats are considered to be generated at the moment they are
formed in the top of the unit.
(46 FR 4617, Jan. 16, 1981)
Editorial Note: For Federal Register citations affecting 261.31,
see the List of CFR Sections Affected in the Finding Aids section
of this volume.
§261.32 Hazardous wastes from specific sources.
The following solid wastes are listed hazardous wastes from
specific sources unless they are excluded under §§260.20 and
260.22 and listed in appendix IX.
TABLE/GRAPH OMITTED
(46 FR 4618, Jan. 16, 1981)
Editorial Note: For Federal Register citations affecting
§261.32, see the List of CFR Sections Affected in the Finding
Aids section of this volume.
§261.33 Discarded commercial chemical products,
off-specification species, container residues, and spill residues
thereof.
The following materials or items are hazardous wastes if and when
they are discarded or intended to be discarded as described in
§261.2(a)(2)(i), when they are mixed with waste oil or used oil
or other material and applied to the land for dust suppression or
road treatment, when they are otherwise applied to the land in
lieu of their original intended use or when they are contained in
products that are applied to the land in lieu of their original
intended use, or when, in lieu of their original intended use,
they are produced for use as (or as a component of) a fuel,
distributed for use as a fuel, or burned as a fuel.
(a) Any commercial chemical product, or manufacturing chemical
intermediate having the generic name listed in paragraph (e) or
(f) of this section.
(b) Any off-specification commercial chemical product or
manufacturing chemical intermediate which, if it met
specifications, would have the generic name listed in paragraph
(e) or (f) of this section.
(c) Any residue remaining in a container or in an inner liner
removed from a container that has held any commercial chemical
product or manufacturing chemical intermediate having the generic
name listed in paragraphs (e) or (f) of this section, unless the
container is empty as defined in §261.7(b) of this chapter.
(Comment: Unless the residue is being beneficially used or
reused, or legitimately recycled or reclaimed; or being
accumulated, stored, transported or treated prior to such use,
re-use, recycling or reclamation, EPA considers the residue to be
intended for discard, and thus, a hazardous waste. An example of
a legitimate re-use of the residue would be where the residue
remains in the container and the container is used to hold the
same commercial chemical product or manufacturing chemical
intermediate it previously held. An example of the discard of the
residue would be where the drum is sent to a drum reconditioner
who reconditions the drum but discards the residue.)
(d) Any residue or contaminated soil, water or other debris
resulting from the cleanup of a spill into or on any land or
water of any commercial chemical product or manufacturing
chemical intermediate having the generic name listed in paragraph
(e) or (f) of this section, or any residue or contaminated soil,
water or other debris resulting from the cleanup of a spill, into
or on any land or water, of any off-specification chemical
product and manufacturing chemical intermediate which, if it met
specifications, would have the generic name listed in paragraph
(e) or (f) of this section.
(Comment: The phrase "commercial chemical product or
manufacturing chemical intermediate having the generic name
listed in . . .'' refers to a chemical substance which is
manufactured or formulated for commercial or manufacturing use
which consists of the commercially pure grade of the chemical,
any technical grades of the chemical that are produced or
marketed, and all formulations in which the chemical is the sole
active ingredient. It does not refer to a material, such as a
manufacturing process waste, that contains any of the substances
listed in paragraph (e) or (f). Where a manufacturing process
waste is deemed to be a hazardous waste because it contains a
substance listed in paragraph (e) or (f), such waste will be
listed in either §261.31 or §261.32 or will be identified as a
hazardous waste by the characteristics set forth in subpart C of
this part.)
(e) The commercial chemical products, manufacturing chemical
intermediates or off-specification commercial chemical products
or manufacturing chemical intermediates referred to in paragraphs
(a) through (d) of this section, are identified as acute
hazardous wastes (H) and are subject to be the small quantity
exclusion defined in §261.5(e).
(Comment: For the convenience of the regulated community the
primary hazardous properties of these materials have been
indicated by the letters T (Toxicity), and R (Reactivity).
Absence of a letter indicates that the compound only is listed
for acute toxicity.)
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
TABLE/GRAPH OMITTED
(f) The commercial chemical products, manfacturing chemical
intermediates, or off-specification commercial chemical products
referred to in paragraphs (a) through (d) of this section, are
identified as toxic wastes (T), unless otherwise designated and
are subject to the small quantity generator exclusion defined in
§261.5 (a) and (g).
(Comment: For the convenience of the regulated community, the
primary hazardous properties of these materials have been
indicated by the letters T (Toxicity), R (Reactivity), I
(Ignitability) and C (Corrosivity). Absence of a letter indicates
that the compound is only listed for toxicity.)
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
TABLE/GRAPH OMITTED
(Approved by the Office of Management and Budget under control
number 2050-0047)
(45 FR 78529, 78541, Nov. 25, 1980)
Editorial Note: For Federal Register citations affecting
§261.33, see the List of CFR Sections Affected in the Finding
Aids section of this volume.
§261.35 Deletion of certain hazardous waste codes following
equipment cleaning and replacement.
(a) Wastes from wood preserving processes at plants that do not
resume or initiate use of chlorophenolic preservatives will not
meet the listing definition of F032 once the generator has met
all of the requirements of paragraphs (b) and (c) of this
section. These wastes may, however, continue to meet another
hazardous waste listing description or may exhibit one or more of
the hazardous waste characteristics.
(b) Generators must either clean or replace all process equipment
that may have come into contact with chlorophenolic formulations
or constituents thereof, including, but not limited to, treatment
cylinders, sumps, tanks, piping systems, drip pads, fork lifts,
and trams, in a manner that minimizes or eliminates the escape of
hazardous waste or constituents, leachate, contaminated drippage,
or hazardous waste decomposition products to the ground water,
surface water, or atmosphere.
(1) Generators shall do one of the following:
(i) Prepare and follow an equipment cleaning plan and clean
equipment in accordance with this section;
(ii) Prepare and follow an equipment replacement plan and replace
equipment in accordance with this section; or
(iii) Document cleaning and replacement in accordance with this
section, carried out after termination of use of chlorophenolic
preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment cleaning plan that
describes:
(A) The equipment to be cleaned;
(B) How the equipment will be cleaned;
(C) The solvent to be used in cleaning;
(D) How solvent rinses will be tested; and
(E) How cleaning residues will be disposed.
(ii) Equipment must be cleaned as follows:
(A) Remove all visible residues from process equipment;
(B) Rinse process equipment with an appropriate solvent until
dioxins and dibenzofurans are not detected in the final solvent
rinse.
(iii) Analytical requirements.
(A) Rinses must be tested in accordance with SW-846, Method 8290.
(B) "Not detected'' means at or below the lower method
calibration limit (MCL) in Method 8290, Table 1.
(iv) The generator must manage all residues from the cleaning
process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment replacement plan that
describes:
(A) The equipment to be replaced;
(B) How the equipment will be replaced; and
(C) How the equipment will be disposed.
(ii) The generator must manage the discarded equipment as F032
waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning and/or replacement
was performed in accordance with this section and occurred after
cessation of use of chlorophenolic preservatives.
(c) The generator must maintain the following records documenting
the cleaning and replacement as part of the facility's operating
record:
(1) The name and address of the facility;
(2) Formulations previously used and the date on which their use
ceased in each process at the plant;
(3) Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement plan;
(5) The name and address of any persons who conducted the
cleaning replacement;
(6) The dates on which cleaning and replacement were
accomplished;
(7) The dates of sampling and testing;
(8) A description of the sample handling and preparation
techniques, including techniques used for extraction,
containerization, preservation, and chain-of-custody of the
samples;
(9) A description of the tests performed, the date the tests were
performed, and the results of the tests;
(10) The name and model numbers of the instrument(s) used in
performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the generator or his
authorized representative:
I certify under penalty of law that all process equipment
required to be cleaned or replaced under 40 CFR §261.35 was
cleaned or replaced as represented in the equipment cleaning and
replacement plan and accompanying documentation. I am aware that
there are significant penalties for providing false information,
including the possibility of fine or imprisonment.
(55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1,
1991)
Effective Date Note: At 55 FR 50482, Dec. 6, 1990, §261.35 was
added. Paragraph (c) contains information collection and
recordkeeping requirements and will not become effective until
approval has been given by the Office of Management and Budget. A
notice will be published in the Federal Register once approval
has been obtained.