[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Parts 260 to 265
Revised as of July 1, 2014
Containing a codification of documents of general
applicability and future effect
As of July 1, 2014
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 803
Alphabetical List of Agencies Appearing in the CFR...... 823
List of CFR Sections Affected........................... 833
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 260.1 refers
to title 40, part 260,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed as
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
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the revision dates of the 50 CFR titles.
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INQUIRIES
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available at www.ecfr.gov.
Charles A. Barth,
Director,
Office of the Federal Register.
July 1, 2014.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-three
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
end of part 60, sections), part 60 (Appendices), parts 61-62, part 63
(63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), part
63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-end of
part 63), parts 64-71, parts 72-80, parts 81-84, parts 85-86, parts 87-
95, parts 96-99, parts 100-135, parts 136-149, parts 150-189, parts 190-
259, parts 260-265, parts 266-299, parts 300-399, parts 400-424, parts
425-699, parts 700-789, parts 790-999, and part 1000 to end. The
contents of these volumes represent all current regulations codified
under this title of the CFR as of July 1, 2014.
Chapter I--Environmental Protection Agency appears in all thirty-
three volumes. Regulations issued by the Council on Environmental
Quality, including an Index to Parts 1500 through 1508, appear in the
volume containing part 1000 to end. The OMB control numbers for title 40
appear in Sec. 9.1 of this chapter.
For this volume, Michele Bugenhagen was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 260 to 265)
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Part
chapter i--Environmental Protection Agency (Continued)...... 260
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000, and 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part Page
260 Hazardous waste management system: General.. 5
261 Identification and listing of hazardous
waste................................... 31
262 Standards applicable to generators of
hazardous waste......................... 285
263 Standards applicable to transporters of
hazardous waste......................... 346
264 Standards for owners and operators of
hazardous waste treatment, storage, and
disposal facilities..................... 352
265 Interim status standards for owners and
operators of hazardous waste treatment,
storage, and disposal facilities........ 601
[[Page 5]]
SUBCHAPTER I_SOLID WASTES (CONTINUED)
PART 260_HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents
Subpart A_General
Sec.
260.1 Purpose, scope, and applicability.
260.2 Availability of information; confidentiality of information.
260.3 Use of number and gender.
Subpart B_Definitions
260.10 Definitions.
260.11 References.
Subpart C_Rulemaking Petitions
260.20 General.
260.21 Petitions for equivalent testing or analytical methods.
260.22 Petitions to amend part 261 to exclude a waste produced at a
particular facility.
260.23 Petitions to amend 40 CFR part 273 to include additional
hazardous wastes.
260.30 Non-waste determinations and variances from classification as a
solid waste.
260.31 Standards and criteria for variances from classification as a
solid waste.
260.32 Variances to be classified as a boiler.
260.33 Procedures for variances from classification as a solid waste,
for variances to be classified as a boiler, or for non-waste
determinations.
260.34 Standards and criteria for non-waste determinations.
260.40 Additional regulation of certain hazardous waste recycling
activities on a case-by-case basis.
260.41 Procedures for case-by-case regulation of hazardous waste
recycling activities.
260.42 Notification requirement for hazardous secondary materials.
260.43 Legitimate recycling of hazardous secondary materials regulated
under Sec. 260.34, Sec. 261.2(a)(2)(ii), and
Sec. 261.4(a)(23), (24), or (25).
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Source: 45 FR 33073, May 19, 1980, unless otherwise noted.
Effective Date Note: The reporting or recordkeeping provisions
included in the final rule published at 47 FR 32274, July 26, 1982, will
be submitted for approval to the Office of Management and Budget (OMB),
and will not become effective until OMB approval has been obtained. EPA
will publish a notice of the effective date of the reporting and
recordkeeping provisions of this rule after it obtains OMB approval.
Subpart A_General
Sec. 260.1 Purpose, scope, and applicability.
(a) This part provides definitions of terms, general standards, and
overview information applicable to parts 260 through 265 and 268 of this
chapter.
(b) In this part: (1) Section 260.2 sets forth the rules that EPA
will use in making information it receives 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 under parts 260 through 265 and 268 of this
chapter.
(2) Section 260.3 establishes rules of grammatical construction for
parts 260 through 265 and 268 of this chapter.
(3) Section 260.10 defines terms which are used in parts 260 through
265 and 268 of this chapter.
(4) Section 260.20 establishes procedures for petitioning EPA to
amend, modify, or revoke any provision of parts 260 through 265 and 268
of this chapter and establishes procedures governing EPA's action on
such petitions.
(5) Section 260.21 establishes procedures for petitioning EPA to
approve testing methods as equivalent to those prescribed in parts 261,
264, or 265 of this chapter.
(6) Section 260.22 establishes procedures for petitioning EPA to
amend subpart D of part 261 to exclude a waste from a particular
facility.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Sec. 260.2 Availability of information; confidentiality of information.
(a) Any information provided to EPA under parts 260 through 265 and
268 of this chapter 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,
[[Page 6]]
section 3007(b) of RCRA and EPA regulations implementing the Freedom of
Information Act and section 3007(b), part 2 of this chapter, as
applicable.
(b) Any person who submits information to EPA in accordance with
parts 260 through 266 and 268 of this chapter may assert a claim of
business confidentiality covering part or all of that information by
following the procedures set forth in Sec. 2.203(b) of this chapter.
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 this chapter except that information required by Secs. 262.53(a) and
262.83 that is submitted in a notification of intent to export a
hazardous waste will be provided to the U.S. Department of State and the
appropriate authorities in the transit and receiving or importing
countries 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.
[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40636, Nov. 7, 1986; 61 FR 16309, Apr. 12, 1996]
Effective Date Note: At 79 FR 7557, Feb. 7, 2014, Sec. 260.2 was
revised, effective Aug. 6, 2014. For the convenience of the user, the
revised text is set forth as follows:
Sec. 260.2 Availability of information; confidentiality of information.
(a) Any information provided to EPA under parts 260 through 266 and
268 of this chapter 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), and part 2 of this
chapter, as applicable.
(b) Except as provided under paragraph (c) of this section, any
person who submits information to EPA in accordance with parts 260
through 266 and 268 of this chapter may assert a claim of business
confidentiality covering part or all of that information by following
the procedures set forth in Sec. 2.203(b) of this chapter. 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 this
chapter except that information required by Sec. 262.53(a) and
Sec. 262.83 that is submitted in a notification of intent to export a
hazardous waste will be provided to the U.S. Department of State and the
appropriate authorities in the transit and receiving or importing
countries 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.
(c)(1) After August 6, 2014, no claim of business confidentiality
may be asserted by any person with respect to information entered on a
Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest
Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format
that may be prepared and used in accordance with Sec. 262.20(a)(3) of
this chapter.
(2) EPA will make any electronic manifest that is prepared and used
in accordance with Sec. 262.20(a)(3), or any paper manifest that is
submitted to the system under Secs. 264.71(a)(6) or 265.71(a)(6) of this
chapter available to the public under this section when the electronic
or paper manifest is a complete and final document. Electronic manifests
and paper manifests submitted to the system are considered by EPA to be
complete and final documents and publicly available information after 90
days have passed since the delivery to the designated facility of the
hazardous waste shipment identified in the manifest.
Sec. 260.3 Use of number and gender.
As used in parts 260 through 265 and 268 of this chapter:
(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.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Subpart B_Definitions
Sec. 260.10 Definitions.
When used in parts 260 through 273 of this chapter, the following
terms have the meanings given below:
Above ground tank means a device meeting the definition of ``tank''
in Sec. 260.10 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.
[[Page 7]]
Act or RCRA means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
section 6901 et seq.
Active life of a facility means the period from the initial receipt
of hazardous waste at the facility until the Regional Administrator
receives certification of final closure.
Active portion means that portion of a facility where treatment,
storage, or disposal operations are being or have been conducted after
the effective date of part 261 of this chapter and which is not a closed
portion. (See also ``closed portion'' and ``inactive portion''.)
Administrator means the Administrator of the Environmental
Protection Agency, or his designee.
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 ground water 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
sections(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 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 Regional Administrator has determined,
on a case-by-case basis, to be a boiler, after considering the standards
in Sec. 260.32.
Carbon dioxide stream means carbon dioxide that has been captured
from an emission source (e.g., power plant), plus incidental associated
substances derived from the source materials and the capture process,
and any substances added to the stream to enable or improve the
injection process.
Carbon regeneration unit means any enclosed thermal treatment device
[[Page 8]]
used to regenerate spent activated carbon.
Cathode ray tube or CRT means a vacuum tube, composed primarily of
glass, which is the visual or video display component of an electronic
device. A used, intact CRT means a CRT whose vacuum has not been
released. A used, broken CRT means glass removed from its housing or
casing whose vacuum has been released.
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''.)
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 ground water.
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 subpart
DD of parts 264 or 265 of this chapter.
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 waste or hazardous waste constituents
which could threaten human health or the environment.
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 submerged metal piping systems and metal
tanks.
CRT collector means a person who receives used, intact CRTs for
recycling, repair, resale, or donation.
CRT glass manufacturer means an operation or part of an operation
that uses a furnace to manufacture CRT glass.
CRT processing means conducting all of the following activities:
(1) Receiving broken or intact CRTs; and
(2) Intentionally breaking intact CRTs or further breaking or
separating broken CRTs; and
(3) Sorting or otherwise managing glass removed from CRT monitors.
Designated facility means:
(1) A hazardous waste treatment, storage, or disposal facility
which:
(i) Has received a permit (or interim status) in accordance with the
requirements of parts 270 and 124 of this chapter;
(ii) Has received a permit (or interim status) from a State
authorized in accordance with part 271 of this chapter; or
(iii) Is regulated under Sec. 261.6(c)(2) or subpart F of part 266
of this chapter; and
(iv) That has been designated on the manifest by the generator
pursuant to Sec. 262.20.
(2) Designated facility also means a generator site designated on
the manifest to receive its waste as a return shipment from a facility
that has rejected the waste in accordance with Sec. 264.72(f) or
Sec. 265.72(f) of this chapter.
(3) 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 paragraphs (a) and (c) of
Secs. 273.13 and 273.33 of this chapter. 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.
[[Page 9]]
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.
Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
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 solid waste or hazardous waste into or on any
land or water so that such solid waste or hazardous waste or any
constituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including ground waters.
Disposal facility means a facility or part of a facility at which
hazardous waste is intentionally placed into or on any land or water,
and at which waste will remain after closure. The term disposal facility
does not include a corrective action management unit into which
remediation wastes are placed.
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 Sec. 261.22 of
this chapter, or they are listed in subpart D of part 261 of the chapter
only for this reason; and
(2) Meets the definition of tank, tank system, container, transport
vehicle, or vessel in Sec. 260.10 of this chapter.
EPA hazardous waste number means the number assigned by EPA to each
hazardous waste listed in part 261, subpart D, of this chapter and to
each characteristic identified in part 261, subpart C, of this chapter.
EPA identification number means the number assigned by EPA to each
generator, transporter, and treatment, storage, or disposal facility.
EPA region means the states and territories found in any one of the
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia,
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa,
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
Equivalent method means any testing or analytical method approved by
the Administrator under Secs. 260.20 and 260.21.
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 has
commenced construction if:
(1) The owner or operator has obtained the Federal, State and local
approvals or permits necessary to begin physical construction; and
either
(2)(i) A continuous on-site, physical construction program has
begun; or
(ii) The owner or operator has entered into contractual
obligations--which cannot be cancelled 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
[[Page 10]]
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
(IED), other potentially explosive material or device, or 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 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, or for managing hazardous secondary materials prior to
reclamation. 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 40 CFR
264.101 or 267.101, all contiguous property under the control of the
owner or operator seeking a permit under Subtitle C of RCRA. This
definition also applies to facilities implementing corrective action
under RCRA Section 3008(h).
(3) Notwithstanding paragraph (2) of this definition, a remediation
waste management site is not a facility that is subject to 40 CFR
264.101, but is subject to corrective action requirements if the site is
located within such a facility.
Federal agency means any department, agency, or other
instrumentality of the Federal Government, any independent agency or
establishment of the Federal Government including any Government
corporation, and the Government Printing Office.
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.
[[Page 11]]
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 parts
264 and 265 of this chapter are no longer conducted at the facility
unless subject to the provisions in Sec. 262.34.
Food-chain crops means tobacco, crops grown for human consumption,
and crops grown for feed for animals whose products are consumed by
humans.
Free liquids means liquids which readily separate from the solid
portion of a waste under ambient temperature and pressure.
Freeboard means the vertical distance between the top of a tank or
surface impoundment dike, and the surface of the waste contained
therein.
Gasification. For the purpose of complying with 40 CFR
261.4(a)(12)(i), gasification is a process, conducted in an enclosed
device or system, designed and operated to process petroleum feedstock,
including oil-bearing hazardous secondary materials through a series of
highly controlled steps utilizing thermal decomposition, limited
oxidation, and gas cleaning to yield a synthesis gas composed primarily
of hydrogen and carbon monoxide gas.
Generator means any person, by site, whose act or process produces
hazardous waste identified or listed in part 261 of this chapter or
whose act first causes a hazardous waste to become subject to
regulation.
Ground water means water below the land surface in a zone of
saturation.
Hazardous secondary material means a secondary material (e.g., spent
material, by-product, or sludge) that, when discarded, would be
identified as hazardous waste under part 261 of this chapter.
Hazardous secondary material generated and reclaimed under the
control of the generator means:
(1) That such material is generated and reclaimed at the generating
facility (for purposes of this defintion, generating facility means all
contiguous property owned, leased, or otherwise controlled by the
hazardous secondary material generator); or
(2) That such material is generated and reclaimed at different
facilities, if the reclaiming facility is controlled by the generator or
if both the generating facility and the reclaiming facility are
controlled by a person as defined in Sec. 260.10, and if the generator
provides one of the following certifications: ``on behalf of [insert
generator facility name], I certify that this facility will send the
indicated hazardous secondary material to [insert reclaimer facility
name], which is controlled by [insert generator facility name] and that
[insert the name of either facility] has acknowledged full
responsibility for the safe management of the hazardous secondary
material,'' or ``on behalf of [insert generator facility name] I certify
that this facility will send the indicated hazardous secondary material
to [insert reclaimer facility name], that both facilities are under
common control, and that [insert name of either facility] has
acknowledged full responsibility for the safe management of the
hazardous secondary material.'' For purposes of this paragraph,
``control'' means the power to direct the policies of the facility,
whether by the ownership of stock, voting rights, or otherwise, except
that contractors who operate facilities on behalf of a different person
as defined in Sec. 260.10 shall not be deemed to ``control'' such
facilities, or
(3) That such material is generated pursuant to a written contract
between a tolling contractor and a toll manufacturer and is reclaimed by
the tolling contractor, if the tolling contractor certifies the
following: ``On behalf of [insert tolling contractor name], I certify
that [insert tolling contractor name], has a written contract with
[insert toll manufacturer name] to manufacture [insert name of product
or intermediate] which is made from specified unused materials, and that
[insert tolling contractor name] will reclaim the hazardous secondary
materials generated during this manufacture. On behalf of [insert
tolling contractor name], I also certify that [insert tolling contractor
name] retains ownership of, and responsibility for, the hazardous
secondary materials that are generated during the course of the
manufacture, including any releases of hazardous secondary materials
that
[[Page 12]]
occur during the manufacturing process. For purposes of this paragraph,
tolling contractor means a person who arranges for the production of a
product or intermediate made from specified unused materials through a
written contract with a toll manufacturer. Toll manufacturer means a
person who produces a product or intermediate made from specified unused
materials pursuant to a written contract with a tolling contractor.
Hazardous secondary material generator means any person whose act or
process produces hazardous secondary materials at the generating
facility. For purposes of this paragraph, ``generating facility'' means
all contiguous property owned, leased, or otherwise controlled by the
hazardous secondary material generator. For the purposes of
Sec. 261.2(a)(2)(ii) and Sec. 261.4(a)(23), a facility that collects
hazardous secondary materials from other persons is not the hazardous
secondary material generator.
Hazardous waste means a hazardous waste as defined in Sec. 261.3 of
this chapter.
Hazardous waste constituent means a constituent that caused the
Administrator to list the hazardous waste in part 261, subpart D, of
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this
chapter.
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.
In operation refers to a facility which is treating, storing, or
disposing of hazardous waste.
Inactive portion means that portion of a facility which is not
operated after the effective date of part 261 of this chapter. (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 appendix V of parts 264 and 265 of this chapter 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
(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 machine, 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
[[Page 13]]
(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%,
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% as-generated.
(13) Such other devices as the Administrator 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.
Inground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 whereby 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 well into which fluids are injected. (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.
Intermediate facility means any facility that stores hazardous
secondary materials for more than 10 days, other than a hazardous
secondary material generator or reclaimer of such material.
International shipment means the transportation of hazardous waste
into or out of the jurisdiction of the United States.
Lamp, also referred to as ``universal waste lamp'', is defined as
the bulb or tube portion of an electric lighting device. A lamp is
specifically designed to produce radiant energy, most often in the
ultraviolet, visible, and infra-red regions of the electromagnetic
spectrum. Examples of common universal waste electric lamps include, but
are not limited to, fluorescent, high intensity discharge, neon, mercury
vapor, high pressure sodium, and metal halide lamps.
Land-based unit means an area where hazardous secondary materials
are placed in or on the land before recycling. This definition does not
include land-based production units.
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.
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.
[[Page 14]]
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, 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.
Manifest means: The shipping document EPA Form 8700-22 (including,
if necessary, EPA Form 8700-22A), originated and signed by the generator
or offeror in accordance with the instructions in the appendix to 40 CFR
part 262 and the applicable requirements of 40 CFR parts 262 through
265.
Manifest tracking number means: The alphanumeric identification
number (i.e., a unique three letter suffix preceded by nine numerical
digits), which is pre-printed in Item 4 of the Manifest by a registered
source.
Mercury-containing equipment means a device or part of a device
(including thermostats, but excluding batteries and lamps) that contains
elemental mercury integral to its function.
Military munitions means all ammunition products and components
produced or used by or for the U.S. Department of Defense or the U.S.
Armed Services for national defense and security, including military
munitions under the control of the Department of Defense, the U.S. Coast
Guard, the U.S. 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 devices, 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
overlying 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 part 146 of this
chapter, containment building, corrective action management unit, unit
eligible for a research, development, and demonstration permit under 40
CFR 270.65, or staging pile.
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 November 19, 1980. (See also ``Existing hazardous waste management
facility''.)
[[Page 15]]
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 Sec. 264.193(g)(2) and
Sec. 265.193(g)(2), a new tank system is one for which construction
commences after July 14, 1986. (See also ``existing tank system.'')
No free liquids, as used in 40 CFR 261.4(a)(26) and 40 CFR
261.4(b)(18), means that solvent-contaminated wipes may not contain free
liquids as determined by Method 9095B (Paint Filter Liquids Test),
included in ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods'' (EPA Publication SW-846), which is incorporated by reference,
and that there is no free liquid in the container holding the wipes. No
free liquids may also be determined using another standard or test
method as defined by an authorized state.
On ground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 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 but 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.
(See also ``incineration'' and ``thermal treatment''.)
Operator means the person responsible for the overall operation of a
facility.
Owner means the person who owns a facility or part of a facility.
Partial closure means the closure of a hazardous waste management
unit in accordance with the applicable closure requirements of parts 264
and 265 of this chapter 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.
Performance Track member facility means a facility that has been
accepted by EPA for membership in the National Environmental Performance
Track Program and is still a member of the Program. The National
Environmental Performance Track Program is a voluntary, facility based,
program for top environmental performers. Facility members must
demonstrate a good record of compliance, past success in achieving
environmental goals, and commit to future specific quantified
environmental goals, environmental management systems, local community
outreach, and annual reporting of measurable results.
Person means an individual, trust, firm, joint stock company,
Federal Agency, corporation (including a government corporation),
partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body.
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
part 264 or 265 of this chapter.
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
[[Page 16]]
(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 201(x) that bears or
contains any 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.
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 a
``State'' or ``municipality'' (as defined by section 502(4) of the CWA).
This definition includes sewers, pipes, or other conveyances only if
they convey wastewater to a POTW providing treatment.
Qualified Ground-Water 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
ground-water 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 judgements regarding ground-water monitoring and
contaminant fate and transport.
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 ground water, surface water, soils, and sediments) and
debris, that are managed for implementing cleanup.
Remediation waste management site means a facility where an owner or
operator is or will be treating, storing or disposing of hazardous
remediation wastes. A remediation waste management site is not a
facility that is subject to corrective action under 40 CFR 264.101, but
is subject to corrective action requirements if the site is located in
such a facility.
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, lagoon, ground water) 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
supply 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
[[Page 17]]
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 solid waste as defined in Sec. 261.2 of this
chapter.
Solvent-contaminated wipe means--
(1) A wipe that, after use or after cleaning up a spill, either:
(i) Contains one or more of the F001 through F005 solvents listed in
40 CFR 261.31 or the corresponding P- or U- listed solvents found in 40
CFR 261.33;
(ii) Exhibits a hazardous characteristic found in 40 CFR part 261
subpart C when that characteristic results from a solvent listed in 40
CFR part 261; and/or
(iii) Exhibits only the hazardous waste characteristic of
ignitability found in 40 CFR 261.21 due to the presence of one or more
solvents that are not listed in 40 CFR part 261.
(2) Solvent-contaminated wipes that contain listed hazardous waste
other than solvents, or exhibit the characteristic of toxicity,
corrosivity, or reactivity due to contaminants other than solvents, are
not eligible for the exclusions at 40 CFR 261.4(a)(26) and 40 CFR
261.4(b)(18).
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.
Staging pile means an accumulation of solid, non-flowing remediation
waste (as defined in this section) that is not a containment building
and that is used only during remedial operations for temporary storage
at a facility. Staging piles must be designated by the Director
according to the requirements of 40 CFR 264.554.
State means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
Storage means the holding of hazardous waste for a temporary period,
at the end of which the hazardous waste is treated, disposed of, or
stored elsewhere.
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 leachate
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
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.
TEQ means toxicity equivalence, the international method of relating
the toxicity of various dioxin/furan congeners to the toxicity of
2,3,7,8-tetrachlorodibenzo-p-dioxin.
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. (See also ``incinerator'' and ``open
burning''.)
Thermostat means a temperature control device that contains metallic
mercury in an ampule attached to a bimetal sensing element, and mercury-
[[Page 18]]
containing ampules that have been removed from these temperature control
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or
273.33(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.
Transfer facility means any transportation-related facility,
including loading docks, parking areas, storage areas and other similar
areas where shipments of hazardous waste or hazardous secondary
materials are held during the normal course of transportation.
Transport vehicle means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
Transportation means the movement of hazardous waste by air, rail,
highway, or water.
Transporter means a person engaged in the offsite transportation of
hazardous waste by air, rail, highway, or water.
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 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 the Sec. 261.4 (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 recover energy or material resources from the waste,
or so as to render such waste non-hazardous, or less hazardous; safer to
transport, store, or dispose of; or amenable for recovery, amenable for
storage, or reduced in volume.
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 subsurface emplacement of fluids
through a bored, drilled or driven well; or through a dug well, where
the depth of the dug well is greater than the largest surface dimension.
(See also ``injection well''.)
Underground tank means a device meeting the definition of ``tank''
in Sec. 260.10 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.
United States means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
Universal waste means any of the following hazardous wastes that are
managed under the universal waste requirements of part 273 of this
chapter:
(1) Batteries as described in Sec. 273.2 of this chapter;
(2) Pesticides as described in Sec. 273.3 of this chapter;
(3) Mercury-containing equipment as described in Sec. 273.4 of this
chapter; and
(4) Lamps as described in Sec. 273.5 of this chapter.
Universal Waste Handler:
(1) Means:
(i) A generator (as defined in this section) of universal waste; or
(ii) The owner or operator of a facility, including all contiguous
property, that receives universal waste from
[[Page 19]]
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:
(i) A person who treats (except under the provisions of 40 CFR
273.13 (a) or (c), or 273.33 (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 includes 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 that is a
hazardous waste as defined in Sec. 261.3 of this chapter, or that
generates and accumulates a wastewater treatment sludge that is a
hazardous waste as defined in Sec. 261.3 of this chapter, or treats or
stores a wastewater treatment sludge which is a hazardous waste as
defined in Sec. 261.3 of this Chapter; and
(3) Meets the definition of tank or tank system in Sec. 260.10 of
this chapter.
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: (See ``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 ground water or surface water.
Wipe means a woven or non-woven shop towel, rag, pad, or swab made
of wood pulp, fabric, cotton, polyester blends, or other material.
[45 FR 33073, May 19, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 260.10, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Effective Date Notes: 1. At 79 FR 7558, Feb. 7, 2014, Sec. 260.10
was amended by revising the definition of ``manifest'' and adding in
alphabetical order the definitions of ``electronic manifest,''
``electronic manifest system,'' and ``user of the electronic manifest'',
effective Aug. 6, 2014. For the convenience of the user, the added and
revised text is set forth as follows:
Sec. 260.10 Definitions.
* * * * *
Electronic manifest (or e-Manifest) means the electronic format of
the hazardous waste manifest that is obtained from EPA's national e-
Manifest system and transmitted electronically to the system, and that
is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A
(Continuation Sheet).
Electronic Manifest System (or e-Manifest System) means EPA's
national information technology system through which the electronic
manifest may be obtained, completed, transmitted, and distributed to
users of the electronic manifest and to regulatory agencies.
* * * * *
Manifest means the shipping document EPA Form 8700-22 (including, if
necessary, EPA Form 8700-22A), or the electronic manifest, originated
and signed in accordance with the applicable requirements of parts 262
through 265 of this chapter.
* * * * *
[[Page 20]]
User of the electronic manifest system means a hazardous waste
generator, a hazardous waste transporter, an owner or operator of a
hazardous waste treatment, storage, recycling, or disposal facility, or
any other person that:
(1) Is required to use a manifest to comply with:
(i) Any federal or state requirement to track the shipment,
transportation, and receipt of hazardous waste or other waste material
that is shipped from the site of generation to an off-site designated
facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to track the shipment,
transportation, and receipt of rejected wastes or regulated container
residues that are shipped from a designated facility to an alternative
facility, or returned to the generator; and
(2) Elects to use the system to obtain, complete and transmit an
electronic manifest format supplied by the EPA electronic manifest
system, or
(3) Elects to use the paper manifest form and submits to the system
for data processing purposes a paper copy of the manifest (or data from
such a paper copy), in accordance with Sec. 264.71(a)(2)(v) or
Sec. 265.71(a)(2)(v) of this chapter. These paper copies are submitted
for data exchange purposes only and are not the official copies of
record for legal purposes.
2. At 79 FR 36230, June 26, 2014, Sec. 260.10 was amended by adding
in alphabetical order the definition of ``CRT exporter'', effective Dec.
26, 2014. For the convenience of the user, the added text is set forth
as follows:
Sec. 260.10 Definitions.
* * * * *
CRT exporter means any person in the United States who initiates a
transaction to send used CRTs outside the United States or its
territories for recycling or reuse, or any intermediary in the United
States arranging for such export.
Sec. 260.11 References.
(a) When used in parts 260 through 268 and 278 of this chapter, the
following publications are incorporated by reference. These
incorporations by reference were approved by the Director of the Federal
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials
are incorporated as they exist on the date of approval and a notice of
any change in these materials will be published in the Federal Register.
Copies may be inspected at the Library, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460,
[email protected]; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
(b) The following materials are available for purchase from the
American Society for Testing and Materials, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM D-93-79 or D-93-80, ``Standard Test Methods for Flash Point
by Pensky-Martens Closed Cup Tester,'' IBR approved for Sec. 261.21.
(2) ASTM D-1946-82, ``Standard Method for Analysis of Reformed Gas
by Gas Chromatography,'' IBR approved for Secs. 264.1033, 265.1033.
(3) ASTM D 2267-88, ``Standard Test Method for Aromatics in Light
Naphthas and Aviation Gasolines by Gas Chromatography,'' IBR approved
for Sec. 264.1063.
(4) ASTM D 2382-83, ``Standard Test Method for Heat of Combustion of
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' IBR
approved for Secs. 264.1033, 265.1033.
(5) ASTM D 2879-92, ``Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope,'' IBR approved for Sec. 265.1084.
(6) ASTM D-3278-78, ``Standard Test Methods for Flash Point for
Liquids by Setaflash Closed Tester,'' IBR approved for Sec. 261.21(a).
(7) ASTM E 168-88, ``Standard Practices for General Techniques of
Infrared Quantitative Analysis,'' IBR approved for Sec. 264.1063.
(8) ASTM E 169-87, ``Standard Practices for General Techniques of
Ultraviolet-Visible Quantitative Analysis,'' IBR approved for
Sec. 264.1063.
(9) ASTM E 260-85, ``Standard Practice for Packed Column Gas
Chromatography,'' IBR approved for Sec. 264.1063.
(10) ASTM E 926-88, ``Standard Test Methods for Preparing Refuse-
Derived Fuel (RDF) Samples for Analyses of Metals,'' Test Method C--
Bomb, Acid Digestion Method.
[[Page 21]]
(c) The following materials are available for purchase from the
National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161; or for purchase from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402, (202)
512-1800.
(1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, IBR approved for
Secs. 264.1035 and 265.1035.
(2) Method 1664, n-Hexane Extractable Material (HEM; Oil and Grease)
and Silica Gel Treated n-Hexane Extractable Material SGT-HEM; Non-polar
Material) by Extraction and Gravimetry:
(i) Revision A, EPA-821-R-98-002, February 1999, IBR approved for
Part 261, Appendix IX.
(ii) Revision B, EPA-821-R-10-001, February 2010, IBR approved for
Part 261, Appendix IX.
(3) The following methods as published in the test methods
compendium known as ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, Third Edition. A suffix of
``A'' in the method number indicates revision one (the method has been
revised once). A suffix of ``B'' in the method number indicates revision
two (the method has been revised twice). A suffix of ``C'' in the method
number indicates revision three (the method has been revised three
times). A suffix of ``D'' in the method number indicates revision four
(the method has been revised four times).
(i) Method 0010, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(ii) Method 0020, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(iii) Method 0030, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(iv) Method 1320, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(v) Method 1311, dated September 1992 and in Update I, IBR approved
for part 261, appendix IX, and Secs. 261.24, 268.7, 268.40.
(vi) Method 1330A, dated September 1992 and in Update I, IBR
approved for part 261, appendix IX.
(vii) Method 1312 dated September 1994 and in Update III, IBR
approved for part 261, appendix IX and Sec. 278.3(b)(1).
(viii) Method 0011, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, and part 266, appendix IX.
(ix) Method 0023A, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and
Sec. 266.104.
(x) Method 0031, dated December 1996 and in Update III, IBR approved
for part 261, appendix IX.
(xi) Method 0040, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX.
(xii) Method 0050, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and
Sec. 266.107.
(xiii) Method 0051, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and
Sec. 266.107.
(xiv) Method 0060, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, Sec. 266.106, and part 266, appendix
IX.
(xv) Method 0061, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, Sec. 266.106, and part 266, appendix
IX.
(xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR
approved for part 261, appendix IX.
(xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xviii) Method 1020B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xix) Method 1110A, dated November 2004 and in Update IIIB, IBR
approved for Sec. 261.22 and part 261, appendix IX.
(xx) Method 1310B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Secs. 268.40, 268.44, 268.48.
(xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR
approved
[[Page 22]]
for part 261, appendix IX and Secs. 268.40, 268.44, 268.48.
(xxiii) Method 9040C, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Sec. 261.22.
(xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX, and Secs. 264.1034, 264.1063,
265.1034, 265.1063.
(xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxvii) Method 9095B, dated November 2004 and in Update IIIB, IBR
approved, part 261, appendix IX, and Secs. 264.190, 264.314, 265.190,
265.314, 265.1081, 267.190(a), 268.32.
(d) The following materials are available for purchase from the
National Fire Protection Association, 1 Batterymarch Park, P.O. Box
9101, Quincy, MA 02269-9101.
(1) ``Flammable and Combustible Liquids Code'' (1977 or 1981), IBR
approved for Secs. 264.198, 265.198, 267.202(b).
(2) [Reserved]
(e) The following materials are available for purchase from the
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC
20005.
(1) API Publication 2517, Third Edition, February 1989,
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved for
Sec. 265.1084.
(2) [Reserved]
(f) The following materials are available for purchase from the
Environmental Protection Agency, Research Triangle Park, NC.
(1) ``Screening Procedures for Estimating the Air Quality Impact of
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, IBR approved for part 266, appendix IX.
(2) [Reserved]
(g) The following materials are available for purchase from the
Organisation for Economic Co-operation and Development, Environment
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
(1) OECD Green List of Wastes (revised May 1994), Amber List of
Wastes and Red List of Wastes (both revised May 1993) as set forth in
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council
Decision C(92)39/FINAL (Concerning the Control of Transfrontier
Movements of Wastes Destined for Recovery Operations), IBR approved for
262.89 of this chapter.
(2) [Reserved]
[70 FR 34560, June 14, 2005, as amended at 70 FR 53453, Sept. 8, 2005;
70 FR 59575, Oct. 12, 2005; 72 FR 39352, July 18, 2007; 77 FR 29834, May
18, 2012]
Subpart C_Rulemaking Petitions
Sec. 260.20 General.
(a) Any person may petition the Administrator to modify or revoke
any provision in parts 260 through 266, 268 and 273 of this chapter.
This section sets forth general requirements which apply to all such
petitions. Section 260.21 sets forth additional requirements for
petitions to add a testing or analytical method to part 261, 264 or 265
of this chapter. Section 260.22 sets forth additional requirements for
petitions to exclude a waste or waste-derived material at a particular
facility from Sec. 261.3 of this chapter or the lists of hazardous
wastes in subpart D of part 261 of this chapter. Section 260.23 sets
forth additional requirements for petitions to amend part 273 of this
chapter to include additional hazardous wastes or categories of
hazardous waste as universal waste.
(b) Each petition must be submitted to the Administrator 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 for the proposed
action, including any supporting tests, studies, or other information.
(c) The Administrator will make a tentative decision to grant or
deny a petition and will publish notice of such tentative decision,
either in the form of an advanced notice of proposed rulemaking, a
proposed rule, or a tentative determination to deny the petition, in the
Federal Register for written public comment.
[[Page 23]]
(d) Upon the written request of any interested person, the
Administrator may, at his discretion, hold an informal public hearing to
consider oral comments on the tentative decision. A person requesting a
hearing must state the issues to be raised and explain why written
comments would not suffice to communicate the person's views. The
Administrator may in any case decide on his own motion to hold an
informal public hearing.
(e) After evaluating all public comments the Administrator will make
a final decision by publishing in the Federal Register a regulatory
amendment or a denial of the petition.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57
FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]
Sec. 260.21 Petitions for equivalent testing or analytical methods.
(a) Any person seeking to add a testing or analytical method to part
261, 264, or 265 of this chapter may petition for a regulatory amendment
under this section and Sec. 260.20. To be successful, the person must
demonstrate to the satisfaction of the Administrator that the proposed
method is equal to or superior to the corresponding method prescribed in
part 261, 264, or 265 of this chapter, in terms of its sensitivity,
accuracy, and precision (i.e., reproducibility).
(b) Each petition must include, in addition to the information
required by Sec. 260.20(b):
(1) A full description of the proposed method, including all
procedural steps and equipment used in the method;
(2) A description of the types of wastes or waste matrices for which
the proposed method may be used;
(3) Comparative results obtained from using the proposed method with
those obtained from using the relevant or corresponding methods
prescribed in part 261, 264, or 265 of this chapter;
(4) An assessment of any factors which may interfere with, or limit
the use of, the proposed method; and
(5) A description of the quality control procedures necessary to
ensure the sensitivity, accuracy and precision of the proposed method.
(c) After receiving a petition for an equivalent method, the
Administrator may request any additional information on the proposed
method which he may reasonably require to evaluate the method.
(d) If the Administrator amends the regulations to permit use of a
new testing method, the method will be incorporated by reference in
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery,
Washington, DC 20460.
[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984; 70
FR 34561, June 14, 2005; 74 FR 30230, June 25, 2009]
Sec. 260.22 Petitions to amend part 261 to exclude a waste produced
at a particular facility.
(a) Any person seeking to exclude a waste at a particular generating
facility from the lists in subpart D of part 261 may petition for a
regulatory amendment under this section and Sec. 260.20. To be
successful:
(1) The petitioner must demonstrate to the satisfaction of the
Administrator 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, the Administrator 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 subpart C of part 261.
(b) The procedures in this Section and Sec. 260.20 may also be used
to petition the Administrator for a regulatory amendment to exclude from
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these
Sections and is either a waste listed in subpart D, or is derived from a
waste listed in subpart D. 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 paragraph (a)
[[Page 24]]
of this section. 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 subpart C of
part 261.
(c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'',
in subpart D,
(1) The petitioner must show that the waste does not exhibit the
relevant characteristic for which the waste was listed as defined in
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any
applicable methods prescribed therein. The petitioner also must show
that the waste does not exhibit any of the other characteristics defined
in Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any
applicable methods prescribed therein;
(2) Based on a complete application, the Administrator 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 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 subpart C of part 261.
(d) If the waste is listed with code ``T'' in subpart D,
(1) The petitioner must demonstrate that the waste:
(i) Does not contain the constituent or constituents (as defined in
appendix VII of part 261 of this chapter) that caused the Administrator
to list the waste; or
(ii) Although containing one or more of the hazardous constituents
(as defined in appendix VII of part 261) that caused the Administrator
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) when
considering the factors used by the Administrator in Sec. 261.11(a)(3)
(i) through (xi) under which the waste was listed as hazardous; and
(2) Based on a complete application, the Administrator 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 Sec. 261.21, Sec. 261.22,
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed
therein;
(4) A waste which is so excluded, however, still may be a hazardous
waste by operation of subpart C of part 261.
(e) If the waste is listed with the code ``H'' in subpart D,
(1) The petitioner must demonstrate that the waste does not meet the
criterion of Sec. 261.11(a)(2); and
(2) Based on a complete application, the Administrator 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 Sec. 261.21, Sec. 261.22,
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed
therein;
(4) A waste which is so excluded, however, still may be a hazardous
waste by operation of subpart C of part 261.
(f) [Reserved for listing radioactive wastes.]
(g) [Reserved for listing infectious wastes.]
(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 include, in addition to the information
required by Sec. 260.20(b):
[[Page 25]]
(1) The name and address of the laboratory facility performing the
sampling or tests of the waste;
(2) The names and qualifications of the persons sampling and testing
the waste;
(3) The dates of sampling and testing;
(4) The location of the generating facility;
(5) 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;
(6) A description of the waste and an estimate of the average and
maximum monthly and annual quantities of waste covered by the
demonstration;
(7) 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 Sec. 261.11(a)(3);
(8) A description of the methodologies and equipment used to obtain
the representative samples;
(9) A description of the sample handling and preparation techniques,
including techniques used for extraction, containerization and
preservation of the samples;
(10) A description of the tests performed (including results);
(11) The names and model numbers of the instruments used in
performing the tests; and
(12) The following statement signed by the generator of the waste or
his authorized representative:
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 Administrator
may request any additional information which he may reasonably require
to evaluate the petition.
(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.
(l) The Administrator 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.
[45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54
FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994; 70 FR 34561, June
14, 2005; 71 FR 40258, July 14, 2006]
Sec. 260.23 Petitions to amend 40 CFR part 273 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 part 273 of this
chapter may petition for a regulatory amendment under this section, 40
CFR 260.20, and subpart G of 40 CFR part 273.
(b) To be successful, the petitioner must demonstrate to the
satisfaction of the Administrator that regulation under the universal
waste regulations of 40 CFR part 273: 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. The petition must include the information required by 40
CFR 260.20(b). The petition should also address as many of the factors
listed in 40 CFR 273.81 as are appropriate for the waste or category of
waste addressed in the petition.
(c) The Administrator will grant or deny a petition using the
factors listed in 40 CFR 273.81. The decision will be based on the
weight of evidence showing that regulation under 40 CFR part 273 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 Administrator may request additional information needed to
evaluate the merits of the petition.
[60 FR 25540, May 11, 1995]
[[Page 26]]
Sec. 260.30 Non-waste determinations and variances from classification
as a solid waste.
In accordance with the standards and criteria in Sec. 260.31 and
Sec. 260.34 and the procedures in Sec. 260.33, the Administrator 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 Sec. 261.1(c)(8) of this chapter);
(b) Materials that are reclaimed and then reused within the original
production process in which they were generated;
(c) Materials that have been reclaimed but must be reclaimed further
before the materials are completely recovered.
(d) Hazardous secondary materials that are reclaimed in a continuous
industrial process; and
(e) Hazardous secondary materials that are indistinguishable in all
relevant aspects from a product or intermediate.
[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59
FR 48041, Sept. 19, 1994; 73 FR 64758, Oct. 30, 2008]
Sec. 260.31 Standards and criteria for variances from classification
as a solid waste.
(a) The Administrator 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 Administrator'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;
(5) Other relevant factors.
(b) The Administrator 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;
(2) The extent to which the material is handled before reclamation
to minimize loss;
(3) The time periods between generating the material and its
reclamation, and between reclamation and return to the original primary
production process;
(4) The location of the reclamation operation in relation to the
production process;
(5) 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;
(6) Whether the person who generates the material also reclaims it;
(7) Other relevant factors.
(c) The Regional Administrator 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;
[[Page 27]]
(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;
(6) Other relevant factors.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 71
FR 16902, Apr. 4, 2006]
Sec. 260.32 Variances to be classified as a boiler.
In accordance with the standards and criteria in Sec. 260.10
(definition of ``boiler''), and the procedures in Sec. 260.33, the
Administrator 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 boiler contained in
Sec. 260.10, 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
(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.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]
Sec. 260.33 Procedures for variances from classification as a solid
waste, for variances to be classified as a boiler, or for non-waste
determinations.
The Administrator will use the following procedures in evaluating
applications for variances from classification as a solid waste,
applications to classify particular enclosed controlled flame combustion
devices as boilers, or applications for non-waste determinations.
(a) The applicant must apply to the Administrator for the variance
or non-waste determination. The application must address the relevant
criteria contained in Sec. 260.31, Sec. 260.32, or Sec. 260.34, as
applicable.
(b) The Administrator will evaluate the application and issue a
draft notice tentatively granting or denying the application.
Notification of this tentative decision will be provided by newspaper
advertisement or radio broadcast in the locality where the recycler is
located. The Administrator will accept comment on the tentative decision
for 30 days, and may also hold a public hearing upon request or at his
discretion. The Administrator will issue a final decision after receipt
of comments and after the hearing (if any).
(c) For non-waste determinations, in the event of a change in
circumstances that affect how a hazardous secondary material meets the
relevant criteria contained in Sec. 260.34 upon which a non-waste
determination has been based, the applicant must re-apply to the
Administrator for a formal determination that the hazardous secondary
material continues to meet the relevant criteria and therefore is not a
solid waste.
[59 FR 48041, Sept. 19, 1994, as amended at 73 FR 64758, Oct. 30, 2008]
Sec. 260.34 Standards and criteria for non-waste determinations.
(a) An applicant may apply to the Administrator for a formal
determination that a hazardous secondary material is not discarded and
therefore not a solid waste. The determinations will be based on the
criteria contained in paragraphs (b) or (c) of this section, as
applicable. If an application is denied, the hazardous secondary
material might still be eligible for a solid waste variance or exclusion
(for example, one of the solid waste variances under Sec. 260.31).
Determinations may also be granted by the State if the State is either
authorized for this provision or if the following conditions are met:
(1) The State determines the hazardous secondary material meets the
criteria in paragraphs (b) or (c) of this section, as applicable;
[[Page 28]]
(2) The State requests that EPA review its determination; and
(3) EPA approves the State determination.
(b) The Administrator may grant a non-waste determination for
hazardous secondary material which is reclaimed in a continuous
industrial process if the applicant demonstrates that the hazardous
secondary material is a part of the production process and is not
discarded. The determination will be based on whether the hazardous
secondary material is legitimately recycled as specified in Sec. 260.43
and on the following criteria:
(1) The extent that the management of the hazardous secondary
material is part of the continuous primary production process and is not
waste treatment;
(2) Whether the capacity of the production process would use the
hazardous secondary material in a reasonable time frame and ensure that
the hazardous secondary material will not be abandoned (for example,
based on past practices, market factors, the nature of the hazardous
secondary material, or any contractual arrangements);
(3) Whether the hazardous constituents in the hazardous secondary
material are reclaimed rather than released to the air, water or land at
significantly higher levels from either a statistical or from a health
and environmental risk perspective than would otherwise be released by
the production process; and
(4) Other relevant factors that demonstrate the hazardous secondary
material is not discarded.
(c) The Administrator may grant a non-waste determination for
hazardous secondary material which is indistinguishable in all relevant
aspects from a product or intermediate if the applicant demonstrates
that the hazardous secondary material is comparable to a product or
intermediate and is not discarded. The determination will be based on
whether the hazardous secondary material is legitimately recycled as
specified in Sec. 260.43 and on the following criteria:
(1) Whether market participants treat the hazardous secondary
material as a product or intermediate rather than a waste (for example,
based on the current positive value of the hazardous secondary material,
stability of demand, or any contractual arrangements);
(2) Whether the chemical and physical identity of the hazardous
secondary material is comparable to commercial products or
intermediates;
(3) Whether the capacity of the market would use the hazardous
secondary material in a reasonable time frame and ensure that the
hazardous secondary material will not be abandoned (for example, based
on past practices, market factors, the nature of the hazardous secondary
material, or any contractual arrangements);
(4) Whether the hazardous constituents in the hazardous secondary
material are reclaimed rather than released to the air, water or land at
significantly higher levels from either a statistical or from a health
and environmental risk perspective than would otherwise be released by
the production process; and
(5) Other relevant factors that demonstrate the hazardous secondary
material is not discarded.
[73 FR 64758, Oct. 30, 2008]
Sec. 260.40 Additional regulation of certain hazardous waste recycling
activities on a case-by-case basis.
(a) The Regional Administrator may decide on a case-by-case basis
that persons accumulating or storing the recyclable materials described
in Sec. 261.6(a)(2)(iii) of this chapter should be regulated under
Sec. 261.6 (b) and (c) of this chapter. 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 Regional Administrator 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;
[[Page 29]]
(3) The length of time the materials have been accumulated or stored
before being reclaimed;
(4) Whether any contaminants are being released into the
environment, or are likely to be so released; and
(5) Other relevant factors.
(b) [Reserved]
The procedures for this decision are set forth in Sec. 260.41 of this
chapter.
[50 FR 662, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]
Sec. 260.41 Procedures for case-by-case regulation of hazardous waste
recycling activities.
The Regional Administrator will use the following procedures when
determining whether to regulate hazardous waste recycling activities
described in Sec. 261.6(a)(2)(iii) under the provisions of Sec. 261.6
(b) and (c), rather than under the provisions of subpart F of part 266
of this chapter.
(a) If a generator is accumulating the waste, the Regional
Administrator will issue a notice setting forth the factual basis for
the decision and stating that the person must comply with the applicable
requirements of subparts A, C, D, and E of part 262 of this chapter. 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 Regional Administrator will hold a public hearing. The
Regional Administrator will provide notice of the hearing to the public
and allow public participation at the hearing. The Regional
Administrator will issue a final order after the hearing stating whether
or not compliance with part 262 is required. The order becomes effective
30 days after service of the decision unless the Regional Administrator
specifies a later date or unless review by the Administrator is
requested. The order may be appealed to the Administrator by any person
who participated in the public hearing. The Administrator may choose to
grant or to deny the appeal. Final Agency action occurs when a final
order is issued and Agency 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 parts 270 and 124
of this chapter. 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 Regional Administrator's decision, he
may do so in his permit application, in a public hearing held 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 Agency's determination. The question of
whether the Regional Administrator's decision was proper will remain
open for consideration during the public comment period discussed under
Sec. 124.11 of this chapter and in any subsequent hearing.
[50 FR 663, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]
Sec. 260.42 Notification requirement for hazardous secondary materials.
(a) Hazardous secondary material generators, tolling contractors,
toll manufacturers, reclaimers, and intermediate facilities managing
hazardous secondary materials which are excluded from regulation under
Sec. 261.2(a)(2)(ii), Sec. 261.4(a)(23), (24), or (25) must send a
notification prior to operating under the exclusion(s) and by March 1 of
each even numbered year thereafter to the Regional Administrator using
EPA Form 8700-12 that includes the following information:
(1) The name, address, and EPA ID number (if applicable) of the
facility;
(2) The name and telephone number of a contact person;
(3) The NAICS code of the facility;
(4) The exclusion under which the hazardous secondary materials will
be managed (e.g., Sec. 261.2(a)(2)(ii), Sec. 261.4(a)(23), (24), and/or
(25));
(5) For reclaimers and intermediate facilities managing hazardous
secondary materials in accordance with Sec. 261.4(a)(24) or (25),
whether the reclaimer or intermediate facility has financial assurance
(not applicable for persons managing hazardous secondary materials
generated and reclaimed under the control of the generator);
[[Page 30]]
(6) When the facility expects to begin managing the hazardous
secondary materials in accordance with the exclusion;
(7) A list of hazardous secondary materials that will be managed
according to the exclusion (reported as the EPA hazardous waste numbers
that would apply if the hazardous secondary materials were managed as
hazardous wastes);
(8) For each hazardous secondary material, whether the hazardous
secondary material, or any portion thereof, will be managed in a land-
based unit;
(9) The quantity of each hazardous secondary material to be managed
annually; and
(10) The certification (included in EPA Form 8700-12) signed and
dated by an authorized representative of the facility.
(b) If a hazardous secondary material generator, tolling contractor,
toll manufacturer, reclaimer or intermediate facility has submitted a
notification, but then subsequently stops managing hazardous secondary
materials in accordance with the exclusion(s), the facility must notify
the Regional Administrator within thirty (30) days using EPA Form 8700-
12. For purposes of this section, a facility has stopped managing
hazardous secondary materials if the facility no longer generates,
manages and/or reclaims hazardous secondary materials under the
exclusion(s) and does not expect to manage any amount of hazardous
secondary materials for at least one year.
[73 FR 64759, Oct. 30, 2008]
Sec. 260.43 Legitimate recycling of hazardous secondary materials
regulated under Sec. 260.34, Sec. 261.2(a)(2)(ii), and Sec. 261.4(a)
(23), (24), or (25).
(a) Persons regulated under Sec. 260.34 or claiming to be excluded
from hazardous waste regulation under Sec. 261.2(a)(2)(ii),
Sec. 261.4(a)(23), (24), or (25) because they are engaged in reclamation
must be able to demonstrate that the recycling is legitimate. Hazardous
secondary material that is not legitimately recycled is discarded
material and is a solid waste. In determining if their recycling is
legitimate, persons must address the requirements of Sec. 260.43(b) and
must consider the requirements of Sec. 260.43(c) below.
(b) Legitimate recycling must involve a hazardous secondary material
that provides a useful contribution to the recycling process or to a
product or intermediate of the recycling process, and the recycling
process must produce a valuable product or intermediate.
(1) The hazardous secondary material provides a useful contribution
if it
(i) Contributes valuable ingredients to a product or intermediate;
or
(ii) Replaces a catalyst or carrier in the recycling process; or
(iii) Is the source of a valuable constituent recovered in the
recycling process; or
(iv) Is recovered or regenerated by the recycling process; or
(v) Is used as an effective substitute for a commercial product.
(2) The product or intermediate is valuable if it is
(i) Sold to a third party; or
(ii) Used by the recycler or the generator as an effective
substitute for a commercial product or as an ingredient or intermediate
in an industrial process.
(c) The following factors must be considered in making a
determination as to the overall legitimacy of a specific recycling
activity.
(1) The generator and the recycler should manage the hazardous
secondary material as a valuable commodity. Where there is an analogous
raw material, the hazardous secondary material should be managed, at a
minimum, in a manner consistent with the management of the raw material.
Where there is no analogous raw material, the hazardous secondary
material should be contained. Hazardous secondary materials that are
released to the environment and are not recovered immediately are
discarded.
(2) The product of the recycling process does not
(i) Contain significant concentrations of any hazardous constituents
found in appendix VIII of part 261 that are not found in analogous
products; or
(ii) Contain concentrations of any hazardous constituents found in
appendix VIII of part 261 at levels that are significantly elevated from
those found in analogous products; or
[[Page 31]]
(iii) Exhibit a hazardous characteristic (as defined in part 261
subpart C) that analogous products do not exhibit.
(3) In making a determination that a hazardous secondary material is
legitimately recycled, persons must evaluate all factors and consider
legitimacy as a whole. If, after careful evaluation of these other
considerations, one or both of the factors are not met, then this fact
may be an indication that the material is not legitimately recycled.
However, the factors in this paragraph do not have to be met for the
recycling to be considered legitimate. In evaluating the extent to which
these factors are met and in determining whether a process that does not
meet one or both of these factors is still legitimate, persons can
consider the protectiveness of the storage methods, exposure from toxics
in the product, the bioavailability of the toxics in the product, and
other relevant considerations.
[73 FR 64759, Oct. 30, 2008]
PART 261_IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--
Table of Contents
Subpart A_General
Sec.
261.1 Purpose and scope.
261.2 Definition of solid waste.
261.3 Definition of hazardous waste.
261.4 Exclusions.
261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
261.6 Requirements for recyclable materials.
261.7 Residues of hazardous waste in empty containers.
261.8 PCB wastes regulated under Toxic Substance Control Act.
261.9 Requirements for Universal Waste.
Subpart B_Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
261.10 Criteria for identifying the characteristics of hazardous waste.
261.11 Criteria for listing hazardous waste.
Subpart C_Characteristics of Hazardous Waste
261.20 General.
261.21 Characteristic of ignitability.
261.22 Characteristic of corrosivity.
261.23 Characteristic of reactivity.
261.24 Toxicity characteristic.
Subpart D_Lists of Hazardous Wastes
261.30 General.
261.31 Hazardous wastes from non-specific sources.
261.32 Hazardous wastes from specific sources.
261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
261.35 Deletion of certain hazardous waste codes following equipment
cleaning and replacement.
Subpart E_Exclusions/Exemptions
261.38 Exclusion of comparable fuel and syngas fuel.
261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs)
and Processed CRT Glass Undergoing Recycling.
261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs)
Exported for Recycling.
261.41 Notification and Recordkeeping for Used, Intact Cathode Ray
Tubes (CRTs) Exported for Reuse.
Subparts F-G [Reserved]
Subpart H_Financial Requirements for Management of Excluded Hazardous
Secondary Materials
261.140 Applicability.
261.141 Definitions of terms as used in this subpart.
261.142 Cost estimate.
261.143 Financial assurance condition.
261.144-261.146 [Reserved]
261.147 Liability requirements.
261.148 Incapacity of owners or operators, guarantors, or financial
institutions.
261.149 Use of State-required mechanisms.
261.150 State assumption of responsibility.
261.151 Wording of the instruments.
Appendix I to Part 261--Representative Sampling Methods
Appendixes II-III to Part 261 [Reserved]
Appendix IV to Part 261 [Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261 [Reserved for Infectious Waste Treatment
Specifications]
Appendix VI to Part 261 [Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22
[[Page 32]]
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.
Source: 45 FR 33119, May 19, 1980, unless otherwise noted.
Subpart A_General
Sec. 261.1 Purpose and scope.
(a) This part identifies those solid wastes which are subject to
regulation as hazardous wastes under parts 262 through 265, 268, and
parts 270, 271, and 124 of this chapter and which are subject to the
notification requirements of section 3010 of RCRA. In this part:
(1) Subpart A defines the terms ``solid waste'' and ``hazardous
waste'', identifies those wastes which are excluded from regulation
under parts 262 through 266, 268 and 270 and establishes special
management requirements for hazardous waste produced by conditionally
exempt small quantity generators and hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by EPA to identify
characteristics of hazardous waste and to list particular hazardous
wastes.
(3) Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous wastes.
(b)(1) The definition of solid waste contained in this part applies
only to wastes that also are hazardous for purposes of the regulations
implementing subtitle C of RCRA. For example, it does not apply to
materials (such as non-hazardous scrap, paper, textiles, or rubber) that
are not otherwise hazardous wastes and that are recycled.
(2) This part identifies only some of the materials which are solid
wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA.
A material which is not defined as a solid waste in this part, or is not
a hazardous waste identified or listed in this part, is still a solid
waste and a hazardous waste for purposes of these sections if:
(i) In the case of sections 3007 and 3013, EPA has reason to believe
that the material may be a solid waste within the meaning of section
1004(27) of RCRA and a hazardous waste within the meaning of section
1004(5) of RCRA; or
(ii) In the case of section 7003, the statutory elements are
established.
(c) For the purposes of Secs. 261.2 and 261.6:
(1) A ``spent material'' is any material that has been used and as a
result of contamination can no longer serve the purpose for which it was
produced without processing;
(2) ``Sludge'' has the same meaning used in Sec. 260.10 of this
chapter;
(3) A ``by-product'' is a material that is not one of the primary
products of a production process and is not solely or separately
produced by the production process. Examples are process residues such
as slags or distillation column bottoms. The term does not include a co-
product that is produced for the general public's use and is ordinarily
used in the form it is produced by the process.
(4) A material is ``reclaimed'' if it is processed to recover a
usable product, or if it is regenerated. Examples are recovery of lead
values from spent batteries and regeneration of spent solvents. In
addition, for purposes of Secs. 261.2(a)(2)(ii), 261.4(a)(23), and
261.4(a)(24) smelting, melting and refining furnaces are considered to
be solely engaged in metals reclamation if the metal recovery from the
hazardous secondary materials meets the same requirements as those
specified for metals recovery from hazardous waste found in
Sec. 266.100(d)(1)-(3) of this chapter, and if the residuals meet the
requirements specified in Sec. 266.112 of this chapter.
(5) A material is ``used or reused'' if it is either:
(i) Employed as an ingredient (including use as an intermediate) in
an industrial process to make a product (for example, distillation
bottoms from one process used as feedstock in another process). However,
a material will not satisfy this condition if distinct components of the
material are recovered as separate end products (as when metals are
recovered from metal-containing secondary materials); or
(ii) Employed in a particular function or application as an
effective substitute for a commercial product (for example, spent pickle
liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment).
[[Page 33]]
(6) ``Scrap metal'' is bits and pieces of metal parts (e.g.,) bars,
turnings, rods, sheets, wire) or metal pieces that may be combined
together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is ``recycled'' if it is used, reused, or reclaimed.
(8) A material is ``accumulated speculatively'' if it is accumulated
before being recycled. A material is not accumulated speculatively,
however, if the person accumulating it can show that the material is
potentially recyclable and has a feasible means of being recycled; and
that--during the calendar year (commencing on January 1)--the amount of
material that is recycled, or transferred to a different site for
recycling, equals at least 75 percent by weight or volume of the amount
of that material accumulated at the beginning of the period. In
calculating the percentage of turnover, the 75 percent requirement is to
be applied to each material of the same type (e.g., slags from a single
smelting process) that is recycled in the same way (i.e., from which the
same material is recovered or that is used in the same way). Materials
accumulating in units that would be exempt from regulation under
Sec. 261.4(c) are not to be included in making the calculation.
(Materials that are already defined as solid wastes also are not to be
included in making the calculation.) Materials are no longer in this
category once they are removed from accumulation for recycling, however.
(9) ``Excluded scrap metal'' is processed scrap metal, unprocessed
home scrap metal, and unprocessed prompt scrap metal.
(10) ``Processed scrap metal'' is scrap metal which has been
manually or physically altered to either separate it into distinct
materials to enhance economic value or to improve the handling of
materials. Processed scrap metal includes, but is not limited to scrap
metal which has been baled, shredded, sheared, chopped, crushed,
flattened, cut, melted, or separated by metal type (i.e., sorted), and,
fines, drosses and related materials which have been agglomerated.
(Note: shredded circuit boards being sent for recycling are not
considered processed scrap metal. They are covered under the exclusion
from the definition of solid waste for shredded circuit boards being
recycled (Sec. 261.4(a)(14)).
(11) ``Home scrap metal'' is scrap metal as generated by steel
mills, foundries, and refineries such as turnings, cuttings, punchings,
and borings.
(12) ``Prompt scrap metal'' is scrap metal as generated by the metal
working/fabrication industries and includes such scrap metal as
turnings, cuttings, punchings, and borings. Prompt scrap is also known
as industrial or new scrap metal.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7,
1986; 62 FR 26018, May 12, 1997; 73 FR 64760, Oct. 30, 2008; 75 FR
13001, Mar. 18, 2010]
Sec. 261.2 Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded
under Sec. 261.4(a) or that is not excluded by a variance granted under
Secs. 260.30 and 260.31 or that is not excluded by a non-waste
determination under Secs. 260.30 and 260.34.
(2)(i) A discarded material is any material which is:
(A) Abandoned, as explained in paragraph (b) of this section; or
(B) Recycled, as explained in paragraph (c) of this section; or
(C) Considered inherently waste-like, as explained in paragraph (d)
of this section; or
(D) A military munition identified as a solid waste in Sec. 266.202.
(ii) A hazardous secondary material is not discarded if it is
generated and reclaimed under the control of the generator as defined in
Sec. 260.10, it is not speculatively accumulated as defined in
Sec. 261.1(c)(8), it is handled only in non-land-based units and is
contained in such units, it is generated and reclaimed within the United
States and its territories, it is not otherwise subject to material-
specific management conditions under Sec. 261.4(a) when reclaimed, it is
not a spent lead acid battery (see Sec. 266.80 and Sec. 273.2), it does
not meet the listing description for K171 or K172 in Sec. 261.32, and
the reclamation of the material is legitimate, as specified
[[Page 34]]
under Sec. 260.43. (See also the notification requirements of
Sec. 260.42). (For hazardous secondary materials managed in land-based
units, see Sec. 261.4(a)(23)).
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not recycled) before or in
lieu of being abandoned by being disposed of, burned, or incinerated.
(c) Materials are solid wastes if they are recycled--or accumulated,
stored, or treated before recycling--as specified in paragraphs (c)(1)
through (4) of this section.
(1) Used in a manner constituting disposal. (i) Materials noted with
a ``*'' in Column 1 of Table 1 are solid wastes when they are:
(A) Applied to or placed on the land in a manner that constitutes
disposal; or
(B) Used to produce products that are applied to or placed on the
land or are otherwise contained in products that are applied to or
placed on the land (in which cases the product itself remains a solid
waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are applied to the land and that is their
ordinary manner of use.
(2) Burning for energy recovery. (i) Materials noted with a ``*'' in
column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in
which cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are themselves fuels.
(3) Reclaimed. Materials noted with a ``--'' in column 3 of Table 1
are not solid wastes when reclaimed. Materials noted with an ``*'' in
column 3 of Table 1 are solid wastes when reclaimed unless they meet the
requirements of Secs. 261.2(a)(2)(ii), or 261.4(a)(17), or 261.4(a)(23),
or 261.4(a)(24) or 261.4(a)(25).
(4) Accumulated speculatively. Materials noted with a ``*'' in
column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1
----------------------------------------------------------------------------------------------------------------
Reclamation
(261.2(c)(3)),
except as provided
Use constituting Energy recovery/ in Speculative
disposal (Sec. fuel (Sec. 261.2(a)(2)(ii), accumulation (Sec.
261.2(c)(1)) 261.2(c)(2)) 261.4(a)(17), 261.2(c)(4))
261.4(a)(23),
261.4(a)(24), or
261.4(a)(25)
----------------------------------------------------------------------------------------------------------------
1 2 3 4
----------------------------------------------------------------------------------------------------------------
Spent Materials.............. (*) (*) (*) (*)
Sludges (listed in 40 CFR (*) (*) (*) (*)
Part 261.31 or 261.32)......
Sludges exhibiting a (*) (*) -- (*)
characteristic of hazardous
waste.......................
By-products (listed in 40 CFR (*) (*) (*) (*)
261.31 or 261.32)...........
By-products exhibiting a (*) (*) -- (*)
characteristic of hazardous
waste.......................
Commercial chemical products (*) (*) -- --
listed in 40 CFR 261.33.....
Scrap metal that is not (*) (*) (*) (*)
excluded under Sec.
261.4(a)(13)................
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
metal'' are defined in Sec. 261.1.
(d) Inherently waste-like materials. The following materials are
solid wastes when they are recycled in any manner:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to
make a product at the site of generation), F022, F023, F026, and F028.
[[Page 35]]
(2) Secondary materials fed to a halogen acid furnace that exhibit a
characteristic of a hazardous waste or are listed as a hazardous waste
as defined in subparts C or D of this part, except for brominated
material that meets the following criteria:
(i) The material must contain a bromine concentration of at least
45%; and
(ii) The material must contain less than a total of 1% of toxic
organic compounds listed in appendix VIII; and
(iii) The material is processed continually on-site in the halogen
acid furnace via direct conveyance (hard piping).
(3) The Administrator will use the following criteria to add wastes
to that list:
(i)(A) The materials are ordinarily disposed of, burned, or
incinerated; or
(B) The materials contain toxic constituents listed in appendix VIII
of part 261 and these constituents are not ordinarily found in raw
materials or products for which the materials substitute (or are found
in raw materials or products in smaller concentrations) and are not used
or reused during the recycling process; and
(ii) The material may pose a substantial hazard to human health and
the environment when recycled.
(e) Materials that are not solid waste when recycled. (1) Materials
are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an industrial process to make a
product, provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes for commercial
products; or
(iii) Returned to the original process from which they are
generated, without first being reclaimed or land disposed. The material
must be returned as a substitute for feedstock materials. In cases where
the original process to which the material is returned is a secondary
process, the materials must be managed such that there is no placement
on the land. In cases where the materials are generated and reclaimed
within the primary mineral processing industry, the conditions of the
exclusion found at Sec. 261.4(a)(17) apply rather than this paragraph.
(2) The following materials are solid wastes, even if the recycling
involves use, reuse, or return to the original process (described in
paragraphs (e)(1) (i) through (iii) of this section):
(i) Materials used in a manner constituting disposal, or used to
produce products that are applied to the land; or
(ii) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels; or
(iii) Materials accumulated speculatively; or
(iv) Materials listed in paragraphs (d)(1) and (d)(2) of this
section.
(f) Documentation of claims that materials are not solid wastes or
are conditionally exempt from regulation. Respondents in actions to
enforce regulations implementing subtitle C of RCRA who raise a claim
that a certain material is not a solid waste, or is conditionally exempt
from regulation, must demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the
exclusion or exemption. In doing so, they must provide appropriate
documentation (such as contracts showing that a second person uses the
material as an ingredient in a production process) to demonstrate that
the material is not a waste, or is exempt from regulation. In addition,
owners or operators of facilities claiming that they actually are
recycling materials must show that they have the necessary equipment to
do so.
[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug.
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26,
1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002; 71 FR
40258, July 14, 2006; 73 FR 64760, Oct. 30, 2008; 75 FR 13001, Mar. 18,
2010]
Sec. 261.3 Definition of hazardous waste.
(a) A solid waste, as defined in Sec. 261.2, is a hazardous waste
if:
(1) It is not excluded from regulation as a hazardous waste under
Sec. 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,
[[Page 36]]
beneficiation, and processing of ores and minerals excluded under
Sec. 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 Sec. 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 Secs. 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 Secs. 260.20 and 260.22,
paragraph (g) of this section, or paragraph (h) of this section;
however, the following mixtures of solid wastes and hazardous wastes
listed in subpart D of this part are not hazardous wastes (except by
application of paragraph (a)(2)(i) or (ii) of this section) if the
generator can demonstrate that the mixture consists of wastewater the
discharge of which is subject to regulation under either section 402 or
section 307(b) of the Clean Water Act (including wastewater at
facilities which have eliminated the discharge of wastewater) and;
(A) One or more of the following spent solvents listed in
Sec. 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
[[Page 37]]
(B) One or more of the following spent solvents listed in
Sec. 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 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 Sec. 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 Secs. 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
Secs. 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
[[Page 38]]
this 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 Sec. 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 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 Sec. 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
[[Page 39]]
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.
(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:
[[Page 40]]
(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 Sec. 261.6(a)(3)(iii) and (iv).
(C)(1) Nonwastewater residues, such as slag, resulting from high
temperature metals recovery (HTMR) processing of K061, K062 or F006
waste, in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/
electric furnace combinations or industrial furnaces (as defined in
paragraphs (6), (7), and (13) of the definition for ``Industrial
furnace'' in 40 CFR 260.10), that are disposed in subtitle D units,
provided that these residues meet the generic exclusion levels
identified in the tables in this paragraph for all constituents, and
exhibit no characteristics of hazardous waste. Testing requirements must
be incorporated in a facility's waste analysis plan or a generator's
self-implementing waste analysis plan; at a minimum, composite samples
of residues must be collected and analyzed quarterly and/or when the
process or operation generating the waste changes. Persons claiming this
exclusion in an enforcement action will have the burden of proving by
clear and convincing evidence that the material meets all of the
exclusion requirements.
------------------------------------------------------------------------
Maximum for any
single
Constituent composite
sample--TCLP
(mg/l)
------------------------------------------------------------------------
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
Generic exclusion levels for F006 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Cyanide (total) (mg/kg)................................ 1.8
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
(2) A one-time notification and certification must be placed in the
facility's files and sent to the EPA region or authorized state for
K061, K062 or F006 HTMR residues that meet the generic exclusion levels
for all constituents and do not exhibit any characteristics that are
sent to subtitle D units. The notification and certification that is
placed in the generators or treaters files must be updated if the
process or operation generating the waste changes and/or if the subtitle
D unit receiving the waste changes. However, the generator or treater
need only notify the EPA region or an authorized state on an annual
basis if such changes occur. Such notification and certification should
be sent to the EPA region or authorized state by the end of the calendar
year, but no later than December 31. The notification must include the
following information: The name and address of the subtitle D unit
receiving the waste shipments; the EPA Hazardous Waste Number(s) and
treatability group(s) at the initial point of generation; and, the
treatment standards applicable to the waste at the initial point of
generation. The certification must be signed by an authorized
representative and must state as follows: ``I certify under penalty of
law that the generic exclusion levels for all constituents have been met
without impermissible dilution and that no characteristic of hazardous
waste is exhibited. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.''
(D) Biological treatment sludge from the treatment of one of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates,
[[Page 41]]
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 Sec. 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 Secs. 260.20 and
260.22 of this chapter.
(e) [Reserved]
(f) Notwithstanding paragraphs (a) through (d) of this section and
provided the debris as defined in part 268 of this chapter does not
exhibit a characteristic identified at subpart C of this part, the
following materials are not subject to regulation under 40 CFR parts
260, 261 to 266, 268, or 270:
(1) Hazardous debris as defined in part 268 of this chapter that has
been treated using one of the required extraction or destruction
technologies specified in Table 1 of Sec. 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 Sec. 261.21, corrosivity as defined under Sec. 261.22,
or reactivity as defined under Sec. 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
Sec. 261.4(b)(7) and a hazardous waste listed in subpart D of this part
solely because it exhibits one or more of the characteristics of
ignitability, corrosivity, or reactivity as regulated under paragraph
(a)(2)(iv) of this section is not a hazardous waste, if the mixture no
longer exhibits any characteristic of hazardous waste identified in
subpart C of this part for which the hazardous waste listed in subpart D
of this part was listed.
(h)(1) Hazardous waste containing radioactive waste is no longer a
hazardous waste when it meets the eligibility criteria and conditions of
40 CFR part 266, Subpart N (``eligible radioactive mixed waste'').
(2) The exemption described in paragraph (h)(1) of this section also
pertains to:
(i) Any mixture of a solid waste and an eligible radioactive mixed
waste; and
[[Page 42]]
(ii) Any solid waste generated from treating, storing, or disposing
of an eligible radioactive mixed waste.
(3) Waste exempted under this section must meet the eligibility
criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230
(for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315
(for transportation and disposal). Waste that fails to satisfy these
eligibility criteria and conditions is regulated as hazardous waste.
[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct.
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16,
2001; 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14, 2005; 70 FR
57784, Oct. 4, 2005; 71 FR 40258, July 14, 2006]
Sec. 261.4 Exclusions.
(a) Materials which are not solid wastes. The following materials
are not solid wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly-owned treatment works for
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass
through a sewer system.
(2) Industrial wastewater discharges that are point source
discharges subject to regulation under section 402 of the Clean Water
Act, as amended.
[Comment: This exclusion applies only to the actual point source
discharge. It does not exclude industrial wastewaters while they are
being collected, stored or treated before discharge, nor does it exclude
sludges that are generated by industrial wastewater treatment.]
(3) Irrigation return flows.
(4) Source, special nuclear or by-product material as defined by the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
(5) Materials subjected to in-situ mining techniques which are not
removed from the ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a
pulping liquor recovery furnace and then reused in the pulping process,
unless it is accumulated speculatively as defined in Sec. 261.1(c) of
this chapter.
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless
it is accumulated speculatively as defined in Sec. 261.1(c) of this
chapter.
(8) Secondary materials that are reclaimed and returned to the
original process or processes in which they were generated where they
are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected with
pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such
as occurs in boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks
for over twelve months without being reclaimed; and
(iv) The reclaimed material is not used to produce a fuel, or used
to produce products that are used in a manner constituting disposal.
(9)(i) Spent wood preserving solutions that have been reclaimed and
are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been
reclaimed and are reused to treat wood.
(iii) Prior to reuse, the wood preserving wastewaters and spent wood
preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of
this section, so long as they meet all of the following conditions:
(A) The wood preserving wastewaters and spent wood preserving
solutions are reused on-site at water borne plants in the production
process for their original intended purpose;
(B) Prior to reuse, the wastewaters and spent wood preserving
solutions are managed to prevent release to either land or groundwater
or both;
(C) Any unit used to manage wastewaters and/or spent wood preserving
solutions prior to reuse can be visually or otherwise determined to
prevent such releases;
[[Page 43]]
(D) Any drip pad used to manage the wastewaters and/or spent wood
preserving solutions prior to reuse complies with the standards in part
265, subpart W of this chapter, regardless of whether the plant
generates a total of less than 100 kg/month of hazardous waste; and
(E) Prior to operating pursuant to this exclusion, the plant owner
or operator prepares a one-time notification stating that the plant
intends to claim the exclusion, giving the date on which the plant
intends to begin operating under the exclusion, and containing the
following language: ``I have read the applicable regulation establishing
an exclusion for wood preserving wastewaters and spent wood preserving
solutions and understand it requires me to comply at all times with the
conditions set out in the regulation.'' The plant must maintain a copy
of that document in its on-site records until closure of the facility.
The exclusion applies so long as the plant meets all of the conditions.
If the plant goes out of compliance with any condition, it may apply to
the appropriate Regional Administrator or state Director for
reinstatement. The Regional Administrator or state Director may
reinstate the exclusion upon finding that the plant has returned to
compliance with all conditions and that the violations are not likely to
recur.
(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144,
K145, K147, and K148, and any wastes from the coke by-products processes
that are hazardous only because they exhibit the Toxicity Characteristic
(TC) specified in section 261.24 of this part when, subsequent to
generation, these materials are recycled to coke ovens, to the tar
recovery process as a feedstock to produce coal tar, or mixed with coal
tar prior to the tar's sale or refining. This exclusion is conditioned
on there being no land disposal of the wastes from the point they are
generated to the point they are recycled to coke ovens or tar recovery
or refining processes, or mixed with coal tar.
(11) Nonwastewater splash condenser dross residue from the treatment
of K061 in high temperature metals recovery units, provided it is
shipped in drums (if shipped) and not land disposed before recovery.
(12)(i) Oil-bearing hazardous secondary materials (i.e., sludges,
byproducts, or spent materials) that are generated at a petroleum
refinery (SIC code 2911) and are inserted into the petroleum refining
process (SIC code 2911--including, but not limited to, distillation,
catalytic cracking, fractionation, gasification (as defined in 40 CFR
260.10) or thermal cracking units (i.e., cokers)) unless the material is
placed on the land, or speculatively accumulated before being so
recycled. Materials inserted into thermal cracking units are excluded
under this paragraph, provided that the coke product also does not
exhibit a characteristic of hazardous waste. Oil-bearing hazardous
secondary materials may be inserted into the same petroleum refinery
where they are generated, or sent directly to another petroleum refinery
and still be excluded under this provision. Except as provided in
paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary
materials generated elsewhere in the petroleum industry (i.e., from
sources other than petroleum refineries) are not excluded under this
section. Residuals generated from processing or recycling materials
excluded under this paragraph (a)(12)(i), where such materials as
generated would have otherwise met a listing under subpart D of this
part, are designated as F037 listed wastes when disposed of or intended
for disposal.
(ii) Recovered oil that is recycled in the same manner and with the
same conditions as described in paragraph (a)(12)(i) of this section.
Recovered oil is oil that has been reclaimed from secondary materials
(including wastewater) generated from normal petroleum industry
practices, including refining, exploration and production, bulk storage,
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382,
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil
does not include oil-bearing hazardous wastes listed in subpart D of
this part; however, oil recovered from such wastes may be considered
recovered oil. Recovered oil does not include used oil as defined in 40
CFR 279.1.
[[Page 44]]
(13) Excluded scrap metal (processed scrap metal, unprocessed home
scrap metal, and unprocessed prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled provided that they are:
(i) Stored in containers sufficient to prevent a release to the
environment prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium
batteries and lithium batteries.
(15) Condensates derived from the overhead gases from kraft mill
steam strippers that are used to comply with 40 CFR 63.446(e). The
exemption applies only to combustion at the mill generating the
condensates.
(16) Comparable fuels or comparable syngas fuels that meet the
requirements of Sec. 261.38.
(17) Spent materials (as defined in Sec. 261.1) (other than
hazardous wastes listed in subpart D of this part) generated within the
primary mineral processing industry from which minerals, acids, cyanide,
water, or other values are recovered by mineral processing or by
beneficiation, provided that:
(i) The spent material is legitimately recycled to recover minerals,
acids, cyanide, water or other values;
(ii) The spent material is not accumulated speculatively;
(iii) Except as provided in paragraph (a)(17)(iv) of this section,
the spent material is stored in tanks, containers, or buildings meeting
the following minimum integrity standards: a building must be an
engineered structure with a floor, walls, and a roof all of which are
made of non-earthen materials providing structural support (except
smelter buildings may have partially earthen floors provided the
secondary material is stored on the non-earthen portion), and have a
roof suitable for diverting rainwater away from the foundation; a tank
must be free standing, not be a surface impoundment (as defined in 40
CFR 260.10), and be manufactured of a material suitable for containment
of its contents; a container must be free standing and be manufactured
of a material suitable for containment of its contents. If tanks or
containers contain any particulate which may be subject to wind
dispersal, the owner/operator must operate these units in a manner which
controls fugitive dust. Tanks, containers, and buildings must be
designed, constructed and operated to prevent significant releases to
the environment of these materials.
(iv) The Regional Administrator or State Director may make a site-
specific determination, after public review and comment, that only solid
mineral processing spent material may be placed on pads rather than
tanks containers, or buildings. Solid mineral processing spent materials
do not contain any free liquid. The decision-maker must affirm that pads
are designed, constructed and operated to prevent significant releases
of the secondary material into the environment. Pads must provide the
same degree of containment afforded by the non-RCRA tanks, containers
and buildings eligible for exclusion.
(A) The decision-maker must also consider if storage on pads poses
the potential for significant releases via groundwater, surface water,
and air exposure pathways. Factors to be considered for assessing the
groundwater, surface water, air exposure pathways are: The volume and
physical and chemical properties of the secondary material, including
its potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad
via each exposure pathway, and the possibility and extent of harm to
human and environmental receptors via each exposure pathway.
(B) Pads must meet the following minimum standards: Be designed of
non-earthen material that is compatible with the chemical nature of the
mineral processing spent material, capable of withstanding physical
stresses associated with placement and removal, have run on/runoff
controls, be operated in a manner which controls fugitive dust, and have
integrity assurance through inspections and maintenance programs.
(C) Before making a determination under this paragraph, the Regional
Administrator or State Director must provide notice and the opportunity
for comment to all persons potentially interested in the determination.
This can
[[Page 45]]
be accomplished by placing notice of this action in major local
newspapers, or broadcasting notice over local radio stations.
(v) The owner or operator provides notice to the Regional
Administrator or State Director providing the following information: The
types of materials to be recycled; the type and location of the storage
units and recycling processes; and the annual quantities expected to be
placed in land-based units. This notification must be updated when there
is a change in the type of materials recycled or the location of the
recycling process.
(vi) For purposes of paragraph (b)(7) of this section, mineral
processing spent materials must be the result of mineral processing and
may not include any listed hazardous wastes. Listed hazardous wastes and
characteristic hazardous wastes generated by non-mineral processing
industries are not eligible for the conditional exclusion from the
definition of solid waste.
(18) Petrochemical recovered oil from an associated organic chemical
manufacturing facility, where the oil is to be inserted into the
petroleum refining process (SIC code 2911) along with normal petroleum
refinery process streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene
(Sec. 261.24, waste code D018); and
(ii) The oil generated by the organic chemical manufacturing
facility is not placed on the land, or speculatively accumulated before
being recycled into the petroleum refining process. An ``associated
organic chemical manufacturing facility'' is a facility where the
primary SIC code is 2869, but where operations may also include SIC
codes 2821, 2822, and 2865; and is physically co-located with a
petroleum refinery; and where the petroleum refinery to which the oil
being recycled is returned also provides hydrocarbon feedstocks to the
organic chemical manufacturing facility. ``Petrochemical recovered oil''
is oil that has been reclaimed from secondary materials (i.e., sludges,
byproducts, or spent materials, including wastewater) from normal
organic chemical manufacturing operations, as well as oil recovered from
organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum refining liquid treating
processes used as a feedstock to produce cresylic or naphthenic acid
unless the material is placed on the land, or accumulated speculatively
as defined in Sec. 261.1(c).
(20) Hazardous secondary materials used to make zinc fertilizers,
provided that the following conditions specified are satisfied:
(i) Hazardous secondary materials used to make zinc micronutrient
fertilizers must not be accumulated speculatively, as defined in
Sec. 261.1 (c)(8).
(ii) Generators and intermediate handlers of zinc-bearing hazardous
secondary materials that are to be incorporated into zinc fertilizers
must:
(A) Submit a one-time notice to the Regional Administrator or State
Director in whose jurisdiction the exclusion is being claimed, which
contains the name, address and EPA ID number of the generator or
intermediate handler facility, provides a brief description of the
secondary material that will be subject to the exclusion, and identifies
when the manufacturer intends to begin managing excluded, zinc-bearing
hazardous secondary materials under the conditions specified in this
paragraph (a)(20).
(B) Store the excluded secondary material in tanks, containers, or
buildings that are constructed and maintained in a way that prevents
releases of the secondary materials into the environment. At a minimum,
any building used for this purpose must be an engineered structure made
of non-earthen materials that provide structural support, and must have
a floor, walls and a roof that prevent wind dispersal and contact with
rainwater. Tanks used for this purpose must be structurally sound and,
if outdoors, must have roofs or covers that prevent contact with wind
and rain. Containers used for this purpose must be kept closed except
when it is necessary to add or remove material, and must be in sound
condition. Containers that are stored outdoors must be managed within
storage areas that:
[[Page 46]]
(1) Have containment structures or systems sufficiently impervious
to contain leaks, spills and accumulated precipitation; and
(2) Provide for effective drainage and removal of leaks, spills and
accumulated precipitation; and
(3) Prevent run-on into the containment system.
(C) With each off-site shipment of excluded hazardous secondary
materials, provide written notice to the receiving facility that the
material is subject to the conditions of this paragraph (a)(20).
(D) Maintain at the generator's or intermediate handlers's facility
for no less than three years records of all shipments of excluded
hazardous secondary materials. For each shipment these records must at a
minimum contain the following information:
(1) Name of the transporter and date of the shipment;
(2) Name and address of the facility that received the excluded
material, and documentation confirming receipt of the shipment; and
(3) Type and quantity of excluded secondary material in each
shipment.
(iii) Manufacturers of zinc fertilizers or zinc fertilizer
ingredients made from excluded hazardous secondary materials must:
(A) Store excluded hazardous secondary materials in accordance with
the storage requirements for generators and intermediate handlers, as
specified in paragraph (a)(20)(ii)(B) of this section.
(B) Submit a one-time notification to the Regional Administrator or
State Director that, at a minimum, specifies the name, address and EPA
ID number of the manufacturing facility, and identifies when the
manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in this paragraph
(a)(20).
(C) Maintain for a minimum of three years records of all shipments
of excluded hazardous secondary materials received by the manufacturer,
which must at a minimum identify for each shipment the name and address
of the generating facility, name of transporter and date the materials
were received, the quantity received, and a brief description of the
industrial process that generated the material.
(D) Submit to the Regional Administrator or State Director an annual
report that identifies the total quantities of all excluded hazardous
secondary materials that were used to manufacture zinc fertilizers or
zinc fertilizer ingredients in the previous year, the name and address
of each generating facility, and the industrial process(s) from which
they were generated.
(iv) Nothing in this section preempts, overrides or otherwise
negates the provision in Sec. 262.11 of this chapter, which requires any
person who generates a solid waste to determine if that waste is a
hazardous waste.
(v) Interim status and permitted storage units that have been used
to store only zinc-bearing hazardous wastes prior to the submission of
the one-time notice described in paragraph (a)(20)(ii)(A) of this
section, and that afterward will be used only to store hazardous
secondary materials excluded under this paragraph, are not subject to
the closure requirements of 40 CFR Parts 264 and 265.
(21) Zinc fertilizers made from hazardous wastes, or hazardous
secondary materials that are excluded under paragraph (a)(20) of this
section, provided that:
(i) The fertilizers meet the following contaminant limits:
(A) For metal contaminants:
------------------------------------------------------------------------
Maximum
Allowable
Total
Concentration
Constituent in
Fertilizer,
per Unit (1%)
of Zinc (ppm)
------------------------------------------------------------------------
Arsenic.................................................. 0.3
Cadmium.................................................. 1.4
Chromium................................................. 0.6
Lead..................................................... 2.8
Mercury.................................................. 0.3
------------------------------------------------------------------------
(B) For dioxin contaminants the fertilizer must contain no more than
eight (8) parts per trillion of dioxin, measured as toxic equivalent
(TEQ).
(ii) The manufacturer performs sampling and analysis of the
fertilizer product to determine compliance with the contaminant limits
for metals no less than every six months, and for dioxins no less than
every twelve
[[Page 47]]
months. Testing must also be performed whenever changes occur to
manufacturing processes or ingredients that could significantly affect
the amounts of contaminants in the fertilizer product. The manufacturer
may use any reliable analytical method to demonstrate that no
constituent of concern is present in the product at concentrations above
the applicable limits. It is the responsibility of the manufacturer to
ensure that the sampling and analysis are unbiased, precise, and
representative of the product(s) introduced into commerce.
(iii) The manufacturer maintains for no less than three years
records of all sampling and analyses performed for purposes of
determining compliance with the requirements of paragraph (a)(21)(ii) of
this section. Such records must at a minimum include:
(A) The dates and times product samples were taken, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) taking the
samples;
(C) A description of the methods and equipment used to take the
samples;
(D) The name and address of the laboratory facility at which
analyses of the samples were performed;
(E) A description of the analytical methods used, including any
cleanup and sample preparation methods; and
(F) All laboratory analytical results used to determine compliance
with the contaminant limits specified in this paragraph (a)(21).
(22) Used cathode ray tubes (CRTs)
(i) Used, intact CRTs as defined in Sec. 260.10 of this chapter are
not solid wastes within the United States unless they are disposed, or
unless they are speculatively accumulated as defined in Sec. 261.1(c)(8)
by CRT collectors or glass processors.
(ii) Used, intact CRTs as defined in Sec. 260.10 of this chapter are
not solid wastes when exported for recycling provided that they meet the
requirements of Sec. 261.40.
(iii) Used, broken CRTs as defined in Sec. 260.10 of this chapter
are not solid wastes provided that they meet the requirements of
Sec. 261.39.
(iv) Glass removed from CRTs is not a solid waste provided that it
meets the requirements of Sec. 261.39(c).
(23) Hazardous secondary material generated and reclaimed within the
United States or its territories and managed in land-based units as
defined in Sec. 260.10 of this chapter is not a solid waste provided
that:
(i) The material is contained;
(ii) The material is a hazardous secondary material generated and
reclaimed under the control of the generator, as defined in Sec. 260.10;
(iii) The material is not speculatively accumulated, as defined in
Sec. 261.1(c)(8);
(iv) The material is not otherwise subject to material-specific
management conditions under paragraph (a) of this section when
reclaimed, it is not a spent lead acid battery (see Sec. 266.80 and
Sec. 273.2 of this chapter), and it does not meet the listing
description for K171 or K172 in Sec. 261.32;
(v) The reclamation of the material is legitimate, as specified
under Sec. 260.43 of this chapter; and
(vi) In addition, persons claiming the exclusion under this
paragraph (a)(23) must provide notification as required by Sec. 260.42
of this chapter. (For hazardous secondary material managed in a non-
land-based unit, see Sec. 261.2(a)(2)(ii)).
(24) Hazardous secondary material that is generated and then
transferred to another person for the purpose of reclamation is not a
solid waste, provided that:
(i) The material is not speculatively accumulated, as defined in
Sec. 261.1(c)(8);
(ii) The material is not handled by any person or facility other
than the hazardous secondary material generator, the transporter, an
intermediate facility or a reclaimer, and, while in transport, is not
stored for more than 10 days at a transfer facility, as defined in
Sec. 260.10 of this chapter, and is packaged according to applicable
Department of Transportation regulations at 49 CFR Parts 173, 178, and
179 while in transport;
(iii) The material is not otherwise subject to material-specific
management conditions under paragraph (a) of this section when
reclaimed, it is not a spent lead-acid battery (see Sec. 266.80 and
Sec. 273.2 of this chapter), and it does not meet the listing
description for K171 or K172 in Sec. 261.32;
[[Page 48]]
(iv) The reclamation of the material is legitimate, as specified
under Sec. 260.43 of this chapter;
(v) The hazardous secondary material generator satisfies all of the
following conditions:
(A) The material must be contained.
(B) Prior to arranging for transport of hazardous secondary
materials to a reclamation facility (or facilities) where the management
of the hazardous secondary materials is not addressed under a RCRA Part
B permit or interim status standards, the hazardous secondary material
generator must make reasonable efforts to ensure that each reclaimer
intends to properly and legitimately reclaim the hazardous secondary
material and not discard it, and that each reclaimer will manage the
hazardous secondary material in a manner that is protective of human
health and the environment. If the hazardous secondary material will be
passing through an intermediate facility where the management of the
hazardous secondary materials is not addressed under a RCRA Part B
permit or interim status standards, the hazardous secondary material
generator must make contractual arrangements with the intermediate
facility to ensure that the hazardous secondary material is sent to the
reclamation facility identified by the hazardous secondary material
generator, and the hazardous secondary material generator must perform
reasonable efforts to ensure that the intermediate facility will manage
the hazardous secondary material in a manner that is protective of human
health and the environment. Reasonable efforts must be repeated at a
minimum of every three years for the hazardous secondary material
generator to claim the exclusion and to send the hazardous secondary
materials to each reclaimer and any intermediate facility. In making
these reasonable efforts, the generator may use any credible evidence
available, including information gathered by the hazardous secondary
material generator, provided by the reclaimer or intermediate facility,
and/or provided by a third party. The hazardous secondary material
generator must affirmatively answer all of the following questions for
each reclamation facility and any intermediate facility:
(1) Does the available information indicate that the reclamation
process is legitimate pursuant to Sec. 260.43 of this chapter? In
answering this question, the hazardous secondary material generator can
rely on their existing knowledge of the physical and chemical properties
of the hazardous secondary material, as well as information from other
sources (e.g., the reclamation facility, audit reports, etc.) about the
reclamation process. (By responding to this question, the hazardous
secondary material generator has also satisfied its requirement in
Sec. 260.43(a) of this chapter to be able to demonstrate that the
recycling is legitimate).
(2) Does the publicly available information indicate that the
reclamation facility and any intermediate facility that is used by the
hazardous secondary material generator notified the appropriate
authorities of hazardous secondary materials reclamation activities
pursuant to Sec. 260.42 of this chapter and have they notified the
appropriate authorities that the financial assurance condition is
satisfied per paragraph (a)(24)(vi)(F) of this section? In answering
these questions, the hazardous secondary material generator can rely on
the available information documenting the reclamation facility's and any
intermediate facility's compliance with the notification requirements
per Sec. 260.42 of this chapter, including the requirement in
Sec. 260.42(a)(5) to notify EPA whether the reclaimer or intermediate
facility has financial assurance.
(3) Does publicly available information indicate that the
reclamation facility or any intermediate facility that is used by the
hazardous secondary material generator has not had any formal
enforcement actions taken against the facility in the previous three
years for violations of the RCRA hazardous waste regulations and has not
been classified as a significant non-complier with RCRA Subtitle C? In
answering this question, the hazardous secondary material generator can
rely on the publicly available information from EPA or the state. If the
reclamation facility or any intermediate facility that is
[[Page 49]]
used by the hazardous secondary material generator has had a formal
enforcement action taken against the facility in the previous three
years for violations of the RCRA hazardous waste regulations and has
been classified as a significant non-complier with RCRA Subtitle C, does
the hazardous secondary material generator have credible evidence that
the facilities will manage the hazardous secondary materials properly?
In answering this question, the hazardous secondary material generator
can obtain additional information from EPA, the state, or the facility
itself that the facility has addressed the violations, taken remedial
steps to address the violations and prevent future violations, or that
the violations are not relevant to the proper management of the
hazardous secondary materials.
(4) Does the available information indicate that the reclamation
facility and any intermediate facility that is used by the hazardous
secondary material generator have the equipment and trained personnel to
safely recycle the hazardous secondary material? In answering this
question, the generator may rely on a description by the reclamation
facility or by an independent third party of the equipment and trained
personnel to be used to recycle the generator's hazardous secondary
material.
(5) If residuals are generated from the reclamation of the excluded
hazardous secondary materials, does the reclamation facility have the
permits required (if any) to manage the residuals? If not, does the
reclamation facility have a contract with an appropriately permitted
facility to dispose of the residuals? If not, does the hazardous
secondary material generator have credible evidence that the residuals
will be managed in a manner that is protective of human health and the
environment? In answering these questions, the hazardous secondary
material generator can rely on publicly available information from EPA
or the state, or information provided by the facility itself.
(C) The hazardous secondary material generator must maintain for a
minimum of three years documentation and certification that reasonable
efforts were made for each reclamation facility and, if applicable,
intermediate facility where the management of the hazardous secondary
materials is not addressed under a RCRA Part B permit or interim status
standards prior to transferring hazardous secondary material.
Documentation and certification must be made available upon request by a
regulatory authority within 72 hours, or within a longer period of time
as specified by the regulatory authority. The certification statement
must:
(1) Include the printed name and official title of an authorized
representative of the hazardous secondary material generator company,
the authorized representative's signature, and the date signed;
(2) Incorporate the following language: ``I hereby certify in good
faith and to the best of my knowledge that, prior to arranging for
transport of excluded hazardous secondary materials to [insert name(s)
of reclamation facility and any intermediate facility], reasonable
efforts were made in accordance with Sec. 261.4(a)(24)(v)(B) to ensure
that the hazardous secondary materials would be recycled legitimately,
and otherwise managed in a manner that is protective of human health and
the environment, and that such efforts were based on current and
accurate information.''
(D) The hazardous secondary material generator must maintain at the
generating facility for no less than three (3) years records of all off-
site shipments of hazardous secondary materials. For each shipment,
these records must, at a minimum, contain the following information:
(1) Name of the transporter and date of the shipment;
(2) Name and address of each reclaimer and, if applicable, the name
and address of each intermediate facility to which the hazardous
secondary material was sent;
(3) The type and quantity of hazardous secondary material in the
shipment.
(E) The hazardous secondary material generator must maintain at the
generating facility for no less than three (3) years confirmations of
receipt from each reclaimer and, if applicable, each intermediate
facility for all off-
[[Page 50]]
site shipments of hazardous secondary materials. Confirmations of
receipt must include the name and address of the reclaimer (or
intermediate facility), the type and quantity of the hazardous secondary
materials received and the date which the hazardous secondary materials
were received. This requirement may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT
shipping papers, or electronic confirmations of receipt); and
(vi) Reclaimers of hazardous secondary material excluded from
regulation under this exclusion and intermediate facilities as defined
in Sec. 260.10 of this chapter satisfy all of the following conditions:
(A) The reclaimer and intermediate facility must maintain at its
facility for no less than three (3) years records of all shipments of
hazardous secondary material that were received at the facility and, if
applicable, for all shipments of hazardous secondary materials that were
received and subsequently sent off-site from the facility for further
reclamation. For each shipment, these records must at a minimum contain
the following information:
(1) Name of the transporter and date of the shipment;
(2) Name and address of the hazardous secondary material generator
and, if applicable, the name and address of the reclaimer or
intermediate facility which the hazardous secondary materials were
received from;
(3) The type and quantity of hazardous secondary material in the
shipment; and
(4) For hazardous secondary materials that, after being received by
the reclaimer or intermediate facility, were subsequently transferred
off-site for further reclamation, the name and address of the
(subsequent) reclaimer and, if applicable, the name and address of each
intermediate facility to which the hazardous secondary material was
sent.
(B) The intermediate facility must send the hazardous secondary
material to the reclaimer(s) designated by the hazardous secondary
materials generator.
(C) The reclaimer and intermediate facility must send to the
hazardous secondary material generator confirmations of receipt for all
off-site shipments of hazardous secondary materials. Confirmations of
receipt must include the name and address of the reclaimer (or
intermediate facility), the type and quantity of the hazardous secondary
materials received and the date which the hazardous secondary materials
were received. This requirement may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT
shipping papers, or electronic confirmations of receipt).
(D) The reclaimer and intermediate facility must manage the
hazardous secondary material in a manner that is at least as protective
as that employed for analogous raw material and must be contained. An
``analogous raw material'' is a raw material for which a hazardous
secondary material is a substitute and serves the same function and has
similar physical and chemical properties as the hazardous secondary
material.
(E) Any residuals that are generated from reclamation processes will
be managed in a manner that is protective of human health and the
environment. If any residuals exhibit a hazardous characteristic
according to subpart C of 40 CFR part 261, or if they themselves are
specifically listed in subpart D of 40 CFR part 261, such residuals are
hazardous wastes and must be managed in accordance with the applicable
requirements of 40 CFR parts 260 through 272.
(F) The reclaimer and intermediate facility has financial assurance
as required under subpart H of 40 CFR part 261.
(vii) In addition, all persons claiming the exclusion under this
paragraph (a)(24) of this section must provide notification as required
under Sec. 260.42 of this chapter.
(25) Hazardous secondary material that is exported from the United
States and reclaimed at a reclamation facility located in a foreign
country is not a solid waste, provided that the hazardous secondary
material generator complies with the applicable requirements of
paragraph (a)(24)(i)-(v) of this section (excepting paragraph
[[Page 51]]
(a)(v)(B)(2) of this section for foreign reclaimers and foreign
intermediate facilities), and that the hazardous secondary material
generator also complies with the following requirements:
(i) Notify EPA of an intended export before the hazardous secondary
material is scheduled to leave the United States. A complete
notification must be submitted at least sixty (60) days before the
initial shipment is intended to be shipped off-site. This notification
may cover export activities extending over a twelve (12) month or lesser
period. The notification must be in writing, signed by the hazardous
secondary material generator, and include the following information:
(A) Name, mailing address, telephone number and EPA ID number (if
applicable) of the hazardous secondary material generator;
(B) A description of the hazardous secondary material and the EPA
hazardous waste number that would apply if the hazardous secondary
material was managed as hazardous waste and the U.S. DOT proper shipping
name, hazard class and ID number (UN/NA) for each hazardous secondary
material as identified in 49 CFR parts 171 through 177;
(C) The estimated frequency or rate at which the hazardous secondary
material is to be exported and the period of time over which the
hazardous secondary material is to be exported;
(D) The estimated total quantity of hazardous secondary material;
(E) All points of entry to and departure from each foreign country
through which the hazardous secondary material will pass;
(F) A description of the means by which each shipment of the
hazardous secondary material will be transported (e.g., mode of
transportation vehicle (air, highway, rail, water, etc.), type(s) of
container (drums, boxes, tanks, etc.));
(G) A description of the manner in which the hazardous secondary
material will be reclaimed in the receiving country;
(H) The name and address of the reclaimer, any intermediate facility
and any alternate reclaimer and intermediate facilities; and
(I) The name of any transit countries through which the hazardous
secondary material will be sent and a description of the approximate
length of time it will remain in such countries and the nature of its
handling while there (for purposes of this section, the terms
``Acknowledgement of Consent'', ``receiving country'' and ``transit
country'' are used as defined in 40 CFR 262.51 with the exception that
the terms in this section refer to hazardous secondary materials, rather
than hazardous waste):
(ii) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division,
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Hand-delivered notifications should be
delivered to: Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division,
Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St.
and Pennsylvania Ave., NW., Washington, DC 20004. In both cases, the
following shall be prominently displayed on the front of the envelope:
``Attention: Notification of Intent to Export.''
(iii) Except for changes to the telephone number in paragraph
(a)(25)(i)(A) of this section and decreases in the quantity of hazardous
secondary material indicated pursuant to paragraph (a)(25)(i)(D) of this
section, when the conditions specified on the original notification
change (including any exceedance of the estimate of the quantity of
hazardous secondary material specified in the original notification),
the hazardous secondary material generator must provide EPA with a
written renotification of the change. The shipment cannot take place
until consent of the receiving country to the changes (except for
changes to paragraph (a)(25)(i)(I) of this section and in the ports of
entry to and departure from transit countries pursuant to paragraphs
(a)(25)(i)(E) of this section) has been obtained and the hazardous
secondary material generator receives
[[Page 52]]
from EPA an Acknowledgment of Consent reflecting the receiving country's
consent to the changes.
(iv) Upon request by EPA, the hazardous secondary material generator
shall furnish to EPA any additional information which a receiving
country requests in order to respond to a notification.
(v) EPA will provide a complete notification to the receiving
country and any transit countries. A notification is complete when EPA
receives a notification which EPA determines satisfies the requirements
of paragraph (a)(25)(i) of this section. Where a claim of
confidentiality is asserted with respect to any notification information
required by paragraph (a)(25)(i) of this section, EPA may find the
notification not complete until any such claim is resolved in accordance
with 40 CFR 260.2.
(vi) The export of hazardous secondary material under this paragraph
(a)(25) is prohibited unless the receiving country consents to the
intended export. When the receiving country consents in writing to the
receipt of the hazardous secondary material, EPA will send an
Acknowledgment of Consent to the hazardous secondary material generator.
Where the receiving country objects to receipt of the hazardous
secondary material or withdraws a prior consent, EPA will notify the
hazardous secondary material generator in writing. EPA will also notify
the hazardous secondary material generator of any responses from transit
countries.
(vii) For exports to OECD Member countries, the receiving country
may respond to the notification using tacit consent. If no objection has
been lodged by any receiving country or transit countries to a
notification provided pursuant to paragraph (a)(25)(i) of this section
within thirty (30) days after the date of issuance of the
acknowledgement of receipt of notification by the competent authority of
the receiving country, the transboundary movement may commence. In such
cases, EPA will send an Acknowledgment of Consent to inform the
hazardous secondary material generator that the receiving country and
any relevant transit countries have not objected to the shipment, and
are thus presumed to have consented tacitly. Tacit consent expires one
(1) calendar year after the close of the thirty (30) day period;
renotification and renewal of all consents is required for exports after
that date.
(viii) A copy of the Acknowledgment of Consent must accompany the
shipment. The shipment must conform to the terms of the Acknowledgment
of Consent.
(ix) If a shipment cannot be delivered for any reason to the
reclaimer, intermediate facility or the alternate reclaimer or alternate
intermediate facility, the hazardous secondary material generator must
re-notify EPA of a change in the conditions of the original notification
to allow shipment to a new reclaimer in accordance with paragraph (iii)
of this section and obtain another Acknowledgment of Consent.
(x) Hazardous secondary material generators must keep a copy of each
notification of intent to export and each Acknowledgment of Consent for
a period of three years following receipt of the Acknowledgment of
Consent.
(xi) Hazardous secondary material generators must file with the
Administrator no later than March 1 of each year, a report summarizing
the types, quantities, frequency and ultimate destination of all
hazardous secondary materials exported during the previous calendar
year. Annual reports submitted by mail should be sent to the following
address: Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division (Mail
Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. Hand-delivered reports should be delivered
to: Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division, Environmental
Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and
Pennsylvania Ave., NW., Washington, DC 20004. Such reports must include
the following information:
(A) Name, mailing and site address, and EPA ID number (if
applicable) of the hazardous secondary material generator;
[[Page 53]]
(B) The calendar year covered by the report;
(C) The name and site address of each reclaimer and intermediate
facility;
(D) By reclaimer and intermediate facility, for each hazardous
secondary material exported, a description of the hazardous secondary
material and the EPA hazardous waste number that would apply if the
hazardous secondary material was managed as hazardous waste, DOT hazard
class, the name and U.S. EPA ID number (where applicable) for each
transporter used, the total amount of hazardous secondary material
shipped and the number of shipments pursuant to each notification;
(E) A certification signed by the hazardous secondary material
generator which states: ``I certify under penalty of law that I have
personally examined and am familiar with the information submitted in
this 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.''
(xii) All persons claiming an exclusion under this paragraph (a)(25)
must provide notification as required by Sec. 260.42 of this chapter.
(26) Solvent-contaminated wipes that are sent for cleaning and reuse
are not solid wastes from the point of generation, provided that
(i) The solvent-contaminated wipes, when accumulated, stored, and
transported, are contained in non-leaking, closed containers that are
labeled ``Excluded Solvent-Contaminated Wipes.'' The containers must be
able to contain free liquids, should free liquids occur. During
accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when it is necessary
to add or remove solvent-contaminated wipes. When the container is full,
or when the solvent-contaminated wipes are no longer being accumulated,
or when the container is being transported, the container must be sealed
with all lids properly and securely affixed to the container and all
openings tightly bound or closed sufficiently to prevent leaks and
emissions;
(ii) The solvent-contaminated wipes may be accumulated by the
generator for up to 180 days from the start date of accumulation for
each container prior to being sent for cleaning;
(iii) At the point of being sent for cleaning on-site or at the
point of being transported off-site for cleaning, the solvent-
contaminated wipes must contain no free liquids as defined in
Sec. 260.10 of this chapter.
(iv) Free liquids removed from the solvent-contaminated wipes or
from the container holding the wipes must be managed according to the
applicable regulations found in 40 CFR parts 260 through 273;
(v) Generators must maintain at their site the following
documentation:
(A) Name and address of the laundry or dry cleaner that is receiving
the solvent-contaminated wipes;
(B) Documentation that the 180-day accumulation time limit in 40 CFR
261.4(a)(26)(ii) is being met;
(C) Description of the process the generator is using to ensure the
solvent-contaminated wipes contain no free liquids at the point of being
laundered or dry cleaned on-site or at the point of being transported
off-site for laundering or dry cleaning;
(vi) The solvent-contaminated wipes are sent to a laundry or dry
cleaner whose discharge, if any, is regulated under sections 301 and 402
or section 307 of the Clean Water Act.
(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
[[Page 54]]
deemed to be treating, storing, disposing of, or otherwise managing
hazardous wastes for the purposes of regulation under this subtitle, if
such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not
contain hazardous waste; and
(ii) Such facility does not accept hazardous wastes and the owner or
operator of such facility has established contractual requirements or
other appropriate notification or inspection procedures to assure that
hazardous wastes are not received at or burned in such facility.
(2) Solid wastes generated by any of the following and which are
returned to the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste, generated primarily from the combustion of coal
or other fossil fuels, except as provided by Sec. 266.112 of this
chapter for facilities that burn or process hazardous waste.
(5) Drilling fluids, produced waters, and other wastes associated
with the exploration, development, or production of crude oil, natural
gas or geothermal energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic
because chromium is present or are listed in subpart D due to the
presence of chromium, which do not fail the test for the Toxicity
Characteristic for any other constituent or are not listed due to the
presence of any other constituent, and which do not fail the test for
any other characteristic, if it is shown by a waste generator or by
waste generators that:
(A) The chromium in the waste is exclusively (or nearly exclusively)
trivalent chromium; and
(B) The waste is generated from an industrial process which uses
trivalent chromium 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.
[[Page 55]]
(H) Wastewater treatment sludges from the production of
TiO2 pigment using chromium-bearing ores by the chloride
process.
(7) Solid waste from the extraction, beneficiation, and processing
of ores and minerals (including coal, phosphate rock, and overburden
from the mining of uranium ore), except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
(i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and
minerals is restricted to the following activities; crushing; grinding;
washing; dissolution; crystallization; filtration; sorting; sizing;
drying; sintering; pelletizing; briquetting; calcining to remove water
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in
preparation for leaching (except where the roasting (and/or autoclaving
and/or chlorination)/leaching sequence produces a final or intermediate
product that does not undergo further beneficiation or processing);
gravity concentration; magnetic separation; electrostatic separation;
flotation; ion exchange; solvent extraction; electrowinning;
precipitation; amalgamation; and heap, dump, vat, tank, and in situ
leaching.
(ii) For the purposes of Sec. 261.4(b)(7), solid waste from the
processing of ores and minerals includes only the following wastes as
generated:
(A) Slag from primary copper processing;
(B) Slag from primary lead processing;
(C) Red and brown muds from bauxite refining;
(D) Phosphogypsum from phosphoric acid production;
(E) Slag from elemental phosphorus production;
(F) Gasifier ash from coal gasification;
(G) Process wastewater from coal gasification;
(H) Calcium sulfate wastewater treatment plant sludge from primary
copper processing;
(I) Slag tailings from primary copper processing;
(J) Fluorogypsum from hydrofluoric acid production;
(K) Process wastewater from hydrofluoric acid production;
(L) Air pollution control dust/sludge from iron blast furnaces;
(M) Iron blast furnace slag;
(N) Treated residue from roasting/leaching of chrome ore;
(O) Process wastewater from primary magnesium processing by the
anhydrous process;
(P) Process wastewater from phosphoric acid production;
(Q) Basic oxygen furnace and open hearth furnace air pollution
control dust/sludge from carbon steel production;
(R) Basic oxygen furnace and open hearth furnace slag from carbon
steel production;
(S) Chloride process waste solids from titanium tetrachloride
production;
(T) Slag from primary zinc processing.
(iii) A residue derived from co-processing mineral processing
secondary materials with normal beneficiation raw materials or with
normal mineral processing raw materials remains excluded under paragraph
(b) of this section if the owner or operator:
(A) Processes at least 50 percent by weight normal beneficiation raw
materials or normal mineral processing raw materials; and,
(B) Legitimately reclaims the secondary mineral processing
materials.
(8) Cement kiln dust waste, except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
(9) Solid waste which consists of discarded arsenical-treated wood
or wood products which fails the test for the Toxicity Characteristic
for Hazardous Waste Codes D004 through D017 and which is not a hazardous
waste for any other reason if the waste is generated by persons who
utilize the arsenical-treated wood and wood products for these
materials' intended end use.
(10) Petroleum-contaminated media and debris that fail the test for
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018
through D043 only) and are subject to the corrective action regulations
under part 280 of this chapter.
[[Page 56]]
(11) Injected groundwater that is hazardous only because it exhibits
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043
only) in Sec. 261.24 of this part that is reinjected through an
underground injection well pursuant to free phase hydrocarbon recovery
operations undertaken at petroleum refineries, petroleum marketing
terminals, petroleum bulk plants, petroleum pipelines, and petroleum
transportation spill sites until January 25, 1993. This extension
applies to recovery operations in existence, or for which contracts have
been issued, on or before March 25, 1991. For groundwater returned
through infiltration galleries from such operations at petroleum
refineries, marketing terminals, and bulk plants, until [insert date six
months after publication]. New operations involving injection wells
(beginning after March 25, 1991) will qualify for this compliance date
extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a written state agreement
that includes a provision to assess the groundwater and the need for
further remediation once the free phase recovery is completed; and
(ii) A copy of the written agreement has been submitted to: Waste
Identification Branch (5304), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
(12) Used chlorofluorocarbon refrigerants from totally enclosed heat
transfer equipment, including mobile air conditioning systems, mobile
refrigeration, and commercial and industrial air conditioning and
refrigeration systems that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use.
(13) Non-terne plated used oil filters that are not mixed with
wastes listed in subpart D of this part if these oil filters have been
gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter dome
end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove used
oil.
(14) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected from landfills where
certain solid wastes have been disposed, provided that:
(i) The solid wastes disposed would meet one or more of the listing
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174,
K175, K176, K177, K178 and K181 if these wastes had been generated after
the effective date of the listing;
(ii) The solid wastes described in paragraph (b)(15)(i) of this
section were disposed prior to the effective date of the listing;
(iii) The leachate or gas condensate do not exhibit any
characteristic of hazardous waste nor are derived from any other listed
hazardous waste;
(iv) Discharge of the leachate or gas condensate, including leachate
or gas condensate transferred from the landfill to a POTW by truck,
rail, or dedicated pipe, is subject to regulation under sections 307(b)
or 402 of the Clean Water Act.
(v) As of February 13, 2001, leachate or gas condensate derived from
K169-K172 is no longer exempt if it is stored or managed in a surface
impoundment prior to discharge. As of November 21, 2003, leachate or gas
condensate derived from K176, K177, and K178 is no longer exempt if it
is stored or managed in a surface impoundment prior to discharge. After
February 26, 2007, leachate or gas condensate derived from K181 will no
longer be exempt if it is stored or managed in a surface impoundment
prior to discharge. There is one exception: if the surface impoundment
is used to temporarily store leachate or gas condensate in response to
an emergency situation (e.g., shutdown of wastewater treatment system),
provided the impoundment has a double liner, and provided the leachate
or gas condensate is removed from the impoundment and continues to be
managed in compliance with the conditions of this paragraph (b)(15)(v)
after the emergency ends.
(16) [Reserved]
(17) Solid waste that would otherwise meet the definition of low-
level mixed wastes (LLMW) pursuant to Sec. 266.210 of
[[Page 57]]
this chapter that is generated at the Ortho-McNeil Pharmaceutical, Inc.
(OMP Spring House) research and development facility in Spring House,
Pennsylvania and treated on-site using a bench-scale high temperature
catalytic oxidation unit is not a hazardous waste provided that:
(i) The total volume of LLMW generated and treated is no greater
than 50 liters/year, (ii) OMP Spring House submits a written report to
the EPA Region III office once every six months beginning six months
after June 27, 2005, that must contain the following:
(A) Analysis demonstrating the destruction and removal efficiency of
the treatment technology for all organic components of the wastestream,
(B) Analysis demonstrating the capture efficiencies of the treatment
technology for all radioactive components of the wastestream and an
estimate of the amount of radioactivity released during the reporting
period,
(C) Analysis (including concentrations of constituents, including
inorganic constituents, present and radioactivity) of the wastestream
prior to and after treatment,
(D) Volume of the wastestream being treated per batch, as well as a
total for the duration of the reporting period, and
(E) Final disposition of the radioactive residuals from the
treatment of the wastestream.
(iii) OMP Spring House makes no significant changes to the design or
operation of the high temperature catalytic oxidation unit or the
wastestream.
(iv) This exclusion will remain in affect for 5 years from June 27,
2005.
(18) Solvent-contaminated wipes, except for wipes that are hazardous
waste due to the presence of trichloroethylene, that are sent for
disposal are not hazardous wastes from the point of generation provided
that
(i) The solvent-contaminated wipes, when accumulated, stored, and
transported, are contained in non-leaking, closed containers that are
labeled ``Excluded Solvent-Contaminated Wipes.'' The containers must be
able to contain free liquids, should free liquids occur. During
accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when it is necessary
to add or remove solvent-contaminated wipes. When the container is full,
or when the solvent-contaminated wipes are no longer being accumulated,
or when the container is being transported, the container must be sealed
with all lids properly and securely affixed to the container and all
openings tightly bound or closed sufficiently to prevent leaks and
emissions;
(ii) The solvent-contaminated wipes may be accumulated by the
generator for up to 180 days from the start date of accumulation for
each container prior to being sent for disposal;
(iii) At the point of being transported for disposal, the solvent-
contaminated wipes must contain no free liquids as defined in
Sec. 260.10 of this chapter.
(iv) Free liquids removed from the solvent-contaminated wipes or
from the container holding the wipes must be managed according to the
applicable regulations found in 40 CFR parts 260 through 273;
(v) Generators must maintain at their site the following
documentation:
(A) Name and address of the landfill or combustor that is receiving
the solvent-contaminated wipes;
(B) Documentation that the 180 day accumulation time limit in 40 CFR
261.4(b)(18)(ii) is being met;
(C) Description of the process the generator is using to ensure
solvent-contaminated wipes contain no free liquids at the point of being
transported for disposal;
(vi) The solvent-contaminated wipes are sent for disposal
(A) To a municipal solid waste landfill regulated under 40 CFR part
258, including 40 CFR 258.40, or to a hazardous waste landfill regulated
under 40 CFR parts 264 or 265; or
(B) To a municipal waste combustor or other combustion facility
regulated under section 129 of the Clean Air Act or to a hazardous waste
combustor, boiler, or industrial furnace regulated under 40 CFR parts
264, 265, or 266 subpart H.
(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
[[Page 58]]
material pipeline, or in a manufacturing process unit or an associated
non-waste-treatment-manufacturing unit, is not subject to regulation
under parts 262 through 265, 268, 270, 271 and 124 of this chapter or to
the notification requirements of section 3010 of RCRA until it exits the
unit in which it was generated, unless the unit is a surface
impoundment, or unless the hazardous waste remains in the unit more than
90 days after the unit ceases to be operated for manufacturing, or for
storage or transportation of product or raw materials.
(d) Samples. (1) Except as provided in paragraph (d)(2) of this
section, a sample of solid waste or a sample of water, soil, or air,
which is collected for the sole purpose of testing to determine its
characteristics or composition, is not subject to any requirements of
this part or parts 262 through 268 or part 270 or part 124 of this
chapter or to the notification requirements of section 3010 of RCRA,
when:
(i) The sample is being transported to a laboratory for the purpose
of testing; or
(ii) The sample is being transported back to the sample collector
after testing; or
(iii) The sample is being stored by the sample collector before
transport to a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but
before it is returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after
testing for a specific purpose (for example, until conclusion of a court
case or enforcement action where further testing of the sample may be
necessary).
(2) In order to qualify for the exemption in paragraphs (d)(1) (i)
and (ii) of this section, a sample collector shipping samples to a
laboratory and a laboratory returning samples to a sample collector
must:
(i) Comply with U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(ii) Comply with the following requirements if the sample collector
determines that DOT, USPS, or other shipping requirements do not apply
to the shipment of the sample:
(A) Assure that the following information accompanies the sample:
(1) The sample collector's name, mailing address, and telephone
number;
(2) The laboratory's name, mailing address, and telephone number;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample.
(B) Package the sample so that it does not leak, spill, or vaporize
from its packaging.
(3) This exemption does not apply if the laboratory determines that
the waste is hazardous but the laboratory is no longer meeting any of
the conditions stated in paragraph (d)(1) of this section.
(e) Treatability Study Samples. (1) Except as provided in paragraph
(e)(2) of this section, persons who generate or collect samples for the
purpose of conducting treatability studies as defined in section 260.10,
are not subject to any requirement of parts 261 through 263 of this
chapter or to the notification requirements of Section 3010 of RCRA, nor
are such samples included in the quantity determinations of Sec. 261.5
and Sec. 262.34(d) when:
(i) The sample is being collected and prepared for transportation by
the generator or sample collector; or
(ii) The sample is being accumulated or stored by the generator or
sample collector prior to transportation to a laboratory or testing
facility; or
(iii) The sample is being transported to the laboratory or testing
facility for the purpose of conducting a treatability study.
(2) The exemption in paragraph (e)(1) of this section is applicable
to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies provided that:
(i) The generator or sample collector uses (in ``treatability
studies'') no more than 10,000 kg of media contaminated with non-acute
hazardous waste, 1000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste for each process being
[[Page 59]]
evaluated for each generated waste stream; and
(ii) The mass of each sample shipment does not exceed 10,000 kg; the
10,000 kg quantity may be all media contaminated with non-acute
hazardous waste, or may include 2500 kg of media contaminated with acute
hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous
waste; and
(iii) The sample must be packaged so that it will not leak, spill,
or vaporize from its packaging during shipment and the requirements of
paragraph A or B of this subparagraph are met.
(A) The transportation of each sample shipment complies with U.S.
Department of Transportation (DOT), U.S. Postal Service (USPS), or any
other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping requirements do not apply to
the shipment of the sample, the following information must accompany the
sample:
(1) The name, mailing address, and telephone number of the
originator of the sample;
(2) The name, address, and telephone number of the facility that
will perform the treatability study;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample, including its EPA Hazardous Waste
Number.
(iv) The sample is shipped to a laboratory or testing facility which
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or
interim status.
(v) The generator or sample collector maintains the following
records for a period ending 3 years after completion of the treatability
study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the
treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under paragraph
(e)(2)(v)(C) of this section in its biennial report.
(3) The Regional Administrator may grant requests on a case-by-case
basis for up to an additional two years for treatability studies
involving bioremediation. The Regional Administrator may grant requests
on a case-by-case basis for quantity limits in excess of those specified
in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up to
an additional 5000 kg of media contaminated with non-acute hazardous
waste, 500 kg of non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste and 1 kg of acute hazardous
waste:
(i) In response to requests for authorization to ship, store and
conduct 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) (1) and (e)(2) (iii) through (vi) of this section. The
generator or sample collector
[[Page 60]]
must apply to the Regional Administrator in the Region where the sample
is collected and provide in writing the following information:
(A) The reason why the generator or sample collector requires
additional time or quantity of sample for treatability study evaluation
and the additional time or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from
the waste stream which have been sent for or undergone treatability
studies including the date each previous sample from the waste stream
was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability study
processes were conducted on each sample shipped, and the available
results on each treatability study;
(C) A description of the technical modifications or change in
specifications which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or
mechanical failure, the applicant must include information regarding the
reason for the failure or breakdown and also include what procedures or
equipment improvements have been made to protect against further
breakdowns; and
(E) Such other information that the Regional Administrator considers
necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and
Testing Facilities. Samples undergoing treatability studies and the
laboratory or testing facility conducting such treatability studies (to
the extent such facilities are not otherwise subject to RCRA
requirements) are not subject to any requirement of this part, part 124,
parts 262-266, 268, and 270, or to the notification requirements of
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1)
through (11) of this section are met. A mobile treatment unit (MTU) may
qualify as a testing facility subject to paragraphs (f) (1) through (11)
of this section. Where a group of MTUs are located at the same site, the
limitations specified in (f) (1) through (11) of this section apply to
the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting treatability studies, the
facility notifies the Regional Administrator, or State Director (if
located in an authorized State), in writing that it intends to conduct
treatability studies under this paragraph.
(2) The laboratory or testing facility conducting the treatability
study has an EPA identification number.
(3) No more than a total of 10,000 kg of ``as received'' media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other ``as
received'' hazardous waste is subject to initiation of treatment in all
treatability studies in any single day. ``As received'' waste refers to
the waste as received in the shipment from the generator or sample
collector.
(4) The quantity of ``as received'' hazardous waste stored at the
facility for the purpose of evaluation in treatability studies does not
exceed 10,000 kg, the total of which can include 10,000 kg of media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous
wastes other than contaminated media, and 1 kg of acute hazardous waste.
This quantity limitation does not include treatment materials (including
nonhazardous solid waste) added to ``as received'' hazardous waste.
(5) No more than 90 days have elapsed since the treatability study
for the sample was completed, or no more than one year (two years for
treatability studies involving bioremediation) have elapsed since the
generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated
material from a particular waste stream from treatability studies may be
archived for future evaluation up to five years from the date of initial
receipt. Quantities of materials archived are counted against the total
storage limit for the facility.
(6) The treatability study does not involve the placement of
hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion
of each
[[Page 61]]
study that show compliance with the treatment rate limits and the
storage time and quantity limits. The following specific information
must be included for each treatability study conducted:
(i) The name, address, and EPA identification number of the
generator or sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of ``as received'' waste in storage each day;
(v) The date the treatment study was initiated and the amount of
``as received'' waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the
treatability study were returned to the generator or sample collector
or, if sent to a designated facility, the name of the facility and the
EPA identification number.
(8) The facility keeps, on-site, a copy of the treatability study
contract and all shipping papers associated with the transport of
treatability study samples to and from the facility for a period ending
3 years from the completion date of each treatability study.
(9) The facility prepares and submits a report to the Regional
Administrator, or state Director (if located in an authorized state), by
March 15 of each year, that 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 Sec. 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 Sec. 261.4(e) exemption.
(11) The facility notifies the Regional Administrator, or State
Director (if located in an authorized State), by letter when the
facility is no longer planning to conduct any treatability studies at
the site.
(g) Dredged material that is not a hazardous waste. Dredged material
that is subject to the requirements of a permit that has been issued
under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or
section 103 of the Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g),
the following definitions apply:
(1) The term dredged material has the same meaning as defined in 40
CFR 232.2;
(2) The term permit means:
(i) A permit issued by the U.S. Army Corps of Engineers (Corps) or
an approved State under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344);
(ii) A permit issued by the Corps under section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of Corps civil works projects, the administrative
equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii)
of this section, as provided for in Corps regulations (for example, see
33 CFR 336.1, 336.2, and 337.6).
(h) Carbon dioxide stream injected for geologic sequestration.
Carbon dioxide streams that are captured and transported for purposes of
injection into an underground injection well subject to the requirements
for Class VI Underground Injection Control wells, including the
requirements in 40 CFR Parts 144 and 146 of the Underground Injection
Control Program of the Safe Drinking Water Act, are not a hazardous
waste, provided the following conditions are met:
[[Page 62]]
(1) Transportation of the carbon dioxide stream must be in
compliance with U.S. Department of Transportation requirements,
including the pipeline safety laws (49 U.S.C. 60101 et seq.) and
regulations (49 CFR Parts 190-199) of the U.S. Department of
Transportation, and pipeline safety regulations adopted and administered
by a state authority pursuant to a certification under 49 U.S.C. 60105,
as applicable.
(2) Injection of the carbon dioxide stream must be in compliance
with the applicable requirements for Class VI Underground Injection
Control wells, including the applicable requirements in 40 CFR Parts 144
and 146;
(3) No hazardous wastes shall be mixed with, or otherwise co-
injected with, the carbon dioxide stream; and
(4)(i) Any generator of a carbon dioxide stream, who claims that a
carbon dioxide stream is excluded under this paragraph (h), must have an
authorized representative (as defined in 40 CFR 260.10) sign a
certification statement worded as follows:
I certify under penalty of law that the carbon dioxide stream that I
am claiming to be excluded under 40 CFR 261.4(h) has not been mixed with
hazardous wastes, and I have transported the carbon dioxide stream in
compliance with (or have contracted with a pipeline operator or
transporter to transport the carbon dioxide stream in compliance with)
Department of Transportation requirements, including the pipeline safety
laws (49 U.S.C. 60101 et seq.) and regulations (49 CFR Parts 190-199) of
the U.S. Department of Transportation, and the pipeline safety
regulations adopted and administered by a state authority pursuant to a
certification under 49 U.S.C. 60105, as applicable, for injection into a
well subject to the requirements for the Class VI Underground Injection
Control Program of the Safe Drinking Water Act.
(ii) Any Class VI Underground Injection Control well owner or
operator, who claims that a carbon dioxide stream is excluded under
paragraph (h) of this section, must have an authorized representative
(as defined in 40 CFR 260.10) sign a certification statement worded as
follows:
I certify under penalty of law that the carbon dioxide stream that I
am claiming to be excluded under 40 CFR 261.4(h) has not been mixed
with, or otherwise co-injected with, hazardous waste at the Underground
Injection Control (UIC) Class VI permitted facility, and that injection
of the carbon dioxide stream is in compliance with the applicable
requirements for UIC Class VI wells, including the applicable
requirements in 40 CFR Parts 144 and 146.
(iii) The signed certification statement must be kept on-site for no
less than three years, and must be made available within 72 hours of a
written request from the Administrator, Regional Administrator, or state
Director (if located in an authorized state), or their designee. The
signed certification statement must be renewed every year that the
exclusion is claimed, by having an authorized representative (as defined
in 40 CFR 260.10) annually prepare and sign a new copy of the
certification statement within one year of the date of the previous
statement. The signed certification statement must also be readily
accessible on the facility's publicly-available Web site (if such Web
site exists) as a public notification with the title of ``Carbon Dioxide
Stream Certification'' at the time the exclusion is claimed.
[45 FR 33119, May 19, 1980]
Editorial Note: For Federal Register citations affecting Sec. 261.4,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator
in a calendar month if he generates no more than 100 kilograms of
hazardous waste in that month.
(b) Except for those wastes identified in paragraphs (e), (f), (g),
and (j) of this section, a conditionally exempt small quantity
generator's hazardous wastes are not subject to regulation under parts
262 through 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA, provided the
generator complies with the requirements of paragraphs (f), (g), and (j)
of this section.
(c) When making the quantity determinations of this part and 40 CFR
part 262, the generator must include all hazardous waste that it
generates, except hazardous waste that:
[[Page 63]]
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8; or
(2) Is managed immediately upon generation only in on-site
elementary neutralization units, wastewater treatment units, or totally
enclosed treatment facilities as defined in 40 CFR 260.10; or
(3) Is recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4)
and 40 CFR part 279; or
(5) Is spent lead-acid batteries managed under the requirements of
40 CFR part 266, subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part
273;
(7) Is a hazardous waste that is an unused commercial chemical
product (listed in 40 CFR part 261, subpart D or exhibiting one or more
characteristics in 40 CFR part 261, subpart C) that is generated solely
as a result of a laboratory clean-out conducted at an eligible academic
entity pursuant to Sec. 262.213. For purposes of this provision, the
term eligible academic entity shall have the meaning as defined in
Sec. 262.200 of Part 262.
(d) In determining the quantity of hazardous waste generated, a
generator need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including
reclamation) of his hazardous waste, so long as the hazardous waste that
is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently
reused on-site, so long as such spent materials have been counted once.
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth below, all quantities of that
acute hazardous waste are subject to full regulation under parts 262
through 268, and parts 270 and 124 of this chapter, and the notification
requirements of section 3010 of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in
Secs. 261.31 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
Secs. 261.31, or 261.33(e).
Note to paragraph (e):
``Full regulation'' means those regulations applicable to generators
of 1,000 kg or greater of 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 paragraphs (e)(1) or (e)(2) of this section to be excluded from
full regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site. If
he accumulates at any time acute hazardous wastes in quantities greater
than those set forth in paragraph (e)(1) or (e)(2) of this section, all
of those accumulated wastes are subject to regulation under parts 262
through 268, and parts 270 and 124 of this chapter, and the applicable
notification requirements of section 3010 of RCRA. The time period of
Sec. 262.34(a) of this chapter, for accumulation of wastes on-site,
begins when the accumulated wastes exceed the applicable exclusion
limit;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his acute hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous
[[Page 64]]
waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(g) In order for hazardous waste generated by a conditionally exempt
small quantity generator in quantities of 100 kilograms or less of
hazardous waste during a calendar month to be excluded from full
regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The conditionally exempt small quantity generator may accumulate
hazardous waste on-site. If he accumulates at any time 1,000 kilograms
or greater of his hazardous wastes, all of those accumulated wastes are
subject to regulation under the special provisions of part 262
applicable to generators of greater than 100 kg and less than 1000 kg of
hazardous waste in a calendar month as well as the requirements of parts
263 through 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(d) for accumulation of wastes on-site begins for a
conditionally exempt small quantity generator when the accumulated
wastes equal or exceed 1000 kilograms;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(h) Hazardous waste subject to the reduced requirements of this
section may be mixed with non-hazardous waste and remain subject to
these reduced requirements even though the resultant mixture exceeds the
quantity limitations identified in this section, unless the mixture
meets any of the characteristics of hazardous waste identified in
subpart C.
(i) If any person mixes a solid waste with a hazardous waste that
exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to part 279 of this chapter.
Any material produced from such a mixture by processing, blending, or
other treatment is also so regulated.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3,
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968,
May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 2003; 73
FR 72954, Dec. 1, 2008; 75 FR 13001, Mar. 18, 2010]
Sec. 261.6 Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the
requirements for generators, transporters, and storage
[[Page 65]]
facilities of paragraphs (b) and (c) of this section, except for the
materials listed in paragraphs (a)(2) and (a)(3) of this section.
Hazardous wastes that are recycled will be known as ``recyclable
materials.''
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
N of part 266 of this chapter and all applicable provisions in parts
268, 270, and 124 of this chapter.
(i) Recyclable materials used in a manner constituting disposal (40
CFR part 266, subpart C);
(ii) Hazardous wastes burned (as defined in section 266.100(a)) in
boilers and industrial furnaces that are not regulated under subpart O
of part 264 or 265 of this chapter (40 CFR part 266, subpart H);
(iii) Recyclable materials from which precious metals are reclaimed
(40 CFR part 266, subpart F);
(iv) Spent lead-acid batteries that are being reclaimed (40 CFR part
266, subpart G).
(3) The following recyclable materials are not subject to regulation
under parts 262 through parts 268, 270 or 124 of this chapter, and are
not subject to the notification requirements of section 3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that, unless
provided otherwise in an international agreement as specified in
Sec. 262.58:
(A) A person initiating a shipment for reclamation in a foreign
country, and any intermediary arranging for the shipment, must comply
with the requirements applicable to a primary exporter in Secs. 262.53,
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only
upon consent of the receiving country and in conformance with the EPA
Acknowledgment of Consent as defined in subpart E of part 262, and
provide a copy of the EPA Acknowledgment of Consent to the shipment to
the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for export may not accept a
shipment if he knows the shipment does not conform to the EPA
Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure that
it is delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
(iii) Fuels produced from the refining of oil-bearing hazardous
waste along with normal process streams at a petroleum refining facility
if such wastes result from normal petroleum refining, production, and
transportation practices (this exemption does not apply to fuels
produced from oil recovered from oil-bearing hazardous waste, where such
recovered oil is already excluded under Sec. 261.4(a)(12);
(iv)(A) Hazardous waste fuel produced from oil-bearing hazardous
wastes from petroleum refining, production, or transportation practices,
or produced from oil reclaimed from such hazardous wastes, where such
hazardous wastes are reintroduced into a process that does not use
distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under Sec. 279.11 of
this chapter and so long as no other hazardous wastes are used to
produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from oil-bearing hazardous waste
from petroleum refining production, and transportation practices, where
such hazardous wastes are reintroduced into a refining process after a
point at which contaminants are removed, so long as the fuel meets the
used oil fuel specification under Sec. 279.11 of this chapter; and
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum
refining, production, and transportation practices, which reclaimed oil
is burned as a fuel without reintroduction to a refining process, so
long as the reclaimed oil meets the used oil fuel specification under
Sec. 279.11 of this chapter.
(4) Used oil that is recycled and is also a hazardous waste solely
because it exhibits a hazardous characteristic is not subject to the
requirements of parts 260 through 268 of this chapter, but is regulated
under part 279 of this chapter. Used oil that is recycled includes any
used oil which is reused, following its original use, for any purpose
[[Page 66]]
(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 Sec. 262.58(a)(1)) for purpose of
recovery is subject to the requirements of 40 CFR part 262, subpart H,
if it is subject to either the Federal manifesting requirements of 40
CFR Part 262, to the universal waste management standards of 40 CFR Part
273, or to State requirements analogous to 40 CFR Part 273.
(b) Generators and transporters of recyclable materials are subject
to the applicable requirements of parts 262 and 263 of this chapter and
the notification requirements under section 3010 of RCRA, except as
provided in paragraph (a) of this section.
(c) (1) Owners and operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265,
and under parts 124, 266, 267, 268, and 270 of this chapter and the
notification requirements under section 3010 of RCRA, except as provided
in paragraph (a) of this section. (The recycling process itself is
exempt from regulation except as provided in Sec. 261.6(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 paragraph (a) of this
section:
(i) Notification requirements under section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the
manifest and manifest discrepancies) of this chapter.
(iii) Section 261.6(d) of this chapter.
(d) Owners or operators of facilities subject to RCRA permitting
requirements with hazardous waste management units that recycle
hazardous wastes are subject to the requirements of subparts AA and BB
of part 264, 265 or 267 of this chapter.
[50 FR 49203, Nov. 29, 1985]
Editorial Note: For Federal Register citations affecting Sec. 261.6,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 261.7 Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either: an empty container;
or an inner liner removed from an empty container, as defined in
paragraph (b) of this section, is not subject to regulation under parts
261 through 268, 270, or 124 this chapter or to the notification
requirements of section 3010 of RCRA.
(2) Any hazardous waste in either a container that is not empty or
an inner liner removed from a container that is not empty, as defined in
paragraph (b) of this section, is subject to regulation under parts 261
through 268, 270 and 124 of this chapter and to the notification
requirements of section 3010 of RCRA.
(b)(1) A container or an inner liner removed from a container that
has held any hazardous waste, except a waste that is a compressed gas or
that is identified as an acute hazardous waste listed in Secs. 261.31 or
261.33(e) of this chapter is empty if:
(i) All wastes have been removed that can be removed using the
practices commonly employed to remove materials from that type of
container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner, or
(iii)(A) No more than 3 percent by weight of the total capacity of
the container remains in the container or inner liner if the container
is less than or equal to 119 gallons in size; or
(B) No more than 0.3 percent by weight of the total capacity of the
container remains in the container or inner liner if the container is
greater than 119 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 Secs. 261.31 or 261.33(e) is
empty if:
[[Page 67]]
(i) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or
manufacturing chemical intermediate;
(ii) The container or inner liner has been cleaned by another method
that has been shown in the scientific literature, or by tests conducted
by the generator, to achieve equivalent removal; or
(iii) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing chemical
intermediate with the container, has been removed.
[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982;
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov.
7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005; 75 FR
13002, Mar. 18, 2010]
Sec. 261.8 PCB wastes regulated under Toxic Substance Control Act.
The disposal of PCB-containing dielectric fluid and electric
equipment containing such fluid authorized for use and regulated under
part 761 of this chapter and that are hazardous only because they fail
the test for the Toxicity Characteristic (Hazardous Waste Codes D018
through D043 only) are exempt from regulation under parts 261 through
265, and parts 268, 270, and 124 of this chapter, and the notification
requirements of section 3010 of RCRA.
[55 FR 11862, Mar. 29, 1990]
Sec. 261.9 Requirements for Universal Waste.
The wastes listed in this section are exempt from regulation under
parts 262 through 270 of this chapter except as specified in part 273 of
this chapter and, therefore are not fully regulated as hazardous waste.
The wastes listed in this section are subject to regulation under 40 CFR
part 273:
(a) Batteries as described in 40 CFR 273.2;
(b) Pesticides as described in Sec. 273.3 of this chapter;
(c) Mercury-containing equipment as described in Sec. 273.4 of this
chapter; and
(d) Lamps as described in Sec. 273.5 of this chapter.
[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999; 70
FR 45520, Aug. 5, 2005]
Subpart B_Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
Sec. 261.10 Criteria for identifying the characteristics of hazardous
waste.
(a) The Administrator shall identify and define a characteristic of
hazardous waste in subpart C only upon determining that:
(1) A solid waste that exhibits the characteristic may:
(i) Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness; or
(ii) Pose a substantial present or potential hazard to human health
or the environment when it is improperly treated, stored, transported,
disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized test method which is
reasonably within the capability of generators of solid waste or private
sector laboratories that are available to serve generators of solid
waste; or
(ii) Reasonably detected by generators of solid waste through their
knowledge of their waste.
(b) [Reserved]
Sec. 261.11 Criteria for listing hazardous waste.
(a) The Administrator shall list a solid waste as a hazardous waste
only upon determining that the solid waste meets one of the following
criteria:
(1) It exhibits any of the characteristics of hazardous waste
identified in subpart C.
(2) It has been found to be fatal to humans in low doses or, in the
absence of data on human toxicity, it has been shown in studies to have
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly
contributing to an increase in serious irreversible, or incapacitating
reversible, illness. (Waste listed in accordance with these criteria
will be designated Acute Hazardous Waste.)
[[Page 68]]
(3) It contains any of the toxic constituents listed in appendix
VIII and, after considering the following factors, the Administrator
concludes that the waste is capable of posing a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation
product of the constituent to migrate from the waste into the
environment under the types of improper management considered in
paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or any toxic degradation
product of the constituent.
(v) The potential for the constituent or any toxic degradation
product of the constituent to degrade into non-harmful constituents and
the rate of degradation.
(vi) The degree to which the constituent or any degradation product
of the constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste
could be subjected.
(viii) The quantities of the waste generated at individual
generation sites or on a regional or national basis.
(ix) The nature and severity of the human health and environmental
damage that has occurred as a result of the improper management of
wastes containing the constituent.
(x) Action taken by other governmental agencies or regulatory
programs based on the health or environmental hazard posed by the waste
or waste constituent.
(xi) Such other factors as may be appropriate.
Substances will be listed on appendix VIII only if they have been shown
in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms.
(Wastes listed in accordance with these criteria will be designated
Toxic wastes.)
(b) The Administrator may list classes or types of solid waste as
hazardous waste if he has reason to believe that individual wastes,
within the class or type of waste, typically or frequently are hazardous
under the definition of hazardous waste found in section 1004(5) of the
Act.
(c) The Administrator will use the criteria for listing specified in
this section to establish the exclusion limits referred to in
Sec. 261.5(c).
[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57
FR 14, Jan. 2, 1992]
Subpart C_Characteristics of Hazardous Waste
Sec. 261.20 General.
(a) A solid waste, as defined in Sec. 261.2, which is not excluded
from regulation as a hazardous waste under Sec. 261.4(b), is a hazardous
waste if it exhibits any of the characteristics identified in this
subpart.
[Comment: Sec. 262.11 of this chapter sets forth the generator's
responsibility to determine whether his waste exhibits one or more of
the characteristics identified in this subpart]
(b) A hazardous waste which is identified by a characteristic in
this subpart is assigned every EPA Hazardous Waste Number that is
applicable as set forth in this subpart. This number must be used in
complying with the notification requirements of section 3010 of the Act
and all applicable recordkeeping and reporting requirements under parts
262 through 265, 268, and 270 of this chapter.
(c) For purposes of this subpart, the Administrator will consider a
sample obtained using any of the applicable sampling methods specified
in appendix I to be a representative sample within the meaning of part
260 of this chapter.
[Comment: Since the appendix I sampling methods are not being formally
adopted by the Administrator, a person who desires to employ an
alternative sampling method is not required to demonstrate the
equivalency of his method under the procedures set forth in Secs. 260.20
and 260.21.]
[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55
FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]
[[Page 69]]
Sec. 261.21 Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a
representative sample of the waste has any of the following properties:
(1) It is a liquid, other than an aqueous solution containing less
than 24 percent alcohol by volume and has flash point less than 60
deg.C (140 deg.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 Sec. 260.11), or a Setaflash Closed Cup
Tester, using the test method specified in ASTM Standard D 3278-78
(incorporated by reference, see Sec. 260.11).
(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.
(i) The term ``compressed gas'' shall designate any material or
mixture having in the container an absolute pressure exceeding 40 p.s.i.
at 70 deg.F or, regardless of the pressure at 70 deg.F, having an
absolute pressure exceeding 104 p.s.i. at 130 deg.F; or any liquid
flammable material having a vapor pressure exceeding 40 p.s.i. absolute
at 100 deg.F as determined by ASTM Test D-323.
(ii) A compressed gas shall be characterized as ignitable if any one
of the following occurs:
(A) Either a mixture of 13 percent or less (by volume) with air
forms a flammable mixture or the flammable range with air is wider than
12 percent regardless of the lower limit. These limits shall be
determined at atmospheric temperature and pressure. The method of
sampling and test procedure shall be acceptable to the Bureau of
Explosives and approved by the director, Pipeline and Hazardous
Materials Technology, U.S. Department of Transportation (see Note 2).
(B) Using the Bureau of Explosives' Flame Projection Apparatus (see
Note 1), the flame projects more than 18 inches beyond the ignition
source with valve opened fully, or, the flame flashes back and burns at
the valve with any degree of valve opening.
(C) Using the Bureau of Explosives' Open Drum Apparatus (see Note
1), there is any significant propagation of flame away from the ignition
source.
(D) Using the Bureau of Explosives' Closed Drum Apparatus (see Note
1), there is any explosion of the vapor-air mixture in the drum.
(4) It is an oxidizer. An oxidizer for the purpose of this
subchapter is a substance such as a chlorate, permanganate, inorganic
peroxide, or a nitrate, that yields oxygen readily to stimulate the
combustion of organic matter (see Note 4).
(i) An organic compound containing the bivalent -O-O- structure and
which may be considered a derivative of hydrogen peroxide where one or
more of the hydrogen atoms have been replaced by organic radicals must
be classed as an organic peroxide unless:
(A) The material meets the definition of a Class A explosive or a
Class B explosive, as defined in Sec. 261.23(a)(8), in which case it
must be classed as an explosive,
(B) The material is forbidden to be offered for transportation
according to 49 CFR 172.101 and 49 CFR 173.21,
(C) It is determined that the predominant hazard of the material
containing an organic peroxide is other than that of an organic
peroxide, or
(D) According to data on file with the Pipeline and Hazardous
Materials Safety Administration in the U.S. Department of Transportation
(see Note 3), it has been determined that the material does not present
a hazard in transportation.
(b) A solid waste that exhibits the characteristic of ignitability
has the EPA Hazardous Waste Number of D001.
Note 1: A description of the Bureau of Explosives' Flame Projection
Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of
tests may be procured from the Bureau of Explosives.
Note 2: As part of a U.S. Department of Transportation (DOT)
reorganization, the Office of Hazardous Materials Technology (OHMT),
which was the office listed in the 1980 publication of 49 CFR 173.300
for the purposes of approving sampling and test procedures for a
flammable gas, ceased operations on February 20, 2005. OHMT programs
have moved to the Pipeline and Hazardous Materials Safety Administration
(PHMSA) in the DOT.
[[Page 70]]
Note 3: As part of a U.S. Department of Transportation (DOT)
reorganization, the Research and Special Programs Administration (RSPA),
which was the office listed in the 1980 publication of 49 CFR 173.151a
for the purposes of determining that a material does not present a
hazard in transport, ceased operations on February 20, 2005. RSPA
programs have moved to the Pipeline and Hazardous Materials Safety
Administration (PHMSA) in the DOT.
Note 4: The DOT regulatory definition of an oxidizer was contained
in Sec. 173.151 of 49 CFR, and the definition of an organic peroxide was
contained in paragraph 173.151a. An organic peroxide is a type of
oxidizer.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990; 70 FR 34561, June 14, 2005; 71 FR 40259, July
14, 2006]
Sec. 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 9040C in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 mm (0.250 inch) per year at a test temperature of 55 deg.C
(130 deg.F) as determined by Method 1110A in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, and as incorporated by reference in Sec. 260.11 of this chapter.
(b) A solid waste that exhibits the characteristic of corrosivity
has the EPA Hazardous Waste Number of D002.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993; 70 FR 34561, June
14, 2005]
Sec. 261.23 Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a
representative sample of the waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change
without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes
in a quantity sufficient to present a danger to human health or the
environment.
(5) It is a cyanide or sulfide bearing waste which, when exposed to
pH conditions between 2 and 12.5, can generate toxic gases, vapors or
fumes in a quantity sufficient to present a danger to human health or
the environment.
(6) It is capable of detonation or explosive reaction if it is
subjected to a strong initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition
or reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.54, or is a
Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and
173.53.
(b) A solid waste that exhibits the characteristic of reactivity has
the EPA Hazardous Waste Number of D003.
[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990; 75
FR 13002, Mar. 18, 2010]
Sec. 261.24 Toxicity characteristic.
(a) A solid waste (except manufactured gas plant waste) exhibits the
characteristic of toxicity if, using the Toxicity Characteristic
Leaching Procedure, test Method 1311 in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter, the extract
from a representative sample of the waste contains any of the
contaminants listed in table 1 at the concentration equal to or greater
than the respective value given in that table. Where the waste contains
less than 0.5 percent filterable solids, the waste itself, after
filtering using the methodology outlined in Method 1311, is considered
to be the extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity has
the EPA Hazardous Waste Number specified in Table 1 which corresponds to
the toxic contaminant causing it to be hazardous.
[[Page 71]]
Table 1--Maximum Concentration of Contaminants for the Toxicity
Characteristic
------------------------------------------------------------------------
Regulatory
EPA HW No. \1\ Contaminant CAS No. \2\ Level (mg/
L)
------------------------------------------------------------------------
D004 Arsenic................... 7440-38-2 5.0
D005 Barium.................... 7440-39-3 100.0
D018 Benzene................... 71-43-2 0.5
D006 Cadmium................... 7440-43-9 1.0
D019 Carbon tetrachloride...... 56-23-5 0.5
D020 Chlordane................. 57-74-9 0.03
D021 Chlorobenzene............. 108-90-7 100.0
D022 Chloroform................ 67-66-3 6.0
D007 Chromium.................. 7440-47-3 5.0
D023 o-Cresol.................. 95-48-7 \4\ 200.0
D024 m-Cresol.................. 108-39-4 \4\ 200.0
D025 p-Cresol.................. 106-44-5 \4\ 200.0
D026 Cresol.................... ........... \4\ 200.0
D016 2,4-D..................... 94-75-7 10.0
D027 1,4-Dichlorobenzene....... 106-46-7 7.5
D028 1,2-Dichloroethane........ 107-06-2 0.5
D029 1,1-Dichloroethylene...... 75-35-4 0.7
D030 2,4-Dinitrotoluene........ 121-14-2 \3\ 0.13
D012 Endrin.................... 72-20-8 0.02
D031 Heptachlor (and its 76-44-8 0.008
epoxide).
D032 Hexachlorobenzene......... 118-74-1 \3\ 0.13
D033 Hexachlorobutadiene....... 87-68-3 0.5
D034 Hexachloroethane.......... 67-72-1 3.0
D008 Lead...................... 7439-92-1 5.0
D013 Lindane................... 58-89-9 0.4
D009 Mercury................... 7439-97-6 0.2
D014 Methoxychlor.............. 72-43-5 10.0
D035 Methyl ethyl ketone....... 78-93-3 200.0
D036 Nitrobenzene.............. 98-95-3 2.0
D037 Pentrachlorophenol........ 87-86-5 100.0
D038 Pyridine.................. 110-86-1 \3\ 5.0
D010 Selenium.................. 7782-49-2 1.0
D011 Silver.................... 7440-22-4 5.0
D039 Tetrachloroethylene....... 127-18-4 0.7
D015 Toxaphene................. 8001-35-2 0.5
D040 Trichloroethylene......... 79-01-6 0.5
D041 2,4,5-Trichlorophenol..... 95-95-4 400.0
D042 2,4,6-Trichlorophenol..... 88-06-2 2.0
D017 2,4,5-TP (Silvex)......... 93-72-1 1.0
D043 Vinyl chloride............ 75-01-4 0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
\3\ Quantitation limit is greater than the calculated regulatory level.
The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
total cresol (D026) concentration is used. The regulatory level of
total cresol is 200 mg/l.
[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67 FR 11254, Mar.
13, 2002; 71 FR 40259, July 14, 2006]
Subpart D_Lists of Hazardous Wastes
Sec. 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 Secs. 260.20
and 260.22.
(b) The Administrator will indicate his basis for listing the
classes or types of wastes listed in this subpart by employing one or
more of the following Hazard Codes:
Ignitable Waste............................... (I)
Corrosive Waste............................... (C)
Reactive Waste................................ (R)
Toxicity Characteristic Waste................. (E)
Acute Hazardous Waste......................... (H)
Toxic Waste................................... (T)
Appendix VII identifies the constituent which caused the Administrator
to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste
(T) in Secs. 261.31 and 261.32.
(c) Each hazardous waste listed in this subpart is assigned an EPA
Hazardous Waste Number which precedes the name of the waste. This number
must be used in complying with the notification requirements of Section
3010 of the Act and certain recordkeeping and reporting requirements
under parts 262 through 265, 267, 268, and 270 of this chapter.
(d) The following hazardous wastes listed in Sec. 261.31 are subject
to the exclusion limits for acutely hazardous wastes established in
Sec. 261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026 and
F027.
[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; 75 FR 13002, Mar. 18, 2010]
Sec. 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 Secs. 260.20 and 260.22
and listed in appendix IX.
[[Page 72]]
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Generic:
F001.................... The following spent (T)
halogenated solvents
used in degreasing:
Tetrachloroethylene,
trichloroethylene,
methylene chloride,
1,1,1-trichloroethane,
carbon tetrachloride,
and chlorinated
fluorocarbons; all
spent solvent mixtures/
blends used in
degreasing containing,
before use, a total of
ten percent or more (by
volume) of one or more
of the above
halogenated solvents or
those solvents listed
in F002, F004, and
F005; and still bottoms
from the recovery of
these spent solvents
and spent solvent
mixtures.
F002.................... The following spent (T)
halogenated solvents:
Tetrachloroethylene,
methylene chloride,
trichloroethylene,
1,1,1-trichloroethane,
chlorobenzene, 1,1,2-
trichloro-1,2,2-
trifluoroethane, ortho-
dichlorobenzene,
trichlorofluoromethane,
and 1,1,2-
trichloroethane; all
spent solvent mixtures/
blends containing,
before use, a total of
ten percent or more (by
volume) of one or more
of the above
halogenated solvents or
those listed in F001,
F004, or F005; and
still bottoms from the
recovery of these spent
solvents and spent
solvent mixtures.
F003.................... The following spent non- (I)*
halogenated solvents:
Xylene, acetone, ethyl
acetate, ethyl benzene,
ethyl ether, methyl
isobutyl ketone, n-
butyl alcohol,
cyclohexanone, and
methanol; all spent
solvent mixtures/blends
containing, before use,
only the above spent
non-halogenated
solvents; and all spent
solvent mixtures/blends
containing, before use,
one or more of the
above non-halogenated
solvents, and, a total
of ten percent or more
(by volume) of one or
more of those solvents
listed in F001, F002,
F004, and F005; and
still bottoms from the
recovery of these spent
solvents and spent
solvent mixtures.
F004.................... The following spent non- (T)
halogenated solvents:
Cresols and cresylic
acid, and nitrobenzene;
all spent solvent
mixtures/blends
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the
above non-halogenated
solvents or those
solvents listed in
F001, F002, and F005;
and still bottoms from
the recovery of these
spent solvents and
spent solvent mixtures.
F005.................... The following spent non- (I,T)
halogenated solvents:
Toluene, methyl ethyl
ketone, carbon
disulfide, isobutanol,
pyridine, benzene, 2-
ethoxyethanol, and 2-
nitropropane; all spent
solvent mixtures/blends
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the
above non-halogenated
solvents or those
solvents listed in
F001, F002, or F004;
and still bottoms from
the recovery of these
spent solvents and
spent solvent mixtures.
F006.................... Wastewater treatment (T)
sludges from
electroplating
operations except from
the following
processes: (1) Sulfuric
acid anodizing of
aluminum; (2) tin
plating on carbon
steel; (3) zinc plating
(segregated basis) on
carbon steel; (4)
aluminum or zinc-
aluminum plating on
carbon steel; (5)
cleaning/stripping
associated with tin,
zinc and aluminum
plating on carbon
steel; and (6) chemical
etching and milling of
aluminum.
F007.................... Spent cyanide plating (R, T)
bath solutions from
electroplating
operations.
F008.................... Plating bath residues (R, T)
from the bottom of
plating baths from
electroplating
operations where
cyanides are used in
the process.
F009.................... Spent stripping and (R, T)
cleaning bath solutions
from electroplating
operations where
cyanides are used in
the process.
F010.................... Quenching bath residues (R, T)
from oil baths from
metal heat treating
operations where
cyanides are used in
the process.
F011.................... Spent cyanide solutions (R, T)
from salt bath pot
cleaning from metal
heat treating
operations.
F012.................... Quenching waste water (T)
treatment sludges from
metal heat treating
operations where
cyanides are used in
the process.
F019...................... Wastewater treatment (T)
sludges from the
chemical conversion
coating of aluminum
except from zirconium
phosphating in aluminum
can washing when such
phosphating is an
exclusive conversion
coating process.
Wastewater treatment
sludges from the
manufacturing of motor
vehicles using a zinc
phosphating process
will not be subject to
this listing at the
point of generation if
the wastes are not
placed outside on the
land prior to shipment
to a landfill for
disposal and are
either: disposed in a
Subtitle D municipal or
industrial landfill
unit that is equipped
with a single clay
liner and is permitted,
licensed or otherwise
authorized by the
state; or disposed in a
landfill unit subject
to, or otherwise
meeting, the landfill
requirements in Sec.
258.40, Sec. 264.301
or Sec. 265.301. For
the purposes of this
listing, motor vehicle
manufacturing is
defined in paragraph
(b)(4)(i) of this
section and (b)(4)(ii)
of this section
describes the
recordkeeping
requirements for motor
vehicle manufacturing
facilities.
F020.................... Wastes (except (H)
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
tri- or
tetrachlorophenol, or
of intermediates used
to produce their
pesticide derivatives.
(This listing does not
include wastes from the
production of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F021.................... Wastes (except (H)
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
pentachlorophenol, or
of intermediates used
to produce its
derivatives.
F022.................... Wastes (except (H)
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.
[[Page 73]]
F023.................... Wastes (except (H)
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.).
F024.................... Process wastes, (T)
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 Sec. 261.31
or Sec. 261.32.).
F025.................... Condensed light ends, (T)
spent filters and
filter aids, and spent
desiccant wastes from
the production of
certain chlorinated
aliphatic hydrocarbons,
by free radical
catalyzed processes.
These chlorinated
aliphatic hydrocarbons
are those having carbon
chain lengths ranging
from one to and
including five, with
varying amounts and
positions of chlorine
substitution.
F026.................... Wastes (except (H)
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.
F027.................... Discarded unused (H)
formulations containing
tri-, tetra-, or
pentachlorophenol or
discarded unused
formulations containing
compounds derived from
these chlorophenols.
(This listing does not
include formulations
containing
Hexachlorophene
sythesized from
prepurified 2,4,5-
trichlorophenol as the
sole component.).
F028.................... Residues resulting from (T)
the incineration or
thermal treatment of
soil contaminated with
EPA Hazardous Waste
Nos. F020, F021, F022,
F023, F026, and F027.
F032.................... Wastewaters (except (T)
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 currently
use or have previously
used chlorophenolic
formulations (except
potentially cross-
contaminated wastes
that have had the F032
waste code deleted in
accordance with Sec.
261.35 of this chapter
or potentially cross-
contaminated wastes
that are otherwise
currently regulated as
hazardous wastes (i.e.,
F034 or F035), and
where the generator
does not resume or
initiate use of
chlorophenolic
formulations). This
listing does not
include K001 bottom
sediment sludge from
the treatment of
wastewater from wood
preserving processes
that use creosote and/
or pentachlorophenol.
F034.................... Wastewaters (except (T)
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
creosote formulations.
This listing does not
include K001 bottom
sediment sludge from
the treatment of
wastewater from wood
preserving processes
that use creosote and/
or pentachlorophenol.
F035.................... Wastewaters (except (T)
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 K001
bottom sediment sludge
from the treatment of
wastewater from wood
preserving processes
that use creosote and/
or pentachlorophenol.
F037.................... Petroleum refinery (T)
primary oil/water/
solids separation
sludge--Any sludge
generated from the
gravitational
separation of oil/water/
solids during the
storage or treatment of
process wastewaters and
oily cooling
wastewaters from
petroleum refineries.
Such sludges include,
but are not limited to,
those generated in oil/
water/solids
separators; tanks and
impoundments; ditches
and other conveyances;
sumps; and stormwater
units receiving dry
weather flow. Sludge
generated in stormwater
units that do not
receive dry weather
flow, sludges generated
from non-contact once-
through cooling waters
segregated for
treatment from other
process or oily cooling
waters, sludges
generated in aggressive
biological treatment
units as defined in
Sec. 261.31(b)(2)
(including sludges
generated in one or
more additional units
after wastewaters have
been treated in
aggressive biological
treatment units) and
K051 wastes are not
included in this
listing. This listing
does include residuals
generated from
processing or recycling
oil-bearing hazardous
secondary materials
excluded under Sec.
261.4(a)(12)(i), if
those residuals are to
be disposed of.
[[Page 74]]
F038.................... Petroleum refinery (T)
secondary (emulsified)
oil/water/solids
separation sludge--Any
sludge and/or float
generated from the
physical and/or
chemical separation of
oil/water/solids in
process wastewaters and
oily cooling
wastewaters from
petroleum refineries.
Such wastes include,
but are not limited to,
all sludges and floats
generated in: induced
air flotation (IAF)
units, tanks and
impoundments, and all
sludges generated in
DAF units. Sludges
generated in stormwater
units that do not
receive dry weather
flow, sludges generated
from non-contact once-
through cooling waters
segregated for
treatment from other
process or oily cooling
waters, sludges and
floats generated in
aggressive biological
treatment units as
defined in Sec.
261.31(b)(2) (including
sludges and floats
generated in one or
more additional units
after wastewaters have
been treated in
aggressive biological
treatment units) and
F037, K048, and K051
wastes are not included
in this listing.
F039.................... Leachate (liquids that (T)
have percolated through
land disposed wastes)
resulting from the
disposal of more than
one restricted waste
classified as hazardous
under subpart D of this
part. (Leachate
resulting from the
disposal of one or more
of the following EPA
Hazardous Wastes and no
other Hazardous Wastes
retains its EPA
Hazardous Waste
Number(s): F020, F021,
F022, F026, F027, and/
or F028.).
------------------------------------------------------------------------
*(I,T) should be used to specify mixtures that are ignitable and contain
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 (A) the units employ a minimum of 6 hp per million gallons
of treatment volume; and either (B) the hydraulic retention time of the
unit is no longer than 5 days; or (C) the hydraulic retention time is no
longer than 30 days and the unit does not generate a sludge that is a
hazardous waste by the Toxicity Characteristic.
(ii) Generators and treatment, storage and disposal facilities have
the burden of proving that their sludges are exempt from listing as F037
and F038 wastes under this definition. Generators and treatment, storage
and disposal facilities must maintain, in their operating or other
onsite records, documents and data sufficient to prove that: (A) the
unit is an aggressive biological treatment unit as defined in this
subsection; and (B) the sludges sought to be exempted from the
definitions of F037 and/or F038 were actually generated in the
aggressive biological treatment unit.
(3) (i) For the purposes of the F037 listing, sludges are considered
to be generated at the moment of deposition in the unit, where
deposition is defined as at least a temporary cessation of lateral
particle movement.
(ii) For the purposes of the F038 listing, (A) sludges are
considered to be generated at the moment of deposition in the unit,
where deposition is defined as at least a temporary cessation of lateral
particle movement and (B) floats are considered to be generated at the
moment they are formed in the top of the unit.
(4) For the purposes of the F019 listing, the following apply to
wastewater treatment sludges from the manufacturing of motor vehicles
using a zinc phosphating process.
(i) Motor vehicle manufacturing is defined to include the
manufacture of automobiles and light trucks/utility vehicles (including
light duty vans, pick-up trucks, minivans, and sport utility vehicles).
Facilities must be engaged in manufacturing complete vehicles (body and
chassis or unibody) or chassis only.
(ii) Generators must maintain in their on-site records documentation
and information sufficient to prove that the wastewater treatment
sludges to be exempted from the F019 listing meet the conditions of the
listing. These records must include: the volume of waste generated and
disposed of
[[Page 75]]
off site; documentation showing when the waste volumes were generated
and sent off site; the name and address of the receiving facility; and
documentation confirming receipt of the waste by the receiving facility.
Generators must maintain these documents on site for no less than three
years. The retention period for the documentation is automatically
extended during the course of any enforcement action or as requested by
the Regional Administrator or the state regulatory authority.
[46 FR 4617, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting
Sec. 261.31, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 261.32 Hazardous wastes from specific sources.
(a)The following solid wastes are listed hazardous wastes from
specific sources unless they are excluded under Secs. 260.20 and 260.22
and listed in appendix IX.
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Wood preservation: K001........ Bottom sediment sludge (T)
from the treatment of
wastewaters from wood
preserving processes
that use creosote and/or
pentachlorophenol.
Inorganic pigments:
K002......................... Wastewater treatment (T)
sludge from the
production of chrome
yellow and orange
pigments.
K003......................... Wastewater treatment (T)
sludge from the
production of molybdate
orange pigments.
K004......................... Wastewater treatment (T)
sludge from the
production of zinc
yellow pigments.
K005......................... Wastewater treatment (T)
sludge from the
production of chrome
green pigments.
K006......................... Wastewater treatment (T)
sludge from the
production of chrome
oxide green pigments
(anhydrous and hydrated).
K007......................... Wastewater treatment (T)
sludge from the
production of iron blue
pigments.
K008......................... Oven residue from the (T)
production of chrome
oxide green pigments.
Organic chemicals:
K009......................... Distillation bottoms from (T)
the production of
acetaldehyde from
ethylene.
K010......................... Distillation side cuts (T)
from the production of
acetaldehyde from
ethylene.
K011......................... Bottom stream from the (R, T)
wastewater stripper in
the production of
acrylonitrile.
K013......................... Bottom stream from the (R, T)
acetonitrile column in
the production of
acrylonitrile.
K014......................... Bottoms from the (T)
acetonitrile
purification column in
the production of
acrylonitrile.
K015......................... Still bottoms from the (T)
distillation of benzyl
chloride.
K016......................... Heavy ends or (T)
distillation residues
from the production of
carbon tetrachloride.
K017......................... Heavy ends (still (T)
bottoms) from the
purification column in
the production of
epichlorohydrin.
K018......................... Heavy ends from the (T)
fractionation column in
ethyl chloride
production.
K019......................... Heavy ends from the (T)
distillation of ethylene
dichloride in ethylene
dichloride production.
K020......................... Heavy ends from the (T)
distillation of vinyl
chloride in vinyl
chloride monomer
production.
K021......................... Aqueous spent antimony (T)
catalyst waste from
fluoromethanes
production.
K022......................... Distillation bottom tars (T)
from the production of
phenol/acetone from
cumene.
K023......................... Distillation light ends (T)
from the production of
phthalic anhydride from
naphthalene.
K024......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
naphthalene.
K025......................... Distillation bottoms from (T)
the production of
nitrobenzene by the
nitration of benzene.
K026......................... Stripping still tails (T)
from the production of
methy ethyl pyridines.
K027......................... Centrifuge and (R, T)
distillation residues
from toluene
diisocyanate production.
K028......................... Spent catalyst from the (T)
hydrochlorinator reactor
in the production of
1,1,1-trichloroethane.
K029......................... Waste from the product (T)
steam stripper in the
production of 1,1,1-
trichloroethane.
K030......................... Column bottoms or heavy (T)
ends from the combined
production of
trichloroethylene and
perchloroethylene.
K083......................... Distillation bottoms from (T)
aniline production.
K085......................... Distillation or (T)
fractionation column
bottoms from the
production of
chlorobenzenes.
K093......................... Distillation light ends (T)
from the production of
phthalic anhydride from
ortho-xylene.
K094......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
ortho-xylene.
K095......................... Distillation bottoms from (T)
the production of 1,1,1-
trichloroethane.
K096......................... Heavy ends from the heavy (T)
ends column from the
production of 1,1,1-
trichloroethane.
K103......................... Process residues from (T)
aniline extraction from
the production of
aniline.
K104......................... Combined wastewater (T)
streams generated from
nitrobenzene/aniline
production.
K105......................... Separated aqueous stream (T)
from the reactor product
washing step in the
production of
chlorobenzenes.
K107......................... Column bottoms from (C,T)
product separation from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K108......................... Condensed column (I,T)
overheads from product
separation and condensed
reactor vent gases from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
[[Page 76]]
K109......................... Spent filter cartridges (T)
from product
purification from the
production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K110......................... Condensed column (T)
overheads from
intermediate separation
from the production of
1,1-dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
K111......................... Product washwaters from (C,T)
the production of
dinitrotoluene via
nitration of toluene.
K112......................... Reaction by-product water (T)
from the drying column
in the production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K113......................... Condensed liquid light (T)
ends from the
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K114......................... Vicinals from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K115......................... Heavy ends from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K116......................... Organic condensate from (T)
the solvent recovery
column in the production
of toluene diisocyanate
via phosgenation of
toluenediamine.
K117......................... Wastewater from the (T)
reactor vent gas
scrubber in the
production of ethylene
dibromide via
bromination of ethene.
K118......................... Spent adsorbent solids (T)
from purification of
ethylene dibromide in
the production of
ethylene dibromide via
bromination of ethene.
K136......................... Still bottoms from the (T)
purification of ethylene
dibromide in the
production of ethylene
dibromide via
bromination of ethene.
K149......................... Distillation bottoms from (T)
the production of alpha-
(or methyl-) chlorinated
toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
of these functional
groups, (This waste does
not include still
bottoms from the
distillation of benzyl
chloride.).
K150......................... Organic residuals, (T)
excluding spent carbon
adsorbent, from the
spent chlorine gas and
hydrochloric acid
recovery processes
associated with the
production of alpha- (or
methyl-) chlorinated
toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
of these functional
groups.
K151......................... Wastewater treatment (T)
sludges, excluding
neutralization and
biological sludges,
generated during the
treatment of wastewaters
from the production of
alpha- (or methyl-)
chlorinated toluenes,
ring-chlorinated
toluenes, benzoyl
chlorides, and compounds
with mixtures of these
functional groups.
K156......................... Organic waste (including (T)
heavy ends, still
bottoms, light ends,
spent solvents,
filtrates, and
decantates) from the
production of carbamates
and carbamoyl oximes.
(This listing does not
apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K157......................... Wastewaters (including (T)
scrubber waters,
condenser waters,
washwaters, and
separation waters) from
the production of
carbamates and carbamoyl
oximes. (This listing
does not apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K158......................... Bag house dusts and (T)
filter/separation solids
from the production of
carbamates and carbamoyl
oximes. (This listing
does not apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K159......................... Organics from the (T)
treatment of
thiocarbamate wastes.
K161......................... Purification solids (R,T)
(including filtration,
evaporation, and
centrifugation solids),
bag house dust and floor
sweepings from the
production of
dithiocarbamate acids
and their salts. (This
listing does not include
K125 or K126.).
K174......................... Wastewater treatment (T)
sludges from the
production of ethylene
dichloride or vinyl
chloride monomer
(including sludges that
result from commingled
ethylene dichloride or
vinyl chloride monomer
wastewater and other
wastewater), unless the
sludges meet the
following conditions:
(i) they are disposed of
in a subtitle C or non-
hazardous landfill
licensed or permitted by
the state or federal
government; (ii) they
are not otherwise placed
on the land prior to
final disposal; and
(iii) the generator
maintains documentation
demonstrating that the
waste was either
disposed of in an on-
site landfill or
consigned to a
transporter or disposal
facility that provided a
written commitment to
dispose of the waste in
an off-site landfill.
Respondents in any
action brought to
enforce the requirements
of subtitle C must, upon
a showing by the
government that the
respondent managed
wastewater treatment
sludges from the
production of vinyl
chloride monomer or
ethylene dichloride,
demonstrate that they
meet the terms of the
exclusion set forth
above. In doing so, they
must provide appropriate
documentation (e.g.,
contracts between the
generator and the
landfill owner/operator,
invoices documenting
delivery of waste to
landfill, etc.) that the
terms of the exclusion
were met.
K175......................... Wastewater treatment (T)
sludges from the
production of vinyl
chloride monomer using
mercuric chloride
catalyst in an acetylene-
based process.
[[Page 77]]
K181......................... Nonwastewaters from the (T)
production of dyes and/
or pigments (including
nonwastewaters
commingled at the point
of generation with
nonwastewaters from
other processes) that,
at the point of
generation, contain mass
loadings of any of the
constituents identified
in paragraph (c) of this
section that are equal
to or greater than the
corresponding paragraph
(c) levels, as
determined on a calendar
year basis. These wastes
will not be hazardous if
the nonwastewaters are:
(i) disposed in a
Subtitle D landfill unit
subject to the design
criteria in Sec.
258.40, (ii) disposed in
a Subtitle C landfill
unit subject to either
Sec. 264.301 or Sec.
265.301, (iii) disposed
in other Subtitle D
landfill units that meet
the design criteria in
Sec. 258.40, Sec.
264.301, or Sec.
265.301, or (iv) treated
in a combustion unit
that is permitted under
Subtitle C, or an onsite
combustion unit that is
permitted under the
Clean Air Act. For the
purposes of this
listing, dyes and/or
pigments production is
defined in paragraph
(b)(1) of this section.
Paragraph (d) of this
section describes the
process for
demonstrating that a
facility's
nonwastewaters are not
K181. This listing does
not apply to wastes that
are otherwise identified
as hazardous under Secs.
261.21-261.24 and 261.31-
261.33 at the point of
generation. Also, the
listing does not apply
to wastes generated
before any annual mass
loading limit is met.
Inorganic chemicals:
K071......................... Brine purification muds (T)
from the mercury cell
process in chlorine
production, where
separately prepurified
brine is not used.
K073......................... Chlorinated hydrocarbon (T)
waste from the
purification step of the
diaphragm cell process
using graphite anodes in
chlorine production.
K106......................... Wastewater treatment (T)
sludge from the mercury
cell process in chlorine
production.
K176......................... Baghouse filters from the (E)
production of antimony
oxide, including filters
from the production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
K177......................... Slag from the production (T)
of antimony oxide that
is speculatively
accumulated or disposed,
including slag from the
production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
K178......................... Residues from (T)
manufacturing and
manufacturing-site
storage of ferric
chloride from acids
formed during the
production of titanium
dioxide using the
chloride-ilmenite
process.
Pesticides:
K031......................... By-product salts (T)
generated in the
production of MSMA and
cacodylic acid.
K032......................... Wastewater treatment (T)
sludge from the
production of chlordane.
K033......................... Wastewater and scrub (T)
water from the
chlorination of
cyclopentadiene in the
production of chlordane.
K034......................... Filter solids from the (T)
filtration of
hexachlorocyclopentadien
e in the production of
chlordane.
K035......................... Wastewater treatment (T)
sludges generated in the
production of creosote.
K036......................... Still bottoms from (T)
toluene reclamation
distillation in the
production of disulfoton.
K037......................... Wastewater treatment (T)
sludges from the
production of disulfoton.
K038......................... Wastewater from the (T)
washing and stripping of
phorate production.
K039......................... Filter cake from the (T)
filtration of
diethylphosphorodithioic
acid in the production
of phorate.
K040......................... Wastewater treatment (T)
sludge from the
production of phorate.
K041......................... Wastewater treatment (T)
sludge from the
production of toxaphene.
K042......................... Heavy ends or (T)
distillation residues
from the distillation of
tetrachlorobenzene in
the production of 2,4,5-
T.
K043......................... 2,6-Dichlorophenol waste (T)
from the production of
2,4-D.
K097......................... Vacuum stripper discharge (T)
from the chlordane
chlorinator in the
production of chlordane.
K098......................... Untreated process (T)
wastewater from the
production of toxaphene.
K099......................... Untreated wastewater from (T)
the production of 2,4-D.
K123......................... Process wastewater (T)
(including supernates,
filtrates, and
washwaters) from the
production of
ethylenebisdithiocarbami
c acid and its salt.
K124......................... Reactor vent scrubber (C, T)
water from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K125......................... Filtration, evaporation, (T)
and centrifugation
solids from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K126......................... Baghouse dust and floor (T)
sweepings in milling and
packaging operations
from the production or
formulation of
ethylenebisdithiocarbami
c acid and its salts.
K131......................... Wastewater from the (C, T)
reactor and spent
sulfuric acid from the
acid dryer from the
production of methyl
bromide.
K132......................... Spent absorbent and (T)
wastewater separator
solids from the
production of methyl
bromide.
Explosives:
K044......................... Wastewater treatment (R)
sludges from the
manufacturing and
processing of explosives.
K045......................... Spent carbon from the (R)
treatment of wastewater
containing explosives.
K046......................... Wastewater treatment (T)
sludges from the
manufacturing,
formulation and loading
of lead-based initiating
compounds.
K047......................... Pink/red water from TNT (R)
operations.
Petroleum refining:
K048......................... Dissolved air flotation (T)
(DAF) float from the
petroleum refining
industry.
[[Page 78]]
K049......................... Slop oil emulsion solids (T)
from the petroleum
refining industry.
K050......................... Heat exchanger bundle (T)
cleaning sludge from the
petroleum refining
industry.
K051......................... API separator sludge from (T)
the petroleum refining
industry.
K052......................... Tank bottoms (leaded) (T)
from the petroleum
refining industry.
K169......................... Crude oil storage tank (T)
sediment from petroleum
refining operations.
K170......................... Clarified slurry oil tank (T)
sediment and/or in-line
filter/separation solids
from petroleum refining
operations.
K171......................... Spent Hydrotreating (I,T)
catalyst from petroleum
refining operations,
including guard beds
used to desulfurize
feeds to other catalytic
reactors (this listing
does not include inert
support media).
K172......................... Spent Hydrorefining (I,T)
catalyst from petroleum
refining operations,
including guard beds
used to desulfurize
feeds to other catalytic
reactors (this listing
does not include inert
support media).
Iron and steel:
K061......................... Emission control dust/ (T)
sludge from the primary
production of steel in
electric furnaces.
K062......................... Spent pickle liquor (C,T)
generated by steel
finishing operations of
facilities within the
iron and steel industry
(SIC Codes 331 and 332).
Primary aluminum:
K088......................... Spent potliners from (T)
primary aluminum
reduction.
Secondary lead:
K069......................... Emission control dust/ (T)
sludge from secondary
lead smelting. (Note:
This listing is stayed
administratively for
sludge generated from
secondary acid scrubber
systems. The stay will
remain in effect until
further administrative
action is taken. If EPA
takes further action
effecting this stay, EPA
will publish a notice of
the action in the
Federal Register).
K100......................... Waste leaching solution (T)
from acid leaching of
emission control dust/
sludge from secondary
lead smelting.
Veterinary pharmaceuticals:
K084......................... Wastewater treatment (T)
sludges generated during
the production of
veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
K101......................... Distillation tar residues (T)
from the distillation of
aniline-based compounds
in the production of
veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
K102......................... Residue from the use of (T)
activated carbon for
decolorization in the
production of veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
Ink formulation:
K086......................... Solvent washes and (T)
sludges, caustic washes
and sludges, or water
washes and sludges from
cleaning tubs and
equipment used in the
formulation of ink from
pigments, driers, soaps,
and stabilizers
containing chromium and
lead.
Coking:
K060......................... Ammonia still lime sludge (T)
from coking operations.
K087......................... Decanter tank tar sludge (T)
from coking operations.
K141......................... Process residues from the (T)
recovery of coal tar,
including, but not
limited to, collecting
sump residues from the
production of coke from
coal or the recovery of
coke by-products
produced from coal. This
listing does not include
K087 (decanter tank tar
sludges from coking
operations).
K142......................... Tar storage tank residues (T)
from the production of
coke from coal or from
the recovery of coke by-
products produced from
coal.
K143......................... Process residues from the (T)
recovery of light oil,
including, but not
limited to, those
generated in stills,
decanters, and wash oil
recovery units from the
recovery of coke by-
products produced from
coal.
K144......................... Wastewater sump residues (T)
from light oil refining,
including, but not
limited to, intercepting
or contamination sump
sludges from the
recovery of coke by-
products produced from
coal.
K145......................... Residues from naphthalene (T)
collection and recovery
operations from the
recovery of coke by-
products produced from
coal.
K147......................... Tar storage tank residues (T)
from coal tar refining.
K148......................... Residues from coal tar (T)
distillation, including
but not limited to,
still bottoms.
------------------------------------------------------------------------
(b) Listing Specific Definitions: (1) For the purposes of the K181
listing, dyes and/or pigments production is defined to include
manufacture of the following product classes: dyes, pigments, or FDA
certified colors that are classified as azo, triarylmethane, perylene or
anthraquinone classes. Azo products include azo, monoazo, diazo, triazo,
polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane
products include both triarylmethane and triphenylmethane products.
Wastes that are not generated at a dyes and/or pigments manufacturing
site, such as
[[Page 79]]
wastes from the offsite use, formulation, and packaging of dyes and/or
pigments, are not included in the K181 listing.
(c) K181 Listing Levels. Nonwastewaters containing constituents in
amounts equal to or exceeding the following levels during any calendar
year are subject to the K181 listing, unless the conditions in the K181
listing are met.
------------------------------------------------------------------------
Chemical Mass
Constituent abstracts levels
No. (kg/yr)
------------------------------------------------------------------------
Aniline........................................... 62-53-3 9,300
o-Anisidine....................................... 90-04-0 110
4-Chloroaniline................................... 106-47-8 4,800
p-Cresidine....................................... 120-71-8 660
2,4-Dimethylaniline............................... 95-68-1 100
1,2-Phenylenediamine.............................. 95-54-5 710
1,3-Phenylenediamine.............................. 108-45-2 1,200
------------------------------------------------------------------------
(d) Procedures for demonstrating that dyes and/or pigment
nonwastewaters are not K181. The procedures described in paragraphs
(d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters
from the production of dyes/pigments would not be hazardous (these
procedures apply to wastes that are not disposed in landfill units or
treated in combustion units as specified in paragraph (a) of this
section). If the nonwastewaters are disposed in landfill units or
treated in combustion units as described in paragraph (a) of this
section, then the nonwastewaters are not hazardous. In order to
demonstrate that it is meeting the landfill disposal or combustion
conditions contained in the K181 listing description, the generator must
maintain documentation as described in paragraph (d)(4) of this section.
(1) Determination based on no K181 constituents. Generators that
have knowledge (e.g., knowledge of constituents in wastes based on prior
sampling and analysis data and/or information about raw materials used,
production processes used, and reaction and degradation products formed)
that their wastes contain none of the K181 constituents (see paragraph
(c) of this section) can use their knowledge to determine that their
waste is not K181. The generator must document the basis for all such
determinations on an annual basis and keep each annual documentation for
three years.
(2) Determination for generated quantities of 1,000 MT/yr or less
for wastes that contain K181 constituents. If the total annual quantity
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or
less, the generator can use knowledge of the wastes (e.g., knowledge of
constituents in wastes based on prior analytical data and/or information
about raw materials used, production processes used, and reaction and
degradation products formed) to conclude that annual mass loadings for
the K181 constituents are below the listing levels of paragraph (c) of
this section. To make this determination, the generator must:
(i) Each year document the basis for determining that the annual
quantity of nonwastewaters expected to be generated will be less than
1,000 metric tons.
(ii) Track the actual quantity of nonwastewaters generated from
January 1 through December 31 of each year. If, at any time within the
year, the actual waste quantity exceeds 1,000 metric tons, the generator
must comply with the requirements of paragraph (d)(3) of this section
for the remainder of the year.
(iii) Keep a running total of the K181 constituent mass loadings
over the course of the calendar year.
(iv) Keep the following records on site for the three most recent
calendar years in which the hazardous waste determinations are made:
(A) The quantity of dyes and/or pigment nonwastewaters generated.
(B) The relevant process information used.
(C) The calculations performed to determine annual total mass
loadings for each K181 constituent in the nonwastewaters during the
year.
(3) Determination for generated quantities greater than 1,000 MT/yr
for wastes that contain K181 constituents. If the total annual quantity
of dyes and/or pigment nonwastewaters generated is greater than 1,000
metric tons, the generator must perform all of the steps described in
paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make a
determination that its waste is not K181.
(i) Determine which K181 constituents (see paragraph (c) of this
section) are reasonably expected to be present
[[Page 80]]
in the wastes based on knowledge of the wastes (e.g., based on prior
sampling and analysis data and/or information about raw materials used,
production processes used, and reaction and degradation products
formed).
(ii) If 1,2-phenylenediamine is present in the wastes, the generator
can use either knowledge or sampling and analysis procedures to
determine the level of this constituent in the wastes. For
determinations based on use of knowledge, the generator must comply with
the procedures for using knowledge described in paragraph (d)(2) of this
section and keep the records described in paragraph (d)(2)(iv) of this
section. For determinations based on sampling and analysis, the
generator must comply with the sampling and analysis and recordkeeping
requirements described below in this section.
(iii) Develop a waste sampling and analysis plan (or modify an
existing plan) to collect and analyze representative waste samples for
the K181 constituents reasonably expected to be present in the wastes.
At a minimum, the plan must include:
(A) A discussion of the number of samples needed to characterize the
wastes fully;
(B) The planned sample collection method to obtain representative
waste samples;
(C) A discussion of how the sampling plan accounts for potential
temporal and spatial variability of the wastes.
(D) A detailed description of the test methods to be used, including
sample preparation, clean up (if necessary), and determinative methods.
(iv) Collect and analyze samples in accordance with the waste
sampling and analysis plan.
(A) The sampling and analysis must be unbiased, precise, and
representative of the wastes.
(B) The analytical measurements must be sufficiently sensitive,
accurate and precise to support any claim that the constituent mass
loadings are below the listing levels of paragraph (c) of this section.
(v) Record the analytical results.
(vi) Record the waste quantity represented by the sampling and
analysis results.
(vii) Calculate constituent-specific mass loadings (product of
concentrations and waste quantity).
(viii) Keep a running total of the K181 constituent mass loadings
over the course of the calendar year.
(ix) Determine whether the mass of any of the K181 constituents
listed in paragraph (c) of this section generated between January 1 and
December 31 of any year is below the K181 listing levels.
(x) Keep the following records on site for the three most recent
calendar years in which the hazardous waste determinations are made:
(A) The sampling and analysis plan.
(B) The sampling and analysis results (including QA/QC data)
(C) The quantity of dyes and/or pigment nonwastewaters generated.
(D) The calculations performed to determine annual mass loadings.
(xi) Nonhazardous waste determinations must be conducted annually to
verify that the wastes remain nonhazardous.
(A) The annual testing requirements are suspended after three
consecutive successful annual demonstrations that the wastes are
nonhazardous. The generator can then use knowledge of the wastes to
support subsequent annual determinations.
(B) The annual testing requirements are reinstated if the
manufacturing or waste treatment processes generating the wastes are
significantly altered, resulting in an increase of the potential for the
wastes to exceed the listing levels.
(C) If the annual testing requirements are suspended, the generator
must keep records of the process knowledge information used to support a
nonhazardous determination. If testing is reinstated, a description of
the process change must be retained.
(4) Recordkeeping for the landfill disposal and combustion
exemptions. For the purposes of meeting the landfill disposal and
combustion condition set out in the K181 listing description, the
generator must maintain on site for three years documentation
demonstrating that each shipment of waste was received by a landfill
unit that is subject to or meets the landfill design
[[Page 81]]
standards set out in the listing description, or was treated in
combustion units as specified in the listing description.
(5) Waste holding and handling. During the interim period, from the
point of generation to completion of the hazardous waste determination,
the generator is responsible for storing the wastes appropriately. If
the wastes are determined to be hazardous and the generator has not
complied with the subtitle C requirements during the interim period, the
generator could be subject to an enforcement action for improper
management.
[46 FR 4618, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting
Sec. 261.32, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 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
Sec. 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 Sec. 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 Sec. 261.31 or
Sec. 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
[[Page 82]]
section, are identified as acute hazardous wastes (H) and are subject to
the small quantity exclusion defined in Sec. 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. Wastes are first
listed in alphabetical order by substance and then listed again in
numerical order by Hazardous Waste Number.]
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
P023 107-20-0 Acetaldehyde, chloro-
P002 591-08-2 Acetamide, N-(aminothioxomethyl)-
P057 640-19-7 Acetamide, 2-fluoro-
P058 62-74-8 Acetic acid, fluoro-, sodium salt
P002 591-08-2 1-Acetyl-2-thiourea
P003 107-02-8 Acrolein
P070 116-06-3 Aldicarb
P203 1646-88-4 Aldicarb sulfone.
P004 309-00-2 Aldrin
P005 107-18-6 Allyl alcohol
P006 20859-73-8 Aluminum phosphide (R,T)
P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol
P008 504-24-5 4-Aminopyridine
P009 131-74-8 Ammonium picrate (R)
P119 7803-55-6 Ammonium vanadate
P099 506-61-6 Argentate(1-), bis(cyano-C)-,
potassium
P010 7778-39-4 Arsenic acid H3 AsO4
P012 1327-53-3 Arsenic oxide As2 O3
P011 1303-28-2 Arsenic oxide As2 O5
P011 1303-28-2 Arsenic pentoxide
P012 1327-53-3 Arsenic trioxide
P038 692-42-2 Arsine, diethyl-
P036 696-28-6 Arsonous dichloride, phenyl-
P054 151-56-4 Aziridine
P067 75-55-8 Aziridine, 2-methyl-
P013 542-62-1 Barium cyanide
P024 106-47-8 Benzenamine, 4-chloro-
P077 100-01-6 Benzenamine, 4-nitro-
P028 100-44-7 Benzene, (chloromethyl)-
P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-
(methylamino)ethyl]-, (R)-
P046 122-09-8 Benzeneethanamine, alpha,alpha-
dimethyl-
P014 108-98-5 Benzenethiol
P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-, methylcarbamate.
P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with
(3aS-cis)-1,2,3,3a,8,8a-hexahydro-
1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
yl methylcarbamate ester (1:1).
P001 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenylbutyl)-, & salts, when
present at concentrations greater
than 0.3%
P028 100-44-7 Benzyl chloride
P015 7440-41-7 Beryllium powder
P017 598-31-2 Bromoacetone
P018 357-57-3 Brucine
P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-
(methylthio)-,
O-[(methylamino)carbonyl] oxime
P021 592-01-8 Calcium cyanide
P021 592-01-8 Calcium cyanide Ca(CN)2
P189 55285-14-8 Carbamic acid, [(dibutylamino)-
thio]methyl-, 2,3-dihydro-2,2-
dimethyl- 7-benzofuranyl ester.
P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-
amino)carbonyl]- 5-methyl-1H- pyrazol-
3-yl ester.
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-
(1-methylethyl)-1H- pyrazol-5-yl
ester.
P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl
ester.
P127 1563-66-2 Carbofuran.
P022 75-15-0 Carbon disulfide
P095 75-44-5 Carbonic dichloride
P189 55285-14-8 Carbosulfan.
P023 107-20-0 Chloroacetaldehyde
P024 106-47-8 p-Chloroaniline
P026 5344-82-1 1-(o-Chlorophenyl)thiourea
P027 542-76-7 3-Chloropropionitrile
P029 544-92-3 Copper cyanide
P029 544-92-3 Copper cyanide Cu(CN)
P202 64-00-6 m-Cumenyl methylcarbamate.
[[Page 83]]
P030 ............ Cyanides (soluble cyanide salts), not
otherwise specified
P031 460-19-5 Cyanogen
P033 506-77-4 Cyanogen chloride
P033 506-77-4 Cyanogen chloride (CN)Cl
P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol
P016 542-88-1 Dichloromethyl ether
P036 696-28-6 Dichlorophenylarsine
P037 60-57-1 Dieldrin
P038 692-42-2 Diethylarsine
P041 311-45-5 Diethyl-p-nitrophenyl phosphate
P040 297-97-2 O,O-Diethyl O-pyrazinyl
phosphorothioate
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P004 309-00-2 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a,-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alpha,8
abeta)-
P060 465-73-6 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,8beta,8ab
eta)-
P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta,6a
alpha,7beta, 7aalpha)-
P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3-
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,6
abeta,7beta, 7aalpha)-, & metabolites
P044 60-51-5 Dimethoate
P046 122-09-8 alpha,alpha-Dimethylphenethylamine
P191 644-64-4 Dimetilan.
P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts
P048 51-28-5 2,4-Dinitrophenol
P020 88-85-7 Dinoseb
P085 152-16-9 Diphosphoramide, octamethyl-
P111 107-49-3 Diphosphoric acid, tetraethyl ester
P039 298-04-4 Disulfoton
P049 541-53-7 Dithiobiuret
P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-
dimethyl-, O- [(methylamino)-
carbonyl]oxime.
P050 115-29-7 Endosulfan
P088 145-73-3 Endothall
P051 72-20-8 Endrin
P051 72-20-8 Endrin, & metabolites
P042 51-43-4 Epinephrine
P031 460-19-5 Ethanedinitrile
P194 23135-22-0 Ethanimidothioic acid, 2-
(dimethylamino)-N-[[(methylamino)
carbonyl]oxy]-2-oxo-, methyl ester.
P066 16752-77-5 Ethanimidothioic acid,
N-[[(methylamino)carbonyl]oxy]-,
methyl ester
P101 107-12-0 Ethyl cyanide
P054 151-56-4 Ethyleneimine
P097 52-85-7 Famphur
P056 7782-41-4 Fluorine
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Fluoroacetic acid, sodium salt
P198 23422-53-9 Formetanate hydrochloride.
P197 17702-57-7 Formparanate.
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P059 76-44-8 Heptachlor
P062 757-58-4 Hexaethyl tetraphosphate
P116 79-19-6 Hydrazinecarbothioamide
P068 60-34-4 Hydrazine, methyl-
P063 74-90-8 Hydrocyanic acid
P063 74-90-8 Hydrogen cyanide
P096 7803-51-2 Hydrogen phosphide
P060 465-73-6 Isodrin
P192 119-38-0 Isolan.
P202 64-00-6 3-Isopropylphenyl N-methylcarbamate.
P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-
P196 15339-36-3 Manganese,
bis(dimethylcarbamodithioato-S,S')-,
P196 15339-36-3 Manganese dimethyldithiocarbamate.
P092 62-38-4 Mercury, (acetato-O)phenyl-
P065 628-86-4 Mercury fulminate (R,T)
P082 62-75-9 Methanamine, N-methyl-N-nitroso-
P064 624-83-9 Methane, isocyanato-
P016 542-88-1 Methane, oxybis[chloro-
P112 509-14-8 Methane, tetranitro- (R)
P118 75-70-7 Methanethiol, trichloro-
P198 23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3-
[[(methylamino)-carbonyl]oxy]phenyl]-
, monohydrochloride.
[[Page 84]]
P197 17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-
methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-
P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-hexahydro-,
3-oxide
P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
heptachloro-
3a,4,7,7a-tetrahydro-
P199 2032-65-7 Methiocarb.
P066 16752-77-5 Methomyl
P068 60-34-4 Methyl hydrazine
P064 624-83-9 Methyl isocyanate
P069 75-86-5 2-Methyllactonitrile
P071 298-00-0 Methyl parathion
P190 1129-41-5 Metolcarb.
P128 315-8-4 Mexacarbate.
P072 86-88-4 alpha-Naphthylthiourea
P073 13463-39-3 Nickel carbonyl
P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)-
P074 557-19-7 Nickel cyanide
P074 557-19-7 Nickel cyanide Ni(CN)2
P075 \1\ 54-11-5 Nicotine, & salts
P076 10102-43-9 Nitric oxide
P077 100-01-6 p-Nitroaniline
P078 10102-44-0 Nitrogen dioxide
P076 10102-43-9 Nitrogen oxide NO
P078 10102-44-0 Nitrogen oxide NO2
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 OsO4, (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-
dicarboxylic acid
P194 23135-22-0 Oxamyl.
P089 56-38-2 Parathion
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P048 51-28-5 Phenol, 2,4-dinitro-
P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts
P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt
(R)
P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-
, methylcarbamate (ester).
P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,
methylcarbamate
P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl
carbamate.
P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-,
methyl carbamate.
P092 62-38-4 Phenylmercury acetate
P093 103-85-5 Phenylthiourea
P094 298-02-2 Phorate
P095 75-44-5 Phosgene
P096 7803-51-2 Phosphine
P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl
ester
P039 298-04-4 Phosphorodithioic acid, O,O-diethyl
S-[2-(ethylthio)ethyl] ester
P094 298-02-2 Phosphorodithioic acid, O,O-diethyl
S-[(ethylthio)methyl] ester
P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-
[2-(methylamino)-2-oxoethyl] ester
P043 55-91-4 Phosphorofluoridic acid, bis(1-
methylethyl) ester
P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
P097 52-85-7 Phosphorothioic acid,
O-[4-
[(dimethylamino)sulfonyl]phenyl] O,O-
dimethyl ester
P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-
(4-nitrophenyl) ester
P204 57-47-6 Physostigmine.
P188 57-64-7 Physostigmine salicylate.
P110 78-00-2 Plumbane, tetraethyl-
P098 151-50-8 Potassium cyanide
P098 151-50-8 Potassium cyanide K(CN)
P099 506-61-6 Potassium silver cyanide
P201 2631-37-0 Promecarb
P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-,
O-[(methylamino)carbonyl]oxime
P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-
, O-[(methylamino)carbonyl] oxime.
P101 107-12-0 Propanenitrile
P027 542-76-7 Propanenitrile, 3-chloro-
P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl-
[[Page 85]]
P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)
P017 598-31-2 2-Propanone, 1-bromo-
P102 107-19-7 Propargyl alcohol
P003 107-02-8 2-Propenal
P005 107-18-6 2-Propen-1-ol
P067 75-55-8 1,2-Propylenimine
P102 107-19-7 2-Propyn-1-ol
P008 504-24-5 4-Pyridinamine
P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
, (S)-, & salts
P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-,
methylcarbamate (ester), (3aS-cis)-.
P114 12039-52-0 Selenious acid, dithallium(1+) salt
P103 630-10-4 Selenourea
P104 506-64-9 Silver cyanide
P104 506-64-9 Silver cyanide Ag(CN)
P105 26628-22-8 Sodium azide
P106 143-33-9 Sodium cyanide
P106 143-33-9 Sodium cyanide Na(CN)
P108 \1\ 57-24-9 Strychnidin-10-one, & salts
P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy-
P108 \1\ 57-24-9 Strychnine, & salts
P115 7446-18-6 Sulfuric acid, dithallium(1+) salt
P109 3689-24-5 Tetraethyldithiopyrophosphate
P110 78-00-2 Tetraethyl lead
P111 107-49-3 Tetraethyl pyrophosphate
P112 509-14-8 Tetranitromethane (R)
P062 757-58-4 Tetraphosphoric acid, hexaethyl ester
P113 1314-32-5 Thallic oxide
P113 1314-32-5 Thallium oxide Tl2 O3
P114 12039-52-0 Thallium(I) selenite
P115 7446-18-6 Thallium(I) sulfate
P109 3689-24-5 Thiodiphosphoric acid, tetraethyl
ester
P045 39196-18-4 Thiofanox
P049 541-53-7 Thioimidodicarbonic diamide [(H2
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 V2 O5
P120 1314-62-1 Vanadium pentoxide
P084 4549-40-0 Vinylamine, N-methyl-N-nitroso-
P001 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations greater than 0.3%
P205 137-30-4 Zinc, bis(dimethylcarbamodithioato-
S,S')-,
P121 557-21-1 Zinc cyanide
P121 557-21-1 Zinc cyanide Zn(CN)2
P122 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations greater than 10% (R,T)
P205 137-30-4 Ziram.
P001 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenylbutyl)-, & salts, when
present at concentrations greater
than 0.3%
P001 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations greater than 0.3%
P002 591-08-2 Acetamide, -(aminothioxomethyl)-
P002 591-08-2 1-Acetyl-2-thiourea
P003 107-02-8 Acrolein
P003 107-02-8 2-Propenal
P004 309-00-2 Aldrin
P004 309-00-2 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa-chloro-
1,4,4a,5,8,8a,-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alpha,8
abeta)-
P005 107-18-6 Allyl alcohol
P005 107-18-6 2-Propen-1-ol
P006 20859-73-8 Aluminum phosphide (R,T)
P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol
P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-
P008 504-24-5 4-Aminopyridine
P008 504-24-5 4-Pyridinamine
P009 131-74-8 Ammonium picrate (R)
P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt
(R)
P010 7778-39-4 Arsenic acid H3 AsO4
[[Page 86]]
P011 1303-28-2 Arsenic oxide As2 O5
P011 1303-28-2 Arsenic pentoxide
P012 1327-53-3 Arsenic oxide As2 O3
P012 1327-53-3 Arsenic trioxide
P013 542-62-1 Barium cyanide
P014 108-98-5 Benzenethiol
P014 108-98-5 Thiophenol
P015 7440-41-7 Beryllium powder
P016 542-88-1 Dichloromethyl ether
P016 542-88-1 Methane, oxybis[chloro-
P017 598-31-2 Bromoacetone
P017 598-31-2 2-Propanone, 1-bromo-
P018 357-57-3 Brucine
P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy-
P020 88-85-7 Dinoseb
P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P021 592-01-8 Calcium cyanide
P021 592-01-8 Calcium cyanide Ca(CN)2
P022 75-15-0 Carbon disulfide
P023 107-20-0 Acetaldehyde, chloro-
P023 107-20-0 Chloroacetaldehyde
P024 106-47-8 Benzenamine, 4-chloro-
P024 106-47-8 p-Chloroaniline
P026 5344-82-1 1-(o-Chlorophenyl)thiourea
P026 5344-82-1 Thiourea, (2-chlorophenyl)-
P027 542-76-7 3-Chloropropionitrile
P027 542-76-7 Propanenitrile, 3-chloro-
P028 100-44-7 Benzene, (chloromethyl)-
P028 100-44-7 Benzyl chloride
P029 544-92-3 Copper cyanide
P029 544-92-3 Copper cyanide Cu(CN)
P030 ............ Cyanides (soluble cyanide salts), not
otherwise specified
P031 460-19-5 Cyanogen
P031 460-19-5 Ethanedinitrile
P033 506-77-4 Cyanogen chloride
P033 506-77-4 Cyanogen chloride (CN)Cl
P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P036 696-28-6 Arsonous dichloride, phenyl-
P036 696-28-6 Dichlorophenylarsine
P037 60-57-1 Dieldrin
P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta,6a
alpha,7beta, 7aalpha)-
P038 692-42-2 Arsine, diethyl-
P038 692-42-2 Diethylarsine
P039 298-04-4 Disulfoton
P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-
[2-(ethylthio)ethyl] ester
P040 297-97-2 O,O-Diethyl O-pyrazinyl
phosphorothioate
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
P041 311-45-5 Diethyl-p-nitrophenyl phosphate
P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl
ester
P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-
(methylamino)ethyl]-, (R)-
P042 51-43-4 Epinephrine
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P043 55-91-4 Phosphorofluoridic acid, bis(1-
methylethyl) ester
P044 60-51-5 Dimethoate
P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-
[2-(methyl amino)-2-oxoethyl] ester
P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-
(methylthio)-, O-
[(methylamino)carbonyl] oxime
P045 39196-18-4 Thiofanox
P046 122-09-8 Benzeneethanamine, alpha,alpha-
dimethyl-
P046 122-09-8 alpha,alpha-Dimethylphenethylamine
P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts
P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts
P048 51-28-5 2,4-Dinitrophenol
P048 51-28-5 Phenol, 2,4-dinitro-
P049 541-53-7 Dithiobiuret
P049 541-53-7 Thioimidodicarbonic diamide [(H2
N)C(S)]2 NH
P050 115-29-7 Endosulfan
P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin,
6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-, 3-oxide
P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3-
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,6
abeta,7beta, 7aalpha)-, & metabolites
P051 72-20-8 Endrin
[[Page 87]]
P051 72-20-8 Endrin, & metabolites
P054 151-56-4 Aziridine
P054 151-56-4 Ethyleneimine
P056 7782-41-4 Fluorine
P057 640-19-7 Acetamide, 2-fluoro-
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Acetic acid, fluoro-, sodium salt
P058 62-74-8 Fluoroacetic acid, sodium salt
P059 76-44-8 Heptachlor
P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
heptachloro-3a,4,7,7a-tetrahydro-
P060 465-73-6 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa-chloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,8beta,8ab
eta)-
P060 465-73-6 Isodrin
P062 757-58-4 Hexaethyl tetraphosphate
P062 757-58-4 Tetraphosphoric acid, hexaethyl ester
P063 74-90-8 Hydrocyanic acid
P063 74-90-8 Hydrogen cyanide
P064 624-83-9 Methane, isocyanato-
P064 624-83-9 Methyl isocyanate
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P065 628-86-4 Mercury fulminate (R,T)
P066 16752-77-5 Ethanimidothioic acid, N-
[[(methylamino)carbonyl]oxy]-, methyl
ester
P066 16752-77-5 Methomyl
P067 75-55-8 Aziridine, 2-methyl-
P067 75-55-8 1,2-Propylenimine
P068 60-34-4 Hydrazine, methyl-
P068 60-34-4 Methyl hydrazine
P069 75-86-5 2-Methyllactonitrile
P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl-
P070 116-06-3 Aldicarb
P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-
[(methylamino)carbonyl]oxime
P071 298-00-0 Methyl parathion
P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-
(4-nitrophenyl) ester
P072 86-88-4 alpha-Naphthylthiourea
P072 86-88-4 Thiourea, 1-naphthalenyl-
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 \1\ 54-11-5 Nicotine, & salts
P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
, (S)-, & salts
P076 10102-43-9 Nitric oxide
P076 10102-43-9 Nitrogen oxide NO
P077 100-01-6 Benzenamine, 4-nitro-
P077 100-01-6 p-Nitroaniline
P078 10102-44-0 Nitrogen dioxide
P078 10102-44-0 Nitrogen oxide NO2
P081 55-63-0 Nitroglycerine (R)
P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)
P082 62-75-9 Methanamine, -methyl-N-nitroso-
P082 62-75-9 N-Nitrosodimethylamine
P084 4549-40-0 N-Nitrosomethylvinylamine
P084 4549-40-0 Vinylamine, -methyl-N-nitroso-
P085 152-16-9 Diphosphoramide, octamethyl-
P085 152-16-9 Octamethylpyrophosphoramide
P087 20816-12-0 Osmium oxide OsO4, (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 Endothall
P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-
dicarboxylic acid
P089 56-38-2 Parathion
P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P092 62-38-4 Mercury, (acetato-O)phenyl-
P092 62-38-4 Phenylmercury acetate
P093 103-85-5 Phenylthiourea
P093 103-85-5 Thiourea, phenyl-
P094 298-02-2 Phorate
P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-
[(ethylthio)methyl] ester
P095 75-44-5 Carbonic dichloride
P095 75-44-5 Phosgene
P096 7803-51-2 Hydrogen phosphide
P096 7803-51-2 Phosphine
P097 52-85-7 Famphur
[[Page 88]]
P097 52-85-7 Phosphorothioic acid, O-[4-
[(dimethylamino)sulfonyl]phenyl] O,O-
dimethyl ester
P098 151-50-8 Potassium cyanide
P098 151-50-8 Potassium cyanide K(CN)
P099 506-61-6 Argentate(1-), bis(cyano-C)-,
potassium
P099 506-61-6 Potassium silver cyanide
P101 107-12-0 Ethyl cyanide
P101 107-12-0 Propanenitrile
P102 107-19-7 Propargyl alcohol
P102 107-19-7 2-Propyn-1-ol
P103 630-10-4 Selenourea
P104 506-64-9 Silver cyanide
P104 506-64-9 Silver cyanide Ag(CN)
P105 26628-22-8 Sodium azide
P106 143-33-9 Sodium cyanide
P106 143-33-9 Sodium cyanide Na(CN)
P108 \1\ 157-24-9 Strychnidin-10-one, & salts
P108 \1\ 157-24-9 Strychnine, & salts
P109 3689-24-5 Tetraethyldithiopyrophosphate
P109 3689-24-5 Thiodiphosphoric acid, tetraethyl
ester
P110 78-00-2 Plumbane, tetraethyl-
P110 78-00-2 Tetraethyl lead
P111 107-49-3 Diphosphoric acid, tetraethyl ester
P111 107-49-3 Tetraethyl pyrophosphate
P112 509-14-8 Methane, tetranitro-(R)
P112 509-14-8 Tetranitromethane (R)
P113 1314-32-5 Thallic oxide
P113 1314-32-5 Thallium oxide Tl2 O3
P114 12039-52-0 Selenious acid, dithallium(1+) salt
P114 12039-52-0 Tetraethyldithiopyrophosphate
P115 7446-18-6 Thiodiphosphoric acid, tetraethyl
ester
P115 7446-18-6 Plumbane, tetraethyl-
P116 79-19-6 Tetraethyl lead
P116 79-19-6 Thiosemicarbazide
P118 75-70-7 Methanethiol, trichloro-
P118 75-70-7 Trichloromethanethiol
P119 7803-55-6 Ammonium vanadate
P119 7803-55-6 Vanadic acid, ammonium salt
P120 1314-62-1 Vanadium oxide V2O5
P120 1314-62-1 Vanadium pentoxide
P121 557-21-1 Zinc cyanide
P121 557-21-1 Zinc cyanide Zn(CN)2
P122 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations greater than 10% (R,T)
P123 8001-35-2 Toxaphene
P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-, methylcarbamate.
P127 1563-66-2 Carbofuran
P128 315-8-4 Mexacarbate
P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-
, methylcarbamate (ester)
P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-
dimethyl-, O-[(methylamino)-
carbonyl]oxime.
P185 26419-73-8 Tirpate
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)
P188 57-64-7 Physostigmine salicylate
P189 55285-14-8 Carbamic acid, [(dibutylamino)-
thio]methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester
P189 55285-14-8 Carbosulfan
P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl
ester
P190 1129-41-5 Metolcarb
P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-
amino)carbonyl]-5-methyl-1H-pyrazol-3-
yl ester
P191 644-64-4 Dimetilan
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-
(1-methylethyl)-1H-pyrazol-5-yl ester
P192 119-38-0 Isolan
P194 23135-22-0 Ethanimidthioic acid, 2-
(dimethylamino)-N-[[(methylamino)
carbonyl]oxy]-2-oxo-, methyl ester
P194 23135-22-0 Oxamyl
P196 15339-36-3 Manganese,
bis(dimethylcarbamodithioato-S,S')-,
P196 15339-36-3 Manganese dimethyldithiocarbamate
P197 17702-57-7 Formparanate
P197 17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-
methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-
P198 23422-53-9 Formetanate hydrochloride
P198 23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3-
[[(methylamino)-carbonyl]oxy]phenyl]-
monohydrochloride
P199 2032-65-7 Methiocarb
P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,
methylcarbamate
P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-,
methyl carbamate
P201 2631-37-0 Promecarb
[[Page 89]]
P202 64-00-6 m-Cumenyl methylcarbamate
P202 64-00-6 3-Isopropylphenyl N-methylcarbamate
P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl
carbamate
P203 1646-88-4 Aldicarb sulfone
P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-
, O-[(methylamino)carbonyl] oxime
P204 57-47-6 Physostigmine
P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate (ester),
(3aS-cis)-
P205 137-30-4 Zinc, bis(dimethylcarbamodithioato-
S,S')-,
P205 137-30-4 Ziram
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
(f) The commercial chemical products, manufacturing 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 Sec. 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. Wastes are first listed in alphabetical order by
substance and then listed again in numerical order by Hazardous Waste
Number.]
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
U394 30558-43-1 A2213.
U001 75-07-0 Acetaldehyde (I)
U034 75-87-6 Acetaldehyde, trichloro-
U187 62-44-2 Acetamide, N-(4-ethoxyphenyl)-
U005 53-96-3 Acetamide, N-9H-fluoren-2-yl-
U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-,
salts & esters
U112 141-78-6 Acetic acid ethyl ester (I)
U144 301-04-2 Acetic acid, lead(2+) salt
U214 563-68-8 Acetic acid, thallium(1+) salt
see F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
U002 67-64-1 Acetone (I)
U003 75-05-8 Acetonitrile (I,T)
U004 98-86-2 Acetophenone
U005 53-96-3 2-Acetylaminofluorene
U006 75-36-5 Acetyl chloride (C,R,T)
U007 79-06-1 Acrylamide
U008 79-10-7 Acrylic acid (I)
U009 107-13-1 Acrylonitrile
U011 61-82-5 Amitrole
U012 62-53-3 Aniline (I,T)
U136 75-60-5 Arsinic acid, dimethyl-
U014 492-80-8 Auramine
U015 115-02-6 Azaserine
U010 50-07-7 Azirino[2',3':3,4]pyrrolo[1,2-a]indole-
4,7-dione, 6-amino-8-
[[(aminocarbonyl)oxy]methyl]-
1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
methyl-, [1aS-(1aalpha,
8beta,8aalpha,8balpha)]-
U280 101-27-9 Barban.
U278 22781-23-3 Bendiocarb.
U364 22961-82-6 Bendiocarb phenol.
U271 17804-35-2 Benomyl.
U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-
methyl-
U016 225-51-4 Benz[c]acridine
U017 98-87-3 Benzal chloride
U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)-
U018 56-55-3 Benz[a]anthracene
U094 57-97-6 Benz[a]anthracene, 7,12-dimethyl-
U012 62-53-3 Benzenamine (I,T)
U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,N-
dimethyl-
[[Page 90]]
U049 3165-93-3 Benzenamine, 4-chloro-2-methyl-,
hydrochloride
U093 60-11-7 Benzenamine, N,N-dimethyl-4-
(phenylazo)-
U328 95-53-4 Benzenamine, 2-methyl-
U353 106-49-0 Benzenamine, 4-methyl-
U158 101-14-4 Benzenamine, 4,4'-methylenebis[2-
chloro-
U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride
U181 99-55-8 Benzenamine, 2-methyl-5-nitro-
U019 71-43-2 Benzene (I,T)
U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-
chlorophenyl)-alpha-hydroxy-, ethyl
ester
U030 101-55-3 Benzene, 1-bromo-4-phenoxy-
U035 305-03-3 Benzenebutanoic acid, 4-[bis(2-
chloroethyl)amino]-
U037 108-90-7 Benzene, chloro-
U221 25376-45-8 Benzenediamine, ar-methyl-
U028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-
ethylhexyl) ester
U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl
ester
U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl
ester
U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl
ester
U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl
ester
U070 95-50-1 Benzene, 1,2-dichloro-
U071 541-73-1 Benzene, 1,3-dichloro-
U072 106-46-7 Benzene, 1,4-dichloro-
U060 72-54-8 Benzene, 1,1'-(2,2-
dichloroethylidene)bis[4-chloro-
U017 98-87-3 Benzene, (dichloromethyl)-
U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)
U239 1330-20-7 Benzene, dimethyl- (I)
U201 108-46-3 1,3-Benzenediol
U127 118-74-1 Benzene, hexachloro-
U056 110-82-7 Benzene, hexahydro- (I)
U220 108-88-3 Benzene, methyl-
U105 121-14-2 Benzene, 1-methyl-2,4-dinitro-
U106 606-20-2 Benzene, 2-methyl-1,3-dinitro-
U055 98-82-8 Benzene, (1-methylethyl)- (I)
U169 98-95-3 Benzene, nitro-
U183 608-93-5 Benzene, pentachloro-
U185 82-68-8 Benzene, pentachloronitro-
U020 98-09-9 Benzenesulfonic acid chloride (C,R)
U020 98-09-9 Benzenesulfonyl chloride (C,R)
U207 95-94-3 Benzene, 1,2,4,5-tetrachloro-
U061 50-29-3 Benzene, 1,1'-(2,2,2-
trichloroethylidene)bis[4-chloro-
U247 72-43-5 Benzene, 1,1'-(2,2,2-
trichloroethylidene)bis[4- methoxy-
U023 98-07-7 Benzene, (trichloromethyl)-
U234 99-35-4 Benzene, 1,3,5-trinitro-
U021 92-87-5 Benzidine
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate.
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U064 189-55-9 Benzo[rst]pentaphene
U248 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenyl-butyl)-, & salts, when
present at concentrations of 0.3% or
less
U022 50-32-8 Benzo[a]pyrene
U197 106-51-4 p-Benzoquinone
U023 98-07-7 Benzotrichloride (C,R,T)
U085 1464-53-5 2,2'-Bioxirane
U021 92-87-5 [1,1'-Biphenyl]-4,4'-diamine
U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dichloro-
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
U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172 924-16-3 1-Butanamine, N-butyl-N-nitroso-
U031 71-36-3 1-Butanol (I)
U159 78-93-3 2-Butanone (I,T)
U160 1338-23-4 2-Butanone, peroxide (R,T)
U053 4170-30-3 2-Butenal
U074 764-41-0 2-Butene, 1,4-dichloro- (I,T)
[[Page 91]]
U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-
dihydroxy-
2-(1-methoxyethyl)-3-methyl-1-
oxobutoxy]methyl]-
2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
yl ester,
[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031 71-36-3 n-Butyl alcohol (I)
U136 75-60-5 Cacodylic acid
U032 13765-19-0 Calcium chromate
U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl,
methyl ester.
U271 17804-35-2 Carbamic acid, [1-
[(butylamino)carbonyl]-1H-
benzimidazol-2-yl]-, methyl ester.
U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-
chloro-2-butynyl ester.
U238 51-79-6 Carbamic acid, ethyl ester
U178 615-53-2 Carbamic acid, methylnitroso-, ethyl
ester
U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl
ester.
U409 23564-05-8 Carbamic acid, [1,2-phenylenebis
(iminocarbonothioyl)]bis-, dimethyl
ester.
U097 79-44-7 Carbamic chloride, dimethyl-
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3,3-trichloro-2-propenyl)
ester.
U387 52888-80-9 Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester.
U114 \1\ 111-54-6 Carbamodithioic acid, 1,2-
ethanediylbis-,
salts & esters
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3-dichloro-2-propenyl) ester
U279 63-25-2 Carbaryl.
U372 10605-21-7 Carbendazim.
U367 1563-38-8 Carbofuran phenol.
U215 6533-73-9 Carbonic acid, dithallium(1+) salt
U033 353-50-4 Carbonic difluoride
U156 79-22-1 Carbonochloridic acid, methyl ester
(I,T)
U033 353-50-4 Carbon oxyfluoride (R,T)
U211 56-23-5 Carbon tetrachloride
U034 75-87-6 Chloral
U035 305-03-3 Chlorambucil
U036 57-74-9 Chlordane, alpha & gamma isomers
U026 494-03-1 Chlornaphazin
U037 108-90-7 Chlorobenzene
U038 510-15-6 Chlorobenzilate
U039 59-50-7 p-Chloro-m-cresol
U042 110-75-8 2-Chloroethyl vinyl ether
U044 67-66-3 Chloroform
U046 107-30-2 Chloromethyl methyl ether
U047 91-58-7 beta-Chloronaphthalene
U048 95-57-8 o-Chlorophenol
U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride
U032 13765-19-0 Chromic acid H2 CrO4, calcium salt
U050 218-01-9 Chrysene
U051 ............ Creosote
U052 1319-77-3 Cresol (Cresylic acid)
U053 4170-30-3 Crotonaldehyde
U055 98-82-8 Cumene (I)
U246 506-68-3 Cyanogen bromide (CN)Br
U197 106-51-4 2,5-Cyclohexadiene-1,4-dione
U056 110-82-7 Cyclohexane (I)
U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6
beta)-
U057 108-94-1 Cyclohexanone (I)
U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
U058 50-18-0 Cyclophosphamide
U240 \1\ 94-75-7 2,4-D, salts & esters
U059 20830-81-3 Daunomycin
U060 72-54-8 DDD
U061 50-29-3 DDT
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz[a,h]anthracene
U064 189-55-9 Dibenzo[a,i]pyrene
U066 96-12-8 1,2-Dibromo-3-chloropropane
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 p-Dichlorobenzene
U073 91-94-1 3,3'-Dichlorobenzidine
U074 764-41-0 1,4-Dichloro-2-butene (I,T)
U075 75-71-8 Dichlorodifluoromethane
U078 75-35-4 1,1-Dichloroethylene
U079 156-60-5 1,2-Dichloroethylene
[[Page 92]]
U025 111-44-4 Dichloroethyl ether
U027 108-60-1 Dichloroisopropyl ether
U024 111-91-1 Dichloromethoxy ethane
U081 120-83-2 2,4-Dichlorophenol
U082 87-65-0 2,6-Dichlorophenol
U084 542-75-6 1,3-Dichloropropene
U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)
U108 123-91-1 1,4-Diethyleneoxide
U028 117-81-7 Diethylhexyl phthalate
U395 5952-26-1 Diethylene glycol, dicarbamate.
U086 1615-80-1 N,N'-Diethylhydrazine
U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate
U088 84-66-2 Diethyl phthalate
U089 56-53-1 Diethylstilbesterol
U090 94-58-6 Dihydrosafrole
U091 119-90-4 3,3'-Dimethoxybenzidine
U092 124-40-3 Dimethylamine (I)
U093 60-11-7 p-Dimethylaminoazobenzene
U094 57-97-6 7,12-Dimethylbenz[a]anthracene
U095 119-93-7 3,3'-Dimethylbenzidine
U096 80-15-9 alpha,alpha-
Dimethylbenzylhydroperoxide (R)
U097 79-44-7 Dimethylcarbamoyl chloride
U098 57-14-7 1,1-Dimethylhydrazine
U099 540-73-8 1,2-Dimethylhydrazine
U101 105-67-9 2,4-Dimethylphenol
U102 131-11-3 Dimethyl phthalate
U103 77-78-1 Dimethyl sulfate
U105 121-14-2 2,4-Dinitrotoluene
U106 606-20-2 2,6-Dinitrotoluene
U107 117-84-0 Di-n-octyl phthalate
U108 123-91-1 1,4-Dioxane
U109 122-66-7 1,2-Diphenylhydrazine
U110 142-84-7 Dipropylamine (I)
U111 621-64-7 Di-n-propylnitrosamine
U041 106-89-8 Epichlorohydrin
U001 75-07-0 Ethanal (I)
U404 121-44-8 Ethanamine, N,N-diethyl-
U174 55-18-5 Ethanamine, N-ethyl-N-nitroso-
U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-
pyridinyl-N'-(2-thienylmethyl)-
U067 106-93-4 Ethane, 1,2-dibromo-
U076 75-34-3 Ethane, 1,1-dichloro-
U077 107-06-2 Ethane, 1,2-dichloro-
U131 67-72-1 Ethane, hexachloro-
U024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-
chloro-
U117 60-29-7 Ethane, 1,1'-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-
U209 79-34-5 Ethane, 1,1,2,2-tetrachloro-
U218 62-55-5 Ethanethioamide
U226 71-55-6 Ethane, 1,1,1-trichloro-
U227 79-00-5 Ethane, 1,1,2-trichloro-
U410 59669-26-0 Ethanimidothioic acid, N,N'-
[thiobis[(methylimino)carbonyloxy]]bi
s-, dimethyl ester
U394 30558-43-1 Ethanimidothioic acid, 2-
(dimethylamino)-N-hydroxy-2-oxo-,
methyl ester.
U359 110-80-5 Ethanol, 2-ethoxy-
U173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis-
U395 5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate.
U004 98-86-2 Ethanone, 1-phenyl-
U043 75-01-4 Ethene, chloro-
U042 110-75-8 Ethene, (2-chloroethoxy)-
U078 75-35-4 Ethene, 1,1-dichloro-
U079 156-60-5 Ethene, 1,2-dichloro-, (E)-
U210 127-18-4 Ethene, tetrachloro-
U228 79-01-6 Ethene, trichloro-
U112 141-78-6 Ethyl acetate (I)
U113 140-88-5 Ethyl acrylate (I)
U238 51-79-6 Ethyl carbamate (urethane)
U117 60-29-7 Ethyl ether (I)
U114 \1\ 111-54-6 Ethylenebisdithiocarbamic acid, salts
& esters
U067 106-93-4 Ethylene dibromide
U077 107-06-2 Ethylene dichloride
U359 110-80-5 Ethylene glycol monoethyl ether
[[Page 93]]
U115 75-21-8 Ethylene oxide (I,T)
U116 96-45-7 Ethylenethiourea
U076 75-34-3 Ethylidene dichloride
U118 97-63-2 Ethyl methacrylate
U119 62-50-0 Ethyl methanesulfonate
U120 206-44-0 Fluoranthene
U122 50-00-0 Formaldehyde
U123 64-18-6 Formic acid (C,T)
U124 110-00-9 Furan (I)
U125 98-01-1 2-Furancarboxaldehyde (I)
U147 108-31-6 2,5-Furandione
U213 109-99-9 Furan, tetrahydro-(I)
U125 98-01-1 Furfural (I)
U124 110-00-9 Furfuran (I)
U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-
nitrosoureido)-, D-
U206 18883-66-4 D-Glucose, 2-deoxy-2-
[[(methylnitrosoamino)-
carbonyl]amino]-
U126 765-34-4 Glycidylaldehyde
U163 70-25-7 Guanidine, N-methyl-N'-nitro-N-nitroso-
U127 118-74-1 Hexachlorobenzene
U128 87-68-3 Hexachlorobutadiene
U130 77-47-4 Hexachlorocyclopentadiene
U131 67-72-1 Hexachloroethane
U132 70-30-4 Hexachlorophene
U243 1888-71-7 Hexachloropropene
U133 302-01-2 Hydrazine (R,T)
U086 1615-80-1 Hydrazine, 1,2-diethyl-
U098 57-14-7 Hydrazine, 1,1-dimethyl-
U099 540-73-8 Hydrazine, 1,2-dimethyl-
U109 122-66-7 Hydrazine, 1,2-diphenyl-
U134 7664-39-3 Hydrofluoric acid (C,T)
U134 7664-39-3 Hydrogen fluoride (C,T)
U135 7783-06-4 Hydrogen sulfide
U135 7783-06-4 Hydrogen sulfide H2 S
U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-
(R)
U116 96-45-7 2-Imidazolidinethione
U137 193-39-5 Indeno[1,2,3-cd]pyrene
U190 85-44-9 1,3-Isobenzofurandione
U140 78-83-1 Isobutyl alcohol (I,T)
U141 120-58-1 Isosafrole
U142 143-50-0 Kepone
U143 303-34-4 Lasiocarpine
U144 301-04-2 Lead acetate
U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytri-
U145 7446-27-7 Lead phosphate
U146 1335-32-6 Lead subacetate
U129 58-89-9 Lindane
U163 70-25-7 MNNG
U147 108-31-6 Maleic anhydride
U148 123-33-1 Maleic hydrazide
U149 109-77-3 Malononitrile
U150 148-82-3 Melphalan
U151 7439-97-6 Mercury
U152 126-98-7 Methacrylonitrile (I, T)
U092 124-40-3 Methanamine, N-methyl- (I)
U029 74-83-9 Methane, bromo-
U045 74-87-3 Methane, chloro- (I, T)
U046 107-30-2 Methane, chloromethoxy-
U068 74-95-3 Methane, dibromo-
U080 75-09-2 Methane, dichloro-
U075 75-71-8 Methane, dichlorodifluoro-
U138 74-88-4 Methane, iodo-
U119 62-50-0 Methanesulfonic acid, ethyl ester
U211 56-23-5 Methane, tetrachloro-
U153 74-93-1 Methanethiol (I, T)
U225 75-25-2 Methane, tribromo-
U044 67-66-3 Methane, trichloro-
U121 75-69-4 Methane, trichlorofluoro-
U036 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
octachloro-2,3,3a,4,7,7a-hexahydro-
U154 67-56-1 Methanol (I)
U155 91-80-5 Methapyrilene
U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-
[[Page 94]]
U247 72-43-5 Methoxychlor
U154 67-56-1 Methyl alcohol (I)
U029 74-83-9 Methyl bromide
U186 504-60-9 1-Methylbutadiene (I)
U045 74-87-3 Methyl chloride (I,T)
U156 79-22-1 Methyl chlorocarbonate (I,T)
U226 71-55-6 Methyl chloroform
U157 56-49-5 3-Methylcholanthrene
U158 101-14-4 4,4'-Methylenebis(2-chloroaniline)
U068 74-95-3 Methylene bromide
U080 75-09-2 Methylene chloride
U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)
U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)
U138 74-88-4 Methyl iodide
U161 108-10-1 Methyl isobutyl ketone (I)
U162 80-62-6 Methyl methacrylate (I,T)
U161 108-10-1 4-Methyl-2-pentanone (I)
U164 56-04-2 Methylthiouracil
U010 50-07-7 Mitomycin C
U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-
amino-2,3,6-trideoxy)-alpha-L-lyxo-
hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-
U167 134-32-7 1-Naphthalenamine
U168 91-59-8 2-Naphthalenamine
U026 494-03-1 Naphthalenamine, N,N'-bis(2-
chloroethyl)-
U165 91-20-3 Naphthalene
U047 91-58-7 Naphthalene, 2-chloro-
U166 130-15-4 1,4-Naphthalenedione
U236 72-57-1 2,7-Naphthalenedisulfonic acid, 3,3'-
[(3,3'-
dimethyl[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-Naphthoquinone
U167 134-32-7 alpha-Naphthylamine
U168 91-59-8 beta-Naphthylamine
U217 10102-45-1 Nitric acid, thallium(1+) salt
U169 98-95-3 Nitrobenzene (I,T)
U170 100-02-7 p-Nitrophenol
U171 79-46-9 2-Nitropropane (I,T)
U172 924-16-3 N-Nitrosodi-n-butylamine
U173 1116-54-7 N-Nitrosodiethanolamine
U174 55-18-5 N-Nitrosodiethylamine
U176 759-73-9 N-Nitroso-N-ethylurea
U177 684-93-5 N-Nitroso-N-methylurea
U178 615-53-2 N-Nitroso-N-methylurethane
U179 100-75-4 N-Nitrosopiperidine
U180 930-55-2 N-Nitrosopyrrolidine
U181 99-55-8 5-Nitro-o-toluidine
U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide
U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine,
N,N-bis(2-chloroethyl)tetrahydro-, 2-
oxide
U115 75-21-8 Oxirane (I,T)
U126 765-34-4 Oxiranecarboxyaldehyde
U041 106-89-8 Oxirane, (chloromethyl)-
U182 123-63-7 Paraldehyde
U183 608-93-5 Pentachlorobenzene
U184 76-01-7 Pentachloroethane
U185 82-68-8 Pentachloronitrobenzene (PCNB)
See F027 87-86-5 Pentachlorophenol
U161 108-10-1 Pentanol, 4-methyl-
U186 504-60-9 1,3-Pentadiene (I)
U187 62-44-2 Phenacetin
U188 108-95-2 Phenol
U048 95-57-8 Phenol, 2-chloro-
U039 59-50-7 Phenol, 4-chloro-3-methyl-
U081 120-83-2 Phenol, 2,4-dichloro-
U082 87-65-0 Phenol, 2,6-dichloro-
U089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-
ethenediyl)bis-, (E)-
U101 105-67-9 Phenol, 2,4-dimethyl-
U052 1319-77-3 Phenol, methyl-
U132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-
trichloro-
U411 114-26-1 Phenol, 2-(1-methylethoxy)-,
methylcarbamate.
U170 100-02-7 Phenol, 4-nitro-
[[Page 95]]
See F027 87-86-5 Phenol, pentachloro-
See F027 58-90-2 Phenol, 2,3,4,6-tetrachloro-
See F027 95-95-4 Phenol, 2,4,5-trichloro-
See F027 88-06-2 Phenol, 2,4,6-trichloro-
U150 148-82-3 L-Phenylalanine, 4-[bis(2-
chloroethyl)amino]-
U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)
U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S-
methyl ester
U189 1314-80-3 Phosphorus sulfide (R)
U190 85-44-9 Phthalic anhydride
U191 109-06-8 2-Picoline
U179 100-75-4 Piperidine, 1-nitroso-
U192 23950-58-5 Pronamide
U194 107-10-8 1-Propanamine (I,T)
U111 621-64-7 1-Propanamine, N-nitroso-N-propyl-
U110 142-84-7 1-Propanamine, N-propyl- (I)
U066 96-12-8 Propane, 1,2-dibromo-3-chloro-
U083 78-87-5 Propane, 1,2-dichloro-
U149 109-77-3 Propanedinitrile
U171 79-46-9 Propane, 2-nitro- (I,T)
U027 108-60-1 Propane, 2,2'-oxybis[2-chloro-
U193 1120-71-4 1,3-Propane sultone
See F027 93-72-1 Propanoic acid, 2-(2,4,5-
trichlorophenoxy)-
U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate
(3:1)
U140 78-83-1 1-Propanol, 2-methyl- (I,T)
U002 67-64-1 2-Propanone (I)
U007 79-06-1 2-Propenamide
U084 542-75-6 1-Propene, 1,3-dichloro-
U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-
U009 107-13-1 2-Propenenitrile
U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)
U008 79-10-7 2-Propenoic acid (I)
U113 140-88-5 2-Propenoic acid, ethyl ester (I)
U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl
ester
U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl
ester (I,T)
U373 122-42-9 Propham.
U411 114-26-1 Propoxur.
U387 52888-80-9 Prosulfocarb.
U194 107-10-8 n-Propylamine (I,T)
U083 78-87-5 Propylene dichloride
U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro-
U196 110-86-1 Pyridine
U191 109-06-8 Pyridine, 2-methyl-
U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
chloroethyl)amino]-
U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-
methyl-2-thioxo-
U180 930-55-2 Pyrrolidine, 1-nitroso-
U200 50-55-5 Reserpine
U201 108-46-3 Resorcinol
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 SeS2 (R,T)
U015 115-02-6 L-Serine, diazoacetate (ester)
See F027 93-72-1 Silvex (2,4,5-TP)
U206 18883-66-4 Streptozotocin
U103 77-78-1 Sulfuric acid, dimethyl ester
U189 1314-80-3 Sulfur phosphide (R)
See F027 93-76-5 2,4,5-T
U207 95-94-3 1,2,4,5-Tetrachlorobenzene
U208 630-20-6 1,1,1,2-Tetrachloroethane
U209 79-34-5 1,1,2,2-Tetrachloroethane
U210 127-18-4 Tetrachloroethylene
See F027 58-90-2 2,3,4,6-Tetrachlorophenol
[[Page 96]]
U213 109-99-9 Tetrahydrofuran (I)
U214 563-68-8 Thallium(I) acetate
U215 6533-73-9 Thallium(I) carbonate
U216 7791-12-0 Thallium(I) chloride
U216 7791-12-0 thallium chloride TlCl
U217 10102-45-1 Thallium(I) nitrate
U218 62-55-5 Thioacetamide
U410 59669-26-0 Thiodicarb.
U153 74-93-1 Thiomethanol (I,T)
U244 137-26-8 Thioperoxydicarbonic diamide [(H2
N)C(S)]2 S2, tetramethyl-
U409 23564-05-8 Thiophanate-methyl.
U219 62-56-6 Thiourea
U244 137-26-8 Thiram
U220 108-88-3 Toluene
U221 25376-45-8 Toluenediamine
U223 26471-62-5 Toluene diisocyanate (R,T)
U328 95-53-4 o-Toluidine
U353 106-49-0 p-Toluidine
U222 636-21-5 o-Toluidine hydrochloride
U389 2303-17-5 Triallate.
U011 61-82-5 1H-1,2,4-Triazol-3-amine
U226 71-55-6 1,1,1-Trichloroethane
U227 79-00-5 1,1,2-Trichloroethane
U228 79-01-6 Trichloroethylene
U121 75-69-4 Trichloromonofluoromethane
See F027 95-95-4 2,4,5-Trichlorophenol
See F027 88-06-2 2,4,6-Trichlorophenol
U404 121-44-8 Triethylamine.
U234 99-35-4 1,3,5-Trinitrobenzene (R,T)
U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-
U235 126-72-7 Tris(2,3-dibromopropyl) phosphate
U236 72-57-1 Trypan blue
U237 66-75-1 Uracil mustard
U176 759-73-9 Urea, N-ethyl-N-nitroso-
U177 684-93-5 Urea, N-methyl-N-nitroso-
U043 75-01-4 Vinyl chloride
U248 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations of 0.3% or less
U239 1330-20-7 Xylene (I)
U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-, methyl
ester,
(3beta,16beta,17alpha,18beta,20alpha)-
U249 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations of 10% or less
U001 75-07-0 Acetaldehyde (I)
U001 75-07-0 Ethanal (I)
U002 67-64-1 Acetone (I)
U002 67-64-1 2-Propanone (I)
U003 75-05-8 Acetonitrile (I,T)
U004 98-86-2 Acetophenone
U004 98-86-2 Ethanone, 1-phenyl-
U005 53-96-3 Acetamide, -9H-fluoren-2-yl-
U005 53-96-3 2-Acetylaminofluorene
U006 75-36-5 Acetyl chloride (C,R,T)
U007 79-06-1 Acrylamide
U007 79-06-1 2-Propenamide
U008 79-10-7 Acrylic acid (I)
U008 79-10-7 2-Propenoic acid (I)
U009 107-13-1 Acrylonitrile
U009 107-13-1 2-Propenenitrile
U010 50-07-7 Azirino[2',3':3,4]pyrrolo[1,2-a]indole-
4,7-dione, 6-amino-8-
[[(aminocarbonyl)oxy]methyl]-
1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
methyl-, [1aS-(1aalpha,
8beta,8aalpha,8balpha)]-
U010 50-07-7 Mitomycin C
U011 61-82-5 Amitrole
U011 61-82-5 1H-1,2,4-Triazol-3-amine
U012 62-53-3 Aniline (I,T)
U012 62-53-3 Benzenamine (I,T)
U014 492-80-8 Auramine
U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,N-
dimethyl-
U015 115-02-6 Azaserine
U015 115-02-6 L-Serine, diazoacetate (ester)
U016 225-51-4 Benz[c]acridine
U017 98-87-3 Benzal chloride
[[Page 97]]
U017 98-87-3 Benzene, (dichloromethyl)-
U018 56-55-3 Benz[a]anthracene
U019 71-43-2 Benzene (I,T)
U020 98-09-9 Benzenesulfonic acid chloride (C,R)
U020 98-09-9 Benzenesulfonyl chloride (C,R)
U021 92-87-5 Benzidine
U021 92-87-5 [1,1'-Biphenyl]-4,4'-diamine
U022 50-32-8 Benzo[a]pyrene
U023 98-07-7 Benzene, (trichloromethyl)-
U023 98-07-7 Benzotrichloride (C,R,T)
U024 111-91-1 Dichloromethoxy ethane
U024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-
chloro-
U025 111-44-4 Dichloroethyl ether
U025 111-44-4 Ethane, 1,1'-oxybis[2-chloro-
U026 494-03-1 Chlornaphazin
U026 494-03-1 Naphthalenamine, N,N'-bis(2-
chloroethyl)-
U027 108-60-1 Dichloroisopropyl ether
U027 108-60-1 Propane, 2,2'-oxybis[2-chloro-
U028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-
ethylhexyl) ester
U028 117-81-7 Diethylhexyl phthalate
U029 74-83-9 Methane, bromo-
U029 74-83-9 Methyl bromide
U030 101-55-3 Benzene, 1-bromo-4-phenoxy-
U030 101-55-3 4-Bromophenyl phenyl ether
U031 71-36-3 1-Butanol (I)
U031 71-36-3 n-Butyl alcohol (I)
U032 13765-19-0 Calcium chromate
U032 13765-19-0 Chromic acid H2 CrO4, calcium salt
U033 353-50-4 Carbonic difluoride
U033 353-50-4 Carbon oxyfluoride (R,T)
U034 75-87-6 Acetaldehyde, trichloro-
U034 75-87-6 Chloral
U035 305-03-3 Benzenebutanoic acid, 4-[bis(2-
chloroethyl)amino]-
U035 305-03-3 Chlorambucil
U036 57-74-9 Chlordane, alpha & gamma isomers
U036 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
octachloro-2,3,3a,4,7,7a-hexahydro-
U037 108-90-7 Benzene, chloro-
U037 108-90-7 Chlorobenzene
U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-
chlorophenyl)-alpha-hydroxy-, ethyl
ester
U038 510-15-6 Chlorobenzilate
U039 59-50-7 p-Chloro-m-cresol
U039 59-50-7 Phenol, 4-chloro-3-methyl-
U041 106-89-8 Epichlorohydrin
U041 106-89-8 Oxirane, (chloromethyl)-
U042 110-75-8 2-Chloroethyl vinyl ether
U042 110-75-8 Ethene, (2-chloroethoxy)-
U043 75-01-4 Ethene, chloro-
U043 75-01-4 Vinyl chloride
U044 67-66-3 Chloroform
U044 67-66-3 Methane, trichloro-
U045 74-87-3 Methane, chloro- (I,T)
U045 74-87-3 Methyl chloride (I,T)
U046 107-30-2 Chloromethyl methyl ether
U046 107-30-2 Methane, chloromethoxy-
U047 91-58-7 beta-Chloronaphthalene
U047 91-58-7 Naphthalene, 2-chloro-
U048 95-57-8 o-Chlorophenol
U048 95-57-8 Phenol, 2-chloro-
U049 3165-93-3 Benzenamine, 4-chloro-2-methyl-,
hydrochloride
U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride
U050 218-01-9 Chrysene
U051 ............ Creosote
U052 1319-77-3 Cresol (Cresylic acid)
U052 1319-77-3 Phenol, methyl-
U053 4170-30-3 2-Butenal
U053 4170-30-3 Crotonaldehyde
U055 98-82-8 Benzene, (1-methylethyl)-(I)
U055 98-82-8 Cumene (I)
U056 110-82-7 Benzene, hexahydro-(I)
U056 110-82-7 Cyclohexane (I)
U057 108-94-1 Cyclohexanone (I)
U058 50-18-0 Cyclophosphamide
[[Page 98]]
U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-
bis(2-chloroethyl)tetrahydro-, 2-
oxide
U059 20830-81-3 Daunomycin
U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-
amino-2,3,6-trideoxy)-alpha-L-lyxo-
hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-
U060 72-54-8 Benzene, 1,1'-(2,2-
dichloroethylidene)bis[4-chloro-
U060 72-54-8 DDD
U061 50-29-3 Benzene, 1,1'-(2,2,2-
trichloroethylidene)bis[4-chloro-
U061 50-29-3 DDT
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3-di chloro-2-propenyl) ester
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz[a,h]anthracene
U064 189-55-9 Benzo[rst]pentaphene
U064 189-55-9 Dibenzo[a,i]pyrene
U066 96-12-8 1,2-Dibromo-3-chloropropane
U066 96-12-8 Propane, 1,2-dibromo-3-chloro-
U067 106-93-4 Ethane, 1,2-dibromo-
U067 106-93-4 Ethylene dibromide
U068 74-95-3 Methane, dibromo-
U068 74-95-3 Methylene bromide
U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl
ester
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 Benzene, 1,2-dichloro-
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 Benzene, 1,3-dichloro-
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 Benzene, 1,4-dichloro-
U072 106-46-7 p-Dichlorobenzene
U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dichloro-
U073 91-94-1 3,3'-Dichlorobenzidine
U074 764-41-0 2-Butene, 1,4-dichloro-(I,T)
U074 764-41-0 1,4-Dichloro-2-butene (I,T)
U075 75-71-8 Dichlorodifluoromethane
U075 75-71-8 Methane, dichlorodifluoro-
U076 75-34-3 Ethane, 1,1-dichloro-
U076 75-34-3 Ethylidene dichloride
U077 107-06-2 Ethane, 1,2-dichloro-
U077 107-06-2 Ethylene dichloride
U078 75-35-4 1,1-Dichloroethylene
U078 75-35-4 Ethene, 1,1-dichloro-
U079 156-60-5 1,2-Dichloroethylene
U079 156-60-5 Ethene, 1,2-dichloro-, (E)-
U080 75-09-2 Methane, dichloro-
U080 75-09-2 Methylene chloride
U081 120-83-2 2,4-Dichlorophenol
U081 120-83-2 Phenol, 2,4-dichloro-
U082 87-65-0 2,6-Dichlorophenol
U082 87-65-0 Phenol, 2,6-dichloro-
U083 78-87-5 Propane, 1,2-dichloro-
U083 78-87-5 Propylene dichloride
U084 542-75-6 1,3-Dichloropropene
U084 542-75-6 1-Propene, 1,3-dichloro-
U085 1464-53-5 2,2'-Bioxirane
U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)
U086 1615-80-1 N,N'-Diethylhydrazine
U086 1615-80-1 Hydrazine, 1,2-diethyl-
U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate
U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S-
methyl ester
U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl
ester
U088 84-66-2 Diethyl phthalate
U089 56-53-1 Diethylstilbesterol
U089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-
ethenediyl)bis-, (E)-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U090 94-58-6 Dihydrosafrole
U091 119-90-4 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dimethoxy-
U091 119-90-4 3,3'-Dimethoxybenzidine
U092 124-40-3 Dimethylamine (I)
U092 124-40-3 Methanamine, -methyl-(I)
U093 60-11-7 Benzenamine, N,N-dimethyl-4-
(phenylazo)-
U093 60-11-7 p-Dimethylaminoazobenzene
U094 57-97-6 Benz[a]anthracene, 7,12-dimethyl-
U094 57-97-6 7,12-Dimethylbenz[a]anthracene
U095 119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dimethyl-
[[Page 99]]
U095 119-93-7 3,3'-Dimethylbenzidine
U096 80-15-9 alpha,alpha-
Dimethylbenzylhydroperoxide (R)
U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-
(R)
U097 79-44-7 Carbamic chloride, dimethyl-
U097 79-44-7 Dimethylcarbamoyl chloride
U098 57-14-7 1,1-Dimethylhydrazine
U098 57-14-7 Hydrazine, 1,1-dimethyl-
U099 540-73-8 1,2-Dimethylhydrazine
U099 540-73-8 Hydrazine, 1,2-dimethyl-
U101 105-67-9 2,4-Dimethylphenol
U101 105-67-9 Phenol, 2,4-dimethyl-
U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl
ester
U102 131-11-3 Dimethyl phthalate
U103 77-78-1 Dimethyl sulfate
U103 77-78-1 Sulfuric acid, dimethyl ester
U105 121-14-2 Benzene, 1-methyl-2,4-dinitro-
U105 121-14-2 2,4-Dinitrotoluene
U106 606-20-2 Benzene, 2-methyl-1,3-dinitro-
U106 606-20-2 2,6-Dinitrotoluene
U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl
ester
U107 117-84-0 Di-n-octyl phthalate
U108 123-91-1 1,4-Diethyleneoxide
U108 123-91-1 1,4-Dioxane
U109 122-66-7 1,2-Diphenylhydrazine
U109 122-66-7 Hydrazine, 1,2-diphenyl-
U110 142-84-7 Dipropylamine (I)
U110 142-84-7 1-Propanamine, N-propyl-(I)
U111 621-64-7 Di-n-propylnitrosamine
U111 621-64-7 1-Propanamine, N-nitroso-N-propyl-
U112 141-78-6 Acetic acid ethyl ester (I)
U112 141-78-6 Ethyl acetate (I)
U113 140-88-5 Ethyl acrylate (I)
U113 140-88-5 2-Propenoic acid, ethyl ester (I)
U114 \1\111-54-6 Carbamodithioic acid, 1,2-
ethanediylbis-, salts & esters
U114 \1\111-54-6 Ethylenebisdithiocarbamic acid, salts
& esters
U115 75-21-8 Ethylene oxide (I,T)
U115 75-21-8 Oxirane (I,T)
U116 96-45-7 Ethylenethiourea
U116 96-45-7 2-Imidazolidinethione
U117 60-29-7 Ethane, 1,1'-oxybis-(I)
U117 60-29-7 Ethyl ether (I)
U118 97-63-2 Ethyl methacrylate
U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl
ester
U119 62-50-0 Ethyl methanesulfonate
U119 62-50-0 Methanesulfonic acid, ethyl ester
U120 206-44-0 Fluoranthene
U121 75-69-4 Methane, trichlorofluoro-
U121 75-69-4 Trichloromonofluoromethane
U122 50-00-0 Formaldehyde
U123 64-18-6 Formic acid (C,T)
U124 110-00-9 Furan (I)
U124 110-00-9 Furfuran (I)
U125 98-01-1 2-Furancarboxaldehyde (I)
U125 98-01-1 Furfural (I)
U126 765-34-4 Glycidylaldehyde
U126 765-34-4 Oxiranecarboxyaldehyde
U127 118-74-1 Benzene, hexachloro-
U127 118-74-1 Hexachlorobenzene
U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U128 87-68-3 Hexachlorobutadiene
U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6b
eta)-
U129 58-89-9 Lindane
U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
U130 77-47-4 Hexachlorocyclopentadiene
U131 67-72-1 Ethane, hexachloro-
U131 67-72-1 Hexachloroethane
U132 70-30-4 Hexachlorophene
U132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-
trichloro-
U133 302-01-2 Hydrazine (R,T)
U134 7664-39-3 Hydrofluoric acid (C,T)
U134 7664-39-3 Hydrogen fluoride (C,T)
U135 7783-06-4 Hydrogen sulfide
[[Page 100]]
U135 7783-06-4 Hydrogen sulfide H2S
U136 75-60-5 Arsinic acid, dimethyl-
U136 75-60-5 Cacodylic acid
U137 193-39-5 Indeno[1,2,3-cd]pyrene
U138 74-88-4 Methane, iodo-
U138 74-88-4 Methyl iodide
U140 78-83-1 Isobutyl alcohol (I,T)
U140 78-83-1 1-Propanol, 2-methyl- (I,T)
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U141 120-58-1 Isosafrole
U142 143-50-0 Kepone
U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-
U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-
dihydroxy-2-(1-methoxyethyl)-3-methyl-
1-oxobutoxy]methyl]-2,3,5,7a-
tetrahydro-1H-pyrrolizin-1-yl ester,
[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U143 303-34-4 Lasiocarpine
U144 301-04-2 Acetic acid, lead(2+) salt
U144 301-04-2 Lead acetate
U145 7446-27-7 Lead phosphate
U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)
U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytri-
U146 1335-32-6 Lead subacetate
U147 108-31-6 2,5-Furandione
U147 108-31-6 Maleic anhydride
U148 123-33-1 Maleic hydrazide
U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro-
U149 109-77-3 Malononitrile
U149 109-77-3 Propanedinitrile
U150 148-82-3 Melphalan
U150 148-82-3 L-Phenylalanine, 4-[bis(2-
chloroethyl)amino]-
U151 7439-97-6 Mercury
U152 126-98-7 Methacrylonitrile (I,T)
U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)
U153 74-93-1 Methanethiol (I,T)
U153 74-93-1 Thiomethanol (I,T)
U154 67-56-1 Methanol (I)
U154 67-56-1 Methyl alcohol (I)
U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-
pyridinyl-N'-(2-thienylmethyl)-
U155 91-80-5 Methapyrilene
U156 79-22-1 Carbonochloridic acid, methyl ester
(I,T)
U156 79-22-1 Methyl chlorocarbonate (I,T)
U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-
methyl-
U157 56-49-5 3-Methylcholanthrene
U158 101-14-4 Benzenamine, 4,4'-methylenebis[2-
chloro-
U158 101-14-4 4,4'-Methylenebis(2-chloroaniline)
U159 78-93-3 2-Butanone (I,T)
U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)
U160 1338-23-4 2-Butanone, peroxide (R,T)
U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)
U161 108-10-1 Methyl isobutyl ketone (I)
U161 108-10-1 4-Methyl-2-pentanone (I)
U161 108-10-1 Pentanol, 4-methyl-
U162 80-62-6 Methyl methacrylate (I,T)
U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl
ester (I,T)
U163 70-25-7 Guanidine, -methyl-N'-nitro-N-nitroso-
U163 70-25-7 MNNG
U164 56-04-2 Methylthiouracil
U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-
methyl-2-thioxo-
U165 91-20-3 Naphthalene
U166 130-15-4 1,4-Naphthalenedione
U166 130-15-4 1,4-Naphthoquinone
U167 134-32-7 1-Naphthalenamine
U167 134-32-7 alpha-Naphthylamine
U168 91-59-8 2-Naphthalenamine
U168 91-59-8 beta-Naphthylamine
U169 98-95-3 Benzene, nitro-
U169 98-95-3 Nitrobenzene (I,T)
U170 100-02-7 p-Nitrophenol
U170 100-02-7 Phenol, 4-nitro-
U171 79-46-9 2-Nitropropane (I,T)
U171 79-46-9 Propane, 2-nitro- (I,T)
U172 924-16-3 1-Butanamine, N-butyl-N-nitroso-
U172 924-16-3 N-Nitrosodi-n-butylamine
[[Page 101]]
U173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis-
U173 1116-54-7 N-Nitrosodiethanolamine
U174 55-18-5 Ethanamine, -ethyl-N-nitroso-
U174 55-18-5 N-Nitrosodiethylamine
U176 759-73-9 N-Nitroso-N-ethylurea
U176 759-73-9 Urea, N-ethyl-N-nitroso-
U177 684-93-5 N-Nitroso-N-methylurea
U177 684-93-5 Urea, N-methyl-N-nitroso-
U178 615-53-2 Carbamic acid, methylnitroso-, ethyl
ester
U178 615-53-2 N-Nitroso-N-methylurethane
U179 100-75-4 N-Nitrosopiperidine
U179 100-75-4 Piperidine, 1-nitroso-
U180 930-55-2 N-Nitrosopyrrolidine
U180 930-55-2 Pyrrolidine, 1-nitroso-
U181 99-55-8 Benzenamine, 2-methyl-5-nitro-
U181 99-55-8 5-Nitro-o-toluidine
U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-
U182 123-63-7 Paraldehyde
U183 608-93-5 Benzene, pentachloro-
U183 608-93-5 Pentachlorobenzene
U184 76-01-7 Ethane, pentachloro-
U184 76-01-7 Pentachloroethane
U185 82-68-8 Benzene, pentachloronitro-
U185 82-68-8 Pentachloronitrobenzene (PCNB)
U186 504-60-9 1-Methylbutadiene (I)
U186 504-60-9 1,3-Pentadiene (I)
U187 62-44-2 Acetamide, -(4-ethoxyphenyl)-
U187 62-44-2 Phenacetin
U188 108-95-2 Phenol
U189 1314-80-3 Phosphorus sulfide (R)
U189 1314-80-3 Sulfur phosphide (R)
U190 85-44-9 1,3-Isobenzofurandione
U190 85-44-9 Phthalic anhydride
U191 109-06-8 2-Picoline
U191 109-06-8 Pyridine, 2-methyl-
U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)-
U192 23950-58-5 Pronamide
U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide
U193 1120-71-4 1,3-Propane sultone
U194 107-10-8 1-Propanamine (I,T)
U194 107-10-8 n-Propylamine (I,T)
U196 110-86-1 Pyridine
U197 106-51-4 p-Benzoquinone
U197 106-51-4 2,5-Cyclohexadiene-1,4-dione
U200 50-55-5 Reserpine
U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-, methyl
ester,(3beta,16beta,17alpha,18beta,20
alpha)-
U201 108-46-3 1,3-Benzenediol
U201 108-46-3 Resorcinol
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
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 SeS2 (R,T)
U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-
nitrosoureido)-, D-
U206 18883-66-4 D-Glucose, 2-deoxy-2-
[[(methylnitrosoamino)-
carbonyl]amino]-
U206 18883-66-4 Streptozotocin
U207 95-94-3 Benzene, 1,2,4,5-tetrachloro-
U207 95-94-3 1,2,4,5-Tetrachlorobenzene
U208 630-20-6 Ethane, 1,1,1,2-tetrachloro-
U208 630-20-6 1,1,1,2-Tetrachloroethane
U209 79-34-5 Ethane, 1,1,2,2-tetrachloro-
U209 79-34-5 1,1,2,2-Tetrachloroethane
U210 127-18-4 Ethene, tetrachloro-
U210 127-18-4 Tetrachloroethylene
U211 56-23-5 Carbon tetrachloride
U211 56-23-5 Methane, tetrachloro-
U213 109-99-9 Furan, tetrahydro-(I)
U213 109-99-9 Tetrahydrofuran (I)
U214 563-68-8 Acetic acid, thallium(1+) salt
U214 563-68-8 Thallium(I) acetate
[[Page 102]]
U215 6533-73-9 Carbonic acid, dithallium(1+) salt
U215 6533-73-9 Thallium(I) carbonate
U216 7791-12-0 Thallium(I) chloride
U216 7791-12-0 Thallium chloride TlCl
U217 10102-45-1 Nitric acid, thallium(1+) salt
U217 10102-45-1 Thallium(I) nitrate
U218 62-55-5 Ethanethioamide
U218 62-55-5 Thioacetamide
U219 62-56-6 Thiourea
U220 108-88-3 Benzene, methyl-
U220 108-88-3 Toluene
U221 25376-45-8 Benzenediamine, ar-methyl-
U221 25376-45-8 Toluenediamine
U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride
U222 636-21-5 o-Toluidine hydrochloride
U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)
U223 26471-62-5 Toluene diisocyanate (R,T)
U225 75-25-2 Bromoform
U225 75-25-2 Methane, tribromo-
U226 71-55-6 Ethane, 1,1,1-trichloro-
U226 71-55-6 Methyl chloroform
U226 71-55-6 1,1,1-Trichloroethane
U227 79-00-5 Ethane, 1,1,2-trichloro-
U227 79-00-5 1,1,2-Trichloroethane
U228 79-01-6 Ethene, trichloro-
U228 79-01-6 Trichloroethylene
U234 99-35-4 Benzene, 1,3,5-trinitro-
U234 99-35-4 1,3,5-Trinitrobenzene (R,T)
U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate
(3:1)
U235 126-72-7 Tris(2,3-dibromopropyl) phosphate
U236 72-57-1 2,7-Naphthalenedisulfonic acid, 3,3'-
[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-
diyl)bis(azo)bis[5-amino-4-hydroxy]-,
tetrasodium salt
U236 72-57-1 Trypan blue
U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
chloroethyl)amino]-
U237 66-75-1 Uracil mustard
U238 51-79-6 Carbamic acid, ethyl ester
U238 51-79-6 Ethyl carbamate (urethane)
U239 1330-20-7 Benzene, dimethyl- (I,T)
U239 1330-20-7 Xylene (I)
U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-,
salts & esters
U240 \1\ 94-75-7 2,4-D, salts & esters
U243 1888-71-7 Hexachloropropene
U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-
U244 137-26-8 Thioperoxydicarbonic diamide
[(H2N)C(S)]2 S2, tetramethyl-
U244 137-26-8 Thiram
U246 506-68-3 Cyanogen bromide (CN)Br
U247 72-43-5 Benzene, 1,1'-(2,2,2-
trichloroethylidene)bis[4- methoxy-
U247 72-43-5 Methoxychlor
U248 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenyl-butyl)-, & salts, when
present at concentrations of 0.3% or
less
U248 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations of 0.3% or less
U249 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations of 10% or less
U271 17804-35-2 Benomyl
U271 17804-35-2 Carbamic acid, [1-
[(butylamino)carbonyl]-1H-
benzimidazol-2-yl]-, methyl ester
U278 22781-23-3 Bendiocarb
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate
U279 63-25-2 Carbaryl
U279 63-25-2 1-Naphthalenol, methylcarbamate
U280 101-27-9 Barban
U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-
chloro-2-butynyl ester
U328 95-53-4 Benzenamine, 2-methyl-
U328 95-53-4 o-Toluidine
U353 106-49-0 Benzenamine, 4-methyl-
U353 106-49-0 p-Toluidine
U359 110-80-5 Ethanol, 2-ethoxy-
U359 110-80-5 Ethylene glycol monoethyl ether
U364 22961-82-6 Bendiocarb phenol
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U367 1563-38-8 Carbofuran phenol
U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl,
methyl ester
U372 10605-21-7 Carbendazim
[[Page 103]]
U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl
ester
U373 122-42-9 Propham
U387 52888-80-9 Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester
U387 52888-80-9 Prosulfocarb
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3,3-trichloro-2-propenyl)
ester
U389 2303-17-5 Triallate
U394 30558-43-1 A2213
U394 30558-43-1 Ethanimidothioic acid, 2-
(dimethylamino)-N-hydroxy-2-oxo-,
methyl ester
U395 5952-26-1 Diethylene glycol, dicarbamate
U395 5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate
U404 121-44-8 Ethanamine, N,N-diethyl-
U404 121-44-8 Triethylamine
U409 23564-05-8 Carbamic acid, [1,2-phenylenebis
(iminocarbonothioyl)]bis-, dimethyl
ester
U409 23564-05-8 Thiophanate-methyl
U410 59669-26-0 Ethanimidothioic acid, N,N'-
[thiobis[(methylimino)carbonyloxy]]bi
s-, dimethyl ester
U410 59669-26-0 Thiodicarb
U411 114-26-1 Phenol, 2-(1-methylethoxy)-,
methylcarbamate
U411 114-26-1 Propoxur
See F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
See F027 87-86-5 Pentachlorophenol
See F027 87-86-5 Phenol, pentachloro-
See F027 58-90-2 Phenol, 2,3,4,6-tetrachloro-
See F027 95-95-4 Phenol, 2,4,5-trichloro-
See F027 88-06-2 Phenol, 2,4,6-trichloro-
See F027 93-72-1 Propanoic acid, 2-(2,4,5-
trichlorophenoxy)-
See F027 93-72-1 Silvex (2,4,5-TP)
See F027 93-76-5 2,4,5-T
See F027 58-90-2 2,3,4,6-Tetrachlorophenol
See F027 95-95-4 2,4,5-Trichlorophenol
See F027 88-06-2 2,4,6-Trichlorophenol
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
[45 FR 78529, 78541, Nov. 25, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 261.33, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 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.
[[Page 104]]
(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 by using an appropriate method.
(B) ``Not detected'' means at or below the following lower method
calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per
trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt,
final extraction volume of 10-50 [mu]L. For other congeners--multiply
the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/
HpCDF, and by 5 for OCDD/OCDF.
(iv) The generator must manage all residues from the cleaning
process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment replacement plan that
describes:
(A) The equipment to be replaced;
(B) How the equipment will be replaced; and
(C) How the equipment will be disposed.
(ii) The generator must manage the discarded equipment as F032
waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning and/or replacement was
performed in accordance with this section and occurred after cessation
of use of chlorophenolic preservatives.
(c) The generator must maintain the following records documenting
the cleaning and replacement as part of the facility's operating record:
(1) The name and address of the facility;
(2) Formulations previously used and the date on which their use
ceased in each process at the plant;
(3) Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement plan;
(5) The name and address of any persons who conducted the cleaning
and replacement;
(6) The dates on which cleaning and replacement were accomplished;
(7) The dates of sampling and testing;
(8) A description of the sample handling and preparation techniques,
including techniques used for extraction, containerization,
preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the date the tests were
performed, and the results of the tests;
(10) The name and model numbers of the instrument(s) used in
performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the generator or his
authorized representative:
I certify under penalty of law that all process equipment required
to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as
represented in the equipment cleaning and replacement plan and
accompanying documentation. I am aware that there are significant
penalties for providing false information, including the possibility of
fine or imprisonment.
[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991; 70
FR 34561, June 14, 2005]
Subpart E_Exclusions/Exemptions
Source: 71 FR 42948, July 28, 2006, unless otherwise noted.
[[Page 105]]
Sec. 261.38 Exclusion of comparable fuel and syngas fuel.
(a) Specifications for excluded fuels. Wastes that meet the
specifications for comparable fuel or syngas fuel under paragraphs
(a)(1) or (a)(2) of this section, respectively, and the other
requirements of this section, are not solid wastes.
(1) Comparable fuel specifications.--(i) Physical specifications.--
(A) Heating value. The heating value must exceed 5,000 Btu/lbs. (11,500
J/g).
(B) Viscosity. The viscosity must not exceed: 50 cS, as-fired.
(ii) Constituent specifications. For compounds listed in Table 1 to
this section, the specification levels and, where non-detect is the
specification, minimum required detection limits are: (see Table 1 of
this section).
(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;
(ii) Contain less than 1 ppmv of total halogen;
(iii) Contain less than 300 ppmv of total nitrogen other than
diatomic nitrogen (N2);
(iv) Contain less than 200 ppmv of hydrogen sulfide; and
(v) Contain less than 1 ppmv of each hazardous constituent in the
target list of appendix VIII constituents of this part.
(3) Blending to meet the specifications. (i) Hazardous waste shall
not be blended to meet the comparable fuel specification under paragraph
(a)(1) of this section, except as provided by paragraph (a)(3)(ii) of
this section:
(ii) Blending to meet the viscosity specification. A hazardous waste
blended to meet the viscosity specification for comparable fuel shall:
(A) As generated and prior to any blending, manipulation, or
processing, meet the constituent and heating value specifications of
paragraphs (a)(1)(i)(A) and (a)(1)(ii) of this section;
(B) Be blended at a facility that is subject to the applicable
requirements of parts 264, 265, or 267 or Sec. 262.34 of this chapter;
and
(C) Not violate the dilution prohibition of paragraph (a)(6) of this
section.
(4) Treatment to meet the comparable fuel specifications. (i) A
hazardous waste may be treated to meet the specifications for comparable
fuel set forth in paragraph (a)(1) of this section provided the
treatment:
(A) Destroys or removes the constituents listed in the specification
or raises the heating value by removing or destroying hazardous
constituents or materials;
(B) Is performed at a facility that is subject to the applicable
requirements of parts 264, 265, or 267, or Sec. 262.34 of this chapter;
and
(C) Does not violate the dilution prohibition of paragraph (a)(6) of
this section.
(ii) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a comparable fuel remain a
hazardous waste.
(5) Generation of a syngas fuel. (i) A syngas fuel can be generated
from the processing of hazardous wastes to meet the exclusion
specifications of paragraph (a)(2) of this section provided the
processing:
(A) Destroys or removes the constituents listed in the specification
or raises the heating value by removing or destroying constituents or
materials;
(B) Is performed at a facility that is subject to the applicable
requirements of parts 264, 265, or 267, or Sec. 262.34 of this chapter
or is an exempt recycling unit pursuant to Sec. 261.6(c); and
(C) Does not violate the dilution prohibition of paragraph (a)(6) of
this section.
(ii) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a syngas fuel remain a
hazardous waste.
(6) Dilution prohibition. 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 specifications of
paragraphs (a)(1)(i)(A) or (a)(1)(ii) of this section for comparable
fuel, or paragraph (a)(2) of this section for syngas.
(b) Implementation.--(1) General.--(i) Wastes that meet the
specifications provided by paragraph (a) of this section for comparable
fuel or syngas fuel are excluded from the definition of
[[Page 106]]
solid waste provided that the conditions under this section are met. For
purposes of this section, such materials are called excluded fuel; the
person claiming and qualifying for the exclusion is called the excluded
fuel generator and the person burning the excluded fuel is called the
excluded fuel burner.
(ii) The person who generates the excluded fuel must claim the
exclusion by complying with the conditions of this section and keeping
records necessary to document compliance with those conditions.
(2) Notices. (i) Notices to State RCRA and CAA Directors in
authorized States or regional RCRA and CAA Directors in unauthorized
States. (A) The generator must submit a one-time notice, except as
provided by paragraph (b)(2)(i)(C) of this section, to the Regional or
State RCRA and CAA Directors, in whose jurisdiction the exclusion is
being claimed and where the excluded fuel will be burned, certifying
compliance with the conditions of the exclusion and providing the
following documentation:
(1) The name, address, and RCRA ID number of the person/facility
claiming the exclusion;
(2) The applicable EPA Hazardous Waste Code(s) that would otherwise
apply to the excluded fuel;
(3) The name and address of the units meeting the requirements of
paragraphs (b)(3) and (c) of this section, that will burn the excluded
fuel;
(4) An estimate of the average and maximum monthly and annual
quantity of material for which an exclusion would be claimed, except as
provided by paragraph (b)(2)(i)(C) of this section; and
(5) The following statement, which shall be signed and submitted by
the person claiming the exclusion or his authorized representative:
Under penalty of criminal and civil prosecution for making or
submitting false statements, representations, or omissions, I certify
that the requirements of 40 CFR 261.38 have been met for all comparable
fuels identified in this notification. Copies of the records and
information required at 40 CFR 261.38(b)(8) are available at the
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.
(B) If there is a substantive change in the information provided in
the notice required under this paragraph, the generator must submit a
revised notification.
(C) Excluded fuel generators must include an estimate of the average
and maximum monthly and annual quantity of material for which an
exclusion would be claimed only in notices submitted after December 19,
2008 for newly excluded fuel or for revised notices as required by
paragraph (b)(2)(i)(B) of this section.
(ii) Public notice. Prior to burning an excluded 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 Fuel Excluded Under the Resource Conservation and Recovery
Act'' and containing the following information:
(A) Name, address, and RCRA ID number of the generating
facility(ies);
(B) Name and address of the burner and identification of the unit(s)
that will burn the excluded fuel;
(C) A brief, general description of the manufacturing, treatment, or
other process generating the excluded fuel;
(D) An estimate of the average and maximum monthly and annual
quantity of the excluded fuel to be burned; and
(E) Name and mailing address of the Regional or State Directors to
whom the generator submitted a claim for the exclusion.
(3) Burning. The exclusion 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 requirements
implementing section 112 of the Clean Air Act:
(i) Industrial furnaces as defined in Sec. 260.10 of this chapter;
(ii) Boilers, as defined in Sec. 260.10 of this chapter, that are
further defined as follows:
(A) Industrial boilers located on the site of a facility engaged in
a manufacturing process where substances are
[[Page 107]]
transformed into new products, including the component parts of
products, by mechanical or chemical processes; or
(B) Utility boilers used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale;
(iii) Hazardous waste incinerators subject to regulation under
subpart O of parts 264 or 265 of this chapter and applicable CAA MACT
standards.
(iv) Gas turbines used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale.
(4) Fuel analysis plan for generators. The generator of an excluded
fuel shall develop and follow a written fuel analysis plan which
describes the procedures for sampling and analysis of the material to be
excluded. The plan shall be followed and retained at the site of the
generator claiming the exclusion.
(i) At a minimum, the plan must specify:
(A) The parameters for which each excluded fuel will be analyzed and
the rationale for the selection of those parameters;
(B) The test methods which will be used to test for these
parameters;
(C) The sampling method which will be used to obtain a
representative sample of the excluded fuel to be analyzed;
(D) The frequency with which the initial analysis of the excluded
fuel will be reviewed or repeated to ensure that the analysis is
accurate and up to date; and
(E) If process knowledge is used in the determination, any
information prepared by the generator in making such determination.
(ii) For each analysis, the generator shall document the following:
(A) The dates and times that samples were obtained, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the
samples;
(C) A description of the temporal and spatial locations of the
samples;
(D) The name and address of the laboratory facility at which
analyses of the samples were performed;
(E) A description of the analytical methods used, including any
clean-up and sample preparation methods;
(F) All quantitation limits achieved and all other quality control
results for the analysis (including method blanks, duplicate analyses,
matrix spikes, etc.), laboratory quality assurance data, and the
description of any deviations from analytical methods written in the
plan or from any other activity written in the plan which occurred;
(G) All laboratory results demonstrating whether the exclusion
specifications have been met; and
(H) All laboratory documentation that support the analytical
results, unless a contract between the claimant and the laboratory
provides for the documentation to be maintained by the laboratory for
the period specified in paragraph (b)(9) of this section and also
provides for the availability of the documentation to the claimant upon
request.
(iii) Syngas fuel generators shall submit for approval, prior to
performing sampling, analysis, or any management of an excluded syngas
fuel, a fuel analysis plan containing the elements of paragraph
(b)(4)(i) of this section to the appropriate regulatory authority. The
approval of fuel 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 fuel analysis plan may
contain such provisions and conditions as the regulatory authority deems
appropriate.
(5) Excluded fuel sampling and analysis. (i) General. For wastes for
which an exclusion is claimed under the specifications provided by
paragraphs (a)(1) or (a)(2) of this section, the generator of the waste
must test for all the constituents in appendix VIII to this part, except
those that the generator determines, based on testing or knowledge,
should not be present in the fuel. The generator is required to document
the basis of each determination that a constituent with an applicable
specification should not be present. The generator may not determine
that any of the following categories of constituents with a
specification in Table 1 to this section should not be present:
(A) A constituent that triggered the toxicity characteristic for the
constituents that were the basis for listing the hazardous secondary
material as a
[[Page 108]]
hazardous waste, or constituents for which there is a treatment standard
for the waste code in 40 CFR 268.40;
(B) A constituent detected in previous analysis of the waste;
(C) Constituents introduced into the process that generates the
waste; or
(D) Constituents that are byproducts or side reactions to the
process that generates the waste.
Note to paragraph (b)(5):
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 excluded fuel above the exclusion
specifications.
(ii) Use of process knowledge. For each waste for which the
comparable fuel or syngas exclusion is claimed where the generator of
the excluded fuel is not the original generator of the hazardous waste,
the generator of the excluded fuel may not use process knowledge
pursuant to paragraph (b)(5)(i) of this section and must test to
determine that all of the constituent specifications of paragraphs
(a)(1) and (a)(2) of this section, as applicable, have been met.
(iii) The excluded 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 excluded fuel. For the fuel to be
eligible for exclusion, a generator must demonstrate that:
(A) The 95% upper confidence limit of the mean concentration for
each constituent of concern is not above the specification level; and
(B) The analyses could have detected the presence of the constituent
at or below the specification level.
(iv) Nothing in this paragraph preempts, overrides or otherwise
negates the provision in Sec. 262.11 of this chapter, which requires any
person who generates a solid waste to determine if that waste is a
hazardous waste.
(v) In an enforcement action, the burden of proof to establish
conformance with the exclusion specification shall be on the generator
claiming the exclusion.
(vi) The generator must conduct sampling and analysis in accordance
with the fuel analysis plan developed under paragraph (b)(4) of this
section.
(vii) Viscosity condition for comparable fuel. (A) Excluded
comparable fuel that has not been blended to meet the kinematic
viscosity specification shall be analyzed as-generated.
(B) If hazardous waste is blended to meet the kinematic viscosity
specification for comparable fuel, the generator shall:
(1) Analyze the hazardous waste as-generated to ensure that it meets
the constituent and heating value specifications of paragraph (a)(1) of
this section; and
(2) After blending, analyze the fuel again to ensure that the
blended fuel meets all comparable fuel specifications.
(viii) Excluded fuel must be re-tested, at a minimum, annually and
must be retested after a process change that could change its chemical
or physical properties in a manner than may affect conformance with the
specifications.
(6) (Reserved)
(7) Speculative accumulation. Excluded fuel must not be accumulated
speculatively, as defined in Sec. 261.1(c)(8).
(8) Operating record. The generator must maintain an operating
record on site containing the following information:
(i) All information required to be submitted to the implementing
authority as part of the notification of the claim:
(A) The owner/operator name, address, and RCRA ID number of the
person claiming the exclusion;
(B) For each excluded fuel, the EPA Hazardous Waste Codes that would
be applicable if the material were discarded; and
(C) The certification signed by the person claiming the exclusion or
his authorized representative.
(ii) A brief description of the process that generated the excluded
fuel. If the comparable fuel generator is not the generator of the
original hazardous waste, provide a brief description of the process
that generated the hazardous waste;
[[Page 109]]
(iii) The monthly and annual quantities of each fuel claimed to be
excluded;
(iv) Documentation for any claim that a constituent is not present
in the excluded fuel as required under paragraph (b)(5)(i) of this
section;
(v) The results of all analyses and all detection limits achieved as
required under paragraph (b)(4) of this section;
(vi) If the comparable fuel was generated through treatment or
blending, documentation of compliance with the applicable provisions of
paragraphs (a)(3) and (a)(4) of this section;
(vii) If the excluded fuel is to be shipped off-site, a
certification from the burner as required under paragraph (b)(10) of
this section;
(viii) The fuel analysis plan and documentation of all sampling and
analysis results as required by paragraph (b)(4) of this section; and
(ix) If the generator ships excluded fuel off-site for burning, the
generator must retain for each shipment the following information on-
site:
(A) The name and address of the facility receiving the excluded fuel
for burning;
(B) The quantity of excluded fuel shipped and delivered;
(C) The date of shipment or delivery;
(D) A cross-reference to the record of excluded fuel analysis or
other information used to make the determination that the excluded fuel
meets the specifications as required under paragraph (b)(4) of this
section; and
(E) A one-time certification by the burner as required under
paragraph (b)(10) of this section.
(9) Records retention. Records must be maintained for a period of
three years.
(10) Burner certification to the generator. Prior to submitting a
notification to the State and Regional Directors, a generator of
excluded fuel who intends to ship the excluded fuel off-site for burning
must obtain a one-time written, signed statement from the burner:
(i) Certifying that the excluded fuel will only be burned in an
industrial furnace, industrial boiler, utility boiler, or hazardous
waste incinerator, as required under paragraph (b)(3) of this section;
(ii) Identifying the name and address of the facility that will burn
the excluded fuel; and
(iii) Certifying that the State in which the burner is located is
authorized to exclude wastes as excluded fuel under the provisions of
this section.
(11) Ineligible waste codes. Wastes that are listed as hazardous
waste because of the presence of dioxins or furans, as set out in
appendix VII of this part, are not eligible for these exclusions, and
any fuel produced from or otherwise containing these wastes remains a
hazardous waste subject to the full RCRA hazardous waste management
requirements.
(12) Regulatory status of boiler residues. Burning excluded fuel
that was otherwise a hazardous waste listed under Secs. 261.31 through
261.33 does not subject boiler residues, including bottom ash and
emission control residues, to regulation as derived-from hazardous
wastes.
(13) Residues in containers and tank systems upon cessation of
operations. (i) Liquid and accumulated solid residues that remain in a
container or tank system for more than 90 days after the container or
tank system ceases to be operated for storage or transport of excluded
fuel product are subject to regulation under parts 262 through 265, 267,
268, 270, 271, and 124 of this chapter.
(ii) Liquid and accumulated solid residues that are removed from a
container or tank system after the container or tank system ceases to be
operated for storage or transport of excluded fuel product are solid
wastes subject to regulation as hazardous waste if the waste exhibits a
characteristic of hazardous waste under Secs. 261.21 through 261.24 or
if the fuel were otherwise a hazardous waste listed under Secs. 261.31
through 261.33 when the exclusion was claimed.
(iii) Liquid and accumulated solid residues that are removed from a
container or tank system and which do not meet the specifications for
exclusion under paragraphs (a)(1) or (a)(2) of this section are solid
wastes subject to regulation as hazardous waste if:
(A) The waste exhibits a characteristic of hazardous waste under
Secs. 261.21 through 261.24; or
[[Page 110]]
(B) The fuel were otherwise a hazardous waste listed under
Secs. 261.31 through 261.33. The hazardous waste code for the listed
waste applies to these liquid and accumulated solid resides.
(14) Waiver of RCRA Closure Requirements. Interim status and
permitted storage and combustion units, and generator storage units
exempt from the permit requirements under Sec. 262.34 of this chapter,
are not subject to the closure requirements of 40 CFR Parts 264, 265,
and 267 provided that the storage and combustion unit has been used to
manage only hazardous waste that is subsequently excluded under the
conditions of this section, and that afterward will be used only to
manage fuel excluded under this section.
(15) Spills and leaks. (i) Excluded fuel that is spilled or leaked
and that therefore no longer meets the conditions of the exclusion is
discarded and must be managed as a hazardous waste if it exhibits a
characteristic of hazardous waste under Secs. 261.21 through 261.24 or
if the fuel were otherwise a hazardous waste listed in Secs. 261.31
through 261.33.
(ii) For excluded fuel that would have otherwise been a hazardous
waste listed in Secs. 261.31 through 261.33 and which is spilled or
leaked, the hazardous waste code for the listed waste applies to the
spilled or leaked material.
(16) Nothing in this section preempts, overrides, or otherwise
negates the provisions in CERCLA Section 103, which establish reporting
obligations for releases of hazardous substances, or the Department of
Transportation requirements for hazardous materials in 49 CFR parts 171
through 180.
(c) Failure to comply with the conditions of the exclusion. An
excluded fuel loses its exclusion if any person managing the fuel fails
to comply with the conditions of the exclusion under this section, and
the material must be managed as hazardous waste from the point of
generation. In such situations, EPA or an authorized State agency may
take enforcement action under RCRA section 3008(a).
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[75 FR 33716, June 15, 2010]
Sec. 261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes
(CRTs) and Processed CRT Glass Undergoing Recycling.
Used, broken CRTs are not solid wastes if they meet the following
conditions:
(a) Prior to processing: These materials are not solid wastes if
they are destined for recycling and if they meet the following
requirements:
(1) Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor, and walls, or
(ii) Placed in a container (i.e., a package or a vehicle) that is
constructed, filled, and closed to minimize releases to the environment
of CRT glass (including fine solid materials).
(2) Labeling. Each container in which the used, broken CRT is
contained must be labeled or marked clearly with one of the following
phrases: ``Used cathode ray tube(s)-contains leaded glass '' or ``Leaded
glass from televisions or computers.'' It must also be labeled: ``Do not
mix with other glass materials.''
(3) Transportation. The used, broken CRTs must be transported in a
container meeting the requirements of paragraphs (a)(1)(ii) and (2) of
this section.
(4) Speculative accumulation and use constituting disposal. The
used, broken CRTs are subject to the limitations on speculative
accumulation as defined in paragraph (c)(8) of this section. If they are
used in a manner constituting disposal, they must comply with the
applicable requirements of part 266, subpart C instead of the
requirements of this section.
(5) Exports. In addition to the applicable conditions specified in
paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs
must comply with the following requirements:
(i) Notify EPA of an intended export before the CRTs are scheduled
to leave the United States. A complete notification should be submitted
sixty (60) days before the initial shipment is intended to be shipped
off-site. This notification may cover export activities extending over a
twelve (12) month or lesser period. The notification must be in writing,
signed by the exporter, and include the following information:
[[Page 116]]
(A) Name, mailing address, telephone number and EPA ID number (if
applicable) of the exporter of the CRTs.
(B) The estimated frequency or rate at which the CRTs are to be
exported and the period of time over which they are to be exported.
(C) The estimated total quantity of CRTs specified in kilograms.
(D) All points of entry to and departure from each foreign country
through which the CRTs will pass.
(E) A description of the means by which each shipment of the CRTs
will be transported (e.g., mode of transportation vehicle (air, highway,
rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).
(F) The name and address of the recycler and any alternate recycler.
(G) A description of the manner in which the CRTs will be recycled
in the foreign country that will be receiving the CRTs.
(H) The name of any transit country through which the CRTs will be
sent and a description of the approximate length of time the CRTs will
remain in such country and the nature of their handling while there.
(ii) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division,
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Hand-delivered notifications should be
sent to: Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division, (Mail
Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room
6144, 1200 Pennsylvania Ave., NW., Washington, DC. In both cases, the
following shall be prominently displayed on the front of the envelope:
``Attention: Notification of Intent to Export CRTs.''
(iii) Upon request by EPA, the exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.
(iv) EPA will provide a complete notification to the receiving
country and any transit countries. A notification is complete when EPA
receives a notification which EPA determines satisfies the requirements
of paragraph (a)(5)(i) of this section. Where a claim of confidentiality
is asserted with respect to any notification information required by
paragraph (a)(5)(i) of this section, EPA may find the notification not
complete until any such claim is resolved in accordance with 40 CFR
260.2.
(v) The export of CRTs is prohibited unless the receiving country
consents to the intended export. When the receiving country consents in
writing to the receipt of the CRTs, EPA will forward an Acknowledgment
of Consent to Export CRTs to the exporter. Where the receiving country
objects to receipt of the CRTs or withdraws a prior consent, EPA will
notify the exporter in writing. EPA will also notify the exporter of any
responses from transit countries.
(vi) When the conditions specified on the original notification
change, the exporter must provide EPA with a written renotification of
the change, except for changes to the telephone number in paragraph
(a)(5)(i)(A) of this section and decreases in the quantity indicated
pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot
take place until consent of the receiving country to the changes has
been obtained (except for changes to information about points of entry
and departure and transit countries pursuant to paragraphs (a)(5)(i)(D)
and (a)(5)(i)(H) of this section) and the exporter of CRTs receives from
EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting
the receiving country's consent to the changes.
(vii) A copy of the Acknowledgment of Consent to Export CRTs must
accompany the shipment of CRTs. The shipment must conform to the terms
of the Acknowledgment.
(viii) If a shipment of CRTs cannot be delivered for any reason to
the recycler or the alternate recycler, the exporter of CRTs must
renotify EPA of a change in the conditions of the original notification
to allow shipment to a new recycler in accordance with paragraph
(a)(5)(vi) of this section and obtain another Acknowledgment of Consent
to Export CRTs.
[[Page 117]]
(ix) Exporters must keep copies of notifications and Acknowledgments
of Consent to Export CRTs for a period of three years following receipt
of the Acknowledgment.
(b) Requirements for used CRT processing: Used, broken CRTs
undergoing CRT processing as defined in Sec. 260.10 of this chapter are
not solid wastes if they meet the following requirements:
(1) Storage. Used, broken CRTs undergoing processing are subject to
the requirement of paragraph (a)(4) of this section.
(2) Processing.
(i) All activities specified in paragraphs (2) and (3) of the
definition of ``CRT processing'' in Sec. 260.10 of this chapter must be
performed within a building with a roof, floor, and walls; and
(ii) No activities may be performed that use temperatures high
enough to volatilize lead from CRTs.
(c) Processed CRT glass sent to CRT glass making or lead smelting:
Glass from used CRTs that is destined for recycling at a CRT glass
manufacturer or a lead smelter after processing is not a solid waste
unless it is speculatively accumulated as defined in Sec. 261.1(c)(8).
(d) Use constituting disposal: Glass from used CRTs that is used in
a manner constituting disposal must comply with the requirements of 40
CFR part 266, subpart C instead of the requirements of this section.
Effective Date Note: At 79 FR 36231, June 26, 2014, Sec. 261.39 was
amended by revising paragraph (a)(5)(i)(F) and adding paragraphs
(a)(5)(x) and (a)(5)(xi), effective Dec. 26, 2014. For the convenience
of the user, the added and revised text is set forth as follows:
Sec. 261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes
(CRTs) and Processed CRT Glass Undergoing Recycling.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(F) The name and address of the recycler or recyclers and the
estimated quantity of used CRTs to be sent to each facility, as well as
the names of any alternate recyclers.
* * * * *
(x) CRT exporters must file with EPA no later than March 1 of each
year, an annual report summarizing the quantities (in kilograms),
frequency of shipment, and ultimate destination(s) (i.e., the facility
or facilities where the recycling occurs) of all used CRTs exported
during the previous calendar year. Such reports must also include the
following:
(A) The name, EPA ID number (if applicable), and mailing and site
address of the exporter;
(B) The calendar year covered by the report;
(C) A certification signed by the CRT exporter that states:
``I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this and all attached
documents and that, based on my inquiry of those individuals immediately
responsible for obtaining this 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.''
(xi) Annual reports must be submitted to the office specified in
paragraph (a)(5)(ii) of this section. Exporters must keep copies of each
annual report for a period of at least three years from the due date of
the report.
Sec. 261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes
(CRTs) Exported for Recycling.
Used, intact CRTs exported for recycling are not solid wastes if
they meet the notice and consent conditions of Sec. 261.39(a)(5), and if
they are not speculatively accumulated as defined in Sec. 261.1(c)(8).
Sec. 261.41 Notification and Recordkeeping for Used, Intact Cathode
Ray Tubes (CRTs) Exported for Reuse.
(a) Persons who export used, intact CRTs for reuse must send a one-
time notification to the Regional Administrator. The notification must
include a statement that the notifier plans to export used, intact CRTs
for reuse, the notifier's name, address, and EPA ID number (if
applicable) and the name and phone number of a contact person.
(b) Persons who export used, intact CRTs for reuse must keep copies
of normal business records, such as contracts, demonstrating that each
shipment of exported CRTs will be reused. This documentation must be
retained
[[Page 118]]
for a period of at least three years from the date the CRTs were
exported.
Effective Date Note: At 79 FR 36231, June 26, 2014, Sec. 261.41 was
revised, effective Dec. 26, 2014. For the convenience of the user, the
revised text is set forth as follows:
Sec. 261.41 Notification and Recordkeeping for Used, Intact Cathode Ray
Tubes (CRTs) Exported for Reuse.
(a) CRT exporters who export used, intact CRTs for reuse must send a
notification to EPA. This notification may cover export activities
extending over a twelve (12) month or lesser period.
(1) The notification must be in writing, signed by the exporter, and
include the following information:
(i) Name, mailing address, telephone number, and EPA ID number (if
applicable) of the exporter of the used, intact CRTs;
(ii) The estimated frequency or rate at which the used, intact CRTs
are to be exported for reuse and the period of time over which they are
to be exported;
(iii) The estimated total quantity of used, intact CRTs specified in
kilograms;
(iv) All points of entry to and departure from each transit country
through which the used, intact CRTs will pass, a description of the
approximate length of time the used, intact CRTs will remain in such
country, and the nature of their handling while there;
(v) A description of the means by which each shipment of the used,
intact CRTs will be transported (e.g., mode of transportation vehicle
(air, highway, rail, water, etc.), type(s) of container (drums, boxes,
tanks, etc.));
(vi) The name and address of the ultimate destination facility or
facilities where the used, intact CRTs will be reused, refurbished,
distributed, or sold for reuse and the estimated quantity of used,
intact CRTs to be sent to each facility, as well as the name of any
alternate destination facility or facilities;
(vii) A description of the manner in which the used, intact CRTs
will be reused (including reuse after refurbishment) in the foreign
country that will be receiving the used, intact CRTs; and
(viii) A certification signed by the CRT exporter that states:
``I certify under penalty of law that the CRTs described in this
notice are intact and fully functioning or capable of being functional
after refurbishment and that the used CRTs will be reused or refurbished
and reused. I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this 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.''
(2) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division,
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460. Hand-delivered notifications should be
sent to: Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division, (Mail
Code 2254A), Environmental Protection Agency, William Jefferson Clinton
Building, Room 6144, 1200 Pennsylvania Ave. NW., Washington, DC 20004.
In both cases, the following shall be prominently displayed on the front
of the envelope: ``Attention: Notification of Intent to Export CRTs.''
(b) CRT exporters of used, intact CRTs sent for reuse must keep
copies of normal business records, such as contracts, demonstrating that
each shipment of exported used, intact CRTs will be reused. This
documentation must be retained for a period of at least three years from
the date the CRTs were exported. If the documents are written in a
language other than English, CRT exporters of used, intact CRTs sent for
reuse must provide both the original, non-English version of the normal
business records as well as a third-party translation of the normal
business records into English within 30 days upon request by EPA.
Subparts F-G [Reserved]
Subpart H_Financial Requirements for Management of Excluded Hazardous
Secondary Materials
Source: 73 FR 64764, Oct. 30, 2008, unless otherwise noted.
Sec. 261.140 Applicability.
(a) The requirements of this subpart apply to owners or operators of
reclamation and intermediate facilities managing hazardous secondary
materials excluded under 40 CFR Sec. 261.4(a)(24), except as provided
otherwise in this section.
(b) States and the Federal government are exempt from the financial
assurance requirements of this subpart.
[[Page 119]]
Sec. 261.141 Definitions of terms as used in this subpart.
The terms defined in Sec. 265.141(d), (f), (g), and (h) of this
chapter have the same meaning in this subpart as they do in Sec. 265.141
of this chapter.
Sec. 261.142 Cost estimate.
(a) The owner or operator must have a detailed written estimate, in
current dollars, of the cost of disposing of any hazardous secondary
material as listed or characteristic hazardous waste, and the potential
cost of closing the facility as a treatment, storage, and disposal
facility.
(1) The estimate must equal the cost of conducting the activities
described in paragraph (a) of this section at the point when the extent
and manner of the facility's operation would make these activities the
most expensive; and
(2) The cost estimate must be based on the costs to the owner or
operator of hiring a third party to conduct these activities. A third
party is a party who is neither a parent nor a subsidiary of the owner
or operator. (See definition of parent corporation in Sec. 265.141(d) of
this chapter.) The owner or operator may use costs for on-site disposal
in accordance with applicable requirements if he can demonstrate that
on-site disposal capacity will exist at all times over the life of the
facility.
(3) The cost estimate may not incorporate any salvage value that may
be realized with the sale of hazardous secondary materials, or hazardous
or non-hazardous wastes if applicable under Sec. 265.5113(d) of this
chapter, facility structures or equipment, land, or other assets
associated with the facility.
(4) The owner or operator may not incorporate a zero cost for
hazardous secondary materials, or hazardous or non-hazardous wastes if
applicable under Sec. 265.5113(d) of this chapter that might have
economic value.
(b) During the active life of the facility, the owner or operator
must adjust the cost estimate for inflation within 60 days prior to the
anniversary date of the establishment of the financial instrument(s)
used to comply with Sec. 261.143. For owners and operators using the
financial test or corporate guarantee, the cost estimate must be updated
for inflation within 30 days after the close of the firm's fiscal year
and before submission of updated information to the Regional
Administrator as specified in Sec. 261.143(e)(3). The adjustment may be
made by recalculating the cost estimate in current dollars, or by using
an inflation factor derived from the most recent Implicit Price Deflator
for Gross National Product published by the U.S. Department of Commerce
in its Survey of Current Business, as specified in paragraphs (b)(1) and
(2) of this section. The inflation factor is the result of dividing the
latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the cost estimate by
the inflation factor. The result is the adjusted cost estimate.
(2) Subsequent adjustments are made by multiplying the latest
adjusted cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator
must revise the cost estimate no later than 30 days after a change in a
facility's operating plan or design that would increase the costs of
conducting the activities described in paragraph (a) or no later than 60
days after an unexpected event which increases the cost of conducting
the activities described in paragraph (a) of this section. The revised
cost estimate must be adjusted for inflation as specified in paragraph
(b) of this section.
(d) The owner or operator must keep the following at the facility
during the operating life of the facility: The latest cost estimate
prepared in accordance with paragraphs (a) and (c) and, when this
estimate has been adjusted in accordance with paragraph (b), the latest
adjusted cost estimate.
Sec. 261.143 Financial assurance condition.
Per Sec. 261.4(a)(24)(vi)(F) of this chapter, an owner or operator
of a reclamation or intermediate facility must have financial assurance
as a condition of the exclusion as required under Sec. 261.4(a)(24) of
this chapter. He must choose from the options as specified in paragraphs
(a) through (e) of this section.
[[Page 120]]
(a) Trust fund. (1) An owner or operator may satisfy the
requirements of this section by establishing a trust fund which conforms
to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Regional Administrator.
The trustee must be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a
Federal or State agency.
(2) The wording of the trust agreement must be identical to the
wording specified in Sec. 261.151(a)(1), and the trust agreement must be
accompanied by a formal certification of acknowledgment (for example,
see Sec. 261.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current cost
estimate covered by the agreement.
(3) The trust fund must be funded for the full amount of the current
cost estimate before it may be relied upon to satisfy the requirements
of this section.
(4) Whenever the current cost estimate changes, the owner or
operator must 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, must either deposit an
amount into the fund so that its value after this deposit at least
equals the amount of the current cost estimate, or obtain other
financial assurance as specified in this section to cover the
difference.
(5) If the value of the trust fund is greater than the total amount
of the current cost estimate, the owner or operator may submit a written
request to the Regional Administrator for release of the amount in
excess of the current cost estimate.
(6) If an owner or operator substitutes other financial assurance as
specified in this section for all or part of the trust fund, he may
submit a written request to the Regional Administrator for release of
the amount in excess of the current cost estimate covered by the trust
fund.
(7) Within 60 days after receiving a request from the owner or
operator for release of funds as specified in paragraph (a) (5) or (6)
of this section, the Regional Administrator will instruct the trustee to
release to the owner or operator such funds as the Regional
Administrator specifies in writing. If the owner or operator begins
final closure under subpart G of 40 CFR part 264 or 265, an owner or
operator may request reimbursements for partial or final closure
expenditures by submitting itemized bills to the Regional Administrator.
The owner or operator may request reimbursements for partial closure
only if sufficient funds are remaining in the trust fund to cover the
maximum costs of closing the facility over its remaining operating life.
No later than 60 days after receiving bills for partial or final closure
activities, the Regional Administrator will instruct the trustee to make
reimbursements in those amounts as the Regional Administrator specifies
in writing, if the Regional Administrator determines that the partial or
final closure expenditures are in accordance with the approved closure
plan, or otherwise justified. If the Regional Administrator has reason
to believe that the maximum cost of closure over the remaining life of
the facility will be significantly greater than the value of the trust
fund, he may withhold reimbursements of such amounts as he deems prudent
until he determines, in accordance with Sec. 265.143(i) that the owner
or operator is no longer required to maintain financial assurance for
final closure of the facility. If the Regional Administrator does not
instruct the trustee to make such reimbursements, he will provide to the
owner or operator a detailed written statement of reasons.
(8) The Regional Administrator will agree to termination of the
trust when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with paragraph (i) of
this section.
(b) Surety bond guaranteeing payment into a trust fund. (1) An owner
or operator may satisfy the requirements of
[[Page 121]]
this section by obtaining a surety bond which conforms to the
requirements of this paragraph and submitting the bond to the Regional
Administrator. The surety company issuing the bond must, at a minimum,
be among those listed as acceptable sureties on Federal bonds in
Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording
specified in Sec. 261.151(b).
(3) The owner or operator who uses a surety bond to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in
accordance with instructions from the Regional Administrator. This
standby trust fund must meet the requirements specified in paragraph (a)
of this section, except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the surety bond; and
(ii) Until the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in paragraph (a) of
this section;
(B) Updating of Schedule A of the trust agreement (see
Sec. 261.151(a)) to show current cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum
of the bond before loss of the exclusion under Sec. 261.4(a)(24) of this
chapter or
(ii) Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an administrative order to begin closure issued by
the Regional Administrator becomes final, or within 15 days after an
order to begin closure is issued by a U.S. district court or other court
of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this
section, and obtain the Regional Administrator's written approval of the
assurance provided, within 90 days after receipt by both the owner or
operator and the Regional Administrator of a notice of cancellation of
the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as
guaranteed by the bond.
(6) The penal sum of the bond must be in an amount at least equal to
the current cost estimate, except as provided in paragraph (f) of this
section.
(7) Whenever the current cost estimate increases to an amount
greater than the penal sum, the owner or operator, within 60 days after
the increase, must either cause the penal sum to be increased to an
amount at least equal to the current cost estimate and submit evidence
of such increase to the Regional Administrator, or obtain other
financial assurance as specified in this section to cover the increase.
Whenever the current cost estimate decreases, the penal sum may be
reduced to the amount of the current cost estimate following written
approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional
Administrator has given prior written consent based on his receipt of
evidence of alternate financial assurance as specified in this section.
(c) Letter of credit. (1) An owner or operator may satisfy the
requirements of this section by obtaining an irrevocable standby letter
of credit which conforms to the requirements of this paragraph and
submitting the letter to the Regional Administrator. The issuing
institution must be an entity which has the authority to issue letters
[[Page 122]]
of credit and whose letter-of-credit operations are regulated and
examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the
wording specified in Sec. 261.151(c).
(3) An owner or operator who uses a letter of credit to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a
draft by the Regional Administrator will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Regional Administrator. This standby trust fund
must meet the requirements of the trust fund specified in paragraph (a)
of this section, except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in paragraph (a) of
this section;
(B) Updating of Schedule A of the trust agreement (see
Sec. 261.151(a)) to show current cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the
owner or operator referring to the letter of credit by number, issuing
institution, and date, and providing the following information: The EPA
Identification Number (if any issued), name, and address of the
facility, and the amount of funds assured for the facility by the letter
of credit.
(5) The letter of credit must be irrevocable and issued for a period
of at least 1 year. The letter of credit must provide that the
expiration date will be automatically extended for a period of at least
1 year unless, at least 120 days before the current expiration date, the
issuing institution notifies both the owner or operator and the Regional
Administrator by certified mail of a decision not to extend the
expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and the Regional
Administrator have received the notice, as evidenced by the return
receipts.
(6) The letter of credit must be issued in an amount at least equal
to the current cost estimate, except as provided in paragraph (f) of
this section.
(7) Whenever the current cost estimate increases to an amount
greater than the amount of the credit, the owner or operator, within 60
days after the increase, must either cause the amount of the credit to
be increased so that it at least equals the current cost estimate and
submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover
the increase. Whenever the current cost estimate decreases, the amount
of the credit may be reduced to the amount of the current cost estimate
following written approval by the Regional Administrator.
(8) Following a determination by the Regional Administrator that the
hazardous secondary materials do not meet the conditions of the
exclusion under Sec. 261.4(a)(24), the Regional Administrator may draw
on the letter of credit.
(9) If the owner or operator does not establish alternate financial
assurance as specified in this section and obtain written approval of
such alternate assurance from the Regional Administrator within 90 days
after receipt by both the owner or operator and the Regional
Administrator of a notice from the issuing institution that it has
decided not to extend the letter of credit beyond the current expiration
date, the Regional Administrator will draw on the letter of credit. The
Regional Administrator may delay the drawing if the issuing institution
grants an extension of the term of the credit. During the last 30 days
of any such extension the Regional Administrator will draw on the letter
of credit if the owner or operator has failed to provide alternate
financial assurance as specified in this section and obtain written
approval of such assurance from the Regional Administrator.
[[Page 123]]
(10) The Regional Administrator will return the letter of credit to
the issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with paragraph (i) of
this section.
(d) Insurance. (1) An owner or operator may satisfy the requirements
of this section by obtaining insurance which conforms to the
requirements of this paragraph and submitting a certificate of such
insurance to the Regional Administrator At a minimum, the insurer must
be licensed to transact the business of insurance, or eligible to
provide insurance as an excess or surplus lines insurer, in one or more
States.
(2) The wording of the certificate of insurance must be identical to
the wording specified in Sec. 261.151(d).
(3) The insurance policy must be issued for a face amount at least
equal to the current cost estimate, except as provided in paragraph (f)
of this section. The term ``face amount'' means the total amount the
insurer is obligated to pay under the policy. Actual payments by the
insurer will not change the face amount, although the insurer's future
liability will be lowered by the amount of the payments.
(4) The insurance policy must guarantee that funds will be available
whenever needed to pay the cost of removal of all hazardous secondary
materials from the unit, to pay the cost of decontamination of the unit,
to pay the costs of the performance of activities required under subpart
G of 40 CFR parts 264 or 265, as applicable, for the facilities covered
by this policy. The policy must also guarantee that once funds are
needed, the insurer will be responsible for paying out funds, up to an
amount equal to the face amount of the policy, upon the direction of the
Regional Administrator, to such party or parties as the Regional
Administrator specifies.
(5) After beginning partial or final closure under 40 CFR parts 264
or 265, as applicable, an owner or operator or any other authorized
person may request reimbursements for closure expenditures by submitting
itemized bills to the Regional Administrator. The owner or operator may
request reimbursements only if the remaining value of the policy is
sufficient to cover the maximum costs of closing the facility over its
remaining operating life. Within 60 days after receiving bills for
closure activities, the Regional Administrator will instruct the insurer
to make reimbursements in such amounts as the Regional Administrator
specifies in writing if the Regional Administrator determines that the
expenditures are in accordance with the approved plan or otherwise
justified. If the Regional Administrator has reason to believe that the
maximum cost over the remaining life of the facility will be
significantly greater than the face amount of the policy, he may
withhold reimbursement of such amounts as he deems prudent until he
determines, in accordance with paragraph (h) of this section, that the
owner or operator is no longer required to maintain financial assurance
for the particular facility. If the Regional Administrator does not
instruct the insurer to make such reimbursements, he will provide to the
owner or operator a detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and
effect until the Regional Administrator consents to termination of the
policy by the owner or operator as specified in paragraph (i)(10) of
this section. Failure to pay the premium, without substitution of
alternate financial assurance as specified in this section, will
constitute a significant violation of these regulations warranting such
remedy as the Regional Administrator deems necessary. Such violation
will be deemed to begin upon receipt by the Regional Administrator of a
notice of future cancellation, termination, or failure to renew due to
nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision allowing assignment of the
policy to a successor owner or operator. Such assignment may be
conditional upon consent of the insurer, provided such consent is not
unreasonably refused.
[[Page 124]]
(8) The policy must provide that the insurer may not cancel,
terminate, or fail to renew the policy except for failure to pay the
premium. The automatic renewal of the policy must, at a minimum, provide
the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer
may elect to cancel, terminate, or fail to renew the policy by sending
notice by certified mail to the owner or operator and the Regional
Administrator. Cancellation, termination, or failure to renew may not
occur, however, during the 120 days beginning with the date of receipt
of the notice by both the Regional Administrator and the owner or
operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date
of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) Conditional exclusion or interim status is lost, terminated, or
revoked; or
(iii) Closure is ordered by the Regional Administrator or a U.S.
district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current cost estimate increases to an amount
greater than the face amount of the policy, the owner or operator,
within 60 days after the increase, must either cause the face amount to
be increased to an amount at least equal to the current cost estimate
and submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover
the increase. Whenever the current cost estimate decreases, the face
amount may be reduced to the amount of the current cost estimate
following written approval by the Regional Administrator.
(10) The Regional Administrator will give written consent to the
owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with paragraph (i) of
this section.
(e) Financial test and corporate guarantee. (1) An owner or operator
may satisfy the requirements of this section by demonstrating that he
passes a financial test as specified in this paragraph. To pass this
test the owner or operator must meet the criteria of either paragraph
(e)(1) (i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A ratio of total liabilities
to net worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion, and amortization to total liabilities greater
than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working capital and tangible net worth each at least six
times the sum of the current cost estimates and the current plugging and
abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the current
cost estimates and the current plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA,
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as
issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current
cost estimates and the current plugging and abandonment cost estimates;
and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the current
cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase ``current cost estimates'' as used in paragraph
(e)(1) of
[[Page 125]]
this section refers to the cost estimates required to be shown in
paragraphs 1-4 of the letter from the owner's or operator's chief
financial officer (Sec. 261.151(e)). The phrase ``current plugging and
abandonment cost estimates'' as used in paragraph (e)(1) of this section
refers to the cost estimates required to be shown in paragraphs 1-4 of
the letter from the owner's or operator's chief financial officer
(Sec. 144.70(f) of this chapter).
(3) To demonstrate that he meets this test, the owner or operator
must submit the following items to the Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial
officer and worded as specified in Sec. 261.151(e); and
(ii) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the
latest completed fiscal year; and
(iii) If the chief financial officer's letter providing evidence of
financial assurance includes financial data showing that the owner or
operator satisfies paragraph (e)(1)(i) of this section that are
different from the data in the audited financial statements referred to
in paragraph (e)(3)(ii)of this section or any other audited financial
statement or data filed with the SEC, then a special report from the
owner's or operator's independent certified public accountant to the
owner or operator is required. The special report shall be based upon an
agreed upon procedures engagement in accordance with professional
auditing standards and shall describe the procedures performed in
comparing the data in the chief financial officer's letter derived from
the independently audited, year-end financial statements for the latest
fiscal year with the amounts in such financial statements, the findings
of the comparison, and the reasons for any differences.
(4) The owner or operator may obtain an extension of the time
allowed for submission of the documents specified in paragraph (e)(3) of
this section if the fiscal year of the owner or operator ends during the
90 days prior to the effective date of these regulations and if the
year-end financial statements for that fiscal year will be audited by an
independent certified public accountant. The extension will end no later
than 90 days after the end of the owner's or operator's fiscal year. To
obtain the extension, the owner's or operator's chief financial officer
must send, by the effective date of these regulations, a letter to the
Regional Administrator of each Region in which the owner's or operator's
facilities to be covered by the financial test are located. This letter
from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe that the owner or
operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered by the test the EPA
Identification Number (if any issued), name, address, and current cost
estimates to be covered by the test;
(iv) Specify the date ending the owner's or operator's last complete
fiscal year before the effective date of these regulations in this
subpart;
(v) Specify the date, no later than 90 days after the end of such
fiscal year, when he will submit the documents specified in paragraph
(e)(3) of this section; and
(vi) Certify that the year-end financial statements of the owner or
operator for such fiscal year will be audited by an independent
certified public accountant.
(5) After the initial submission of items specified in paragraph
(e)(3) of this section, the owner or operator must send updated
information to the Regional Administrator within 90 days after the close
of each succeeding fiscal year. This information must consist of all
three items specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets the requirements of
paragraph (e)(1) of this section, he must send notice to the Regional
Administrator of intent to establish alternate financial assurance as
specified in this section. The notice must be sent by certified mail
within 90 days after the end of the fiscal year for which the year-end
financial data show that the owner or operator no longer meets the
requirements. The owner or operator must
[[Page 126]]
provide the alternate financial assurance within 120 days after the end
of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief
that the owner or operator may no longer meet the requirements of
paragraph (e)(1) of this section, require reports of financial condition
at any time from the owner or operator in addition to those specified in
paragraph (e)(3) of this section. If the Regional Administrator finds,
on the basis of such reports or other information, that the owner or
operator no longer meets the requirements of paragraph (e)(1) of this
section, the owner or operator must provide alternate financial
assurance as specified in this section within 30 days after notification
of such a finding.
(8) The Regional Administrator may disallow use of this test on the
basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's
or operator's financial statements (see paragraph (e)(3)(ii) of this
section). An adverse opinion or a disclaimer of opinion will be cause
for disallowance. The Regional Administrator will evaluate other
qualifications on an individual basis. The owner or operator must
provide alternate financial assurance as specified in this section
within 30 days after notification of the disallowance.
(9) The owner or operator is no longer required to submit the items
specified in paragraph (e)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with paragraph (i) of
this section.
(10) An owner or operator may meet the requirements of this section
by obtaining a written guarantee. The guarantor must be the direct or
higher-tier parent corporation of the owner or operator, a firm whose
parent corporation is also the parent corporation of the owner or
operator, or a firm with a ``substantial business relationship'' with
the owner or operator. The guarantor must meet the requirements for
owners or operators in paragraphs (e)(1) through (8) of this section and
must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in
Sec. 261.151(g)(1). A certified copy of the guarantee must accompany the
items sent to the Regional Administrator as specified in paragraph
(e)(3) of this section. One of these items must be the letter from the
guarantor's chief financial officer. If the guarantor's parent
corporation is also the parent corporation of the owner or operator, the
letter must describe the value received in consideration of the
guarantee. If the guarantor is a firm with a ``substantial business
relationship'' with the owner or operator, this letter must describe
this ``substantial business relationship'' and the value received in
consideration of the guarantee. The terms of the guarantee must provide
that:
(i) Following a determination by the Regional Administrator that the
hazardous secondary materials at the owner or operator's facility
covered by this guarantee do not meet the conditions of the exclusion
under Sec. 261.4(a)(24) of this chapter, the guarantor will dispose of
any hazardous secondary material as hazardous waste and close the
facility in accordance with closure requirements found in parts 264 or
265 of this chapter, as applicable, or establish a trust fund as
specified in paragraph (a) of this section in the name of the owner or
operator in the amount of the current cost estimate.
(ii) The corporate guarantee will remain in force unless the
guarantor sends notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial
assurance as specified in this section and obtain the written approval
of such alternate assurance from the Regional Administrator within 90
days after receipt by both the owner or operator and the Regional
Administrator of a notice of
[[Page 127]]
cancellation of the corporate guarantee from the guarantor, the
guarantor will provide such alternate financial assurance in the name of
the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may
satisfy the requirements of this section by establishing more than one
financial mechanism per facility. These mechanisms are limited to trust
funds, surety bonds, letters of credit, and insurance. The mechanisms
must be as specified in paragraphs (a) through (d) of this section,
respectively, of this section, except that it is the combination of
mechanisms, rather than the single mechanism, which must provide
financial assurance for an amount at least equal to the current cost
estimate. If an owner or operator uses a trust fund in combination with
a surety bond or a letter of credit, he may use the trust fund as the
standby trust fund for the other mechanisms. A single standby trust fund
may be established for two or more mechanisms. The Regional
Administrator may use any or all of the mechanisms to provide for the
facility.
(g) Use of a financial mechanism for multiple facilities. An owner
or operator may use a financial assurance mechanism specified in this
section to meet the requirements of this section for more than one
facility. Evidence of financial assurance submitted to the Regional
Administrator must include a list showing, for each facility, the EPA
Identification Number (if any issued), name, address, and the amount of
funds assured by the mechanism. If the facilities covered by the
mechanism are in more than one Region, identical evidence of financial
assurance must be submitted to and maintained with the Regional
Administrators of all such Regions. The amount of funds available
through the mechanism must be no less than the sum of funds that would
be available if a separate mechanism had been established and maintained
for each facility. In directing funds available through the mechanism
for any of the facilities covered by the mechanism, the Regional
Administrator may direct only the amount of funds designated for that
facility, unless the owner or operator agrees to the use of additional
funds available under the mechanism.
(h) Removal and Decontamination Plan for Release (1) An owner or
operator of a reclamation facility or an intermediate facility who
wishes to be released from his financial assurance obligations under
Sec. 261.4(a)(24)(vi)(F) of this chapter must submit a plan for removing
all hazardous secondary material residues to the Regional Administrator
at least 180 days prior to the date on which he expects to cease to
operate under the exclusion.
(2) The plan must include, at least:
(A) For each hazardous secondary materials storage unit subject to
financial assurance requirements under Sec. 261.4(a)(24)(vi)(F), a
description of how all excluded hazardous secondary materials will be
recycled or sent for recycling, and how all residues, contaminated
containment systems (liners, etc), contaminated soils, subsoils,
structures, and equipment will be removed or decontaminated as necessary
to protect human health and the environment, and
(B) A detailed description of the steps necessary to remove or
decontaminate all hazardous secondary material residues and contaminated
containment system components, equipment, structures, and soils
including, but not limited to, procedures for cleaning equipment and
removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of
decontamination necessary to protect human health and the environment;
and
(C) A detailed description of any other activities necessary to
protect human health and the environment during this timeframe,
including, but not limited to, leachate collection, run-on and run-off
control, etc; and
(D) A schedule for conducting the activities described which, at a
minimum, includes the total time required to remove all excluded
hazardous secondary materials for recycling and decontaminate all units
subject to financial assurance under Sec. 261.4(a)(24)(vi)(F) and the
time required for intervening activities which will allow tracking of
the progress of decontamination.
(3) The Regional Administrator will provide the owner or operator
and the
[[Page 128]]
public, through a newspaper notice, the opportunity to submit written
comments on the plan and request modifications to the plan no later than
30 days from the date of the notice. He will also, in response to a
request or at his discretion, hold a public hearing whenever such a
hearing might clarify one or more issues concerning the plan. The
Regional Administrator will give public notice of the hearing at least
30 days before it occurs. (Public notice of the hearing may be given at
the same time as notice of the opportunity for the public to submit
written comments, and the two notices may be combined.) The Regional
Administrator will approve, modify, or disapprove the plan within 90
days of its receipt. If the Regional Administrator does not approve the
plan, he shall provide the owner or operator with a detailed written
statement of reasons for the refusal and the owner or operator must
modify the plan or submit a new plan for approval within 30 days after
receiving such written statement. The Regional Administrator will
approve or modify this plan in writing within 60 days. If the Regional
Administrator modifies the plan, this modified plan becomes the approved
plan. The Regional Administrator must assure that the approved plan is
consistent with paragraph (h) of this section. A copy of the modified
plan with a detailed statement of reasons for the modifications must be
mailed to the owner or operator.
(4) Within 60 days of completion of the activities described for
each hazardous secondary materials management unit, the owner or
operator must submit to the Regional Administrator, by registered mail,
a certification that all hazardous secondary materials have been removed
from the unit and the unit has been decontaminated in accordance with
the specifications in the approved plan. The certification must be
signed by the owner or operator and by a qualified Professional
Engineer. Documentation supporting the Professional Engineer's
certification must be furnished to the Regional Administrator, upon
request, until he releases the owner or operator from the financial
assurance requirements for Sec. 261.4(a)(24)(vi)(F).
(i) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner or
operator and a qualified Professional Engineer that all hazardous
secondary materials have been removed from the facility or a unit at the
facility and the facility or a unit has been decontaminated in
accordance with the approved plan per paragraph (h), the Regional
Administrator will notify the owner or operator in writing that he is no
longer required under Sec. 261.4(a)(24)(vi)(F) to maintain financial
assurance for that facility or a unit at the facility, unless the
Regional Administrator has reason to believe that all hazardous
secondary materials have not been removed from the facility or unit at a
facility or that the facility or unit has not been decontaminated in
accordance with the approved plan. The Regional Administrator shall
provide the owner or operator a detailed written statement of any such
reason to believe that all hazardous secondary materials have not been
removed from the unit or that the unit has not been decontaminated in
accordance with the approved plan.
Secs. 261.144-261.146 [Reserved]
Sec. 261.147 Liability requirements.
(a) Coverage for sudden accidental occurrences. An owner or operator
of a hazardous secondary material reclamation facility or an
intermediate facility subject to financial assurance requirements under
Sec. 261.4(a)(24)(vi)(F) of this chapter, or a group of such facilities,
must demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental occurrences arising
from operations of the facility or group of facilities. The owner or
operator must have and maintain liability coverage for sudden accidental
occurrences in the amount of at least $1 million per occurrence with an
annual aggregate of at least $2 million, exclusive of legal defense
costs. This liability coverage may be demonstrated as specified in
paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the required liability
coverage
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by having liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by attachment of the
Hazardous Secondary Material Facility Liability Endorsement, or
evidenced by a Certificate of Liability Insurance. The wording of the
endorsement must be identical to the wording specified in
Sec. 261.151(h). The wording of the certificate of insurance must be
identical to the wording specified in Sec. 261.151(i). The owner or
operator must submit a signed duplicate original of the endorsement or
the certificate of insurance to the Regional Administrator, or Regional
Administrators if the facilities are located in more than one Region. If
requested by a Regional Administrator, the owner or operator must
provide a signed duplicate original of the insurance policy.
(ii) Each insurance policy must be issued by an insurer which, at a
minimum, is licensed to transact the business of insurance, or eligible
to provide insurance as an excess or surplus lines insurer, in one or
more States.
(2) An owner or operator may meet the requirements of this section
by passing a financial test or using the guarantee for liability
coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section
by obtaining a letter of credit for liability coverage as specified in
paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section
by obtaining a surety bond for liability coverage as specified in
paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section
by obtaining a trust fund for liability coverage as specified in
paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability
coverage through the use of combinations of insurance, financial test,
guarantee, letter of credit, surety bond, and trust fund, except that
the owner or operator may not combine a financial test covering part of
the liability coverage requirement with a guarantee unless the financial
statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage
demonstrated must total at least the minimum amounts required by this
section. If the owner or operator demonstrates the required coverage
through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such
assurance as ``primary'' coverage and shall specify other assurance as
``excess'' coverage.
(7) An owner or operator shall notify the Regional Administrator in
writing within 30 days whenever:
(i) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument
authorized in paragraphs (a)(1) through (a)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property
damages caused by a sudden or non-sudden accidental occurrence arising
from the operation of a hazardous secondary material reclamation
facility or intermediate facility is entered between the owner or
operator and third-party claimant for liability coverage under
paragraphs (a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous secondary material
reclamation facility or intermediate facility is issued against the
owner or operator or an instrument that is providing financial assurance
for liability coverage under paragraphs (a)(1) through (a)(6) of this
section.
(b) Coverage for nonsudden accidental occurrences. An owner or
operator of a hazardous secondary material reclamation facility or
intermediate facility with land-based units, as defined in Sec. 260.10
of this chapter, which are used to manage hazardous secondary materials
excluded under Sec. 261.4(a)(24) of this chapter or a group of such
facilities, must demonstrate financial responsibility for bodily injury
and property damage to third parties caused by nonsudden accidental
occurrences arising from operations of the facility or group of
facilities. The
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owner or operator must have and maintain liability coverage for
nonsudden accidental occurrences in the amount of at least $3 million
per occurrence with an annual aggregate of at least $6 million,
exclusive of legal defense costs. An owner or operator who must meet the
requirements of this section may combine the required per-occurrence
coverage levels for sudden and nonsudden accidental occurrences into a
single per-occurrence level, and combine the required annual aggregate
coverage levels for sudden and nonsudden accidental occurrences into a
single annual aggregate level. Owners or operators who combine coverage
levels for sudden and nonsudden accidental occurrences must maintain
liability coverage in the amount of at least $4 million per occurrence
and $8 million annual aggregate. This liability coverage may be
demonstrated as specified in paragraph (b)(1), (2), (3), (4), (5), or
(6) of this section:
(1) An owner or operator may demonstrate the required liability
coverage by having liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by attachment of the
Hazardous Secondary Material Facility Liability Endorsement or evidenced
by a Certificate of Liability Insurance. The wording of the endorsement
must be identical to the wording specified in Sec. 261.151(h). The
wording of the certificate of insurance must be identical to the wording
specified in Sec. 261.151(i). The owner or operator must submit a signed
duplicate original of the endorsement or the certificate of insurance to
the Regional Administrator, or Regional Administrators if the facilities
are located in more than one Region. If requested by a Regional
Administrator, the owner or operator must provide a signed duplicate
original of the insurance policy.
(ii) Each insurance policy must be issued by an insurer which, at a
minimum, is licensed to transact the business of insurance, or eligible
to provide insurance as an excess or surplus lines insurer, in one or
more States.
(2) An owner or operator may meet the requirements of this section
by passing a financial test or using the guarantee for liability
coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section
by obtaining a letter of credit for liability coverage as specified in
paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section
by obtaining a surety bond for liability coverage as specified in
paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section
by obtaining a trust fund for liability coverage as specified in
paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability
coverage through the use of combinations of insurance, financial test,
guarantee, letter of credit, surety bond, and trust fund, except that
the owner or operator may not combine a financial test covering part of
the liability coverage requirement with a guarantee unless the financial
statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage
demonstrated must total at least the minimum amounts required by this
section. If the owner or operator demonstrates the required coverage
through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such
assurance as ``primary'' coverage and shall specify other assurance as
``excess'' coverage.
(7) An owner or operator shall notify the Regional Administrator in
writing within 30 days whenever:
(i) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument
authorized in paragraphs (b)(1) through (b)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property
damages caused by a sudden or non-sudden accidental occurrence arising
from the operation of a hazardous secondary material treatment and/or
storage facility is entered between the owner or operator and third-
party claimant for liability coverage under paragraphs (b)(1) through
(b)(6) of this section; or
[[Page 131]]
(iii) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous secondary material
treatment and/or storage facility is issued against the owner or
operator or an instrument that is providing financial assurance for
liability coverage under paragraphs (b)(1) through (b)(6) of this
section.
(c) Request for variance. If an owner or operator can demonstrate to
the satisfaction of the Regional Administrator that the levels of
financial responsibility required by paragraph (a) or (b) of this
section are not consistent with the degree and duration of risk
associated with treatment and/or storage at the facility or group of
facilities, the owner or operator may obtain a variance from the
Regional Administrator. The request for a variance must be submitted in
writing to the Regional Administrator. If granted, the variance will
take the form of an adjusted level of required liability coverage, such
level to be based on the Regional Administrator's assessment of the
degree and duration of risk associated with the ownership or operation
of the facility or group of facilities. The Regional Administrator may
require an owner or operator who requests a variance to provide such
technical and engineering information as is deemed necessary by the
Regional Administrator to determine a level of financial responsibility
other than that required by paragraph (a) or (b) of this section.
(d) Adjustments by the Regional Administrator. If the Regional
Administrator determines that the levels of financial responsibility
required by paragraph (a) or (b) of this section are not consistent with
the degree and duration of risk associated with treatment and/or storage
at the facility or group of facilities, the Regional Administrator may
adjust the level of financial responsibility required under paragraph
(a) or (b) of this section as may be necessary to protect human health
and the environment. This adjusted level will be based on the Regional
Administrator's assessment of the degree and duration of risk associated
with the ownership or operation of the facility or group of facilities.
In addition, if the Regional Administrator determines that there is a
significant risk to human health and the environment from nonsudden
accidental occurrences resulting from the operations of a facility that
is not a surface impoundment, pile, or land treatment facility, he may
require that an owner or operator of the facility comply with paragraph
(b) of this section. An owner or operator must furnish to the Regional
Administrator, within a reasonable time, any information which the
Regional Administrator requests to determine whether cause exists for
such adjustments of level or type of coverage.
(e) Period of coverage. Within 60 days after receiving
certifications from the owner or operator and a qualified Professional
Engineer that all hazardous secondary materials have been removed from
the facility or a unit at the facility and the facility or a unit has
been decontaminated in accordance with the approved plan per
Sec. 261.143(h), the Regional Administrator will notify the owner or
operator in writing that he is no longer required under
Sec. 261.4(a)(24)(vi)(F) to maintain liability coverage for that
facility or a unit at the facility, unless the Regional Administrator
has reason to believe that that all hazardous secondary materials have
not been removed from the facility or unit at a facility or that the
facility or unit has not been decontaminated in accordance with the
approved plan.
(f) Financial test for liability coverage. (1) An owner or operator
may satisfy the requirements of this section by demonstrating that he
passes a financial test as specified in this paragraph. To pass this
test the owner or operator must meet the criteria of paragraph (f)(1)
(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Net working capital and tangible net worth each at least six
times the amount of liability coverage to be demonstrated by this test;
and
(B) Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to either:
(1) At least 90 percent of his total assets; or
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(2) at least six times the amount of liability coverage to be
demonstrated by this test.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA,
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as
issued by Moody's; and
(B) Tangible net worth of at least $10 million; and
(C) Tangible net worth at least six times the amount of liability
coverage to be demonstrated by this test; and
(D) Assets in the United States amounting to either:
(1) At least 90 percent of his total assets; or
(2) at least six times the amount of liability coverage to be
demonstrated by this test.
(2) The phrase ``amount of liability coverage'' as used in paragraph
(f)(1) of this section refers to the annual aggregate amounts for which
coverage is required under paragraphs (a) and (b) of this section and
the annual aggregate amounts for which coverage is required under
paragraphs (a) and (b) of 40 CFR 264.147 and 265.147.
(3) To demonstrate that he meets this test, the owner or operator
must submit the following three items to the Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial
officer and worded as specified in Sec. 261.151(f). If an owner or
operator is using the financial test to demonstrate both assurance as
specified by Sec. 261.143(e), and liability coverage, he must submit the
letter specified in Sec. 261.151(f) to cover both forms of financial
responsibility; a separate letter as specified in Sec. 261.151(e) is not
required.
(ii) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the
latest completed fiscal year.
(iii) If the chief financial officer's letter providing evidence of
financial assurance includes financial data showing that the owner or
operator satisfies paragraph (f)(1)(i) of this section that are
different from the data in the audited financial statements referred to
in paragraph (f)(3)(ii) of this section or any other audited financial
statement or data filed with the SEC, then a special report from the
owner's or operator's independent certified public accountant to the
owner or operator is required. The special report shall be based upon an
agreed upon procedures engagement in accordance with professional
auditing standards and shall describe the procedures performed in
comparing the data in the chief financial officer's letter derived from
the independently audited, year-end financial statements for the latest
fiscal year with the amounts in such financial statements, the findings
of the comparison, and the reasons for any difference.
(4) The owner or operator may obtain a one-time extension of the
time allowed for submission of the documents specified in paragraph
(f)(3) of this section if the fiscal year of the owner or operator ends
during the 90 days prior to the effective date of these regulations and
if the year-end financial statements for that fiscal year will be
audited by an independent certified public accountant. The extension
will end no later than 90 days after the end of the owner's or
operator's fiscal year. To obtain the extension, the owner's or
operator's chief financial officer must send, by the effective date of
these regulations, a letter to the Regional Administrator of each Region
in which the owner's or operator's facilities to be covered by the
financial test are located. This letter from the chief financial officer
must:
(i) Request the extension;
(ii) Certify that he has grounds to believe that the owner or
operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered by the test the EPA
Identification Number, name, address, the amount of liability coverage
and, when applicable, current closure and post-closure cost estimates to
be covered by the test;
(iv) Specify the date ending the owner's or operator's last complete
fiscal year before the effective date of these regulations;
(v) Specify the date, no later than 90 days after the end of such
fiscal year, when he will submit the documents specified in paragraph
(f)(3) of this section; and
[[Page 133]]
(vi) Certify that the year-end financial statements of the owner or
operator for such fiscal year will be audited by an independent
certified public accountant.
(5) After the initial submission of items specified in paragraph
(f)(3) of this section, the owner or operator must send updated
information to the Regional Administrator within 90 days after the close
of each succeeding fiscal year. This information must consist of all
three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of
paragraph (f)(1) of this section, he must obtain insurance, a letter of
credit, a surety bond, a trust fund, or a guarantee for the entire
amount of required liability coverage as specified in this section.
Evidence of liability coverage must be submitted to the Regional
Administrator within 90 days after the end of the fiscal year for which
the year-end financial data show that the owner or operator no longer
meets the test requirements.
(7) The Regional Administrator may disallow use of this test on the
basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's
or operator's financial statements (see paragraph (f)(3)(ii) of this
section). An adverse opinion or a disclaimer of opinion will be cause
for disallowance. The Regional Administrator will evaluate other
qualifications on an individual basis. The owner or operator must
provide evidence of insurance for the entire amount of required
liability coverage as specified in this section within 30 days after
notification of disallowance.
(g) Guarantee for liability coverage. (1) Subject to paragraph
(g)(2) of this section, an owner or operator may meet the requirements
of this section by obtaining a written guarantee, hereinafter referred
to as ``guarantee.'' The guarantor must be the direct or higher-tier
parent corporation of the owner or operator, a firm whose parent
corporation is also the parent corporation of the owner or operator, or
a firm with a ``substantial business relationship'' with the owner or
operator. The guarantor must meet the requirements for owners or
operators in paragraphs (f)(1) through (f)(6) of this section. The
wording of the guarantee must be identical to the wording specified in
Sec. 261.151(g)(2). A certified copy of the guarantee must accompany the
items sent to the Regional Administrator as specified in paragraph
(f)(3) of this section. One of these items must be the letter from the
guarantor's chief financial officer. If the guarantor's parent
corporation is also the parent corporation of the owner or operator,
this letter must describe the value received in consideration of the
guarantee. If the guarantor is a firm with a ``substantial business
relationship'' with the owner or operator, this letter must describe
this ``substantial business relationship'' and the value received in
consideration of the guarantee.
(i) If the owner or operator fails to satisfy a judgment based on a
determination of liability for bodily injury or property damage to third
parties caused by sudden or nonsudden accidental occurrences (or both as
the case may be), arising from the operation of facilities covered by
this corporate guarantee, or fails to pay an amount agreed to in
settlement of claims arising from or alleged to arise from such injury
or damage, the guarantor will do so up to the limits of coverage.
(ii) [Reserved]
(2)(i) In the case of corporations incorporated in the United
States, a guarantee may be used to satisfy the requirements of this
section only if the Attorneys General or Insurance Commissioners of:
(A) The State in which the guarantor is incorporated; and
(B) Each State in which a facility covered by the guarantee is
located have submitted a written statement to EPA that a guarantee
executed as described in this section and Sec. 264.151(g)(2) is a
legally valid and enforceable obligation in that State.
(ii) In the case of corporations incorporated outside the United
States, a guarantee may be used to satisfy the requirements of this
section only if:
(A) The non-U.S. corporation has identified a registered agent for
service
[[Page 134]]
of process in each State in which a facility covered by the guarantee is
located and in the State in which it has its principal place of
business; and if
(B) The Attorney General or Insurance Commissioner of each State in
which a facility covered by the guarantee is located and the State in
which the guarantor corporation has its principal place of business, has
submitted a written statement to EPA that a guarantee executed as
described in this section and Sec. 261.151(h)(2) is a legally valid and
enforceable obligation in that State.
(h) Letter of credit for liability coverage. (1) An owner or
operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit that conforms to the requirements
of this paragraph and submitting a copy of the letter of credit to the
Regional Administrator.
(2) The financial institution issuing the letter of credit must be
an entity that has the authority to issue letters of credit and whose
letter of credit operations are regulated and examined by a Federal or
State agency.
(3) The wording of the letter of credit must be identical to the
wording specified in Sec. 261.151(j).
(4) An owner or operator who uses a letter of credit to satisfy the
requirements of this section may also establish a standby trust fund.
Under the terms of such a letter of credit, all amounts paid pursuant to
a draft by the trustee of the standby trust will be deposited by the
issuing institution into the standby trust in accordance with
instructions from the trustee. The trustee of the standby trust fund
must be an entity which has the authority to act as a trustee and whose
trust operations are regulated and examined by a Federal or State
agency.
(5) The wording of the standby trust fund must be identical to the
wording specified in Sec. 261.151(m).
(i) Surety bond for liability coverage. (1) An owner or operator may
satisfy the requirements of this section by obtaining a surety bond that
conforms to the requirements of this paragraph and submitting a copy of
the bond to the Regional Administrator.
(2) The surety company issuing the bond must be among those listed
as acceptable sureties on Federal bonds in the most recent Circular 570
of the U.S. Department of the Treasury.
(3) The wording of the surety bond must be identical to the wording
specified in Sec. 261.151(k) of this chapter.
(4) A surety bond may be used to satisfy the requirements of this
section only if the Attorneys General or Insurance Commissioners of:
(i) The State in which the surety is incorporated; and
(ii) Each State in which a facility covered by the surety bond is
located have submitted a written statement to EPA that a surety bond
executed as described in this section and Sec. 261.151(k) is a legally
valid and enforceable obligation in that State.
(j) Trust fund for liability coverage. (1) An owner or operator may
satisfy the requirements of this section by establishing a trust fund
that conforms to the requirements of this paragraph and submitting an
originally signed duplicate of the trust agreement to the Regional
Administrator.
(2) The trustee must be an entity which has the authority to act as
a trustee and whose trust operations are regulated and examined by a
Federal or State agency.
(3) The trust fund for liability coverage must be funded for the
full amount of the liability coverage to be provided by the trust fund
before it may be relied upon to satisfy the requirements of this
section. If at any time after the trust fund is created the amount of
funds in the trust fund is reduced below the full amount of the
liability coverage to be provided, the owner or operator, by the
anniversary date of the establishment of the Fund, must either add
sufficient funds to the trust fund to cause its value to equal the full
amount of liability coverage to be provided, or obtain other financial
assurance as specified in this section to cover the difference. For
purposes of this paragraph, ``the full amount of the liability coverage
to be provided'' means the amount of coverage for sudden and/or
nonsudden occurrences required to be provided by the owner or operator
by this section, less the amount of financial assurance for liability
coverage that is being provided
[[Page 135]]
by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be identical to the wording
specified in Sec. 261.151(l).
Sec. 261.148 Incapacity of owners or operators, guarantors,
or financial institutions.
(a) An owner or operator must notify the Regional Administrator by
certified mail of the commencement of a voluntary or involuntary
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or
operator as debtor, within 10 days after commencement of the proceeding.
A guarantor of a corporate guarantee as specified in Sec. 261.143(e)
must make such a notification if he is named as debtor, as required
under the terms of the corporate guarantee.
(b) An owner or operator who fulfills the requirements of
Sec. 261.143 or Sec. 261.147 by obtaining a trust fund, surety bond,
letter of credit, or insurance policy will be deemed to be without the
required financial assurance or liability coverage in the event of
bankruptcy of the trustee or issuing institution, or a suspension or
revocation of the authority of the trustee institution to act as trustee
or of the institution issuing the surety bond, letter of credit, or
insurance policy to issue such instruments. The owner or operator must
establish other financial assurance or liability coverage within 60 days
after such an event.
Sec. 261.149 Use of State-required mechanisms.
(a) For a reclamation or intermediate facility located in a State
where EPA is administering the requirements of this subpart but where
the State has regulations that include requirements for financial
assurance of closure or liability coverage, an owner or operator may use
State-required financial mechanisms to meet the requirements of
Sec. 261.143 or Sec. 261.147 if the Regional Administrator determines
that the State mechanisms are at least equivalent to the financial
mechanisms specified in this subpart. The Regional Administrator will
evaluate the equivalency of the mechanisms principally in terms of
certainty of the availability of: Funds for the required closure
activities or liability coverage; and the amount of funds that will be
made available. The Regional Administrator may also consider other
factors as he deems appropriate. The owner or operator must submit to
the Regional Administrator evidence of the establishment of the
mechanism together with a letter requesting that the State-required
mechanism be considered acceptable for meeting the requirements of this
subpart. The submission must include the following information: The
facility's EPA Identification Number (if available), name, and address,
and the amount of funds for closure or liability coverage assured by the
mechanism. The Regional Administrator will notify the owner or operator
of his determination regarding the mechanism's acceptability in lieu of
financial mechanisms specified in this subpart. The Regional
Administrator may require the owner or operator to submit additional
information as is deemed necessary to make this determination. Pending
this determination, the owner or operator will be deemed to be in
compliance with the requirements of Sec. 261.143 or Sec. 261.147, as
applicable.
(b) If a State-required mechanism is found acceptable as specified
in paragraph (a) of this section except for the amount of funds
available, the owner or operator may satisfy the requirements of this
subpart by increasing the funds available through the State-required
mechanism or using additional financial mechanisms as specified in this
subpart. The amount of funds available through the State and Federal
mechanisms must at least equal the amount required by this subpart.
Sec. 261.150 State assumption of responsibility.
(a) If a State either assumes legal responsibility for an owner's or
operator's compliance with the closure or liability requirements of this
part or assures that funds will be available from State sources to cover
those requirements, the owner or operator will be in compliance with the
requirements of Sec. 261.143 or Sec. 261.147 if the Regional
Administrator determines that
[[Page 136]]
the State's assumption of responsibility is at least equivalent to the
financial mechanisms specified in this subpart. The Regional
Administrator will evaluate the equivalency of State guarantees
principally in terms of: Certainty of the availability of funds for the
required closure activities or liability coverage; and the amount of
funds that will be made available. The Regional Administrator may also
consider other factors as he deems appropriate. The owner or operator
must submit to the Regional Administrator a letter from the State
describing the nature of the State's assumption of responsibility
together with a letter from the owner or operator requesting that the
State's assumption of responsibility be considered acceptable for
meeting the requirements of this subpart. The letter from the State must
include, or have attached to it, the following information: The
facility's EPA Identification Number (if available), name, and address,
and the amount of funds for closure or liability coverage that are
guaranteed by the State. The Regional Administrator will notify the
owner or operator of his determination regarding the acceptability of
the State's guarantee in lieu of financial mechanisms specified in this
subpart. The Regional Administrator may require the owner or operator to
submit additional information as is deemed necessary to make this
determination. Pending this determination, the owner or operator will be
deemed to be in compliance with the requirements of Sec. 265.143 or
Sec. 265.147, as applicable.
(b) If a State's assumption of responsibility is found acceptable as
specified in paragraph (a) of this section except for the amount of
funds available, the owner or operator may satisfy the requirements of
this subpart by use of both the State's assurance and additional
financial mechanisms as specified in this subpart. The amount of funds
available through the State and Federal mechanisms must at least equal
the amount required by this subpart.
Sec. 261.151 Wording of the instruments.
(a)(1) A trust agreement for a trust fund, as specified in
Sec. 261.143(a) must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Trust Agreement
Trust Agreement, the ``Agreement,'' entered into as of [date] by and
between [name of the owner or operator], a [name of State] [insert
``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate trustee],
[insert ``incorporated in the State of ___-----'' or ``a national
bank''], the ``Trustee.''
Whereas, the United States Environmental Protection Agency, ``EPA,''
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator of a facility regulated under parts 264, or 265, or satisfying
the conditions of the exclusion under Sec. 261.4(a)(24) shall provide
assurance that funds will be available if needed for care of the
facility under 40 CFR parts 264 or 265, subparts G, as applicable ,
Whereas, the Grantor has elected to establish a trust to provide all
or part of such financial assurance for the facilities identified
herein,
Whereas, the Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee,
Now, Therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term ``Grantor'' means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
(b) The term ``Trustee'' means the Trustee who enters into this
Agreement and any successor Trustee.
Section 2. Identification of Facilities and Cost Estimates. This
Agreement pertains to the facilities and cost estimates identified on
attached Schedule A [on Schedule A, for each facility list the EPA
Identification Number (if available), name, address, and the current
cost estimates, or portions thereof, for which financial assurance is
demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby
establish a trust fund, the ``Fund,'' for the benefit of EPA in the
event that the hazardous secondary materials of the grantor no longer
meet the conditions of the exclusion under Sec. 261.4(a)(24). The
Grantor and the Trustee intend that no third party have access to the
Fund except as herein provided. The Fund is established initially as
consisting of the property, which is acceptable to the Trustee,
described in Schedule B attached hereto. Such property and any other
property subsequently transferred to the Trustee is referred
[[Page 137]]
to as the Fund, together with all earnings and profits thereon, less any
payments or distributions made by the Trustee pursuant to this
Agreement. The Fund shall be held by the Trustee, IN TRUST, as
hereinafter provided. The Trustee shall not be responsible nor shall it
undertake any responsibility for the amount or adequacy of, nor any duty
to collect from the Grantor, any payments necessary to discharge any
liabilities of the Grantor established by EPA.
Section 4. Payments from the Fund. The Trustee shall make payments
from the Fund as the EPA Regional Administrator shall direct, in
writing, to provide for the payment of the costs of the performance of
activities required under subpart G of 40 CFR parts 264 or 265 for the
facilities covered by this Agreement. The Trustee shall reimburse the
Grantor or other persons as specified by the EPA Regional Administrator
from the Fund for expenditures for such activities in such amounts as
the beneficiary shall direct in writing. In addition, the Trustee shall
refund to the Grantor such amounts as the EPA Regional Administrator
specifies in writing. Upon refund, such funds shall no longer constitute
part of the Fund as defined herein.
Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of cash or securities acceptable to
the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest
the principal and income of the Fund and keep the Fund invested as a
single fund, without distinction between principal and income, in
accordance with general investment policies and guidelines which the
Grantor may communicate in writing to the Trustee from time to time,
subject, however, to the provisions of this section. In investing,
reinvesting, exchanging, selling, and managing the Fund, the Trustee
shall discharge his duties with respect to the trust fund solely in the
interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstances then prevailing which persons of
prudence, acting in a like capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character and with
like aims; except that:
(i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2.(a), shall not be acquired or held, unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the
Fund to any common, commingled, or collective trust fund created by the
Trustee in which the Fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To purchase shares in any investment company registered under
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including
one which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee. The
Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting
the powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents
of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or
in the name of a nominee and to hold any security in bearer form or in
book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve bank, but the books and records of the
Trustee shall at all times show that all such securities are part of the
Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and
[[Page 138]]
(e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the
Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least
30 days prior to the anniversary date of establishment of the Fund,
furnish to the Grantor and to the appropriate EPA Regional Administrator
a statement confirming the value of the Trust. Any securities in the
Fund shall be valued at market value as of no more than 60 days prior to
the anniversary date of establishment of the Fund. The failure of the
Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the EPA Regional
Administrator shall constitute a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or liability
against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor, with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have
the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator, and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred
by the Trustee as a result of any of the acts contemplated by this
Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and
instructions by the Grantor to the Trustee shall be in writing, signed
by such persons as are designated in the attached Exhibit A or such
other designees as the Grantor may designate by amendment to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in
accordance with the Grantor's orders, requests, and instructions. All
orders, requests, and instructions by the EPA Regional Administrator to
the Trustee shall be in writing, signed by the EPA Regional
Administrators of the Regions in which the facilities are located, or
their designees, and the Trustee shall act and shall be fully protected
in acting in accordance with such orders, requests, and instructions.
The Trustee shall have the right to assume, in the absence of written
notice to the contrary, that no event constituting a change or a
termination of the authority of any person to act on behalf of the
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to
act in the absence of such orders, requests, and instructions from the
Grantor and/or EPA, except as provided for herein.
Section 15. Amendment of Agreement. This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
appropriate EPA Regional Administrator, or by the Trustee and the
appropriate EPA Regional Administrator if the Grantor ceases to exist.
Section 16. Irrevocability and Termination. Subject to the right of
the parties to amend this Agreement as provided in Section 16, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist. Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be delivered to the Grantor.
Section 17. Immunity and Indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the EPA Regional
Administrator issued in accordance with this Agreement. The Trustee
shall be indemnified and saved harmless by the Grantor or from the Trust
Fund, or both, from and against any personal liability to which the
Trustee may be subjected by reason of any act or conduct in its official
capacity, including all expenses reasonably incurred in its defense in
the event the Grantor fails to provide such defense.
[[Page 139]]
Section 18. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [insert
name of State].
Section 19. Interpretation. As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular. The descriptive headings for each Section of this Agreement
shall not affect the interpretation or the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first
above written: The parties below certify that the wording of this
Agreement is identical to the wording specified in 40 CFR 261.151(a)(1)
as such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of
acknowledgment which must accompany the trust agreement for a trust fund
as specified in Sec. 261.143(a) of this chapter. State requirements may
differ on the proper content of this acknowledgment.
State of_______________________________________________________________
County of______________________________________________________________
On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
[Signature of Notary Public]
(b) A surety bond guaranteeing payment into a trust fund, as
specified in Sec. 261.143(b) of this chapter, must be worded as follows,
except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted:
Financial Guarantee Bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert ``individual,'' ``joint venture,''
``partnership,'' or ``corporation'']
State of incorporation:________________________________________________
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address and amount(s) for each
facility guaranteed by this bond:_______________________________________
Total penal sum of bond: $_____________________________________________
Surety's bond number:__________________________________________________
Know All Persons By These Presents, That we, the Principal and
Surety(ies) are firmly bound to the U.S. EPA in the event that the
hazardous secondary materials at the reclamation or intermediate
facility listed below no longer meet the conditions of the exclusion
under 40 CFR 261.4(a)(24), in the above penal sum for the payment of
which we bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that, where the
Surety(ies) are corporations acting as co-sureties, we, the Sureties,
bind ourselves in such sum ``jointly and severally'' only for the
purpose of allowing a joint action or actions against any or all of us,
and for all other purposes each Surety binds itself, jointly and
severally with the Principal, for the payment of such sum only as is set
forth opposite the name of such Surety, but if no limit of liability is
indicated, the limit of liability shall be the full amount of the penal
sum.
Whereas said Principal is required, under the Resource Conservation
and Recovery Act as amended (RCRA), to have a permit or interim status
in order to own or operate each facility identified above, or to meet
conditions under 40 CFR sections 261.4(a)(24), and
Whereas said Principal is required to provide financial assurance as
a condition of permit or interim status or as a condition of an
exclusion under 40 CFR sections 261.4(a)(24) and
Whereas said Principal shall establish a standby trust fund as is
required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if
the Principal shall faithfully, before the beginning of final closure of
each facility identified above, fund the standby trust fund in the
amount(s) identified above for the facility,
Or, if the Principal shall satisfy all the conditions established
for exclusion of hazardous secondary materials from coverage as solid
waste under 40 CFR sections 261.4(a)(24),
Or, if the Principal shall fund the standby trust fund in such
amount(s) within 15 days after a final order to begin closure is issued
by an EPA Regional Administrator or a U.S. district court or other court
of competent jurisdiction,
[[Page 140]]
Or, if the Principal shall provide alternate financial assurance, as
specified in subpart H of 40 CFR part 261, as applicable, and obtain the
EPA Regional Administrator's written approval of such assurance, within
90 days after the date notice of cancellation is received by both the
Principal and the EPA Regional Administrator(s) from the Surety(ies),
then this obligation shall be null and void; otherwise it is to remain
in full force and effect.
The Surety(ies) shall become liable on this bond obligation only
when the Principal has failed to fulfill the conditions described above.
Upon notification by an EPA Regional Administrator that the Principal
has failed to perform as guaranteed by this bond, the Surety(ies) shall
place funds in the amount guaranteed for the facility(ies) into the
standby trust fund as directed by the EPA Regional Administrator.
The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the aggregate to the penal sum of
the bond, but in no event shall the obligation of the Surety(ies)
hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the Principal and to the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is (are)
located, provided, however, that cancellation shall not occur during the
120 days beginning on the date of receipt of the notice of cancellation
by both the Principal and the EPA Regional Administrator(s), as
evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to
the Surety(ies), provided, however, that no such notice shall become
effective until the Surety(ies) receive(s) written authorization for
termination of the bond by the EPA Regional Administrator(s) of the EPA
Region(s) in which the bonded facility(ies) is (are) located.
[The following paragraph is an optional rider that may be included
but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of
the bond yearly so that it guarantees a new amount, provided that the
penal sum does not increase by more than 20 percent in any one year, and
no decrease in the penal sum takes place without the written permission
of the EPA Regional Administrator(s).
In Witness Whereof, the Principal and Surety(ies) have executed this
Financial Guarantee Bond and have affixed their seals on the date set
forth above.
The persons whose signatures appear below hereby certify that they
are authorized to execute this surety bond on behalf of the Principal
and Surety(ies) and that the wording of this surety bond is identical to
the wording specified in 40 CFR 261.151(b) as such regulations were
constituted on the date this bond was executed.
Principal
[Signature(s)]__________________________________________________________
[Name(s)]_______________________________________________________________
[Title(s)]______________________________________________________________
_______________________________________________________________________
[Corporate seal]_______________________________________________________
Corporate Surety(ies)
[Name and address]
State of incorporation:________________________________________________
Liability limit:
$______________________________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other
information in the same manner as for Surety above.]
Bond premium: $________________________________________________________
(c) A letter of credit, as specified in Sec. 261.143(c) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:
Irrevocable Standby Letter of Credit
Regional Administrator(s)
Region(s)______________________________________________________________
U.S. Environmental Protection Agency
Dear Sir or Madam: We hereby establish our Irrevocable Standby
Letter of Credit No.____ in your favor, in the event that the hazardous
secondary materials at the covered reclamation or intermediary
facility(ies) no longer meet the conditions of the exclusion under 40
CFR 261.4(a)(24), at the request and for the account of [owner's or
operator's name and address] up to the aggregate amount of [in words]
U.S. dollars $____, available upon presentation of
(1) your sight draft, bearing reference to this letter of credit
No.__, and
(2) your signed statement reading as follows: ``I certify that the
amount of the draft is payable pursuant to regulations issued under
authority of the Resource Conservation and Recovery Act of 1976 as
amended.''
This letter of credit is effective as of [date] and shall expire on
[date at least 1 year later], but such expiration date shall be
automatically extended for a period of [at least 1 year] on [date] and
on each successive expiration date, unless, at least 120 days before the
current expiration date, we notify both you and [owner's or operator's
name] by
[[Page 141]]
certified mail that we have decided not to extend this letter of credit
beyond the current expiration date. In the event you are so notified,
any unused portion of the credit shall be available upon presentation of
your sight draft for 120 days after the date of receipt by both you and
[owner's or operator's name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance
with the terms of this credit, we shall duly honor such draft upon
presentation to us, and we shall deposit the amount of the draft
directly into the standby trust fund of [owner's or operator's name] in
accordance with your instructions.
We certify that the wording of this letter of credit is identical to
the wording specified in 40 CFR 261.151(c) as such regulations were
constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution] [Date]
This credit is subject to [insert ``the most recent edition of the
Uniform Customs and Practice for Documentary Credits, published and
copyrighted by the International Chamber of Commerce,'' or ``the Uniform
Commercial Code''].
(d) A certificate of insurance, as specified in Sec. 261.143(e) of
this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Certificate of Insurance
Name and Address of Insurer (herein called the ``Insurer''):
_______________________________________________________________________
Name and Address of Insured (herein called the ``Insured''):
_______________________________________________________________________
Facilities Covered: [List for each facility: The EPA Identification
Number (if any issued), name, address, and the amount of insurance for
all facilities covered, which must total the face amount shown below.
Face Amount:
_______________________________________________________________________
Policy Number:_________________________________________________________
Effective Date:
________________________________________________________________________
The Insurer hereby certifies that it has issued to the Insured the
policy of insurance identified above to provide financial assurance so
that in accordance with applicable regulations all hazardous secondary
materials can be removed from the facility or any unit at the facility
and the facility or any unit at the facility can be decontaminated at
the facilities identified above. The Insurer further warrants that such
policy conforms in all respects with the requirements of 40 CFR
261.143(d) as applicable and as such regulations were constituted on the
date shown immediately below. It is agreed that any provision of the
policy inconsistent with such regulations is hereby amended to eliminate
such inconsistency.
Whenever requested by the EPA Regional Administrator(s) of the U.S.
Environmental Protection Agency, the Insurer agrees to furnish to the
EPA Regional Administrator(s) a duplicate original of the policy listed
above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical
to the wording specified in 40 CFR 261.151(d) such regulations were
constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:________________________________________
[Date]
(e) A letter from the chief financial officer, as specified in
Sec. 261.143(e) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Letter From Chief Financial Officer
[Address to Regional Administrator of every Region in which
facilities for which financial responsibility is to be demonstrated
through the financial test are located].
I am the chief financial officer of [name and address of firm]. This
letter is in support of this firm's use of the financial test to
demonstrate financial assurance, as specified in subpart H of 40 CFR
part 261.
[Fill out the following nine paragraphs regarding facilities and
associated cost estimates. If your firm has no facilities that belong in
a particular paragraph, write ``None'' in the space indicated. For each
facility, include its EPA Identification Number (if any issued), name,
address, and current cost estimates.]
1. This firm is the owner or operator of the following facilities
for which financial assurance is demonstrated through the financial test
specified in subpart H of 40 CFR 261. The current cost estimates covered
by the test are shown for each facility: ____.
2. This firm guarantees, through the guarantee specified in subpart
H of 40 CFR part 261, the following facilities owned or operated by the
guaranteed party. The current
[[Page 142]]
cost estimates so guaranteed are shown for each facility: ____. The firm
identified above is [insert one or more: (1) The direct or higher-tier
parent corporation of the owner or operator; (2) owned by the same
parent corporation as the parent corporation of the owner or operator,
and receiving the following value in consideration of this
guarantee____, or (3) engaged in the following substantial business
relationship with the owner or operator ____, and receiving the
following value in consideration of this guarantee____]. [Attach a
written description of the business relationship or a copy of the
contract establishing such relationship to this letter].
3. In States where EPA is not administering the financial
requirements of subpart H of 40 CFR part 261, this firm, as owner or
operator or guarantor, is demonstrating financial assurance for the
following facilities through the use of a test equivalent or
substantially equivalent to the financial test specified in subpart H of
40 CFR part 261. The current cost estimates covered by such a test are
shown for each facility:____.
4. This firm is the owner or operator of the following hazardous
secondary materials management facilities for which financial assurance
is not demonstrated either to EPA or a State through the financial test
or any other financial assurance mechanism specified in subpart H of 40
CFR part 261 or equivalent or substantially equivalent State mechanisms.
The current cost estimates not covered by such financial assurance are
shown for each facility:____.
5. This firm is the owner or operator of the following UIC
facilities for which financial assurance for plugging and abandonment is
required under part 144. The current closure cost estimates as required
by 40 CFR 144.62 are shown for each facility:____.
6. This firm is the owner or operator of the following facilities
for which financial assurance for closure or post-closure care is
demonstrated through the financial test specified in subpart H of 40 CFR
parts 264 and 265. The current closure and/or post-closure cost
estimates covered by the test are shown for each facility: ____ .
7. This firm guarantees, through the guarantee specified in subpart
H of 40 CFR parts 264 and 265, the closure or post-closure care of the
following facilities owned or operated by the guaranteed party. The
current cost estimates for the closure or post-closure care so
guaranteed are shown for each facility: ____. The firm identified above
is [insert one or more: (1) The direct or higher-tier parent corporation
of the owner or operator; (2) owned by the same parent corporation as
the parent corporation of the owner or operator, and receiving the
following value in consideration of this guarantee ___; or (3) engaged
in the following substantial business relationship with the owner or
operator __, and receiving the following value in consideration of this
guarantee __]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to
this letter].
8. In States where EPA is not administering the financial
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner
or operator or guarantor, is demonstrating financial assurance for the
closure or post-closure care of the following facilities through the use
of a test equivalent or substantially equivalent to the financial test
specified in subpart H of 40 CFR parts 264 and 265. The current closure
and/or post-closure cost estimates covered by such a test are shown for
each facility: __.
9. This firm is the owner or operator of the following hazardous
waste management facilities for which financial assurance for closure
or, if a disposal facility, post-closure care, is not demonstrated
either to EPA or a State through the financial test or any other
financial assurance mechanism specified in subpart H of 40 CFR parts 264
and 265 or equivalent or substantially equivalent State mechanisms. The
current closure and/or post-closure cost estimates not covered by such
financial assurance are shown for each facility: __.
This firm [insert ``is required'' or ``is not required''] to file a
Form 10K with the Securities and Exchange Commission (SEC) for the
latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for
the following items marked with an asterisk are derived from this firm's
independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].
[Fill in Alternative I if the criteria of paragraph (e)(1)(i) of
Sec. 261.143 of this chapter are used. Fill in Alternative II if the
criteria of paragraph (e)(1)(ii) of Sec. 261.143(e) of this chapter are
used.]
Alternative I
1. Sum of current cost estimates [total of all cost estimates shown
in the nine paragraphs above] $__
*2. Total liabilities [if any portion of the cost estimates is
included in total liabilities, you may deduct the amount of that portion
from this line and add that amount to lines 3 and 4] $__
*3. Tangible net worth $____
*4. Net worth $____-
*5. Current assets $____
*6. Current liabilities $____
7. Net working capital [line 5 minus line 6] $____
*8. The sum of net income plus depreciation, depletion, and
amortization $____-
*9. Total assets in U.S. (required only if less than 90% of firm's
assets are located in the U.S.) $____-
[[Page 143]]
10. Is line 3 at least $10 million? (Yes/No) ____
11. Is line 3 at least 6 times line 1? (Yes/No) ____-
12. Is line 7 at least 6 times line 1? (Yes/No) ____-
*13. Are at least 90% of firm's assets located in the U.S.? If not,
complete line 14 (Yes/No) ____
14. Is line 9 at least 6 times line 1? (Yes/No) ____-
15. Is line 2 divided by line 4 less than 2.0? (Yes/No) ____-
16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) ____-
17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) ____-
Alternative II
1. Sum of current cost estimates [total of all cost estimates shown
in the eight paragraphs above] $____-
2. Current bond rating of most recent issuance of this firm and name
of rating service ____-
3. Date of issuance of bond ____-
4. Date of maturity of bond ____-
*5. Tangible net worth [if any portion of the cost estimates is
included in ``total liabilities'' on your firm's financial statements,
you may add the amount of that portion to this line] $____-
*6. Total assets in U.S. (required only if less than 90% of firm's
assets are located in the U.S.) $____-
7. Is line 5 at least $10 million? (Yes/No) ____
8. Is line 5 at least 6 times line 1? (Yes/No) ____
*9. Are at least 90% of firm's assets located in the U.S.? If not,
complete line 10 (Yes/No) ____
10. Is line 6 at least 6 times line 1? (Yes/No) ____-
I hereby certify that the wording of this letter is identical to the
wording specified in 40 CFR 261.151(e) as such regulations were
constituted on the date shown immediately below.
[Signature]____________________________________________________________
[Name]_________________________________________________________________
[Title]________________________________________________________________
[Date]_________________________________________________________________
________________________________________________________________________
(f) A letter from the chief financial officer, as specified in Sec.
261.147(f) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted.
Letter From Chief Financial Officer
[Address to Regional Administrator of every Region in which
facilities for which financial responsibility is to be demonstrated
through the financial test are located].
I am the chief financial officer of [firm's name and address]. This
letter is in support of the use of the financial test to demonstrate
financial responsibility for liability coverage under
Sec. 261.147[insert ``and costs assured Sec. 261.143(e)'' if applicable]
as specified in subpart H of 40 CFR part 261.
[Fill out the following paragraphs regarding facilities and
liability coverage. If there are no facilities that belong in a
particular paragraph, write ``None'' in the space indicated. For each
facility, include its EPA Identification Number (if any issued), name,
and address].
The firm identified above is the owner or operator of the following
facilities for which liability coverage for [insert ``sudden'' or
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences
is being demonstrated through the financial test specified in subpart H
of 40 CFR part 261:____
The firm identified above guarantees, through the guarantee
specified in subpart H of 40 CFR part 261, liability coverage for
[insert ``sudden'' or ``nonsudden'' or ``both sudden and nonsudden'']
accidental occurrences at the following facilities owned or operated by
the following: ____-. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or
operator; (2) owned by the same parent corporation as the parent
corporation of the owner or operator, and receiving the following value
in consideration of this guarantee -____; or (3) engaged in the
following substantial business relationship with the owner or operator
____-, and receiving the following value in consideration of this
guarantee ____-]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to
this letter.]
The firm identified above is the owner or operator of the following
facilities for which liability coverage for [insert ``sudden'' or
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences
is being demonstrated through the financial test specified in subpart H
of 40 CFR parts 264 and 265:____
The firm identified above guarantees, through the guarantee
specified in subpart H of 40 CFR parts 264 and 265, liability coverage
for [insert ``sudden'' or ``nonsudden'' or ``both sudden and
nonsudden''] accidental occurrences at the following facilities owned or
operated by the following: __. The firm identified above is [insert one
or more: (1) The direct or higher-tier parent corporation of the owner
or operator; (2) owned by the same parent corporation as the parent
corporation of the owner or operator, and receiving the following value
in consideration of this guarantee __; or (3) engaged in the following
substantial business relationship with the owner or operator __, and
receiving the following value in consideration of
[[Page 144]]
this guarantee __]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to
this letter.]
[If you are using the financial test to demonstrate coverage of both
liability and costs assured under Sec. 261.143(e) or closure or post-
closure care costs under 40 CFR 264.143, 264.145, 265.143 or 265.145,
fill in the following nine paragraphs regarding facilities and
associated cost estimates. If there are no facilities that belong in a
particular paragraph, write ``None'' in the space indicated. For each
facility, include its EPA identification number (if any issued), name,
address, and current cost estimates.]
1. This firm is the owner or operator of the following facilities
for which financial assurance is demonstrated through the financial test
specified in subpart H of 40 CFR 261. The current cost estimates covered
by the test are shown for each facility:____.
2. This firm guarantees, through the guarantee specified in subpart
H of 40 CFR part 261, the following facilities owned or operated by the
guaranteed party. The current cost estimates so guaranteed are shown for
each facility:____. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or
operator; (2) owned by the same parent corporation as the parent
corporation of the owner or operator, and receiving the following value
in consideration of this guarantee____, or (3) engaged in the following
substantial business relationship with the owner or operator ____, and
receiving the following value in consideration of this guarantee____].
[Attach a written description of the business relationship or a copy of
the contract establishing such relationship to this letter].
3. In States where EPA is not administering the financial
requirements of subpart H of 40 CFR part 261, this firm, as owner or
operator or guarantor, is demonstrating financial assurance for the
following facilities through the use of a test equivalent or
substantially equivalent to the financial test specified in subpart H of
40 CFR part 261. The current cost estimates covered by such a test are
shown for each facility:____.
4. This firm is the owner or operator of the following hazardous
secondary materials management facilities for which financial assurance
is not demonstrated either to EPA or a State through the financial test
or any other financial assurance mechanism specified in subpart H of 40
CFR part 261 or equivalent or substantially equivalent State mechanisms.
The current cost estimates not covered by such financial assurance are
shown for each facility:____.
5. This firm is the owner or operator of the following UIC
facilities for which financial assurance for plugging and abandonment is
required under part 144. The current closure cost estimates as required
by 40 CFR 144.62 are shown for each facility:____.
6. This firm is the owner or operator of the following facilities
for which financial assurance for closure or post-closure care is
demonstrated through the financial test specified in subpart H of 40 CFR
parts 264 and 265. The current closure and/or post-closure cost
estimates covered by the test are shown for each facility: ____.
7. This firm guarantees, through the guarantee specified in subpart
H of 40 CFR parts 264 and 265, the closure or post-closure care of the
following facilities owned or operated by the guaranteed party. The
current cost estimates for the closure or post-closure care so
guaranteed are shown for each facility: ____. The firm identified above
is [insert one or more: (1) The direct or higher-tier parent corporation
of the owner or operator; (2) owned by the same parent corporation as
the parent corporation of the owner or operator, and receiving the
following value in consideration of this guarantee ____; or (3) engaged
in the following substantial business relationship with the owner or
operator ____, and receiving the following value in consideration of
this guarantee ____].
[Attach a written description of the business relationship or a copy
of the contract establishing such relationship to this letter].
8. In States where EPA is not administering the financial
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner
or operator or guarantor, is demonstrating financial assurance for the
closure or post-closure care of the following facilities through the use
of a test equivalent or substantially equivalent to the financial test
specified in subpart H of 40 CFR parts 264 and 265. The current closure
and/or post-closure cost estimates covered by such a test are shown for
each facility: ____.
9. This firm is the owner or operator of the following hazardous
waste management facilities for which financial assurance for closure
or, if a disposal facility, post-closure care, is not demonstrated
either to EPA or a State through the financial test or any other
financial assurance mechanism specified in subpart H of 40 CFR parts 264
and 265 or equivalent or substantially equivalent State mechanisms. The
current closure and/or post-closure cost estimates not covered by such
financial assurance are shown for each facility: ____.
This firm [insert ``is required'' or ``is not required''] to file a
Form 10K with the Securities and Exchange Commission (SEC) for the
latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for
the following items marked with an asterisk are derived from this firm's
independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].
[[Page 145]]
Part A. Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of
Sec. 261.147 are used. Fill in Alternative II if the criteria of
paragraph (f)(1)(ii) of Sec. 261.147 are used.]
Alternative I
1. Amount of annual aggregate liability coverage to be demonstrated
$____-.
*2. Current assets $____-.
*3. Current liabilities $____-.
4. Net working capital (line 2 minus line 3) $____-.
*5. Tangible net worth $____-.
*6. If less than 90% of assets are located in the U.S., give total
U.S. assets $____-.
7. Is line 5 at least $10 million? (Yes/No) ____-.
8. Is line 4 at least 6 times line 1? (Yes/No) ____-.
9. Is line 5 at least 6 times line 1? (Yes/No) ____-.
*10. Are at least 90% of assets located in the U.S.? (Yes/No) ____.
If not, complete line 11.
11. Is line 6 at least 6 times line 1? (Yes/No) ____.
Alternative II
1. Amount of annual aggregate liability coverage to be demonstrated
$____-.
2. Current bond rating of most recent issuance and name of rating
service ____-____-.
3. Date of issuance of bond _________.
4. Date of maturity of bond _________.
*5. Tangible net worth $____-.
*6. Total assets in U.S. (required only if less than 90% of assets
are located in the U.S.) $____-.
7. Is line 5 at least $10 million? (Yes/No) ____-.
8. Is line 5 at least 6 times line 1? ____-.
9. Are at least 90% of assets located in the U.S.? If not, complete
line 10. (Yes/No) __.
10. Is line 6 at least 6 times line 1? ____-.
[Fill in part B if you are using the financial test to demonstrate
assurance of both liability coverage and costs assured under
Sec. 261.143(e) or closure or post-closure care costs under 40 CFR
264.143, 264.145, 265.143 or 265.145.]
Part B. Facility Care and Liability Coverage
[Fill in Alternative I if the criteria of paragraphs (e)(1)(i) of
Sec. 261.143 and (f)(1)(i) of Sec. 261.147 are used. Fill in Alternative
II if the criteria of paragraphs (e)(1)(ii) of Sec. 261.143 and
(f)(1)(ii) of Sec. 261.147 are used.]
Alternative I
1. Sum of current cost estimates (total of all cost estimates listed
above) $____-
2. Amount of annual aggregate liability coverage to be demonstrated
$____-
3. Sum of lines 1 and 2 $____
*4. Total liabilities (if any portion of your cost estimates is
included in your total liabilities, you may deduct that portion from
this line and add that amount to lines 5 and 6) $____-
*5. Tangible net worth $____
*6. Net worth $____-
*7. Current assets $____
*8. Current liabilities $____
9. Net working capital (line 7 minus line 8) $____
*10. The sum of net income plus depreciation, depletion, and
amortization $____-
*11. Total assets in U.S. (required only if less than 90% of assets
are located in the U.S.) $____
12. Is line 5 at least $10 million? (Yes/No)
13. Is line 5 at least 6 times line 3? (Yes/No)
14. Is line 9 at least 6 times line 3? (Yes/No)
*15. Are at least 90% of assets located in the U.S.? (Yes/No) If
not, complete line 16.
16. Is line 11 at least 6 times line 3? (Yes/No)
17. Is line 4 divided by line 6 less than 2.0? (Yes/No)
18. Is line 10 divided by line 4 greater than 0.1? (Yes/No)
19. Is line 7 divided by line 8 greater than 1.5? (Yes/No)
Alternative II
1. Sum of current cost estimates (total of all cost estimates listed
above) $____-
2. Amount of annual aggregate liability coverage to be demonstrated
$____-
3. Sum of lines 1 and 2 $____
4. Current bond rating of most recent issuance and name of rating
service _______-
5. Date of issuance of bond _______
6. Date of maturity of bond _______
*7. Tangible net worth (if any portion of the cost estimates is
included in ``total liabilities'' on your financial statements you may
add that portion to this line) $____-
*8. Total assets in the U.S. (required only if less than 90% of
assets are located in the U.S.) $____-
9. Is line 7 at least $10 million? (Yes/No)
10. Is line 7 at least 6 times line 3? (Yes/No)
*11. Are at least 90% of assets located in the U.S.? (Yes/No) If not
complete line 12.
12. Is line 8 at least 6 times line 3? (Yes/No)
I hereby certify that the wording of this letter is identical to the
wording specified in 40 CFR 261.151(f) as such regulations were
constituted on the date shown immediately below.
[Signature]____________________________________________________________
[Name]_________________________________________________________________
[[Page 146]]
[Title]________________________________________________________________
[Date]_________________________________________________________________
(g)(1) A corporate guarantee, as specified in Sec. 261.143(e) of
this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Corporate Guarantee for Facility Care
Guarantee made this [date] by [name of guaranteeing entity], a
business corporation organized under the laws of the State of [insert
name of State], herein referred to as guarantor. This guarantee is made
on behalf of the [owner or operator] of [business address], which is
[one of the following: ``our subsidiary''; ``a subsidiary of [name and
address of common parent corporation], of which guarantor is a
subsidiary''; or ``an entity with which guarantor has a substantial
business relationship, as defined in 40 CFR 264.141(h) and 265.141(h)''
to the United States Environmental Protection Agency (EPA).
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees
to comply with the reporting requirements for guarantors as specified in
40 CFR 261.143(e).
2. [Owner or operator] owns or operates the following facility(ies)
covered by this guarantee: [List for each facility: EPA Identification
Number (if any issued), name, and address.
3. ``Closure plans'' as used below refer to the plans maintained as
required by subpart H of 40 CFR part 261 for the care of facilities as
identified above.
4. For value received from [owner or operator], guarantor guarantees
that in the event of a determination by the Regional Administrator that
the hazardous secondary materials at the owner or operator's facility
covered by this guarantee do not meet the conditions of the exclusion
under Sec. 261.4(a)(24), the guarantor will dispose of any hazardous
secondary material as hazardous waste, and close the facility in
accordance with closure requirements found in parts 264 or 265 of this
chapter, as applicable, or establish a trust fund as specified in
Sec. 261.143(a) in the name of the owner or operator in the amount of
the current cost estimate.
5. Guarantor agrees that if, at the end of any fiscal year before
termination of this guarantee, the guarantor fails to meet the financial
test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator(s) for the Region(s) in which
the facility(ies) is(are) located and to [owner or operator] that he
intends to provide alternate financial assurance as specified in subpart
H of 40 CFR part 261, as applicable, in the name of [owner or operator].
Within 120 days after the end of such fiscal year, the guarantor shall
establish such financial assurance unless [owner or operator] has done
so.
6. The guarantor agrees to notify the EPA Regional Administrator by
certified mail, of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by an
EPA Regional Administrator of a determination that guarantor no longer
meets the financial test criteria or that he is disallowed from
continuing as a guarantor, he shall establish alternate financial
assurance as specified in of 40 CFR parts 264, 265, or subpart H of 40
CFR part 261, as applicable, in the name of [owner or operator] unless
[owner or operator] has done so.
8. Guarantor agrees to remain bound under this guarantee
notwithstanding any or all of the following: amendment or modification
of the closure plan, the extension or reduction of the time of
performance, or any other modification or alteration of an obligation of
the owner or operator pursuant to 40 CFR parts 264, 265, or Subpart H of
40 CFR part 261.
9. Guarantor agrees to remain bound under this guarantee for as long
as [owner or operator] must comply with the applicable financial
assurance requirements of 40 CFR parts 264 and 265 or the financial
assurance condition of 40 CFR 261.4(a)(24)(vi)(F) for the above-listed
facilities, except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct
or higher-tier corporate parent, or (b) a firm whose parent corporation
is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by
certified mail to the EPA Regional Administrator(s) for the Region(s) in
which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the
owner or operator] obtains, and the EPA Regional Administrator(s)
approve(s), alternate coverage complying with 40 CFR 261.143.
[Insert the following language if the guarantor is a firm qualifying
as a guarantor due to its ``substantial business relationship'' with the
owner or operator]
Guarantor may terminate this guarantee 120 days following the
receipt of notification, through certified mail, by the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are)
located and by [the owner or operator].
11. Guarantor agrees that if [owner or operator] fails to provide
alternate financial assurance as specified in 40 CFR parts 264, 265, or
subpart H of 40 CFR 261, as applicable, and obtain written approval of
such assurance
[[Page 147]]
from the EPA Regional Administrator(s) within 90 days after a notice of
cancellation by the guarantor is received by an EPA Regional
Administrator from guarantor, guarantor shall provide such alternate
financial assurance in the name of [owner or operator].
12. Guarantor expressly waives notice of acceptance of this
guarantee by the EPA or by [owner or operator]. Guarantor also expressly
waives notice of amendments or modifications of the closure plan and of
amendments or modifications of the applicable requirements of 40 CFR
parts 264, 265, or subpart H of 40 CFR 261.
I hereby certify that the wording of this guarantee is identical to
the wording specified in 40 CFR 261.151(g)(1) as such regulations were
constituted on the date first above written.
Effective date:________________________________________________________
[Name of guarantor]____________________________________________________
[Authorized signature for guarantor]___________________________________
[Name of person signing]_______________________________________________
[Title of person signing]______________________________________________
Signature of witness or notary:________________________________________
(2) A guarantee, as specified in Sec. 261.147(g) of this chapter,
must be worded as follows, except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:
Guarantee for Liability Coverage
Guarantee made this [date] by [name of guaranteeing entity], a
business corporation organized under the laws of [if incorporated within
the United States insert ``the State of ---------'' and insert name of
State; if incorporated outside the United States insert the name of the
country in which incorporated, the principal place of business within
the United States, and the name and address of the registered agent in
the State of the principal place of business], herein referred to as
guarantor. This guarantee is made on behalf of [owner or operator] of
[business address], which is one of the following: ``our subsidiary;''
``a subsidiary of [name and address of common parent corporation], of
which guarantor is a subsidiary;'' or ``an entity with which guarantor
has a substantial business relationship, as defined in 40 CFR [either
264.141(h) or 265.141(h)]'', to any and all third parties who have
sustained or may sustain bodily injury or property damage caused by
[sudden and/or nonsudden] accidental occurrences arising from operation
of the facility(ies) covered by this guarantee.
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees
to comply with the reporting requirements for guarantors as specified in
40 CFR 261.147(g).
2. [Owner or operator] owns or operates the following facility(ies)
covered by this guarantee: [List for each facility: EPA identification
number (if any issued), name, and address; and if guarantor is
incorporated outside the United States list the name and address of the
guarantor's registered agent in each State.] This corporate guarantee
satisfies RCRA third-party liability requirements for [insert ``sudden''
or ``nonsudden'' or ``both sudden and nonsudden''] accidental
occurrences in above-named owner or operator facilities for coverage in
the amount of [insert dollar amount] for each occurrence and [insert
dollar amount] annual aggregate.
3. For value received from [owner or operator], guarantor guarantees
to any and all third parties who have sustained or may sustain bodily
injury or property damage caused by [sudden and/or nonsudden] accidental
occurrences arising from operations of the facility(ies) covered by this
guarantee that in the event that [owner or operator] fails to satisfy a
judgment or award based on a determination of liability for bodily
injury or property damage to third parties caused by [sudden and/or
nonsudden] accidental occurrences, arising from the operation of the
above-named facilities, or fails to pay an amount agreed to in
settlement of a claim arising from or alleged to arise from such injury
or damage, the guarantor will satisfy such judgment(s), award(s) or
settlement agreement(s) up to the limits of coverage identified above.
4. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert owner or operator] would be obligated
to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator] arising from, and in
the course of, employment by [insert owner or operator]; or
(2) The spouse, child, parent, brother, or sister of that employee
as a consequence of, or arising from, and in the course of employment by
[insert owner or operator]. This exclusion applies:
(A) Whether [insert owner or operator] may be liable as an employer
or in any other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use,
[[Page 148]]
or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or
operator];
(2) Premises that are sold, given away or abandoned by [insert owner
or operator] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert owner or operator];
(4) Personal property in the care, custody or control of [insert
owner or operator];
(5) That particular part of real property on which [insert owner or
operator] or any contractors or subcontractors working directly or
indirectly on behalf of [insert owner or operator] are performing
operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at the end of any fiscal year before
termination of this guarantee, the guarantor fails to meet the financial
test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator[s] for the Region[s] in which
the facility[ies] is[are] located and to [owner or operator] that he
intends to provide alternate liability coverage as specified in 40 CFR
261.147, as applicable, in the name of [owner or operator]. Within 120
days after the end of such fiscal year, the guarantor shall establish
such liability coverage unless [owner or operator] has done so.
6. The guarantor agrees to notify the EPA Regional Administrator by
certified mail of a voluntary or involuntary proceeding under title 11
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding. Guarantor agrees that within 30
days after being notified by an EPA Regional Administrator of a
determination that guarantor no longer meets the financial test criteria
or that he is disallowed from continuing as a guarantor, he shall
establish alternate liability coverage as specified in 40 CFR 261.147 in
the name of [owner or operator], unless [owner or operator] has done so.
7. Guarantor reserves the right to modify this agreement to take
into account amendment or modification of the liability requirements set
by 40 CFR 261.147, provided that such modification shall become
effective only if a Regional Administrator does not disapprove the
modification within 30 days of receipt of notification of the
modification.
8. Guarantor agrees to remain bound under this guarantee for so long
as [owner or operator] must comply with the applicable requirements of
40 CFR 261.147 for the above-listed facility(ies), except as provided in
paragraph 10 of this agreement.
9. [Insert the following language if the guarantor is (a) a direct
or higher-tier corporate parent, or (b) a firm whose parent corporation
is also the parent corporation of the owner or operator]:
10. Guarantor may terminate this guarantee by sending notice by
certified mail to the EPA Regional Administrator(s) for the Region(s) in
which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the
owner or operator] obtains, and the EPA Regional Administrator(s)
approve(s), alternate liability coverage complying with 40 CFR 261.147.
[Insert the following language if the guarantor is a firm qualifying
as a guarantor due to its ``substantial business relationship'' with the
owner or operator]:
Guarantor may terminate this guarantee 120 days following receipt of
notification, through certified mail, by the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are)
located and by [the owner or operator].
11. Guarantor hereby expressly waives notice of acceptance of this
guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does
not affect any other responsibility or liability of the guarantor with
respect to the covered facilities.
13. The Guarantor shall satisfy a third-party liability claim only
on receipt of one of the following documents:
(a) Certification from the Principal and the third-party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Principal] and [insert name and
address of third-party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Principal's] facility
should be paid in the amount of $ .
[Signatures]___________________________________________________________
Principal______________________________________________________________
(Notary) Date__________________________________________________________
[Signatures]___________________________________________________________
Claimant(s)____________________________________________________________
(Notary) Date__________________________________________________________
(b) A valid final court order establishing a judgment against the
Principal for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.
14. In the event of combination of this guarantee with another
mechanism to meet liability requirements, this guarantee will be
considered [insert ``primary'' or ``excess''] coverage.
[[Page 149]]
I hereby certify that the wording of the guarantee is identical to
the wording specified in 40 CFR 261.151(g)(2) as such regulations were
constituted on the date shown immediately below.
Effective date:________________________________________________________
[Name of guarantor]____________________________________________________
[Authorized signature for guarantor]___________________________________
[Name of person signing]_______________________________________________
[Title of person signing]______________________________________________
Signature of witness or notary:________________________________________
(h) A hazardous waste facility liability endorsement as required
Sec. 261.147 must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Hazardous Secondary Material Reclamation/Intermediate Facility Liability
Endorsement
1. This endorsement certifies that the policy to which the
endorsement is attached provides liability insurance covering bodily
injury and property damage in connection with the insured's obligation
to demonstrate financial responsibility under 40 CFR 261.147. The
coverage applies at [list EPA Identification Number (if any issued),
name, and address for each facility] for [insert ``sudden accidental
occurrences,'' ``nonsudden accidental occurrences,'' or ``sudden and
nonsudden accidental occurrences''; if coverage is for multiple
facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences,
which are insured for nonsudden accidental occurrences, and which are
insured for both]. The limits of liability are [insert the dollar amount
of the ``each occurrence'' and ``annual aggregate'' limits of the
Insurer's liability], exclusive of legal defense costs.
2. The insurance afforded with respect to such occurrences is
subject to all of the terms and conditions of the policy; provided,
however, that any provisions of the policy inconsistent with subsections
(a) through (e) of this Paragraph 2 are hereby amended to conform with
subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured shall not relieve the
Insurer of its obligations under the policy to which this endorsement is
attached.
(b) 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. This provision
does not apply with respect to that amount of any deductible for which
coverage is demonstrated as specified in 40 CFR 261.147(f).
(c) Whenever requested by a Regional Administrator of the U.S.
Environmental Protection Agency (EPA), the Insurer agrees to furnish to
the Regional Administrator a signed duplicate original of the policy and
all endorsements.
(d) Cancellation of this endorsement, whether by the Insurer, the
insured, a parent corporation providing insurance coverage for its
subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the facility,
will be effective only upon written notice and only after the expiration
of 60 days after a copy of such written notice is received by the
Regional Administrator(s) of the EPA Region(s) in which the
facility(ies) is(are) located.
(e) Any other termination of this endorsement will be effective only
upon written notice and only after the expiration of thirty (30) days
after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is
(are) located.
Attached to and forming part of policy No. __ issued by [name of
Insurer], herein called the Insurer, of [address of Insurer] to [name of
insured] of [address] this ________ day of ________, 19__. The effective
date of said policy is ________ day of ________, 19__.
I hereby certify that the wording of this endorsement is identical
to the wording specified in 40 CFR 261.151(h) as such regulation was
constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(i) A certificate of liability insurance as required in Sec. 261.147
must be worded as follows, except that the instructions in brackets are
to be replaced with the relevant information and the brackets deleted:
Hazardous Secondary Material Reclamation/Intermediate Facility
Certificate of Liability Insurance
1. [Name of Insurer], (the ``Insurer''), of [address of Insurer]
hereby certifies that it has issued liability insurance covering bodily
injury and property damage to [name of insured], (the ``insured''), of
[address of insured] in connection with the insured's obligation to
demonstrate financial responsibility under 40 CFR parts 264, 265, and
the financial assurance condition of 40 CFR 261.4(a)(24)(vi)(F). The
coverage applies at [list EPA Identification Number (if any issued),
name, and address for each facility] for [insert ``sudden accidental
occurrences,'' ``nonsudden accidental occurrences,'' or
[[Page 150]]
``sudden and nonsudden accidental occurrences''; if coverage is for
multiple facilities and the coverage is different for different
facilities, indicate which facilities are insured for sudden accidental
occurrences, which are insured for nonsudden accidental occurrences, and
which are insured for both]. The limits of liability are [insert the
dollar amount of the ``each occurrence'' and ``annual aggregate'' limits
of the Insurer's liability], exclusive of legal defense costs. The
coverage is provided under policy number, issued on [date]. The
effective date of said policy is [date].
2. The Insurer further certifies the following with respect to the
insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the insured shall not relieve the
Insurer of its obligations under the policy.
(b) 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. This provision
does not apply with respect to that amount of any deductible for which
coverage is demonstrated as specified in 40 CFR 261.147.
(c) Whenever requested by a Regional Administrator of the U.S.
Environmental Protection Agency (EPA), the Insurer agrees to furnish to
the Regional Administrator a signed duplicate original of the policy and
all endorsements.
(d) Cancellation of the insurance, whether by the insurer, the
insured, a parent corporation providing insurance coverage for its
subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the hazardous
waste management facility, will be effective only upon written notice
and only after the expiration of 60 days after a copy of such written
notice is received by the Regional Administrator(s) of the EPA Region(s)
in which the facility(ies) is(are) located.
(e) Any other termination of the insurance will be effective only
upon written notice and only after the expiration of thirty (30) days
after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is
(are) located.
I hereby certify that the wording of this instrument is identical to the
wording specified in 40 CFR 261.151(i) as such regulation was
constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(j) A letter of credit, as specified in Sec. 261.147(h) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:
Irrevocable Standby Letter of Credit
Name and Address of Issuing Institution________________________________
Regional Administrator(s)______________________________________________
Region(s)______________________________________________________________
U.S. Environmental Protection Agency___________________________________
Dear Sir or Madam: We hereby establish our Irrevocable Standby
Letter of Credit No. ____----- in the favor of [''any and all third-
party liability claimants'' or insert name of trustee of the standby
trust fund], at the request and for the account of [owner or operator's
name and address] for third-party liability awards or settlements up to
[in words] U.S. dollars $____----- per occurrence and the annual
aggregate amount of [in words] U.S. dollars $__, for sudden accidental
occurrences and/or for third-party liability awards or settlements up to
the amount of [in words] U.S. dollars $____----- per occurrence, and the
annual aggregate amount of [in words] U.S. dollars $____-----, for
nonsudden accidental occurrences available upon presentation of a sight
draft bearing reference to this letter of credit No. ____-----, and
[insert the following language if the letter of credit is being used
without a standby trust fund: (1) a signed certificate reading as
follows:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operations of [principal's] facility
should be paid in the amount of $[ ]. We hereby certify that the claim
does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert principal] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert principal] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the
course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of,
[[Page 151]]
or arising from, and in the course of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in
any other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away or abandoned by [insert
principal] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert
principal];
(5) That particular part of real property on which [insert
principal] or any contractors or subcontractors working directly or
indirectly on behalf of [insert principal] are performing operations, if
the property damage arises out of these operations.
[Signatures]___________________________________________________________
Grantor________________________________________________________________
[Signatures]___________________________________________________________
Claimant(s)____________________________________________________________
or (2) a valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.]
This letter of credit is effective as of [date] and shall expire on
[date at least one year later], but such expiration date shall be
automatically extended for a period of [at least one year] on [date and
on each successive expiration date, unless, at least 120 days before the
current expiration date, we notify you, the USEPA Regional Administrator
for Region [Region], and [owner's or operator's name] by certified mail
that we have decided not to extend this letter of credit beyond the
current expiration date.
Whenever this letter of credit is drawn on under and in compliance
with the terms of this credit, we shall duly honor such draft upon
presentation to us.
[Insert the following language if a standby trust fund is not being
used: ``In the event that this letter of credit is used in combination
with another mechanism for liability coverage, this letter of credit
shall be considered [insert ``primary'' or ``excess'' coverage].''
We certify that the wording of this letter of credit is identical to
the wording specified in 40 CFR 261.151(j) as such regulations were
constituted on the date shown immediately below. [Signature(s) and
title(s) of official(s) of issuing institution] [Date].
This credit is subject to [insert ``the most recent edition of the
Uniform Customs and Practice for Documentary Credits, published and
copyrighted by the International Chamber of Commerce,'' or ``the Uniform
Commercial Code''].
(k) A surety bond, as specified in Sec. 261.147(i) of this chapter,
must be worded as follows: except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:
Payment Bond
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator], Principal,
incorporated in [Insert State of incorporation] of [Insert city and
State of principal place of business] and [Insert name and address of
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place
of business].
EPA Identification Number (if any issued), name, and address for
each facility guaranteed by this bond: __
_______________________________________________________________________
________________________________________________________________________
Nonsudden
Sudden accidental
accidental
occurrences
occurrences
_______________________________________________________________________
________________________________________________________________________
Penal Sum Per Occurrence.............. [insert amount].................... [insert amount]
Annual Aggregate...................... [insert amount].................... [insert amount]
________________________________________________________________________
________________________________________________________________________
Purpose: This is an agreement between the Surety(ies) and the
Principal under which the Surety(ies), its(their) successors and
assignees, agree to be responsible for the payment of claims against the
Principal for bodily injury and/or property damage to third parties
caused by [``sudden'' and/or ``nonsudden''] accidental occurrences
arising from operations of the facility or group of facilities in the
sums prescribed herein; subject to
[[Page 152]]
the governing provisions and the following conditions.
Governing Provisions:
(1) Section 3004 of the Resource Conservation and Recovery Act of
1976, as amended.
(2) Rules and regulations of the U.S. Environmental Protection
Agency (EPA), particularly 40 CFR parts 264, 265, and Subpart H of 40
CFR part 261 (if applicable).
(3) Rules and regulations of the governing State agency (if
applicable) [insert citation].
Conditions:
(1) The Principal is subject to the applicable governing provisions
that require the Principal to have and maintain liability coverage for
bodily injury and property damage to third parties caused by [``sudden''
and/or ``nonsudden''] accidental occurrences arising from operations of
the facility or group of facilities. Such obligation does not apply to
any of the following:
(a) Bodily injury or property damage for which [insert Principal] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert Principal] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert Principal] under a workers'
compensation, disability benefits, or unemployment compensation law or
similar law.
(c) Bodily injury to:
(1) An employee of [insert Principal] arising from, and in the
course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert Principal]. This exclusion applies:
(A) Whether [insert Principal] may be liable as an employer or in
any other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Principal];
(2) Premises that are sold, given away or abandoned by [insert
Principal] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert Principal];
(4) Personal property in the care, custody or control of [insert
Principal];
(5) That particular part of real property on which [insert
Principal] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Principal] are performing operations, if
the property damage arises out of these operations.
(2) This bond assures that the Principal will satisfy valid third
party liability claims, as described in condition 1.
(3) If the Principal fails to satisfy a valid third party liability
claim, as described above, the Surety(ies) becomes liable on this bond
obligation.
(4) The Surety(ies) shall satisfy a third party liability claim only
upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and [insert
name and address of third party claimant(s)], hereby certify that the
claim of bodily injury and/or property damage caused by a [sudden or
nonsudden] accidental occurrence arising from operating [Principal's]
facility should be paid in the amount of $[ ].
[Signature]
Principal
[Notary] Date
[Signature(s)]
Claimant(s)
[Notary] Date
or (b) A valid final court order establishing a judgment against the
Principal for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.
(5) In the event of combination of this bond with another mechanism
for liability coverage, this bond will be considered [insert ``primary''
or ``excess''] coverage.
(6) The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the aggregate to the penal sum of
the bond. In no event shall the obligation of the Surety(ies) hereunder
exceed the amount of said annual aggregate penal sum, provided that the
Surety(ies) furnish(es) notice to the Regional Administrator forthwith
of all claims filed and payments made by the Surety(ies) under this
bond.
(7) The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the Principal and the USEPA Regional
Administrator for Region [Region ], provided, however, that cancellation
shall not occur during the 120 days beginning on
[[Page 153]]
the date of receipt of the notice of cancellation by the Principal and
the Regional Administrator, as evidenced by the return receipt.
(8) The Principal may terminate this bond by sending written notice
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA
Region(s) in which the bonded facility(ies) is (are) located.
(9) The Surety(ies) hereby waive(s) notification of amendments to
applicable laws, statutes, rules and regulations and agree(s) that no
such amendment shall in any way alleviate its (their) obligation on this
bond.
(10) This bond is effective from [insert date] (12:01 a.m., standard
time, at the address of the Principal as stated herein) and shall
continue in force until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed this
Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they
are authorized to execute this surety bond on behalf of the Principal
and Surety(ies) and that the wording of this surety bond is identical to
the wording specified in 40 CFR 261.151(k), as such regulations were
constituted on the date this bond was executed.
PRINCIPAL
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:________________________________________________
Liability Limit: $_____________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other
information in the same manner as for Surety above.]
Bond premium: $________________________________________________________
(l)(1) A trust agreement, as specified in Sec. 261.147(j) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:
Trust Agreement
Trust Agreement, the ``Agreement,'' entered into as of [date] by and
between [name of the owner or operator] a [name of State] [insert
``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate trustee],
[insert, ``incorporated in the State of ____'' or ``a national bank''],
the ``trustee.''
Whereas, the United States Environmental Protection Agency, ``EPA,''
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator must demonstrate financial responsibility for bodily injury and
property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility
or group of facilities.
Whereas, the Grantor has elected to establish a trust to assure all
or part of such financial responsibility for the facilities identified
herein.
Whereas, the Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term ``Grantor'' means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
(b) The term ``Trustee'' means the Trustee who enters into this
Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to
the facilities identified on attached schedule A [on schedule A, for
each facility list the EPA Identification Number (if any issued), name,
and address of the facility(ies) and the amount of liability coverage,
or portions thereof, if more than one instrument affords combined
coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby
establish a trust fund, hereinafter the ``Fund,'' for the benefit of any
and all third parties injured or damaged by [sudden and/or nonsudden]
accidental occurrences arising from operation of the facility(ies)
covered by this guarantee, in the amounts of ____-[up to $1 million] per
occurrence and [up to $2 million] annual aggregate for sudden accidental
occurrences and ____ [up to $3 million] per occurrence and ____-[up to
$6 million] annual aggregate for nonsudden occurrences, except that the
Fund is not established for the benefit of third parties for the
following:
(a) Bodily injury or property damage for which [insert Grantor] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
[[Page 154]]
(1) An employee of [insert Grantor] arising from, and in the course
of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert Grantor]. This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any
other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert
Grantor] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert Grantor];
(4) Personal property in the care, custody or control of [insert
Grantor];
(5) That particular part of real property on which [insert Grantor]
or any contractors or subcontractors working directly or indirectly on
behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.
In the event of combination with another mechanism for liability
coverage, the Fund shall be considered [insert ``primary'' or
``excess''] coverage.
The Fund is established initially as consisting of the property,
which is acceptable to the Trustee, described in Schedule B attached
hereto. Such property and any other property subsequently transferred to
the Trustee is referred to as the Fund, together with all earnings and
profits thereon, less any payments or distributions made by the Trustee
pursuant to this Agreement. The Fund shall be held by the Trustee, IN
TRUST, as hereinafter provided. The Trustee shall not be responsible nor
shall it undertake any responsibility for the amount or adequacy of, nor
any duty to collect from the Grantor, any payments necessary to
discharge any liabilities of the Grantor established by EPA.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee
shall satisfy a third party liability claim by making payments from the
Fund only upon receipt of one of the following documents;
(a) Certification from the Grantor and the third party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] facility or
group of facilities should be paid in the amount of $[ ].
[Signatures]
Grantor
[Signatures]
Claimant(s)
(b) A valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of cash or securities acceptable to
the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest
the principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the
Trustee from time to time, subject, however, to the provisions of this
section. In investing, reinvesting, exchanging, selling, and managing
the Fund, the Trustee shall discharge his duties with respect to the
trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstance then prevailing
which persons of prudence, acting in a like capacity and familiar with
such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2.(a), shall not be acquired or held unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the
Fund to any common commingled, or collective trust fund created by the
Trustee in which the fund is eligible
[[Page 155]]
to participate, subject to all of the provisions thereof, to be
commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under
the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including
one which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee. The
Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting
the powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents
of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or
in the name of a nominee and to hold any security in bearer form or in
book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depository even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depository with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve bank, but the books and records of the
Trustee shall at all times show that all such securities are part of the
Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the
Trustee shall be paid from the Fund.
Section 10. Annual Valuations. The Trustee shall annually, at least
30 days prior to the anniversary date of establishment of the Fund,
furnish to the Grantor and to the appropriate EPA Regional Administrator
a statement confirming the value of the Trust. Any securities in the
Fund shall be valued at market value as of no more than 60 days prior to
the anniversary date of establishment of the Fund. The failure of the
Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the EPA Regional
Administrator shall constitute a conclusively binding assent by the
Grantor barring the Grantor from asserting any claim or liability
against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have
the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator, and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred
by the Trustee as a result of any of the acts contemplated by this
section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and
instructions by the Grantor to the Trustee shall be in writing, signed
by such persons as are designated in
[[Page 156]]
the attached Exhibit A or such other designees as the Grantor may
designate by amendments to Exhibit A. The Trustee shall be fully
protected in acting without inquiry in accordance with the Grantor's
orders, requests, and instructions. All orders, requests, and
instructions by the EPA Regional Administrator to the Trustee shall be
in writing, signed by the EPA Regional Administrators of the Regions in
which the facilities are located, or their designees, and the Trustee
shall act and shall be fully protected in acting in accordance with such
orders, requests, and instructions. The Trustee shall have the right to
assume, in the absence of written notice to the contrary, that no event
constituting a change or a termination of the authority of any person to
act on behalf of the Grantor or EPA hereunder has occurred. The Trustee
shall have no duty to act in the absence of such orders, requests, and
instructions from the Grantor and/or EPA, except as provided for herein.
Section 15. Notice of Nonpayment. If a payment for bodily injury or
property damage is made under Section 4 of this trust, the Trustee shall
notify the Grantor of such payment and the amount(s) thereof within five
(5) working days. The Grantor shall, on or before the anniversary date
of the establishment of the Fund following such notice, either make
payments to the Trustee in amounts sufficient to cause the trust to
return to its value immediately prior to the payment of claims under
Section 4, or shall provide written proof to the Trustee that other
financial assurance for liability coverage has been obtained equaling
the amount necessary to return the trust to its value prior to the
payment of claims. If the Grantor does not either make payments to the
Trustee or provide the Trustee with such proof, the Trustee shall within
10 working days after the anniversary date of the establishment of the
Fund provide a written notice of nonpayment to the EPA Regional
Administrator.
Section 16. Amendment of Agreement. This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
appropriate EPA Regional Administrator, or by the Trustee and the
appropriate EPA Regional Administrator if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of
the parties to amend this Agreement as provided in Section 16, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist. Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be delivered to the Grantor.
The Regional Administrator will agree to termination of the Trust
when the owner or operator substitutes alternate financial assurance as
specified in this section.
Section 18. Immunity and Indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the EPA Regional
Administrator issued in accordance with this Agreement. The Trustee
shall be indemnified and saved harmless by the Grantor or from the Trust
Fund, or both, from and against any personal liability to which the
Trustee may be subjected by reason of any act or conduct in its official
capacity, including all expenses reasonably incurred in its defense in
the event the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].
Section 20. Interpretation. As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular. The descriptive headings for each section of this Agreement
shall not affect the interpretation or the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first
above written. The parties below certify that the wording of this
Agreement is identical to the wording specified in 40 CFR 261.151(l) as
such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of
acknowledgement which must accompany the trust agreement for a trust
fund as specified in Sec. 261.147(j) of this chapter. State requirements
may differ on the proper
State of_______________________________________________________________
County of______________________________________________________________
[[Page 157]]
________________________________________________________________________
On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
[Signature of Notary Public]
(m)(1) A standby trust agreement, as specified in Sec. 261.147(h) of
this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Standby Trust Agreement
Trust Agreement, the ``Agreement,'' entered into as of [date] by and
between [name of the owner or operator] a [name of a State] [insert
``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate trustee],
[insert, ``incorporated in the State of ________'' or ``a national
bank''], the ``trustee.''
Whereas the United States Environmental Protection Agency, ``EPA,''
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator must demonstrate financial responsibility for bodily injury and
property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility
or group of facilities.
Whereas, the Grantor has elected to establish a standby trust into
which the proceeds from a letter of credit may be deposited to assure
all or part of such financial responsibility for the facilities
identified herein.
Whereas, the Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term Grantor means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
(b) The term Trustee means the Trustee who enters into this
Agreement and any successor Trustee.
Section 2. Identification of Facilities. This Agreement pertains to
the facilities identified on attached schedule A [on schedule A, for
each facility list the EPA Identification Number (if any issued), name,
and address of the facility(ies) and the amount of liability coverage,
or portions thereof, if more than one instrument affords combined
coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby
establish a standby trust fund, hereafter the ``Fund,'' for the benefit
of any and all third parties injured or damaged by [sudden and/or
nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee, in the amounts of ____-[up to
$1 million] per occurrence and ____-[up to $2 million] annual aggregate
for sudden accidental occurrences and ____-[up to $3 million] per
occurrence and ____-[up to $6 million] annual aggregate for nonsudden
occurrences, except that the Fund is not established for the benefit of
third parties for the following:
(a) Bodily injury or property damage for which [insert Grantor] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising from, and in the course
of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any
other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert
Grantor] if the property damage arises out of any part of those
premises;
(3) Property loaned by [insert Grantor];
(4) Personal property in the care, custody or control of [insert
Grantor];
(5) That particular part of real property on which [insert Grantor]
or any contractors or
[[Page 158]]
subcontractors working directly or indirectly on behalf of [insert
Grantor] are performing operations, if the property damage arises out of
these operations.
In the event of combination with another mechanism for liability
coverage, the Fund shall be considered [insert ``primary'' or
``excess''] coverage.
The Fund is established initially as consisting of the proceeds of
the letter of credit deposited into the Fund. Such proceeds and any
other property subsequently transferred to the Trustee is referred to as
the Fund, together with all earnings and profits thereon, less any
payments or distributions made by the Trustee pursuant to this
Agreement. The Fund shall be held by the Trustee, IN TRUST, as
hereinafter provided. The Trustee shall not be responsible nor shall it
undertake any responsibility for the amount or adequacy of, nor any duty
to collect from the Grantor, any payments necessary to discharge any
liabilities of the Grantor established by EPA.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee
shall satisfy a third party liability claim by drawing on the letter of
credit described in Schedule B and by making payments from the Fund only
upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] facility should
be paid in the amount of $[ ]
[Signature]____________________________________________________________
Grantor________________________________________________________________
[Signatures]___________________________________________________________
Claimant(s)____________________________________________________________
(b) A valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of the proceeds from the letter of
credit drawn upon by the Trustee in accordance with the requirements of
40 CFR 261.151(k) and Section 4 of this Agreement.
Section 6. Trustee Management. The Trustee shall invest and reinvest
the principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the
Trustee from time to time, subject, however, to the provisions of this
Section. In investing, reinvesting, exchanging, selling, and managing
the Fund, the Trustee shall discharge his duties with respect to the
trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstances then prevailing
which persons of prudence, acting in a like capacity and familiar with
such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2(a), shall not be acquired or held, unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or a State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the
Fund to any common, commingled, or collective trust fund created by the
Trustee in which the Fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To purchase shares in any investment company registered under
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including
one which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee. The
Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting
the powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents
of transfer and
[[Page 159]]
conveyance and any and all other instruments that may be necessary or
appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or
in the name of a nominee and to hold any security in bearer form or in
book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve Bank, but the books and records of the
Trustee shall at all times show that all such securities are part of the
Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements to the
Trustee shall be paid from the Fund.
Section 10. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor, with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation. The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.
Section 12. Successor Trustee. The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have
the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator and the present Trustee by certified mail
10 days before such change becomes effective. Any expenses incurred by
the Trustee as a result of any of the acts contemplated by this Section
shall be paid as provided in Section 9.
Section 13. Instructions to the Trustee. All orders, requests,
certifications of valid claims, and instructions to the Trustee shall be
in writing, signed by such persons as are designated in the attached
Exhibit A or such other designees as the Grantor may designate by
amendments to Exhibit A. The Trustee shall be fully protected in acting
without inquiry in accordance with the Grantor's orders, requests, and
instructions. The Trustee shall have the right to assume, in the absence
of written notice to the contrary, that no event constituting a change
or a termination of the authority of any person to act on behalf of the
Grantor or the EPA Regional Administrator hereunder has occurred. The
Trustee shall have no duty to act in the absence of such orders,
requests, and instructions from the Grantor and/or EPA, except as
provided for herein.
Section 14. Amendment of Agreement. This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
EPA Regional Administrator, or by the Trustee and the EPA Regional
Administrator if the Grantor ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of
the parties to amend this Agreement as provided in Section 14, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist. Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be paid to the Grantor.
The Regional Administrator will agree to termination of the Trust
when the owner or operator substitutes alternative financial assurance
as specified in this section.
Section 16. Immunity and indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor and the EPA Regional
Administrator issued in accordance
[[Page 160]]
with this Agreement. The Trustee shall be indemnified and saved harmless
by the Grantor or from the Trust Fund, or both, from and against any
personal liability to which the Trustee may be subjected by reason of
any act or conduct in its official capacity, including all expenses
reasonably incurred in its defense in the event the Grantor fails to
provide such defense.
Section 17. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].
Section 18. Interpretation. As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular. The descriptive headings for each Section of this Agreement
shall not affect the interpretation of the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first
above written. The parties below certify that the wording of this
Agreement is identical to the wording specified in 40 CFR 261.151(m) as
such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of
acknowledgement which must accompany the trust agreement for a standby
trust fund as specified in section 261.147(h) of this chapter. State
requirements may differ on the proper content of this acknowledgement.
State of_______________________________________________________________
County of______________________________________________________________
On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
[Signature of Notary Public]
Sec. Appendix I to Part 261--Representative Sampling Methods
The methods and equipment used for sampling waste materials will
vary with the form and consistency of the waste materials to be sampled.
Samples collected using the sampling protocols listed below, for
sampling waste with properties similar to the indicated materials, will
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered
material--ASTM Standard D346-75 Soil or rock-like material--ASTM
Standard D420-69 Soil-like material--ASTM Standard D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid waste--``COLIWASA.''
Liquid waste in pits, ponds, lagoons, and similar reservoirs--``Pond
Sampler.''
This manual also contains additional information on application of
these protocols.
[45 FR 33119, May 19, 1980, as amended at 70 FR 34562, June 14, 2005]
Sec. Appendixes II-III to Part 261 [Reserved]
Sec. Appendix IV to Part 261 [Reserved for Radioactive Waste Test
Methods]
Sec. Appendix V to Part 261 [Reserved for Infectious Waste Treatment
Specifications]
Sec. Appendix VI to Part 261 [Reserved for Etiologic Agents]
Sec. Appendix VII to Part 261--Basis for Listing Hazardous Waste
------------------------------------------------------------------------
Hazardous constituents for which
EPA hazardous waste No. listed
------------------------------------------------------------------------
F001............................ Tetrachloroethylene, methylene
chloride trichloroethylene, 1,1,1-
trichloroethane, carbon
tetrachloride, chlorinated
fluorocarbons.
F002............................ Tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, chlorobenzene, 1,1,2-
trichloro-1,2,2-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).
[[Page 161]]
F008............................ Cyanide (salts).
F009............................ Cyanide (salts).
F010............................ Cyanide (salts).
F011............................ Cyanide (salts).
F012............................ Cyanide (complexed).
F019............................ Hexavalent chromium, cyanide
(complexed).
F020............................ Tetra- and pentachlorodibenzo-p-
dioxins; tetra and pentachlorodi-
benzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F021............................ Penta- and hexachlorodibenzo-p-
dioxins; penta- and
hexachlorodibenzofurans;
pentachlorophenol and its
derivatives.
F022............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F023............................ Tetra-, and pentachlorodibenzo-p-
dioxins; tetra- and
pentachlorodibenzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F024............................ Chloromethane, dichloromethane,
trichloromethane, carbon
tetrachloride, chloroethylene, 1,1-
dichloroethane, 1,2-dichloroethane,
trans-1-2-dichloroethylene, 1,1-
dichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, trichloroethylene,
1,1,1,2-tetra-chloroethane, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene,
pentachloroethane, hexachloroethane,
allyl chloride (3-chloropropene),
dichloropropane, dichloropropene, 2-
chloro-1,3-butadiene, hexachloro-1,3-
butadiene, hexachlorocyclopentadiene,
hexachlorocyclohexane, benzene,
chlorbenzene, dichlorobenzenes, 1,2,4-
trichlorobenzene, tetrachlorobenzene,
pentachlorobenzene,
hexachlorobenzene, toluene,
naphthalene.
F025............................ Chloromethane; Dichloromethane;
Trichloromethane; Carbon
tetrachloride; Chloroethylene; 1,1-
Dichloroethane; 1,2-Dichloroethane;
trans-1,2-Dichloroethylene; 1,1-
Dichloroethylene; 1,1,1-
Trichloroethane; 1,1,2-
Trichloroethane; Trichloroethylene;
1,1,1,2-Tetrachloroethane; 1,1,2,2-
Tetrachloroethane;
Tetrachloroethylene;
Pentachloroethane; Hexachloroethane;
Allyl chloride (3-Chloropropene);
Dichloropropane; Dichloropropene; 2-
Chloro-1,3-butadiene; Hexachloro-1,3-
butadiene; Hexachlorocyclopentadiene;
Benzene; Chlorobenzene;
Dichlorobenzene; 1,2,4-
Trichlorobenzene; Tetrachlorobenzene;
Pentachlorobenzene;
Hexachlorobenzene; Toluene;
Naphthalene.
F026............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F027............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F028............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F032............................ Benz(a)anthracene, benzo(a)pyrene,
dibenz(a,h)-anthracene, indeno(1,2,3-
cd)pyrene, pentachlorophenol,
arsenic, chromium, tetra-, penta-,
hexa-, heptachlorodibenzo-p-dioxins,
tetra-, penta-, hexa-,
heptachlorodibenzofurans.
F034............................ Benz(a)anthracene,
benzo(k)fluoranthene, benzo(a)pyrene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene, naphthalene, arsenic,
chromium.
F035............................ Arsenic, chromium, lead.
F037............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.
F038............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.
F039............................ All constituents for which treatment
standards are specified for multi-
source leachate (wastewaters and
nonwastewaters) under 40 CFR 268.43,
Table CCW.
K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, creosote,
chrysene, naphthalene, fluoranthene,
benzo(b)fluoranthene, benzo(a)pyrene,
indeno(1,2,3-cd)pyrene,
benz(a)anthracene,
dibenz(a)anthracene, acenaphthalene.
K002............................ Hexavalent chromium, lead
K003............................ Hexavalent chromium, lead.
K004............................ Hexavalent chromium.
K005............................ Hexavalent chromium, lead.
K006............................ Hexavalent chromium.
K007............................ Cyanide (complexed), hexavalent
chromium.
K008............................ Hexavalent chromium.
K009............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid.
K010............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid,
chloroacetaldehyde.
K011............................ Acrylonitrile, acetonitrile,
hydrocyanic acid.
K013............................ Hydrocyanic acid, acrylonitrile,
acetonitrile.
K014............................ Acetonitrile, acrylamide.
K015............................ Benzyl chloride, chlorobenzene,
toluene, benzotrichloride.
K016............................ Hexachlorobenzene,
hexachlorobutadiene, carbon
tetrachloride, hexachloroethane,
perchloroethylene.
K017............................ Epichlorohydrin, chloroethers
[bis(chloromethyl) ether and bis (2-
chloroethyl) ethers],
trichloropropane, dichloropropanols.
K018............................ 1,2-dichloroethane, trichloroethylene,
hexachlorobutadiene,
hexachlorobenzene.
K019............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K020............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K021............................ Antimony, carbon tetrachloride,
chloroform.
K022............................ Phenol, tars (polycyclic aromatic
hydrocarbons).
K023............................ Phthalic anhydride, maleic anhydride.
K024............................ Phthalic anhydride, 1,4-
naphthoquinone.
K025............................ Meta-dinitrobenzene, 2,4-
dinitrotoluene.
K026............................ Paraldehyde, pyridines, 2-picoline.
K027............................ Toluene diisocyanate, toluene-2, 4-
diamine.
K028............................ 1,1,1-trichloroethane, vinyl chloride.
[[Page 162]]
K029............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, vinyl chloride,
vinylidene chloride, chloroform.
K030............................ Hexachlorobenzene,
hexachlorobutadiene,
hexachloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane, ethylene
dichloride.
K031............................ Arsenic.
K032............................ Hexachlorocyclopentadiene.
K033............................ Hexachlorocyclopentadiene.
K034............................ Hexachlorocyclopentadiene.
K035............................ Creosote, chrysene, naphthalene,
fluoranthene benzo(b) fluoranthene,
benzo(a)pyrene, indeno(1,2,3-cd)
pyrene, benzo(a)anthracene,
dibenzo(a)anthracene, acenaphthalene.
K036............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K037............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K038............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K039............................ Phosphorodithioic and phosphorothioic
acid esters.
K040............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K041............................ Toxaphene.
K042............................ Hexachlorobenzene, ortho-
dichlorobenzene.
K043............................ 2,4-dichlorophenol, 2,6-
dichlorophenol, 2,4,6-
trichlorophenol.
K044............................ N.A.
K045............................ N.A.
K046............................ Lead.
K047............................ N.A.
K048............................ Hexavalent chromium, lead.
K049............................ Hexavalent chromium, lead.
K050............................ Hexavalent chromium.
K051............................ Hexavalent chromium, lead.
K052............................ Lead.
K060............................ Cyanide, napthalene, phenolic
compounds, arsenic.
K061............................ Hexavalent chromium, lead, cadmium.
K062............................ Hexavalent chromium, lead.
K069............................ Hexavalent chromium, lead, cadmium.
K071............................ Mercury.
K073............................ Chloroform, carbon tetrachloride,
hexachloroethane, trichloroethane,
tetrachloroethylene,
dichloroethylene, 1,1,2,2-
tetrachloroethane.
K083............................ Aniline, diphenylamine, nitrobenzene,
phenylenediamine.
K084............................ Arsenic.
K085............................ Benzene, dichlorobenzenes,
trichlorobenzenes,
tetrachlorobenzenes,
pentachlorobenzene,
hexachlorobenzene, benzyl chloride.
K086............................ Lead, hexavalent chromium.
K087............................ Phenol, naphthalene.
K088............................ Cyanide (complexes).
K093............................ Phthalic anhydride, maleic anhydride.
K094............................ Phthalic anhydride.
K095............................ 1,1,2-trichloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane.
K096............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane.
K097............................ Chlordane, heptachlor.
K098............................ Toxaphene.
K099............................ 2,4-dichlorophenol, 2,4,6-
trichlorophenol.
K100............................ Hexavalent chromium, lead, cadmium.
K101............................ Arsenic.
K102............................ Arsenic.
K103............................ Aniline, nitrobenzene,
phenylenediamine.
K104............................ Aniline, benzene, diphenylamine,
nitrobenzene, phenylenediamine.
K105............................ Benzene, monochlorobenzene,
dichlorobenzenes, 2,4,6-
trichlorophenol.
K106............................ Mercury.
K107............................ 1,1-Dimethylhydrazine (UDMH).
K108............................ 1,1-Dimethylhydrazine (UDMH).
K109............................ 1,1-Dimethylhydrazine (UDMH).
K110............................ 1,1-Dimethylhydrazine (UDMH).
K111............................ 2,4-Dinitrotoluene.
K112............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K113............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K114............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine.
K115............................ 2,4-Toluenediamine.
K116............................ Carbon tetrachloride,
tetrachloroethylene, chloroform,
phosgene.
K117............................ Ethylene dibromide.
K118............................ Ethylene dibromide.
K123............................ Ethylene thiourea.
K124............................ Ethylene thiourea.
K125............................ Ethylene thiourea.
K126............................ Ethylene thiourea.
K131............................ Dimethyl sulfate, methyl bromide.
K132............................ Methyl bromide.
K136............................ Ethylene dibromide.
K141............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K142............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K143............................ Benzene, benz(a)anthracene,
benzo(b)fluoranthene,
benzo(k)fluoranthene.
K144............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene.
K145............................ Benzene, benz(a)anthracene,
benzo(a)pyrene,
dibenz(a,h)anthracene, naphthalene.
K147............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K148............................ Benz(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K149............................ Benzotrichloride, benzyl chloride,
chloroform, chloromethane,
chlorobenzene, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, toluene.
K150............................ Carbon tetrachloride, chloroform,
chloromethane, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene, 1,2,4-
trichlorobenzene.
K151............................ Benzene, carbon tetrachloride,
chloroform, hexachlorobenzene,
pentachlorobenzene, toluene, 1,2,4,5-
tetrachlorobenzene,
tetrachloroethylene.
K156............................ Benomyl, carbaryl, carbendazim,
carbofuran, carbosulfan,
formaldehyde, methylene chloride,
triethylamine.
K157............................ Carbon tetrachloride, formaldehyde,
methyl chloride, methylene chloride,
pyridine, triethylamine.
K158............................ Benomyl, carbendazim, carbofuran,
carbosulfan, chloroform, methylene
chloride.
K159............................ Benzene, butylate, eptc, molinate,
pebulate, vernolate.
K161............................ Antimony, arsenic, metam-sodium,
ziram.
K169............................ Benzene.
K170............................ Benzo(a)pyrene, dibenz(a,h)anthracene,
benzo (a) anthracene, benzo
(b)fluoranthene,
benzo(k)fluoranthene, 3-
methylcholanthrene, 7, 12-
dimethylbenz(a)anthracene.
[[Page 163]]
K171............................ Benzene, arsenic.
K172............................ Benzene, arsenic.
K174............................ 1,2,3,4,6,7,8-Heptachlorodibenzo-p-
dioxin (1,2,3,4,6,7,8-HpCDD),
1,2,3,4,6,7,8-Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
Heptachlorodibenzofuran
(1,2,3,6,7,8,9-HpCDF), HxCDDs (All
Hexachlorodibenzo-p-dioxins), HxCDFs
(All Hexachlorodibenzofurans), PeCDDs
(All Pentachlorodibenzo-p-dioxins),
OCDD (1,2,3,4,6,7,8,9-
Octachlorodibenzo-p-dioxin, OCDF
(1,2,3,4,6,7,8,9-
Octachlorodibenzofuran), PeCDFs (All
Pentachlorodibenzofurans), TCDDs (All
tetrachlorodi-benzo-p-dioxins), TCDFs
(All tetrachlorodibenzofurans).
K175............................ Mercury
K176............................ Arsenic, Lead.
K177............................ Antimony.
K178............................ Thallium.
K181............................ Aniline, o-anisidine, 4-chloroaniline,
p-cresidine, 2,4-dimethylaniline, 1,2-
phenylenediamine, 1,3-
phenylenediamine.
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the
characteristic of ignitability, corrosivity, or reactivity.
[46 FR 4619, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting appendix
VII, part 261, see the List of CFR Sections Affected, which appears in
the Finding Aids section of the printed volume and at www.fdsys.gov.
Appendix VIII to Part 261--Hazardous Constituents
----------------------------------------------------------------------------------------------------------------
Chemical Hazardous
Common name Chemical abstracts name abstracts No. waste No.
----------------------------------------------------------------------------------------------------------------
A2213...................................... Ethanimidothioic acid, 2- 30558-43-1 U394
(dimethylamino) -N-hydroxy-2-oxo-,
methyl ester.
Acetonitrile............................... Same............................... 75-05-8 U003
Acetophenone............................... Ethanone, 1-phenyl-................ 98-86-2 U004
2-Acetylaminefluarone...................... Acetamide, N-9H-fluoren-2-yl-...... 53-96-3 U005
Acetyl chloride............................ Same............................... 75-36-5 U006
1-Acetyl-2-thiourea........................ Acetamide, N-(aminothioxomethyl)-.. 591-08-2 P002
Acrolein................................... 2-Propenal......................... 107-02-8 P003
Acrylamide................................. 2-Propenamide...................... 79-06-1 U007
Acrylonitrile.............................. 2-Propenenitrile................... 107-13-1 U009
Aflatoxins................................. Same............................... 1402-68-2 ...........
Aldicarb................................... Propanal, 2-methyl-2-(methylthio)-, 116-06-3 P070
O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone........................... Propanal, 2-methyl-2- 1646-88-4 P203
(methylsulfonyl) -, O-
[(methylamino) carbonyl] oxime.
Aldrin..................................... 1,4,5,8-Dimethanonaphthalene, 309-00-2 P004
1,2,3,4,10,10-10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alph
a, 8abeta)-.
Allyl alcohol.............................. 2-Propen-1-ol...................... 107-18-6 P005
Allyl chloride............................. 1-Propane, 3-chloro................ 107-05-1 ...........
Aluminum phosphide......................... Same............................... 20859-73-8 P006
4-Aminobiphenyl............................ [1,1'-Biphenyl]-4-amine............ 92-67-1 ...........
5-(Aminomethyl)-3-isoxazolol............... 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4 P007
4-Aminopyridine............................ 4-Pyridinamine..................... 504-24-5 P008
Amitrole................................... 1H-1,2,4-Triazol-3-amine........... 61-82-5 U011
Ammonium vanadate.......................... Vanadic acid, ammonium salt........ 7803-55-6 P119
Aniline.................................... Benzenamine........................ 62-53-3 U012
o-Anisidine (2-methoxyaniline)............. Benzenamine, 2-Methoxy-............ 90-04-0 ...........
Antimony................................... Same............................... 7440-36-0 ...........
Antimony compounds, N.O.S. \1\............. ................................... ................. ...........
Aramite.................................... Sulfurous acid, 2-chloroethyl 2-[4- 140-57-8 ...........
(1,1-dimethylethyl)phenoxy]-1-
methylethyl ester.
Arsenic.................................... Same............................... 7440-38-2 ...........
Arsenic compounds, N.O.S. \1\.............. ................................... ................. ...........
Arsenic acid............................... Arsenic acid H3 AsO4............... 7778-39-4 P010
Arsenic pentoxide.......................... Arsenic oxide As2 O5............... 1303-28-2 P011
Arsenic trioxide........................... Arsenic oxide As2 O3............... 1327-53-3 P012
Auramine................................... Benzenamine, 4,4'- 492-80-8 U014
carbonimidoylbis[N,N-dimethyl.
Azaserine.................................. L-Serine, diazoacetate (ester)..... 115-02-6 U015
Barban..................................... Carbamic acid, (3-chlorophenyl) -, 101-27-9 U280
4-chloro-2-butynyl ester.
Barium..................................... Same............................... 7440-39-3 ...........
Barium compounds, N.O.S. \1\............... ................................... ................. ...........
[[Page 164]]
Barium cyanide............................. Same............................... 542-62-1 P013
Bendiocarb................................. 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22781-23-3 U278
, methyl carbamate.
Bendiocarb phenol.......................... 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22961-82-6 U364
,.
Benomyl.................................... Carbamic acid, [1- [(butylamino) 17804-35-2 U271
carbonyl]- 1H-benzimidazol-2-yl] -
, methyl ester.
Benz[c]acridine............................ Same............................... 225-51-4 U016
Benz[a]anthracene.......................... Same............................... 56-55-3 U018
Benzal chloride............................ Benzene, (dichloromethyl)-......... 98-87-3 U017
Benzene.................................... Same............................... 71-43-2 U019
Benzenearsonic acid........................ Arsonic acid, phenyl-.............. 98-05-5 ...........
Benzidine.................................. [1,1'-Biphenyl]-4,4'-diamine....... 92-87-5 U021
Benzo[b]fluoranthene....................... Benz[e]acephenanthrylene........... 205-99-2 ...........
Benzo[j]fluoranthene....................... Same............................... 205-82-3 ...........
Benzo(k)fluoranthene....................... Same............................... 207-08-9 ...........
Benzo[a]pyrene............................. Same............................... 50-32-8 U022
p-Benzoquinone............................. 2,5-Cyclohexadiene-1,4-dione....... 106-51-4 U197
Benzotrichloride........................... Benzene, (trichloromethyl)-........ 98-07-7 U023
Benzyl chloride............................ Benzene, (chloromethyl)-........... 100-44-7 P028
Beryllium powder........................... Same............................... 7440-41-7 P015
Beryllium compounds, N.O.S. \1\............ ................................... ................. ...........
Bis(pentamethylene)-thiuram tetrasulfide... Piperidine, 1,1'- 120-54-7 ...........
(tetrathiodicarbonothioyl)-bis-.
Bromoacetone............................... 2-Propanone, 1-bromo-.............. 598-31-2 P017
Bromoform.................................. Methane, tribromo-................. 75-25-2 U225
4-Bromophenyl phenyl ether................. Benzene, 1-bromo-4-phenoxy-........ 101-55-3 U030
Brucine.................................... Strychnidin-10-one, 2,3-dimethoxy-. 357-57-3 P018
Butyl benzyl phthalate..................... 1,2-Benzenedicarboxylic acid, butyl 85-68-7 ...........
phenylmethyl ester.
Butylate................................... Carbamothioic acid, bis(2- 2008-41-5 ...........
methylpropyl)-, S-ethyl ester.
Cacodylic acid............................. Arsinic acid, dimethyl-............ 75-60-5 U136
Cadmium.................................... Same............................... 7440-43-9 ...........
Cadmium compounds, N.O.S. \1\.............. ................................... ................. ...........
Calcium chromate........................... Chromic acid H2 CrO4, 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, 1H-benzimidazol-2- 10605-21-7 U372
yl, methyl ester.
Carbofuran................................. 7-Benzofuranol, 2,3-dihydro-2,2- 1563-66-2 P127
dimethyl-, methylcarbamate.
Carbofuran phenol.......................... 7-Benzofuranol, 2,3-dihydro-2,2- 1563-38-8 U367
dimethyl-.
Carbon disulfide........................... Same............................... 75-15-0 P022
Carbon oxyfluoride......................... Carbonic difluoride................ 353-50-4 U033
Carbon tetrachloride....................... Methane, tetrachloro-.............. 56-23-5 U211
Carbosulfan................................ Carbamic acid, [(dibutylamino) 55285-14-8 P189
thio] methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester.
Chloral.................................... Acetaldehyde, trichloro-........... 75-87-6 U034
Chlorambucil............................... Benzenebutanoic acid, 4-[bis(2- 305-03-3 U035
chloroethyl)amino]-.
Chlordane.................................. 4,7-Methano-1H-indene, 57-74-9 U036
1,2,4,5,6,7,8,8-octachloro-
2,3,3a,4,7,7a-hexahydro-.
Chlordane (alpha and gamma isomers)........ ................................... ................. U036
Chlorinated benzenes, N.O.S. \1\........... ................................... ................. ...........
Chlorinated ethane, N.O.S. \1\............. ................................... ................. ...........
Chlorinated fluorocarbons, N.O.S. \1\...... ................................... ................. ...........
Chlorinated naphthalene, N.O.S. \1\........ ................................... ................. ...........
Chlorinated phenol, N.O.S. \1\............. ................................... ................. ...........
Chlornaphazin.............................. Naphthalenamine, N,N'-bis(2- 494-03-1 U026
chloroethyl)-.
Chloroacetaldehyde......................... Acetaldehyde, chloro-.............. 107-20-0 P023
Chloroalkyl ethers, N.O.S. \1\............. ................................... ................. ...........
p-Chloroaniline............................ Benzenamine, 4-chloro-............. 106-47-8 P024
Chlorobenzene.............................. Benzene, chloro-................... 108-90-7 U037
Chlorobenzilate............................ Benzeneacetic acid, 4-chloro-alpha- 510-15-6 U038
(4-chlorophenyl)-alpha-hydroxy-,
ethyl ester.
p-Chloro-m-cresol.......................... Phenol, 4-chloro-3-methyl-......... 59-50-7 U039
2-Chloroethyl vinyl ether.................. Ethene, (2-chloroethoxy)-.......... 110-75-8 U042
Chloroform................................. Methane, trichloro-................ 67-66-3 U044
Chloromethyl methyl ether.................. Methane, chloromethoxy-............ 107-30-2 U046
beta-Chloronaphthalene..................... Naphthalene, 2-chloro-............. 91-58-7 U047
o-Chlorophenol............................. Phenol, 2-chloro-.................. 95-57-8 U048
1-(o-Chlorophenyl)thiourea................. Thiourea, (2-chlorophenyl)-........ 5344-82-1 P026
Chloroprene................................ 1,3-Butadiene, 2-chloro-........... 126-99-8 ...........
[[Page 165]]
3-Chloropropionitrile...................... Propanenitrile, 3-chloro-.......... 542-76-7 P027
Chromium................................... Same............................... 7440-47-3 ...........
Chromium compounds, N.O.S. \1\............. ................................... ................. ...........
Chrysene................................... Same............................... 218-01-9 U050
Citrus red No. 2........................... 2-Naphthalenol, 1-[(2,5- 6358-53-8 ...........
dimethoxyphenyl)azo]-.
Coal tar creosote.......................... Same............................... 8007-45-2 ...........
Copper cyanide............................. Copper cyanide CuCN................ 544-92-3 P029
Copper dimethyldithiocarbamate............. Copper, 137-29-1 ...........
bis(dimethylcarbamodithioato-S,S')-
,.
Creosote................................... Same............................... ................. U051
p-Cresidine................................ 2-Methoxy-5-methylbenzenamine...... 120-71-8 ...........
Cresol (Cresylic acid)..................... Phenol, methyl-.................... 1319-77-3 U052
Crotonaldehyde............................. 2-Butenal.......................... 4170-30-3 U053
m-Cumenyl methylcarbamate.................. Phenol, 3-(methylethyl)-, methyl 64-00-6 P202
carbamate.
Cyanides (soluble salts and complexes) ................................... ................. P030
N.O.S. \1\.
Cyanogen................................... Ethanedinitrile.................... 460-19-5 P031
Cyanogen bromide........................... Cyanogen bromide (CN)Br............ 506-68-3 U246
Cyanogen chloride.......................... Cyanogen chloride (CN)Cl........... 506-77-4 P033
Cycasin.................................... beta-D-Glucopyranoside, (methyl-ONN- 14901-08-7 ...........
azoxy)methyl.
Cycloate................................... Carbamothioic acid, cyclohexylethyl- 1134-23-2 ...........
, S-ethyl ester.
2-Cyclohexyl-4,6-dinitrophenol............. Phenol, 2-cyclohexyl-4,6-dinitro-.. 131-89-5 P034
Cyclophosphamide........................... 2H-1,3,2-Oxazaphosphorin-2-amine, 50-18-0 U058
N,N-bis(2-chloroethyl)tetrahydro-,
2-oxide.
2,4-D...................................... Acetic acid, (2,4-dichlorophenoxy)- 94-75-7 U240
2,4-D, salts, esters....................... ................................... ................. U240
Daunomycin................................. 5,12-Naphthacenedione, 8-acetyl-10- 20830-81-3 U059
[(3-amino-2,3,6-trideoxy-alpha-L-
lyxo- hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-.
Dazomet.................................... 2H-1,3,5-thiadiazine-2-thione, 533-74-4 ...........
tetrahydro-3,5-dimethyl.
DDD........................................ Benzene, 1,1'-(2,2- 72-54-8 U060
dichloroethylidene)bis[4-chloro-.
DDE........................................ Benzene, 1,1'- 72-55-9 ...........
(dichloroethenylidene)bis[4-chloro-
.
DDT........................................ Benzene, 1,1'-(2,2,2- 50-29-3 U061
trichloroethylidene)bis[4-chloro-.
Diallate................................... Carbamothioic acid, bis(1- 2303-16-4 U062
methylethyl)-, S-(2,3-dichloro-2-
propenyl) ester.
Dibenz[a,h]acridine........................ Same............................... 226-36-8 ...........
Dibenz[a,j]acridine........................ Same............................... 224-42-0 ...........
Dibenz[a,h]anthracene...................... Same............................... 53-70-3 U063
7H-Dibenzo[c,g]carbazole................... Same............................... 194-59-2 ...........
Dibenzo[a,e]pyrene......................... Naphtho[1,2,3,4-def]chrysene....... 192-65-4 ...........
Dibenzo[a,h]pyrene......................... Dibenzo[b,def]chrysene............. 189-64-0 ...........
Dibenzo[a,i]pyrene......................... Benzo[rst]pentaphene............... 189-55-9 U064
1,2-Dibromo-3-chloropropane................ Propane, 1,2-dibromo-3-chloro-..... 96-12-8 U066
Dibutyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-74-2 U069
dibutyl ester.
o-Dichlorobenzene.......................... Benzene, 1,2-dichloro-............. 95-50-1 U070
m-Dichlorobenzene.......................... Benzene, 1,3-dichloro-............. 541-73-1 U071
p-Dichlorobenzene.......................... Benzene, 1,4-dichloro-............. 106-46-7 U072
Dichlorobenzene, N.O.S. \1\................ Benzene, dichloro-................. 25321-22-6 ...........
3,3'-Dichlorobenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 91-94-1 U073
dichloro-.
1,4-Dichloro-2-butene...................... 2-Butene, 1,4-dichloro-............ 764-41-0 U074
Dichlorodifluoromethane.................... Methane, dichlorodifluoro-......... 75-71-8 U075
Dichloroethylene, N.O.S. \1\............... Dichloroethylene................... 25323-30-2 ...........
1,1-Dichloroethylene....................... Ethene, 1,1-dichloro-.............. 75-35-4 U078
1,2-Dichloroethylene....................... Ethene, 1,2-dichloro-, (E)-........ 156-60-5 U079
Dichloroethyl 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'- 111-91-1 U024
[methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether....................... Methane, oxybis[chloro-............ 542-88-1 P016
2,4-Dichlorophenol......................... Phenol, 2,4-dichloro-.............. 120-83-2 U081
2,6-Dichlorophenol......................... Phenol, 2,6-dichloro-.............. 87-65-0 U082
Dichlorophenylarsine....................... Arsonous dichloride, phenyl-....... 696-28-6 P036
Dichloropropane, N.O.S. \1\................ Propane, dichloro-................. 26638-19-7 ...........
Dichloropropanol, N.O.S. \1\............... Propanol, dichloro-................ 26545-73-3 ...........
Dichloropropene, N.O.S. \1\................ 1-Propene, dichloro-............... 26952-23-8 ...........
1,3-Dichloropropene........................ 1-Propene, 1,3-dichloro-........... 542-75-6 U084
[[Page 166]]
Dieldrin................................... 2,7:3,6-Dimethanonaphth[2,3- 60-57-1 P037
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta
, 6aalpha,7beta,7aalpha)-.
1,2:3,4-Diepoxybutane...................... 2,2'-Bioxirane..................... 1464-53-5 U085
Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038
Diethylene glycol, dicarbamate............. Ethanol, 2,2'-oxybis-, dicarbamate. 5952-26-1 U395
1,4-Diethyleneoxide........................ 1,4-Dioxane........................ 123-91-1 U108
Diethylhexyl phthalate..................... 1,2-Benzenedicarboxylic acid, bis(2- 117-81-7 U028
ethylhexyl) ester.
N,N'-Diethylhydrazine...................... Hydrazine, 1,2-diethyl-............ 1615-80-1 U086
O,O-Diethyl S-methyl dithiophosphate....... Phosphorodithioic acid, O,O-diethyl 3288-58-2 U087
S-methyl ester.
Diethyl-p-nitrophenyl phosphate............ Phosphoric acid, diethyl 4- 311-45-5 P041
nitrophenyl ester.
Diethyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-66-2 U088
diethyl ester.
O,O-Diethyl O-pyrazinylphosphoro-thioate... Phosphorothioic acid, O,O-diethyl O- 297-97-2 P040
pyrazinyl ester.
Diethylstilbesterol........................ Phenol, 4,4'-(1,2-diethyl-1,2- 56-53-1 U089
ethenediyl)bis-, (E)-.
Dihydrosafrole............................. 1,3-Benzodioxole, 5-propyl-........ 94-58-6 U090
Diisopropylfluorophosphate (DFP)........... Phosphorofluoridic acid, bis(1- 55-91-4 P043
methylethyl) ester.
Dimethoate................................. Phosphorodithioic acid, O,O- 60-51-5 P044
dimethyl S-[2-(methylamino)-2-
oxoethyl] ester.
3,3'-Dimethoxybenzidine.................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-90-4 U091
dimethoxy-.
p-Dimethylaminoazobenzene.................. Benzenamine, N,N-dimethyl-4- 60-11-7 U093
(phenylazo)-.
2,4-Dimethylaniline (2,4-xylidine)......... Benzenamine, 2,4-dimethyl-......... 95-68-1 ...........
7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U094
3,3'-Dimethylbenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-93-7 U095
dimethyl-.
Dimethylcarbamoyl chloride................. Carbamic chloride, dimethyl-....... 79-44-7 U097
1,1-Dimethylhydrazine...................... Hydrazine, 1,1-dimethyl-........... 57-14-7 U098
1,2-Dimethylhydrazine...................... Hydrazine, 1,2-dimethyl-........... 540-73-8 U099
alpha,alpha-Dimethylphenethylamine......... Benzeneethanamine, alpha,alpha- 122-09-8 P046
dimethyl-.
2,4-Dimethylphenol......................... Phenol, 2,4-dimethyl-.............. 105-67-9 U101
Dimethyl phthalate......................... 1,2-Benzenedicarboxylic acid, 131-11-3 U102
dimethyl ester.
Dimethyl sulfate........................... Sulfuric acid, dimethyl ester...... 77-78-1 U103
Dimetilan.................................. Carbamic acid, dimethyl-, 1- 644-64-4 P191
[(dimethylamino) carbonyl]-5-
methyl-1H-pyrazol-3-yl ester.
Dinitrobenzene, N.O.S. \1\................. Benzene, dinitro-.................. 25154-54-5 ...........
4,6-Dinitro-o-cresol....................... Phenol, 2-methyl-4,6-dinitro-...... 534-52-1 P047
4,6-Dinitro-o-cresol salts................. ................................... ................. P047
2,4-Dinitrophenol.......................... Phenol, 2,4-dinitro-............... 51-28-5 P048
2,4-Dinitrotoluene......................... Benzene, 1-methyl-2,4-dinitro-..... 121-14-2 U105
2,6-Dinitrotoluene......................... Benzene, 2-methyl-1,3-dinitro-..... 606-20-2 U106
Dinoseb.................................... Phenol, 2-(1-methylpropyl)-4,6- 88-85-7 P020
dinitro-.
Di-n-octyl phthalate....................... 1,2-Benzenedicarboxylic acid, 117-84-0 U017
dioctyl ester.
Diphenylamine.............................. Benzenamine, N-phenyl-............. 122-39-4 ...........
1,2-Diphenylhydrazine...................... Hydrazine, 1,2-diphenyl-........... 122-66-7 U109
Di-n-propylnitrosamine..................... 1-Propanamine, N-nitroso-N-propyl-. 621-64-7 U111
Disulfiram................................. Thioperoxydicarbonic diamide, 97-77-8 ...........
tetraethyl.
Disulfoton................................. Phosphorodithioic acid, O,O-diethyl 298-04-4 P039
S-[2-(ethylthio)ethyl] ester.
Dithiobiuret............................... Thioimidodicarbonic diamide [(H2 541-53-7 P049
N)C(S)]2 NH.
Endosulfan................................. 6,9-Methano-2,4,3- 115-29-7 P050
benzodioxathiepin, 6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-
hexahydro-, 3-oxide.
Endothall.................................. 7-Oxabicyclo[2.2.1]heptane-2,3- 145-73-3 P088
dicarboxylic acid.
Endrin..................................... 2,7:3,6-Dimethanonaphth[2,3- 72-20-8 P051
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octa-hydro-,
(1aalpha,2beta,2abeta,3alpha,6alph
a, 6abeta,7beta,7aalpha)-.
Endrin metabolites......................... ................................... ................. P051
Epichlorohydrin............................ Oxirane, (chloromethyl)-........... 106-89-8 U041
Epinephrine................................ 1,2-Benzenediol, 4-[1-hydroxy-2- 51-43-4 P042
(methylamino)ethyl]-, (R)-.
EPTC....................................... Carbamothioic acid, dipropyl-, S- 759-94-4 ...........
ethyl ester.
Ethyl carbamate (urethane)................. Carbamic acid, ethyl ester......... 51-79-6 U238
Ethyl cyanide.............................. Propanenitrile..................... 107-12-0 P101
[[Page 167]]
Ethyl Ziram................................ Zinc, bis(diethylcarbamodithioato- 14324-55-1 ...........
S,S')-.
Ethylenebisdithiocarbamic acid............. Carbamodithioic acid, 1,2- 111-54-6 U114
ethanediylbis-.
Ethylenebisdithiocarbamic acid, salts and ................................... ................. U114
esters.
Ethylene dibromide......................... Ethane, 1,2-dibromo-............... 106-93-4 U067
Ethylene dichloride........................ Ethane, 1,2-dichloro-.............. 107-06-2 U077
Ethylene glycol monoethyl ether............ Ethanol, 2-ethoxy-................. 110-80-5 U359
Ethyleneimine.............................. Aziridine.......................... 151-56-4 P054
Ethylene oxide............................. Oxirane............................ 75-21-8 U115
Ethylenethiourea........................... 2-Imidazolidinethione.............. 96-45-7 U116
Ethylidene dichloride...................... Ethane, 1,1-dichloro-.............. 75-34-3 U076
Ethyl methacrylate......................... 2-Propenoic acid, 2-methyl-, ethyl 97-63-2 U118
ester.
Ethyl methanesulfonate..................... Methanesulfonic acid, ethyl ester.. 62-50-0 U119
Famphur.................................... Phosphorothioic acid, O-[4- 52-85-7 P097
[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester.
Ferbam..................................... Iron, tris(dimethylcarbamodithioato- 14484-64-1 ...........
S,S')-,.
Fluoranthene............................... Same............................... 206-44-0 U120
Fluorine................................... Same............................... 7782-41-4 P056
Fluoroacetamide............................ Acetamide, 2-fluoro-............... 640-19-7 P057
Fluoroacetic acid, sodium salt............. Acetic acid, fluoro-, sodium salt.. 62-74-8 P058
Formaldehyde............................... Same............................... 50-00-0 U122
Formetanate hydrochloride.................. Methanimidamide, N,N-dimethyl-N'-[3- 23422-53-9 P198
[[(methylamino)
carbonyl]oxy]phenyl]-,
monohydrochloride.
Formic acid................................ Same............................... 64-18-6 U123
Formparanate............................... Methanimidamide, N,N-dimethyl-N'-[2- 17702-57-7 P197
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-.
Glycidylaldehyde........................... Oxiranecarboxyaldehyde............. 765-34-4 U126
Halomethanes, N.O.S. \1\................... ................................... ................. ...........
Heptachlor................................. 4,7-Methano-1H-indene, 76-44-8 P059
1,4,5,6,7,8,8-heptachloro-
3a,4,7,7a-tetrahydro-.
Heptachlor epoxide......................... 2,5-Methano-2H-indeno[1,2- 1024-57-3 ...........
b]oxirene, 2,3,4,5,6,7,7-
heptachloro-1a,1b,5,5a,6,6a-hexa-
hydro-,
(1aalpha,1bbeta,2alpha,5alpha,
5abeta,6beta,6aalpha)-.
Heptachlor epoxide (alpha, beta, and gamma ................................... ................. ...........
isomers).
Heptachlorodibenzofurans................... ................................... ................. ...........
Heptachlorodibenzo-p-dioxins............... ................................... ................. ...........
Hexachlorobenzene.......................... Benzene, hexachloro-............... 118-74-1 U127
Hexachlorobutadiene........................ 1,3-Butadiene, 1,1,2,3,4,4- 87-68-3 U128
hexachloro-.
Hexachlorocyclopentadiene.................. 1,3-Cyclopentadiene, 1,2,3,4,5,5- 77-47-4 U130
hexachloro-.
Hexachlorodibenzo-p-dioxins................ ................................... ................. ...........
Hexachlorodibenzofurans.................... ................................... ................. ...........
Hexachloroethane........................... Ethane, hexachloro-................ 67-72-1 U131
Hexachlorophene............................ Phenol, 2,2'-methylenebis[3,4,6- 70-30-4 U132
trichloro-.
Hexachloropropene.......................... 1-Propene, 1,1,2,3,3,3-hexachloro-. 1888-71-7 U243
Hexaethyl tetraphosphate................... Tetraphosphoric acid, hexaethyl 757-58-4 P062
ester.
Hydrazine.................................. Same............................... 302-01-2 U133
Hydrogen cyanide........................... Hydrocyanic acid................... 74-90-8 P063
Hydrogen fluoride.......................... Hydrofluoric acid.................. 7664-39-3 U134
Hydrogen sulfide........................... Hydrogen sulfide H2 S.............. 7783-06-4 U135
Indeno[1,2,3-cd]pyrene..................... Same............................... 193-39-5 U137
3-Iodo-2-propynyl n-butylcarbamate......... Carbamic acid, butyl-, 3-iodo-2- 55406-53-6 ...........
propynyl ester.
Isobutyl alcohol........................... 1-Propanol, 2-methyl-.............. 78-83-1 U140
Isodrin.................................... 1,4,5,8-Dimethanonaphthalene, 465-73-6 P060
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,
8beta,8abeta)-.
Isolan..................................... Carbamic acid, dimethyl-, 3-methyl- 119-38-0 P192
1-(1-methylethyl)-1H-pyrazol-5-yl
ester.
Isosafrole................................. 1,3-Benzodioxole, 5-(1-propenyl)-.. 120-58-1 U141
Kepone..................................... 1,3,4-Metheno-2H- 143-50-0 U142
cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-.
Lasiocarpine............................... 2-Butenoic acid, 2-methyl-,7-[[2,3- 303-34-4 U143
dihydroxy-2-(1-methoxyethyl)-3-
methyl-1-
oxobutoxy]methyl]-2,3,5,7a-
tetrahydro-1H-pyrrolizin-1-yl
ester,.
[1S-
[1alpha(Z),7(2S*,3R*),7aalpha]]-.
[[Page 168]]
Lead....................................... Same............................... 7439-92-1 ...........
Lead compounds, N.O.S. \1\................. ................................... ................. ...........
Lead acetate............................... Acetic acid, lead(2+) salt......... 301-04-2 U144
Lead phosphate............................. Phosphoric acid, lead(2+) salt 7446-27-7 U145
(2:3).
Lead subacetate............................ Lead, bis(acetato-O)tetrahydroxytri- 1335-32-6 U146
.
Lindane.................................... Cyclohexane, 1,2,3,4,5,6-hexachloro- 58-89-9 U129
, (1alpha,2alpha,3beta,4alpha,
5alpha,6beta)-.
Maleic anhydride........................... 2,5-Furandione..................... 108-31-6 U147
Maleic hydrazide........................... 3,6-Pyridazinedione, 1,2-dihydro-.. 123-33-1 U148
Malononitrile.............................. Propanedinitrile................... 109-77-3 U149
Manganese dimethyldithiocarbamate.......... Manganese, 15339-36-3 P196
bis(dimethylcarbamodithioato-S,S')-
,.
Melphalan.................................. L-Phenylalanine, 4-[bis(2- 148-82-3 U150
chloroethyl)aminol]-.
Mercury.................................... Same............................... 7439-97-6 U151
Mercury compounds, N.O.S. \1\.............. ................................... ................. ...........
Mercury fulminate.......................... Fulminic acid, mercury(2+) salt.... 628-86-4 P065
Metam Sodium............................... Carbamodithioic acid, methyl-, 137-42-8
monosodium salt.
Methacrylonitrile.......................... 2-Propenenitrile, 2-methyl-........ 126-98-7 U152
Methapyrilene.............................. 1,2-Ethanediamine, N,N-dimethyl-N'- 91-80-5 U155
2-pyridinyl-N'-(2-thienylmethyl)-.
Methiocarb................................. Phenol, (3,5-dimethyl-4- 2032-65-7 P199
(methylthio)-, methylcarbamate.
Methomyl................................... Ethanimidothioic acid, N- 16752-77-5 P066
[[(methylamino)carbonyl]oxy]-,
methyl ester.
Methoxychlor............................... Benzene, 1,1'-(2,2,2- 72-43-5 U247
trichloroethylidene)bis[4-methoxy-.
Methyl bromide............................. Methane, bromo-.................... 74-83-9 U029
Methyl chloride............................ Methane, chloro-................... 74-87-3 U045
Methyl chlorocarbonate..................... Carbonochloridic acid, methyl ester 79-22-1 U156
Methyl chloroform.......................... Ethane, 1,1,1-trichloro-........... 71-55-6 U226
3-Methylcholanthrene....................... Benz[j]aceanthrylene, 1,2-dihydro-3- 56-49-5 U157
methyl-.
4,4'-Methylenebis(2-chloroaniline)......... Benzenamine, 4,4'-methylenebis[2- 101-14-4 U158
chloro-.
Methylene bromide.......................... Methane, dibromo-.................. 74-95-3 U068
Methylene chloride......................... Methane, dichloro-................. 75-09-2 U080
Methyl ethyl ketone (MEK).................. 2-Butanone......................... 78-93-3 U159
Methyl ethyl ketone peroxide............... 2-Butanone, peroxide............... 1338-23-4 U160
Methyl hydrazine........................... Hydrazine, methyl-................. 60-34-4 P068
Methyl iodide.............................. Methane, iodo-..................... 74-88-4 U138
Methyl isocyanate.......................... Methane, isocyanato-............... 624-83-9 P064
2-Methyllactonitrile....................... Propanenitrile, 2-hydroxy-2-methyl- 75-86-5 P069
Methyl methacrylate........................ 2-Propenoic acid, 2-methyl-, methyl 80-62-6 U162
ester.
Methyl methanesulfonate.................... Methanesulfonic acid, methyl ester. 66-27-3 ...........
Methyl parathion........................... Phosphorothioic acid, O,O-dimethyl 298-00-0 P071
O-(4-nitrophenyl) ester.
Methylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 56-04-2 U164
methyl-2-thioxo-.
Metolcarb.................................. Carbamic acid, methyl-, 3- 1129-41-5 P190
methylphenyl ester.
Mexacarbate................................ Phenol, 4-(dimethylamino)-3,5- 315-18-4 P128
dimethyl-, methylcarbamate (ester).
Mitomycin C................................ Azirino[2',3':3,4]pyrrolo[1,2- 50-07-7 U010
a]indole-4,7-dione,
6-amino-8-
[[(aminocarbonyl)oxy]methyl]-
1,1a,2,8,8a,8b-hexahydro-8a-
methoxy-5- methyl-, [1aS-
(1aalpha,8beta,8aalpha,8balpha)]-..
MNNG....................................... Guanidine, N-methyl-N'-nitro-N- 70-25-7 U163
nitroso-.
Molinate................................... 1H-Azepine-1-carbothioic acid, 2212-67-1 ...........
hexahydro-, S-ethyl ester.
Mustard gas................................ Ethane, 1,1'-thiobis[2-chloro-..... 505-60-2 ...........
Naphthalene................................ Same............................... 91-20-3 U165
1,4-Naphthoquinone......................... 1,4-Naphthalenedione............... 130-15-4 U166
alpha-Naphthylamine........................ 1-Naphthalenamine.................. 134-32-7 U167
beta-Naphthylamine......................... 2-Naphthalenamine.................. 91-59-8 U168
alpha-Naphthylthiourea..................... Thiourea, 1-naphthalenyl-.......... 86-88-4 P072
Nickel..................................... Same............................... 7440-02-0 ...........
Nickel compounds, N.O.S. \1\............... ................................... ................. ...........
Nickel carbonyl............................ Nickel carbonyl Ni(CO)4, (T-4)-.... 13463-39-3 P073
Nickel cyanide............................. Nickel cyanide Ni(CN)2............. 557-19-7 P074
[[Page 169]]
Nicotine................................... Pyridine, 3-(1-methyl-2- 54-11-5 P075
pyrrolidinyl)-, (S)-.
Nicotine salts............................. ................................... ................. P075
Nitric oxide............................... Nitrogen oxide NO.................. 10102-43-9 P076
p-Nitroaniline............................. Benzenamine, 4-nitro-.............. 100-01-6 P077
Nitrobenzene............................... Benzene, nitro-.................... 98-95-3 U169
Nitrogen dioxide........................... Nitrogen oxide NO2................. 10102-44-0 P078
Nitrogen mustard........................... Ethanamine, 2-chloro-N-(2- 51-75-2 ...........
chloroethyl)-N-methyl-.
Nitrogen mustard, hydrochloride salt....... ................................... ................. ...........
Nitrogen mustard N-oxide................... Ethanamine, 2-chloro-N-(2- 126-85-2 ...........
chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride ................................... ................. ...........
salt.
Nitroglycerin.............................. 1,2,3-Propanetriol, trinitrate..... 55-63-0 P081
p-Nitrophenol.............................. Phenol, 4-nitro-................... 100-02-7 U170
2-Nitropropane............................. Propane, 2-nitro-.................. 79-46-9 U171
Nitrosamines, N.O.S. \1\................... ................................... 35576-91-1 ...........
N-Nitrosodi-n-butylamine................... 1-Butanamine, N-butyl-N-nitroso-... 924-16-3 U172
N-Nitrosodiethanolamine.................... Ethanol, 2,2'-(nitrosoimino)bis-... 1116-54-7 U173
N-Nitrosodiethylamine...................... Ethanamine, N-ethyl-N-nitroso-..... 55-18-5 U174
N-Nitrosodimethylamine..................... Methanamine, N-methyl-N-nitroso-... 62-75-9 P082
N-Nitroso-N-ethylurea...................... Urea, N-ethyl-N-nitroso-........... 759-73-9 U176
N-Nitrosomethylethylamine.................. Ethanamine, N-methyl-N-nitroso-.... 10595-95-6 ...........
N-Nitroso-N-methylurea..................... Urea, N-methyl-N-nitroso-.......... 684-93-5 U177
N-Nitroso-N-methylurethane................. Carbamic acid, methylnitroso-, 615-53-2 U178
ethyl ester.
N-Nitrosomethylvinylamine.................. Vinylamine, N-methyl-N-nitroso-.... 4549-40-0 P084
N-Nitrosomorpholine........................ Morpholine, 4-nitroso-............. 59-89-2 ...........
N-Nitrosonornicotine....................... Pyridine, 3-(1-nitroso-2- 16543-55-8 ...........
pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................ Piperidine, 1-nitroso-............. 100-75-4 U179
N-Nitrosopyrrolidine....................... Pyrrolidine, 1-nitroso-............ 930-55-2 U180
N-Nitrososarcosine......................... Glycine, N-methyl-N-nitroso-....... 13256-22-9 ...........
5-Nitro-o-toluidine........................ Benzenamine, 2-methyl-5-nitro-..... 99-55-8 U181
Octachlorodibenzo-p-dioxin (OCDD).......... 1,2,3,4,6,7,8,9-Octachlorodibenzo-p- 3268-87-9 ...........
dioxin.
Octachlorodibenzofuran (OCDF).............. 1,2,3,4,6,7,8,9- 39001-02-0 ...........
Octachlorodibenofuran.
Octamethylpyrophosphoramide................ Diphosphoramide, octamethyl-....... 152-16-9 P085
Osmium tetroxide........................... Osmium oxide OsO4, (T-4)-.......... 20816-12-0 P087
Oxamyl..................................... Ethanimidothioc acid, 2- 23135-22-0 P194
(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-
, methyl ester.
Paraldehyde................................ 1,3,5-Trioxane, 2,4,6-trimethyl-... 123-63-7 U182
Parathion.................................. Phosphorothioic acid, O,O-diethyl O- 56-38-2 P089
(4-nitrophenyl) ester.
Pebulate................................... Carbamothioic acid, butylethyl-, S- 1114-71-2 ...........
propyl ester.
Pentachlorobenzene......................... Benzene, pentachloro-.............. 608-93-5 U183
Pentachlorodibenzo-p-dioxins............... ................................... ................. ...........
Pentachlorodibenzofurans................... ................................... ................. ...........
Pentachloroethane.......................... Ethane, pentachloro-............... 76-01-7 U184
Pentachloronitrobenzene (PCNB)............. Benzene, pentachloronitro-......... 82-68-8 U185
Pentachlorophenol.......................... Phenol, pentachloro-............... 87-86-5 See F027
Phenacetin................................. Acetamide, N-(4-ethoxyphenyl)-..... 62-44-2 U187
Phenol..................................... Same............................... 108-95-2 U188
1,2-Phenylenediamine....................... 1,2-Benzenediamine................. 95-54-5 ...........
1,3-Phenylenediamine....................... 1,3-Benzenediamine................. 108-45-2 ...........
Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ...........
Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 P092
Phenylthiourea............................. Thiourea, phenyl-.................. 103-85-5 P093
Phosgene................................... Carbonic dichloride................ 75-44-5 P095
Phosphine.................................. Same............................... 7803-51-2 P096
Phorate.................................... Phosphorodithioic acid, O,O-diethyl 298-02-2 P094
S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S. \1\........... ................................... ................. ...........
Phthalic anhydride......................... 1,3-Isobenzofurandione............. 85-44-9 U190
Physostigmine.............................. Pyrrolo[2,3-b]indol-5-01, 57-47-6 P204
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-.
Physostigmine salicylate................... Benzoic acid, 2-hydroxy-, compd. 57-64-7 P188
with (3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl methylcarbamate
ester (1:1).
2-Picoline................................. Pyridine, 2-methyl-................ 109-06-8 U191
Polychlorinated biphenyls, N.O.S. \1\...... ................................... ................. ...........
Potassium cyanide.......................... Potassium cyanide K(CN)............ 151-50-8 P098
[[Page 170]]
Potassium dimethyldithiocarbamate.......... Carbamodithioic acid, dimethyl, 128-03-0 ...........
potassium salt.
Potassium n-hydroxymethyl-n-methyl- Carbamodithioic acid, 51026-28-9 ...........
dithiocarbamate. (hydroxymethyl)methyl-,
monopotassium salt.
Potassium n-methyldithiocarbamate.......... Carbamodithioic acid, methyl- 137-41-7 ...........
monopotassium salt.
Potassium pentachlorophenate............... Pentachlorophenol, potassium salt.. 7778736 None
Potassium silver cyanide................... Argentate(1-), bis(cyano-C)-, 506-61-6 P099
potassium.
Promecarb.................................. Phenol, 3-methyl-5-(1-methylethyl)- 2631-37-0 P201
, methyl carbamate.
Pronamide.................................. Benzamide, 3,5-dichloro-N-(1,1- 23950-58-5 U192
dimethyl-2-propynyl)-.
1,3-Propane sultone........................ 1,2-Oxathiolane, 2,2-dioxide....... 1120-71-4 U193
n-Propylamine.............................. 1-Propanamine...................... 107-10-8 U194
Propargyl alcohol.......................... 2-Propyn-1-ol...................... 107-19-7 P102
Propham.................................... Carbamic acid, phenyl-, 1- 122-42-9 U373
methylethyl ester.
Propoxur................................... Phenol, 2-(1-methylethoxy)-, 114-26-1 U411
methylcarbamate.
Propylene dichloride....................... Propane, 1,2-dichloro-............. 78-87-5 U083
1,2-Propylenimine.......................... Aziridine, 2-methyl-............... 75-55-8 P067
Propylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 51-52-5 ...........
propyl-2-thioxo-.
Prosulfocarb............................... Carbamothioic acid, dipropyl-, S- 52888-80-9 U387
(phenylmethyl) ester.
Pyridine................................... Same............................... 110-86-1 U196
Reserpine.................................. Yohimban-16-carboxylic acid, 11,17- 50-55-5 U200
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-smethyl
ester,
(3beta,16beta,17alpha,18beta,20alp
ha)-.
Resorcinol................................. 1,3-Benzenediol.................... 108-46-3 U201
Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203
Selenium................................... Same............................... 7782-49-2 ...........
Selenium compounds, N.O.S. \1\............. ................................... ................. ...........
Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204
Selenium sulfide........................... Selenium sulfide SeS2.............. 7488-56-4 U205
Selenium, tetrakis(dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 ...........
dithiocarbamate). tetraanhydrosulfide with
orthothioselenious acid.
Selenourea................................. Same............................... 630-10-4 P103
Silver..................................... Same............................... 7440-22-4 ...........
Silver compounds, N.O.S. \1\............... ................................... ................. ...........
Silver cyanide............................. Silver cyanide Ag(CN).............. 506-64-9 P104
Silvex (2,4,5-TP).......................... Propanoic acid, 2-(2,4,5- 93-72-1 See F027
trichlorophenoxy)-.
Sodium cyanide............................. Sodium cyanide Na(CN).............. 143-33-9 P106
Sodium dibutyldithiocarbamate.............. Carbamodithioic acid, dibutyl, 136-30-1 ...........
sodium salt.
Sodium diethyldithiocarbamate.............. Carbamodithioic acid, diethyl-, 148-18-5
sodium salt.
Sodium dimethyldithiocarbamate............. Carbamodithioic acid, dimethyl-, 128-04-1 ...........
sodium salt.
Sodium pentachlorophenate.................. Pentachlorophenol, sodium salt..... 131522 None
Streptozotocin............................. D-Glucose, 2-deoxy-2- 18883-66-4 U206
[[(methylnitrosoamino)carbonyl]ami
no]-.
Strychnine................................. Strychnidin-10-one................. 57-24-9 P108
Strychnine salts........................... ................................... ................. P108
Sulfallate................................. Carbamodithioic acid, diethyl-, 2- 95-06-7 ...........
chloro-2-propenyl ester.
TCDD....................................... Dibenzo[b,e][1,4]dioxin, 2,3,7,8- 1746-01-6 ...........
tetrachloro-.
Tetrabutylthiuram disulfide................ Thioperoxydicarbonic diamide, 1634-02-2 ...........
tetrabutyl.
1,2,4,5-Tetrachlorobenzene................. Benzene, 1,2,4,5-tetrachloro-...... 95-94-3 U207
Tetrachlorodibenzo-p-dioxins............... ................................... ................. ...........
Tetrachlorodibenzofurans................... ................................... ................. ...........
Tetrachloroethane, N.O.S. \1\.............. Ethane, tetrachloro-, N.O.S........ 25322-20-7 ...........
1,1,1,2-Tetrachloroethane.................. Ethane, 1,1,1,2-tetrachloro-....... 630-20-6 U208
1,1,2,2-Tetrachloroethane.................. Ethane, 1,1,2,2-tetrachloro-....... 79-34-5 U209
Tetrachloroethylene........................ Ethene, tetrachloro-............... 127-18-4 U210
2,3,4,6-Tetrachlorophenol.................. Phenol, 2,3,4,6-tetrachloro-....... 58-90-2 See F027
2,3,4,6-tetrachlorophenol, potassium salt.. same............................... 53535276 None
2,3,4,6-tetrachlorophenol, sodium salt..... same............................... 25567559 None
Tetraethyldithiopyrophosphate.............. Thiodiphosphoric acid, tetraethyl 3689-24-5 P109
ester.
Tetraethyl lead............................ Plumbane, tetraethyl-.............. 78-00-2 P110
Tetraethyl pyrophosphate................... Diphosphoric acid, tetraethyl ester 107-49-3 P111
Tetramethylthiuram monosulfide............. Bis(dimethylthiocarbamoyl) sulfide. 97-74-5 ...........
Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112
Thallium................................... Same............................... 7440-28-0 ...........
[[Page 171]]
Thallium compounds, N.O.S. \1\............. ................................... ................. ...........
Thallic oxide.............................. Thallium oxide Tl2 O3.............. 1314-32-5 P113
Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214
Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215
Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216
Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217
Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
Thiofanox.................................. 2-Butanone, 3,3-dimethyl-1- 39196-18-4 P045
(methylthio)-, 0-
[(methylamino)carbonyl] oxime.
Thiomethanol............................... Methanethiol....................... 74-93-1 U153
Thiophanate-methyl......................... Carbamic acid, [1,2-phyenylenebis 23564-05-8 U409
(iminocarbonothioyl)] bis-,
dimethyl ester.
Thiophenol................................. Benzenethiol....................... 108-98-5 P014
Thiosemicarbazide.......................... Hydrazinecarbothioamide............ 79-19-6 P116
Thiourea................................... Same............................... 62-56-6 U219
Thiram..................................... Thioperoxydicarbonic diamide [(H2 137-26-8 U244
N)C(S)]2 S2, tetramethyl-.
Tirpate.................................... 1,3-Dithiolane-2-carboxaldehyde, 26419-73-8 P185
2,4-dimethyl-, O-[(methylamino)
carbonyl] oxime.
Toluene.................................... Benzene, methyl-................... 108-88-3 U220
Toluenediamine............................. Benzenediamine, ar-methyl-......... 25376-45-8 U221
Toluene-2,4-diamine........................ 1,3-Benzenediamine, 4-methyl-...... 95-80-7 ...........
Toluene-2,6-diamine........................ 1,3-Benzenediamine, 2-methyl-...... 823-40-5 ...........
Toluene-3,4-diamine........................ 1,2-Benzenediamine, 4-methyl-...... 496-72-0 ...........
Toluene diisocyanate....................... Benzene, 1,3-diisocyanatomethyl-... 26471-62-5 U223
o-Toluidine................................ Benzenamine, 2-methyl-............. 95-53-4 U328
o-Toluidine hydrochloride.................. Benzenamine, 2-methyl-, 636-21-5 U222
hydrochloride.
p-Toluidine................................ Benzenamine, 4-methyl-............. 106-49-0 U353
Toxaphene.................................. Same............................... 8001-35-2 P123
Triallate.................................. Carbamothioic acid, bis(1- 2303-17-5 U389
methylethyl)-, S-(2,3,3-trichloro-
2-propenyl) ester.
1,2,4-Trichlorobenzene..................... Benzene, 1,2,4-trichloro-.......... 120-82-1 ...........
1,1,2-Trichloroethane...................... Ethane, 1,1,2-trichloro-........... 79-00-5 U227
Trichloroethylene.......................... Ethene, trichloro-................. 79-01-6 U228
Trichloromethanethiol...................... Methanethiol, trichloro-........... 75-70-7 P118
Trichloromonofluoromethane................. Methane, trichlorofluoro-.......... 75-69-4 U121
2,4,5-Trichlorophenol...................... Phenol, 2,4,5-trichloro-........... 95-95-4 See F027
2,4,6-Trichlorophenol...................... Phenol, 2,4,6-trichloro-........... 88-06-2 See F027
2,4,5-T.................................... Acetic acid, (2,4,5- 93-76-5 See F027
trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\............... ................................... 25735-29-9 ...........
1,2,3-Trichloropropane..................... Propane, 1,2,3-trichloro-.......... 96-18-4 ...........
Triethylamine.............................. Ethanamine, N,N-diethyl-........... 121-44-8 U404
O,O,O-Triethyl phosphorothioate............ Phosphorothioic acid, O,O,O- 126-68-1 ...........
triethyl ester.
1,3,5-Trinitrobenzene...................... Benzene, 1,3,5-trinitro-........... 99-35-4 U234
Tris(1-aziridinyl)phosphine sulfide........ Aziridine, 1,1',1''- 52-24-4 ...........
phosphinothioylidynetris-.
Tris(2,3-dibromopropyl) phosphate.......... 1-Propanol, 2,3-dibromo-, phosphate 126-72-7 U235
(3:1).
Trypan blue................................ 2,7-Naphthalenedisulfonic acid, 72-57-1 U236
3,3'-[(3,3'-dimethyl[1,1'-
biphenyl]-4,4'-diyl)bis(azo)]-
bis[5-amino-4-hydroxy-,
tetrasodium salt..
Uracil mustard............................. 2,4-(1H,3H)-Pyrimidinedione, 5- 66-75-1 U237
[bis(2-chloroethyl)amino]-.
Vanadium pentoxide......................... Vanadium oxide V2 O5............... 1314-62-1 P120
Vernolate.................................. Carbamothioic acid, dipropyl-,S- 1929-77-7 ...........
propyl ester.
Vinyl chloride............................. Ethene, chloro-.................... 75-01-4 U043
Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 U248
(3-oxo-1-phenylbutyl)-, when
present at concentrations less
than 0.3%.
Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 P001
(3-oxo-1-phenylbutyl)-, when
present at concentrations greater
than 0.3%.
Warfarin salts, when present at ................................... ................. U248
concentrations less than 0.3%.
Warfarin salts, when present at ................................... ................. P001
concentrations greater than 0.3%.
Zinc cyanide............................... Zinc cyanide Zn(CN)2............... 557-21-1 P121
Zinc phosphide............................. Zinc phosphide Zn3 P2, when present 1314-84-7 P122
at concentrations greater than 10%.
Zinc phosphide............................. Zinc phosphide Zn3 P2, when present 1314-84-7 U249
at concentrations of 10% or less.
[[Page 172]]
Ziram...................................... ZInc, bis(dimethylcarbamodithioato- 137-30-4 P205
S,S')-, (T-4)-.
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
specifically listed by name in this appendix.
[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988;
54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb.
25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17,
1997; 63 FR 24625, May 4, 1998; 65 FR 14475, Mar. 17, 2000; 65 FR 67127,
Nov. 8, 2000; 70 FR 9177, Feb. 24, 2005; 71 FR 40271, July 14, 2006; 75
FR 78926, Dec. 17, 2010]
Sec. Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Aluminum Company 750 Norcold Ave., Wastewater treatment plant (WWTP)
of America. Sidney, Ohio sludges generated from the
45365. chemical conversion coating of
aluminum (EPA Hazardous Waste No.
F019) and WWTP sludges generated
from electroplating operations
(EPA Hazardous Waste No. F006)
and stored in an on-site
landfill. This is an exclusion
for approximately 16,772 cubic
yards of landfilled WWTP filter
cake. This exclusion applies only
if the waste filter cake remains
in place or, if excavated, is
disposed of in a Subtitle D
landfill which is permitted,
licensed, or registered by a
state to manage industrial solid
waste. This exclusion was
published on April 6, 1999.
1. The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): Arsenic--5; Barium--100;
Chromium--5; Cobalt--210; Copper--
130; Nickel--70; Vanadium--30;
Zinc--1000; Fluoride--400;
Acetone--400; Methylene Chloride--
0.5; Bis(2-ethylhexyl)phthalate--
0.6.
2. (a) If, anytime after disposal
of the delisted waste, Alcoa
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then Alcoa must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending or revoking this
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph (c) or (if
no information is presented under
paragraph (c) the initial receipt
of information described in
paragraph (a), the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Alumnitec, Inc. Jeffersonville, Dewatered wastewater treatment
(formerly IN. sludge (EPA Hazardous Waste No.
Profile F019) generated from the chemical
Extrusion Co., conversion of aluminum after
formerly United April 29, 1986.
Technologies
Automotive,
Inc.).
American Metals Westlake, Ohio... Wastewater treatment plant (WWTP)
Corporation. sludges from the chemical
conversion coating (phosphating)
of aluminum (EPA Hazardous Waste
No. F019) and other solid wastes
previously disposed in an on-site
landfill. This is a one-time
exclusion for 12,400 cubic yards
of landfilled WWTP sludge. This
exclusion is effective on January
15, 2002.
1. Delisting Levels:
(A) The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--1.52; arsenic--
0.691; barium--100; beryllium--
3.07; cadmium--1; chromium--5;
cobalt--166; copper--67,300;
lead--5; mercury--0.2; nickel--
209; selenium--1; silver--5;
thallium--0.65; tin--1,660;
vanadium--156; and zinc--2,070.
[[Page 173]]
(B) The total constituent
concentrations in any sample may
not exceed the following levels
(mg/kg): arsenic--9,280; mercury--
94; and polychlorinated
biphenyls--0.265.
(C) Concentrations of dioxin and
furan congeners cannot exceed
values which would result in a
cancer risk greater than or equal
to 10-6 as predicted by the
model.
2. Verification Sampling--USG
shall collect six additional
vertically composited samples of
sludge from locations that
compliment historical data and
shall analyze the samples by TCLP
for metals including antimony,
arsenic, barium, beryllium,
cadmium, chromium, lead, mercury,
nickel, selenium, silver,
thallium, tin, vanadium, and
zinc. If the samples exceed the
levels in Condition (1)(a), USG
must notify EPA. The
corresponding sludge and all
sludge yet to be disposed remains
hazardous until USG has
demonstrated by additional
sampling that all constituents of
concern are below the levels set
forth in condition 1.
3. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, USG possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level
higher than the delisting level
established in Condition (1), or
is at a level in the groundwater
exceeding maximum allowable point
of exposure concentration
referenced by the model, then USG
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify USG in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing USG with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. USG shall
have 10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days USG presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
4. Notifications--USG must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Ampex Recording Opelika, Alabama. Solvent recovery residues in the
Media powder or pellet form (EPA
Corporation. Hazardous Waste Nos. F003 and
F005) generated from the recovery
of spent solvents from the
manufacture of tape recording
media (generated at a maximum
annual rate of 1,000 cubic yards
in the powder or pellet form)
after August 9, 1993. In order to
confirm that the characteristics
of the wastes do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
of the waste (in its final form)
for the constituents listed in 40
CFR 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Alabama.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
[[Page 174]]
Aptus, Inc....... Coffeyville, Kiln residue and spray dryer/
Kansas. baghouse residue (EPA Hazardous
Waste No. F027) generated during
the treatment of cancelled
pesticides containing 2,4,5-T and
Silvex and related materials by
Aptus' incinerator at
Coffeyville, Kansas after
December 27, 1991, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Aptus must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (4), regardless of
whether or not the demonstration
in Condition (5) has been made.
(2) A minimum of four grab samples
must be taken from each hopper
(or other container) of kiln
residue generated during each 24-
hour run; all grabs collected
during a given 24-hour run must
then be composited to form one
composite sample. A minimum of
four grab samples must also be
taken from each hopper (or other
container) of spray dryer/
baghouse residue generated during
each 24-hour run; all grabs
collected during a given 24-hour
run must then be composited to
form one composite sample. Prior
to the disposal of the residues
from each 24-hour run, a TCLP
leachate test must be performed
on these composite samples and
the leachate analyzed for the TC
toxic metals, nickel, and
cyanide. If arsenic, chromium,
lead or silver TC leachate test
results exceed 1.6 ppm, barium
levels exceed 32 ppm, cadmium or
selenium levels exceed 0.3 ppm,
mercury levels exceed 0.07 ppm,
nickel levels exceed 10 ppm, or
cyanide levels exceed 6.5 ppm,
the wastes must be retreated to
achieve these levels or must be
disposed in accordance with
subtitle C of RCRA. Analyses must
be performed according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(3) Aptus must generate, prior to
the disposal of the residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Condition (2). Analyses must be
performed according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Any residues which exceed
any of the levels listed below
must be retreated or must be
disposed of as hazardous. Kiln
residue and spray dryer/baghouse
residue must not exceed the
following levels:
Aldrin--0.015 ppm, Benzene--9.7
ppm, Benzo(a)pyrene--0.43 ppm,
Benzo(b)fluoranthene)--1.8 ppm,
Chlordane--0.37 ppm, Chloroform--
5.4 ppm, Chrysene--170 ppm,
Dibenz(a,h)anthracene--0.083 ppm,
1.2-Dichloroethane--4.1 ppm,
Dichloromethane--2.4 ppm, 2,4-
Dichlorophenol--480 ppm,
Dichlorvos--260 ppm, Disulfaton--
23 ppm, Endosulfan I--310 ppm,
Fluorene--120 ppm,
Indeno(1,2,3,cd)-pyrene--330 ppm,
Methyl parathion--210 ppm,
Nitrosodiphenylamine--130 ppm,
Phenanthrene--150 ppm,
Polychlorinated biphenyls--0.31
ppm, Tetrachlorethylene--59 ppm,
2,4,5-TP (silvex)--110 ppm, 2,4,6-
Trichlorophenol--3.9 ppm.
(4) Aptus must generate, prior to
disposal of residues,
verification data from each 24-
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Condition (2). The TCDD
equivalent levels for the solid
residues must be less than 5 ppt.
Any residues with detected
dioxins or furans in excess of
this level must be retreated or
must be disposed of as acutely
hazardous. For tetra- and penta-
chlorinated dioxin and furan
homologs, the maximum practical
quantitation limit must not
exceed 15 ppt for the solid
residues. For hexachlorinated
dioxin and furan homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
the solid residues.
(5) The test data from Conditions
(1), (2), (3), and (4) must be
kept on file by Aptus for
inspection purposes and must be
compiled, summarized, and
submitted to the Director for the
Materials Recovery and Waste
Management Division, Office of
Resource Conservation and
Recovery, by certified mail on a
monthly basis and when the
treatment of the cancelled
pesticides and related materials
is concluded. The testing
requirements for Conditions (2),
(3), and (4) will continue until
Aptus provides the Director with
the results of four consecutive
batch analyses for the petitioned
wastes, none of which exceed the
maximum allowable levels listed
in these conditions and the
Director notifies Aptus that the
conditions have been lifted. All
data submitted will be placed in
the RCRA public docket.
Arco Building Sugarcreek, Ohio. Dewatered wastewater treatment
Products. sludge (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Arco Chemical Co. Miami, FL........ Dewatered wastewater treatment
sludge (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after April 29, 1986.
[[Page 175]]
Arkansas Vertac Superfund Kiln ash, cyclone ash, and calcium
Department of site, chloride salts from incineration
Pollution Jacksonville, of residues (EPA Hazardous Waste
Control and Arkansas. No. F020 and F023) generated from
Ecology. the primary production of 2,4,5-T
and 2,4-D after August 24, 1990.
This one-time exclusion applies
only to the incineration of the
waste materials described in the
petition, and it is conditional
upon the data obtained from
ADPC&E's full-scale incineration
facility. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, ADPC&E must implement
a testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection
and analyses (including
quality control (QC)
procedures) must be performed
according to appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring
the use of SW-846 methods
incorporated by reference in
40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010,
0011, 0020, 0023A, 0030, 0031,
0040, 0050, 0051, 0060, 0061,
1010A, 1020B, 1110A, 1310B,
1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B.
(A) Initial testing:
Representative grab samples
must be taken from each drum
and kiln ash and cyclone ash
generated from each 24 hours
of operation, and the grab
samples composited to form
one composite sample of ash
for each 24-hour period.
Representative grab samples
must also be taken from each
drum of calcium chloride
salts generated from each 24
hours of operation and
composited to form one
composite sample of calcium
chloride salts for each 24-
hour period. The initial
testing requirements must be
fullfilled for the following
wastes: (i) Incineration by-
products generated prior to
and during the incinerator's
trial burn; (ii)
incineration by-products
from the treatment of 2,4-D
wastes for one week (or 7
days if incineration is not
on consecutive days) after
completion of the trial
burn; (iii) incineration by-
products from the treatment
of blended 2,4-D and 2,4, 5-
T wastes for two weeks (or
14 days if incineration is
not on consecutive days)
after completion of the
trial burn; and (iv)
incineration by-products
from the treatment of
blended 2,4-D and 2,4,5-T
wastes for one week (or 7
days if incineration is not
on consecutive days) when
the percentage of 2, 4, 5-T
wastes exceeds the maximum
percentage treated under
Condition (1)(A)(iii). Prior
to disposal of the residues
from each 24-hour sampling
period, the daily composite
must be analyzed for all the
constituents listed in
Condition (3). ADPC&E must
report the analytical test
data, including quality
control information,
obtained during this initial
period no later than 90 days
after the start of the
operation.
(B) Subsequent testing:
Representative grab samples
of each drum of kiln and
cyclone ash generated from
each week of operation must
be composited to form one
composite sample of ash for
each weekly period.
Representative grab samples
of each drum of calcium
chloride salts generated
from each week of operation
must also be composited to
form one composite sample of
calcium chloride salts for
each weekly period.
Prior to disposal of the
residues from each weekly
sampling period, the weekly
composites must be analyzed
for all of the constituents
listed in Condition (3). The
analytical data, including
quality control information,
must be compiled and
maintained on site for a
minimum of three years.
These data must be furnished
upon request and made
available for inspection by
any employee or
representative of EPA.
(2) Waste holding: The
incineration residues that are
generated must be stored as
hazardous until the initial
verification analyses or
subsequent analyses are
completed.
If the composite incineration
residue samples (from either
Condition (1)(A) or Condition
(1)(B)) do not exceed any of
the delisting levels set in
Condition (3), the
incineration residues
corresponding to these samples
may be managed and disposed of
in accordance with all
applicable solid waste
regulations.
If any composite incineration
residue sample exceeds any of
the delisting levels set in
Condition (3), the
incineration residues
generated during the time
period corresponding to this
sample must be retreated until
they meet these levels
(analyses must be repeated) or
managed and disposed of in
accordance with subtitle C of
RCRA. Incineration residues
which are generated but for
which analysis is not complete
or valid must be managed and
disposed of in accordance with
subtitle C of RCRA, until
valid analyses demonstrate
that the wastes meet the
delisting levels.
(3) Delisting levels: If
concentrations in one or more
of the incineration residues
for any of the hazardous
constituents listed below
exceed their respective
maximum allowable
concentrations also listed
below, the batch of failing
waste must either be re-
treated until it meets these
levels or managed and disposed
of in accordance with subtitle
C of RCRA.
(A) Inorganics (Leachable):
Arsenic, 0.32 ppm; Barium,
6.3 ppm; Cadmium, 0.06 ppm;
Chromium, 0.32 ppm; Cyanide,
4.4 ppm; Lead, 0.32 ppm;
Mercury, 0.01 ppm; Nickel,
4.4 ppm; Selenium, 0.06 ppm;
Silver, 0.32 ppm. Metal
concentrations must be
measured in the waste
leachate as per 40 CFR
261.24. Cyanide extractions
must be conducted using
distilled water.
[[Page 176]]
(B) Organics: Benzene, 0.87
ppm; Benzo(a)anthracene,
0.10 ppm; Benzo(a)pyrene,
0.04 ppm; Benzo
(b)fluoranthene, 0.16 ppm;
Chlorobenzene, 152 ppm; o-
Chlorophenol, 44 ppm;
Chrysene, 15 ppm; 2, 4-D,
107 ppm; DDE, 1.0 ppm;
Dibenz(a,h)anthracene, 0.007
ppm; 1, 4-Dichlorobenzene,
265 ppm; 1, 1-
Dichloroethylene, 1.3 ppm;
trans-1,2-Dichloroethylene,
37 ppm; Dichloromethane,
0.23 ppm; 2,4-
Dichlorophenol, 43 ppm;
Hexachlorobenzene, 0.26 ppm;
Indeno (1,2,3-cd) pyrene, 30
ppm; Polychlorinated
biphenyls, 12 ppm; 2,4,5-T,
1 x 10\6\ ppm; 1,2,4,5-
Tetrachlorobenzene, 56 ppm;
Tetrachloroethylene, 3.4
ppm; Trichloroethylene, 1.1
ppm; 2,4,5-Trichlorophenol,
21,000 ppm; 2,4,6-
Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and
furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
equivalents, 4 x 10-7 ppm.
The petitioned by-product
must be analyzed for the
tetra-, penta-, hexa-, and
heptachlorodibenzo-p-
dioxins, and the tetra-,
penta-, hexa-, and
heptachlorodibenzofurans to
determine the 2, 3, 7, 8-
tetra-chlorodibenzo-p-dioxin
equivalent concentration.
The analysis must be
conducted using a
measurement system that
achieves practical
quantitation limits of 15
parts per trillion (ppt) for
the tetra- and penta-
homologs, and 37 ppt for the
hexa- and hepta-homologs.
(4) Termination of testing: Due
to the possible variability of
the incinerator feeds, the
testing requirements of
Condition (1)(B) will continue
indefinitely.
(5) Data submittals: Within one
week of system start-up,
ADPC&E must notify the Section
Chief, Variances Section (see
address below) when the full-
scale incineration system is
on-line and waste treatment
has begun. The data obtained
through Condition (1)(A) must
be submitted to PSPD/OSW
(5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460, within
the time period specified. At
the Section Chief's request,
ADPC&E must submit analytical
data obtained through
Condition (1)(B) within the
time period specified by the
Section Chief. Failure to
submit the required data
obtained from Condition (1)(A)
within the specified time
period or to maintain the
required records for the time
specified in Condition (1)(B)
(or to submit data within the
time specified by the Section
Chief) will be considered by
the Agency, at its discretion,
sufficient basis to revoke
ADPC&E's exclusion to the
extent directed by EPA. All
data must be accompanied by
the following certification
statement:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be
limited to, 18 U.S.C. 1001 and
42 U.S.C. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify
as the company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete. In the event
that any of this information
is determined by EPA in its
sole discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact
to the company, I recognize
and agree that this exclusion
of wastes will be void as if
it never had effect or to the
extent directed by EPA and
that the company will be
liable for any actions taken
in contravention of the
company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
AutoAlliance Flat Rock, Wastewater treatment sludges,
International Michigan. F019, that are generated by
Inc.. AutoAlliance International, Inc.
(AAI) at Flat Rock, Michigan at a
maximum annual rate of 2,000
cubic yards per year. The sludges
must be disposed of in a lined
landfill with leachate collection
which is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater treatment
sludges in accordance with 40 CFR
part 258. The exclusion becomes
effective as of April 6, 2007.
(1) Delisting Levels: (A) The
concentrations in a leachate
extract of the waste measured in
any sample must not exceed the
following levels (mg/L): arsenic--
0.3; cadmium--0.5; chromium--
4.95; lead--5; nickel--90.5;
selenium--1; tin--721; zinc--898;
p-cresol--11.4; and formaldehyde--
84.2.
................. (B) The total concentration
measured in any sample must not
exceed the following levels (mg/
kg): mercury--8.92; and
formaldehyde--689.
(2) Quarterly Verification
Testing: To verify that the waste
does not exceed the specified
delisting levels, AAI must
collect and analyze one
representative sample of the
waste on a quarterly basis.
Sample collection and analyses,
including quality control
procedures, must be performed
using appropriate methods. SW-846
Method 1311 must be used for
generation of the leachate
extract used in the testing of
the delisting levels if oil and
grease comprise less than 1% of
the waste. SW-846 Method 1330A
must be used for generation of
the leaching extract if oil and
grease comprise 1% or more of the
waste. SW-846 Method 9071B must
be used for determination of oil
and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
[[Page 177]]
(3) Changes in Operating
Conditions: AAI must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly. AAI
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
(4) Data Submittals: AAI must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604 and MDEQ, Waste and
Hazardous Materials Division,
Hazardous Waste Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. AAI must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. AAI must
make these records available for
inspection. A signed copy of the
certification statement in 40 CFR
260.22(i)(12) must accompany all
data.
(5) Reopener Language: (A) If,
anytime after disposal of the
delisted waste AAI possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then AAI must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(B) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will inform AAI in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing AAI with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. AAI shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(D) If after 30 days AAI presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
(E) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
arsenic--5; cadmium--5; chromium--
100; lead--15; nickel--750;
selenium--50; tin--22,500; zinc--
11,300; p-cresol--188; and
formaldehyde--1,380.
Babcock & Wilcox Lynchburg, Wastewater treatment sludge from
Nuclear Virginia. electroplating operations
Operations (Hazardous Waste Number F006)
Group, Inc., generated at the Mt. Athos
current owner, facility near Lynchburg, VA and
and BWX currently deposited in two on-
Technologies, site surface impoundments
Inc., designated as Final Effluent
predecessor in Ponds (FEPs) 1 and 2. This is a
interest to the one-time exclusion for 148 cubic
current owner, yards of sludge and is effective
identified after March 24, 2011.
collectively (1) Reopener language.
hereafter as
``B&W NOG''.
(A) If B&W NOG discovers that any
condition or assumption related
to the characterization of the
excluded waste which was used in
the evaluation of the petition or
that was predicted through
modeling is not as reported in
the petition, then B&W NOG must
report any information relevant
to that condition or assumption,
in writing, to the Regional
Administrator and the Virginia
Department of Environmental
Quality within 10 calendar days
of discovering that information
(B) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator will determine
whether the reported condition
requires further action. Further
action may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment
[[Page 178]]
(2) Notification Requirements
In the event that the delisted
waste is transported off-site for
disposal, B&W NOG must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported at least 60
calendar days prior to the
commencement of such activities.
Failure to provide such
notification will be deemed to be
a violation of this exclusion and
may result in revocation of the
decision and other enforcement
action.
BAE Systems, Inc, Sealy, TX........ Filter Cake (EPA Hazardous Waste
Number F019) generated at a
maximum rate of 1,200 cubic yards
per calendar year after April 15,
2009.
For the exclusion to be valid, BAE
must implement a verification
testing program that meets the
following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Filter Cake Leachable
Concentrations (mg/l): Acetone--
3211; Arsenic--0.052; Barium--
100; Bis(2-ethylhexyl)phthalate--
103; Cadmium--0.561; Chloroform--
0.4924; Chromium--5.0; Copper--
149; Cyanide--19; Furans--3.57;
Hexavalent Chromium--5.0; Lead--
3.57; Lindane--0.4; Methyl Ethyl
Ketone--200; Nickel--82.2;
Selenium--1.0; 2,4,5-TP (Silvex)--
1.0; 2,4-D--6.65; Tin--9001;
Tetrachlorodibenzo-p-dioxin--249;
Tetrachloroethylene--0.125685;
Zinc--1240.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for filter cake has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by BAE exceed any of
the delisting levels set in
paragraph (1) for the filter
cake, BAE must do the following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the filter
cake as hazardous waste generated
under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, BAE may perform quarterly
analytical testing by sampling
and analyzing the filter cake as
follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the filter
cake at quarterly intervals after
EPA grants the final exclusion.
The first composite samples may
be taken at any time after EPA
grants the final approval.
Sampling must be performed in
accordance with the sampling plan
approved by EPA in support of the
exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
filter cake must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, BAE will report its first
quarterly analytical test data to
EPA. If levels of constituents
measured in the samples of the
filter cake do not exceed the
levels set forth in paragraph (1)
of this exclusion for two
consecutive quarters, BAE can
manage and dispose the non-
hazardous filter cake according
to all applicable solid waste
regulations.
(B) Annual Testing:
(i) If BAE completes the quarterly
testing specified in paragraph
(3) above and no sample contains
a constituent at a level which
exceeds the limits set forth in
paragraph (1), BAE may begin
annual testing as follows: BAE
must test two representative
composite samples of the filter
cake for all constituents listed
in paragraph (1) at least once
per calendar year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
BAE filter cake are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions: If BAE significantly
changes the process described in
its petition or starts any
processes that generate(s) the
waste that may or could affect
the composition or type of waste
generated (by illustration, but
not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing and it
may no longer handle the wastes
generated from the new process as
non-hazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
[[Page 179]]
BAE must submit a modification to
the petition complete with full
sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
BAE must submit the information
described below. If BAE fails to
submit the required data within
the specified time or maintain
the required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). BAE must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener
(A) If, anytime after disposal of
the delisted waste BAE possesses
or is otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
BAE must report the data, in
writing, to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(C) If BAE fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements
BAE Systems must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
[[Page 180]]
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and possible revocation
of the decision.
Bayer Material Baytown, TX...... Toluene Diisocyanate (TDI) Residue
Science LLC. (EPA Hazardous Waste No. K027)
generated at a maximum rate of
9,780 cubic yards per calendar
year after March 12, 2009.
For the exclusion to be valid,
Bayer must implement a
verification testing program that
meets the following Paragraphs:
(1) Delisting Levels:
All concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
TDI Residue Leachable
Concentrations (mg/l): Arsenic--
0.10, Barium--36.0;
Chloromethane--6.06; Chromium--
2.27; Cobalt--13.6; Copper--25.9;
Cyanide--3.08;
Dichlorophenoxyacetic acid--1.08;
Diethyl phthalate--1000.0;
Endrin--0.02; Lead--0.702;
Nickel--13.5; ortho-
dichlorobenzene--9.72; Selenium--
0.89; Tin--22.5; Vanadium--0.976;
Zinc--197.0; 2,4-Toluenediamine--
0.0459; Toluene Diisocyanate--
0.039.
(2) Waste Holding and Handling:
(A) Bayer must manage the TDI
residue in a manner to ensure
that the residues are offloaded
safely and opportunities for
chemical self-reaction and
expansion are minimized. The TDI
residue must be handled to ensure
that contact with water is
minimized.
(B) Waste classification as non-
hazardous cannot begin until
compliance with the limits set in
paragraph (1) for the TDI residue
has occurred for two consecutive
quarterly sampling events and the
reports have been approved by
EPA.
(C) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the TDI
residue, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the TDI
residue as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Bayer must perform
quarterly analytical testing by
sampling and analyzing the TDI
residue as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the TDI
residue at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
TDI residue must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the TDI residue do not
exceed the levels set forth in
paragraph (1) of this exclusion
for two consecutive quarters,
Bayer can manage and dispose the
non-hazardous TDI residue
according to all applicable solid
waste regulations.
(B) Annual Testing:
(i) If Bayer completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Bayer can
begin annual testing as follows:
Bayer must test two
representative composite samples
of the TDI residue for all
constituents listed in paragraph
(1) at least once per calendar
year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
Bayer spent carbon are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
must include the total amount of
waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions:
If Bayer significantly changes the
process described in its petition
or starts any process that
generates the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
[[Page 181]]
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). Bayer must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U.S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or some comparable electronic
media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted. ``Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste Bayer
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1,
Bayer must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(C) If Bayer fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the
actions it believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information explaining why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
EPA's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue
a final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in
EPA's determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements
Bayer must do the following before
transporting the delisted waste.
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
[[Page 182]]
Bekaert Corp..... Dyersburg, TN.... Dewatered wastewater treatment
plant (WWTP) sludge (EPA
Hazardous Waste Nos. F006)
generated at a maximum rate of
1250 cubic yards per calendar
year after May 27, 2004, and
disposed in a Subtitle D
landfill.
For the exclusion to be valid,
Bekaert must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the maximum allowable
concentrations in mg/l specified
in this paragraph. Bekaert must
use the leaching method specified
at 40 CFR 261.24 to measure
constituents in the waste
leachate.
(A) Inorganic Constituents TCLP
(mg/l): Cadmium--0.672; Chromium--
5.0; Nickel--127; Zinc--1260.0.
(B) Organic Constituents TCLP (mg/
l): Methyl ethyl ketone--200.0.
(2) Waste Holding and Handling:
(A) Bekaert must accumulate the
hazardous waste dewatered WWTP
sludge in accordance with the
applicable regulations of 40 CFR
262.34 and continue to dispose of
the dewatered WWTP sludge as
hazardous waste.
(B) Once the first quarterly
sampling and analyses event
described in paragraph (3) is
completed and valid analyses
demonstrate that no constituent
is present in the sample at a
level which exceeds the delisting
levels set in paragraph (1),
Bekaert can manage and dispose of
the dewatered WWTP sludge as
nonhazardous according to all
applicable solid waste
regulations.
(C) If constituent levels in any
sample taken by Bekaert exceed
any of the delisting levels set
in paragraph (1), Bekaert must do
the following: (i) notify EPA in
accordance with paragraph (7) and
(ii) manage and dispose the
dewatered WWTP sludge as
hazardous waste generated under
Subtitle C of RCRA.
(D) Quarterly Verification Testing
Requirements: Upon this exclusion
becoming final, Bekaert may begin
the quarterly testing
requirements of paragraph (3) on
its dewatered WWTP sludge.
(3) Quarterly Testing
Requirements: Upon this exclusion
becoming final, Bekaert may
perform quarterly analytical
testing by sampling and analyzing
the dewatered WWTP sludge as
follows:
(A)(i) Collect four representative
composite samples of the
hazardous waste dewatered WWTP
sludge at quarterly (ninety (90)
day) intervals after EPA grants
the final exclusion. The first
composite sample may be taken at
any time after EPA grants the
final approval.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any roll-offs from which the
composite sample is taken
exceeding the delisting levels
listed in paragraph (1) must be
disposed as hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45) days
after taking its first quarterly
sample, Bekaert will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
sample of the dewatered WWTP
sludge do not exceed the levels
set forth in paragraph (1) of
this exclusion, Bekaert can
manage and dispose the
nonhazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
(4) Annual Testing:
(A) If Bekaert completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent with a
level which exceeds the limits
set forth in paragraph (1),
Bekaert may begin annual testing
as follows: Bekaert must test one
representative composite sample
of the dewatered WWTP sludge for
all constituents listed in
paragraph (1) at least once per
calendar year.
(B) The sample for the annual
testing shall be a representative
composite sample for all
constituents listed in paragraph
(1).
(C) The sample for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(5) Changes in Operating
Conditions: If Bekaert
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), it must
notify the EPA in writing; it may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
the EPA.
(6) Data Submittals: Bekaert must
submit the information described
below. If Bekaert fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (7). Bekaert must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Division, U. S.
Environmental Protection Agency
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia, 30303, within
the time specified.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either the EPA or the State
of Tennessee request them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
[[Page 183]]
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by the
EPA in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by the EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(7) Reopener:
(A) If, anytime after disposal of
the delisted waste Bekaert
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within ten (10) days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bekaert must report the data, in
writing, to the Regional
Administrator or his delegate
within ten (10) days of first
possessing or being made aware of
that data.
(C) If Bekaert fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires the
EPA action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information requires
action the EPA, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notification
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed the EPA action is not
necessary. The facility shall
have ten (10) days from the date
of the Regional Administrator or
his delegate's notice to present
such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the EPA
actions that are necessary to
protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(8) Notification Requirements:
Bekaert must do following before
transporting the delisted waste:
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, sixty (60)
days before beginning such
activities.
(B) Update the one-time written
notification if Bekaert ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
[[Page 184]]
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the stabilization
process to be effective under the
conditions used during the
initial verification testing, BSC
may replace the testing required
in Condition (1)(A) with the
testing required in Condition
(1)(B). BSC must continue to test
as specified in Condition (1)(A)
until and unless notified by EPA
in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B) (to the
extent directed by EPA).
(A) Initial Verification
Testing: During at least the
first eight weeks of operation of
the full-scale treatment system,
BSC must collect and analyze
weekly composites representative
of the stabilized waste. Weekly
composites must be composed of
representative grab samples
collected from every batch during
each week of stabilization. The
composite samples must be
collected and analyzed, prior to
the disposal of the stabilized
filter cake, for all constituents
listed in Condition (3). BSC must
report the analytical test data,
including a record of the ratios
of lime kiln dust and fly ash
used and quality control
information, obtained during this
initial period no later than 60
days after the collection of the
last composite of stabilized
filter cake.
(B) Subsequent Verification
Testing: Following written
notification by EPA, BSC may
substitute the testing condition
in (1)(B) for (1)(A). BSC must
collect and analyze at least one
composite representative of the
stabilized filter cake generated
each month. Monthly composites
must be comprised of
representative samples collected
from all batches that are
stabilized in a one-month period.
The monthly samples must be
analyzed prior to the disposal of
the stabilized filter cake for
chromium, lead and nickel. BSC
may, at its discretion, analyze
composite samples more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(C) Annual Verification Testing:
In order to confirm that the
characteristics of the treated
waste do not change
significantly, BSC must, on an
annual basis, analyze a
representative composite sample
of stabilized filter cake for all
TC constituents listed in 40 CFR
Sec. 261.24 using the method
specified therein. This composite
sample must represent the
stabilized filter cake generated
over one week.
(2) Waste Holding and Handling:
BSC must store, as hazardous, all
stabilized filter cake generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analyses demonstrate that
the delisting levels set forth in
Condition (3) are met. If the
levels of hazardous constituents
measured in the samples of
stabilized filter cake generated
are below all the levels set
forth in Condition (3), then the
stabilized filter cake is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations. If hazardous
constituent levels in any weekly
or monthly composite sample equal
or exceed any of the delisting
levels set in Condition (3), the
stabilized filter cake generated
during the time period
corresponding to this sample must
be retreated until it is below
these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Delisting Levels: All
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24. The leachable
concentrations for the
constituents must be below the
following levels (ppm): arsenic--
4.8; barium--100; cadmium--0.48;
chromium--5.0; lead--1.4;
mercury--0.19; nickel--9.6;
selenium--1.0; silver--5.0.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if BSC
decides to significantly change
the stabilization process (e.g.,
stabilization reagents) developed
under Condition (1), then BSC
must notify EPA in writing prior
to instituting the change. After
written approval by EPA, BSC may
manage waste generated from the
changed process as non-hazardous
under this exclusion, provided
the other conditions of this
exclusion are fulfilled.
(5) Data Submittals: Two weeks
prior to system start-up, BSC
must notify in writing (see
address below) when stabilization
of the dewatered filter cake will
begin. The data obtained through
Condition (1)(A) must be
submitted to Waste and Chemicals
Management Division (Mail Code
3HW11), U.S. EPA Region III, 1650
Arch St., Philadelphia, PA 19103
within the time period specified.
The analytical data, including
quality control information and
records of ratios of lime kiln
dust and fly ash used, must be
compiled and maintained on site
for a minimum of five years.
These data must be furnished upon
request and made available for
inspection by EPA or the State of
Maryland. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
[[Page 185]]
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C Sec. 1001
and 42 U.S.C Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BMW Manufacturing Greer, South Wastewater treatment sludge (EPA
Co., LLC. Carolina. Hazardous Waste No. F019) that
BMW Manufacturing Corporation
(BMW) generates by treating
wastewater from automobile
assembly plant located on Highway
101 South in Greer, South
Carolina. This is a conditional
exclusion for up to 2,850 cubic
yards of waste (hereinafter
referred to as ``BMW Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after August 31, 2005.
With prior approval by the EPA,
following a public comment
period, BMW may also beneficially
reuse the sludge. BMW must
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium-100; Cadmium-1;
Chromium-5; Cyanide-33.6, Lead-5;
and Nickel-70.3. These metal and
cyanide concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7.
(2) Annual Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the BMW Sludge meet the delisting
levels in Condition (1). (A)
Annual Verification Testing: BMW
must implement an annual testing
program to demonstrate that
constituent concentrations
measured in the TCLP extract do
not exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
BMW must hold sludge containers
utilized for verification
sampling until composite sample
results are obtained. If the
levels of constituents measured
in the composite samples of BMW
Sludge do not exceed the levels
set forth in Condition (1), then
the BMW Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of BMW Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(4) Changes in Operating
Conditions: BMW must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify BMW in writing
that the BMW Sludge must be
managed as hazardous waste F019
until BMW has demonstrated that
the wastes meet the delisting
levels set forth in Condition (1)
and any levels established by EPA
for the additional constituents
of concern, and BMW has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify BMW, in writing, that BMW
must verify that the BMW Sludge
continues to meet Condition (1)
delisting levels.
(5) Data Retention: Records of
analytical data from Condition
(2) must be compiled, summarized,
and maintained by BMW for a
minimum of three years, and must
be furnished upon request by EPA
or the State of South Carolina,
and made available for
inspection. Failure to maintain
the required records for the
specified time will be considered
by EPA, at its discretion,
sufficient basis to revoke the
exclusion to the extent directed
by EPA. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
[[Page 186]]
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, BMW possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, BMW must
report the data, in writing, to
EPA and South Carolina within 10
days of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (2)(A),
does not meet the delisting
requirements of Condition (1),
BMW must report the data, in
writing, to EPA and South
Carolina within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing BMW
with an opportunity to present
information as to why the
proposed action is not necessary.
BMW shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
BMW, as described in paragraph
(6)(D), or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
(7) Notification Requirements: BMW
must provide a one-time written
notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
Boeing Commercial Auburn, Residually contaminated soils in
Airplane Co.. Washington. an inactive sludge pile
containment area on March 27,
1990, previously used to store
wastewater treatment sludges
generated from electroplating
operations (EPA Hazardous Waste
No. F006).
Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA
Inc.. Hazardous Waste No. F006)
generated from their
electroplating operations and
contained in evaporation ponds
1 and 2 on
August 12, 1987.
BWX] Technologies Lynchburg, VA.... Wastewater treatment sludge from
electroplating operations (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 500 cubic yards per year,
after January 14, 2000, and
disposed of in a Subtitle D
landfill. BWX Technologies must
meet the following conditions for
the exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
following constituents measure
using the SW-846 method 1311 (the
TCLP) must not exceed the
following levels (mg/l). (a)
Inorganic constituents--Antimony-
0.6; Arsenic-5.0; Barium-100;
Beryllium-0.4; Cadmium-0.5;
Chromium-5.0; Cobalt-210; Copper-
130; Lead-1.5; Mercury-0.2;
Nickel-70; Silver-5.0; Thallium-
0.2; Tin-2100; Zinc-1000;
Fluoride-400. (b) Organic
constituents--Acetone-400;
Methylene Chloride-0.5.
(2) Verification testing schedule:
BWX Technologies must analyze a
representative sample of the
filter cake from the pickle acid
treatment system on an annual,
calendar year basis using methods
with appropriate detection levels
and quality control procedures.
If the level of any constituent
measured in the sample of filter
cake exceeds the levels set forth
in Paragraph 1, then the waste is
hazardous and must be managed in
accordance with Subtitle C of
RCRA. Data from the annual
verification testing must be
submitted to EPA within 60 days
of the sampling event.
(3) Changes in Operating
Conditions: If BWX Technologies
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or treatment
process, BWX Technologies may not
manage the filter cake generated
from the new process under this
exclusion until it has met the
following conditions: (a) BWX
Technologies must demonstrate
that the waste meets the
delisting levels set forth in
Paragraph 1; (b) it must
demonstrate that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced into the manufacturing
or treatment process: and (c) it
must obtain prior written
approval from EPA to manage the
waste under this exclusion.
(4) Data Submittals: The data
obtained under Paragraphs 2 and 3
must be submitted to The Waste
and Chemicals Management
Division, U.S. EPA Region III,
1650 Arch Street, Philadelphia,
PA 19103. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be
furnished upon request by EPA or
the Commonwealth of Virginia, and
made available for inspection.
Failure to submit the required
data within the specified time
period or to maintain the
required records on site for the
specified time period will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent determined necessary by
EPA. All data must be accompanied
by a signed copy of the
certification statement set forth
in 40 CFR 260.22(i)(12) to attest
to the truth and accuracy of the
data submitted.
[[Page 187]]
(5) Reopener:
(a) If BWX Technologies discovers
that a condition at the facility
or an assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then BWX
Technologies must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate within 10 days of
discovering that condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(6) Notification Requirements: BWX
Technologies must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
be deemed to be a violation of
this exclusion and may result in
a revocation of the decision.
Capitol Products Harrisburg, PA... Dewatered wastewater treatment
Corp.. sludges (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Capitol Products Kentland, IN..... Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 17, 1986.
Care Free Charlotte, Wastewater treatment sludge (EPA
Aluminum Michigan. Hazardous Waste No. F019)
Products, Inc.. generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 100 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Michigan.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Chamberlian- Hot Springs, AR.. Dewatered wastewater treatment
Featherlite, sludges (EPA Hazardous Waste No.
Inc.. F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
Chrysler Group Sterling Heights, Wastewater treatment sludges,
LLC at the Old Michigan. F019, that are generated at Old
Carco LLC Carco LLC's Sterling Heights
Sterling Heights Assembly Plant, (SHAP), Sterling
Assembly Plant. Heights, Michigan by Chrysler
Group LLC at a maximum annual
rate of 3,000 cubic yards per
year. The sludges must be
disposed of in a lined landfill
with leachate collection which is
licensed, permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludges in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of November 6, 2009.
1. Delisting Levels: The
concentrations in a leachate
extract of the waste measured in
any sample must not exceed the
following levels (mg/L): arsenic--
0.22; nickel--67.8; benzene--
0.057; hexachlorobenzene--
0.0000724; naphthalene--0.00822;
and pentachlorophenol--0.00607.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Chrysler Group LLC or Old
Carco LLC must collect and
analyze one representative sample
of the waste on a quarterly
basis. Sample collection and
analyses, including quality
control procedures, must be
performed using appropriate
methods. SW-846 Method 1311 must
be used for generation of the
leachate extract used in the
testing of the delisting levels
if oil and grease comprise less
than 1% of the waste. SW-846
Method 1330A must be used for
generation of the leaching
extract if oil and grease
comprise 1% or more of the waste.
SW-846 Method 9071B must be used
for determination of oil and
grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
3. Changes in Operating
Conditions: Chrysler Group LLC or
Old Carco LLC must notify the EPA
in writing if the manufacturing
process, the chemicals used in
the manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly.
Chrysler Group LLC or Old Carco
LLC must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in Appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
[[Page 188]]
4. Data Submittals: Chrysler Group
LLC or Old Carco LLC must submit
the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604 and MDEQ, Waste and
Hazardous Materials Division,
Hazardous Waste Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Chrysler Group LLC or
Old Carco LLC must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. Chrysler
Group LLC or Old Carco LLC must
make these records available for
inspection. A signed copy of the
certification statement in 40 CFR
260.22(i)(12) must accompany all
data.
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste Chrysler Group LLC
or Old Carco LLC possesses or is
otherwise made aware of any data
(including but not limited to
leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Chrysler Group LLC or Old
Carco LLC must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will inform
Chrysler Group LLC or Old Carco
LLC in writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing Chrysler
Group LLC or Old Carco LLC with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Chrysler
Group LLC or Old Carco LLC shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Chrysler
Group LLC or Old Carco LLC
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
arsenic--4.87; nickel--750;
benzene--2.5; hexachlorobenzene--
0.00168; naphthalene--245; and
pentachlorophenol--0.071.
Cincinnati Cincinnati, OH... Sluiced bottom ash (approximately
Metropolitan 25,000 cubic yards) contained in
Sewer District. the South Lagoon, on September
13, 1985 which contains EPA
Hazardous Waste Nos. F001, F002,
F003, F004, and F005.
Clay Equipment Cedar Falls, Iowa Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F006) and spent cyanide bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations and
disposed of in an on-site surface
impoundment. This is a onetime
exclusion. This exclusion was
published on August 1, 1989.
Continental Can Olympia, WA...... Dewatered wastewater treatment
Co.. sludges (DPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Cooper Crouse- Amarillo, TX..... Wastewater Treatment Sludge
Hinds. (Hazardous Waste No. F006)
generated at a maximum annual
rate of 816 cubic yards per
calendar year after April 15,
2009 and disposed in Subtitle D
Landfill.
For the exclusion to be valid,
Cooper Crouse-Hinds must
implement a verification testing
program that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
WWTP Sludge Leachable
Concentrations (mg/l):
(i) Inorganic Constituents:
Arsenic-0.0759; Barium-100;
Cadmium-0.819; Copper-216;
Iron-1.24; Manganese-145;
Nickel-119; Zinc-18.
(ii) Organic Constituents:
Benzene-0.5.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for WWTP sludge has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by Cooper Crouse-
Hinds exceed any of the delisting
levels set in paragraph (1) for
the WWTP sludge, Cooper Crouse-
Hinds must do the following:
(i) Notify EPA in accordance
with paragraph (6) and
(ii) Manage and dispose WWTP
sludge as hazardous waste
generated under Subtitle C of
RCRA.
[[Page 189]]
(3) Testing Requirements:
Upon this exclusion becoming
final, Cooper Crouse-Hinds may
perform quarterly analytical
testing by sampling and analyzing
the WWTP sludge as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the
sludge at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any
time after EPA grants the
final approval. Sampling must
be performed in accordance
with the sampling plan
approved by EPA in support of
the exclusion.
(ii) Analyze the samples for
all constituents listed in
paragraph (1). Any composite
sample taken that exceeds the
delisting levels listed in
paragraph (1) for the sludge
must be disposed as hazardous
waste in accordance with the
applicable hazardous waste
requirements.
(iii) Within thirty (30) days
after taking its first
quarterly sample, Cooper
Crouse-Hinds will report its
first quarterly analytical
test data to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this
exclusion for two consecutive
quarters, Cooper Crouse-Hinds
can manage and dispose the non-
hazardous WWTP sludge
according to all applicable
solid waste regulations.
(B) Annual Testing:
(i) If Cooper Crouse-Hinds
completes the quarterly
testing specified in paragraph
(3) above and no sample
contains a constituent at a
level which exceeds the limits
set forth in paragraph (1),
Cooper Crouse-Hinds may begin
annual testing as follows:
Cooper Crouse-Hinds must test
two representative composite
samples of the WWTP sludge for
all constituents listed in
paragraph (1) at least once
per calendar year.
(ii) The samples for the annual
testing shall be a
representative composite
sample according to
appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11
must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System
Criteria in which the Data
Quality Objectives are to
demonstrate that samples of
the WWTP sludge is
representative for all
constituents listed in
paragraph (1).
(iii) The samples for the
annual testing taken for the
second and subsequent annual
testing events shall be taken
within the same calendar month
as the first annual sample
taken.
(iv) The annual testing report
should include the total
amount of delisted waste in
cubic yards disposed as non-
hazardous waste during the
calendar year.
(4) Changes in Operating
Conditions: If Cooper Crouse-
Hinds significantly changes the
process described in its petition
or starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Cooper Crouse-Hinds must submit a
modification to the petition,
complete with full sampling and
analysis, for circumstances where
the waste volume changes and/or
additional waste codes are added
to the waste stream, if it wishes
to dispose of the material as non-
hazardous.
(5) Data Submittals:
Cooper Crouse-Hinds must submit
the information described below.
If Cooper Crouse-Hinds fails to
submit the required data within
the specified time or maintain
the required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). Cooper Crouse-
Hinds must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U. S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
[[Page 190]]
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Re-opener:
(A) If, anytime after disposal of
the delisted waste Cooper Crouse-
Hinds possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Cooper Crouse-Hinds must report
the data, in writing, to the
Division Director within 10 days
of first possessing or being made
aware of that data.
(C) If Cooper Crouse-Hinds fails
to submit the information
described in paragraphs (5),
(6)(A) or (6)(B) or if any other
information is received from any
source, the Division Director
will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
Cooper Crouse-Hinds must do the
following before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
DaimlerChrysler Jefferson North Waste water treatment plant
Corporation. Assembly Plant, sludge, F019, that is generated
Detroit, by DaimlerChrysler Corporation at
Michigan. the Jefferson North Assembly
Plant (DCC-JNAP) at a maximum
annual rate of 2,000 cubic yards
per year. The sludge must be
disposed of in a lined landfill
with leachate collection, which
is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater treatment
sludge in accordance with 40 CFR
part 258. The exclusion becomes
effective as of February 26,
2004.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; Acetone--228; p-
Cresol--11.4; Formaldehyde--84.2;
and Methylene chloride--0.288.
(B) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): Mercury--8.92; and
Formaldehyde--689. (C) The sum of
the ratios of the TCLP
concentrations to the delisting
levels for nickel and either
thallium or cadmium shall not
exceed 1.0.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, DCC-JNAP must collect and
analyze one representative sample
of the waste on a quarterly
basis.
[[Page 191]]
3. Changes in Operating
Conditions: DCC-JNAP must notify
the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. DCC-
JNAP must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: DCC-JNAP must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, DCC-JNAP
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a level in the leachate
higher than the specified
delisting level, or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentration in
paragraph (e), then DCC-JNAP must
report such data, in writing, to
the Regional Administrator within
10 days of first possessing or
being made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify DCC-
JNAP in writing of the actions
the Regional Administrator
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing DCC-
JNAP with an opportunity to
present information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. DCC-JNAP
shall have 30 days from the date
of the Regional Administrator's
notice to present the
information.
(d) If after 30 days the facility
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
Antimony--6; Arsenic--4.87;
Cadmium--5; Chromium--100; Lead--
15; Nickel--750; Selenium--50;
Thallium--2; Tin--22,500; Zinc--
11,300; acetone--3,750; p-Cresol--
188; Formaldehyde--1,380; and
Methylene chloride--5.
Dover Corp., Tulsa, OK........ Dewatered wastewater treatment
Norris Div.. sludge (EPA Hazardous Waste No.
FO06) generated from their
electroplating operations after
April 29, 1986.
DuraTherm, San Leon, Texas.. Desorber solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the thermal
desorption treatment process,
(EPA Hazardous Waste No. F037 and
F038) and that is disposed of in
subtitle D landfills after April
24, 2000.
For the exclusion to be valid,
DuraTherm must implement a
testing program that meets the
following Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels
(ppm). The petitioner must use an
acceptable leaching method, for
example SW-846, Method 1311 to
measure constituents in the waste
leachate.
Desorber solids (i) Inorganic
Constituents Arsenic--1.35;
Antimony--0.162; Barium--54.0;
Beryllium--0.108; Cadmium--0.135;
Chromium--0.6; Lead--0.405;
Nickel--2.7; Selenium--1.0;
Silver--5.0; Vanadium--5.4; Zinc--
270.
(ii) Organic Constituents
Anthracene--0.28; Benzene--0.135;
Benzo(a) anthracene--0.059;
Benzo(b)fluoranthene--0.11;
Benzo(a)pyrene--0.061; Bis-
ethylhexylphthalate--0.28; Carbon
Disulfide--3.8; Chlorobenzene--
0.057; Chrysene--0.059; o,m,p
Cresols--54; Dibenzo (a,h)
anthracene--0.055; 2,4 Dimethyl
phenol--18.9; Dioctyl phthalate--
0.017; Ethylbenzene--0.057;
Fluoranthene--0.068; Fluorene--
0.059; Naphthalene--0.059;
Phenanthrene--0.059; Phenol--6.2;
Pyrene--0.067; Styrene--2.7;
Trichloroethylene--0.054;
Toluene--0.08; Xylene--0.032
(2) Waste Holding and Handling:
(A) DuraTherm must store the
desorber solids as described in
its RCRA permit, or continue to
dispose of as hazardous all
desorber solids generated, until
they have completed verification
testing described in Paragraph
(3)(A) and (B), as appropriate,
and valid analyses show that
paragraph (1) is satisfied.
[[Page 192]]
(B) In order to isolate wastes
that have been processed in the
unit prior to one of the waste
codes to be delisted, DuraTherm
must designate the first batch of
F037, F038, K048, K049, K050, or
K051 wastes as hazardous.
Subsequent batches of these
wastes which satisfy paragraph
(1) are eligible for delisting if
they meet the criteria in
paragraph (1) and no additional
constituents (other than those of
the delisted waste streams) from
the previously processed wastes
are detected.
(C) Levels of constituents
measured in the samples of the
desorber solids that do not
exceed the levels set forth in
Paragraph (1) are nonhazardous.
DuraTherm can manage and dispose
the nonhazardous desorber solids
according to all applicable solid
waste regulations.
(D) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), DuraTherm must retreat or
stabilize the batches of waste
used to generate the
representative sample until it
meets the levels in paragraph
(1). DuraTherm must repeat the
analyses of the treated waste.
(E) If the facility has not
treated the waste, DuraTherm must
manage and dispose the waste
generated under subtitle C of
RCRA.
(3) Verification Testing
Requirements: DuraTherm must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. If EPA judges the process
to be effective under the
operating conditions used during
the initial verification testing,
DuraTherm may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). DuraTherm must continue
to test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, DuraTherm must do the
following:
(i) Collect and analyze composites
of the desorber solids.
(ii) Make two composites of
representative grab samples
collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
(iv) Sixty (60) days after this
exclusion becomes final, report
the operational and analytical
test data, including quality
control information.
(v) Submit the test plan for
conducting the multiple pH
leaching procedure to EPA for
approval at least 10 days before
conducting the analysis.
(vi) Conduct a multiple pH
leaching procedure on 10 samples
collected during the sixty-day
test period.
(vii) The ten samples should
include both non-stabilized and
stabilized residual solids. If
none of the samples collected
during the sixty-day test period
need to be stabilized, DuraTherm
should provide multiple pH data
on the first sample of stabilized
wastes generated.
(vii) Perform the toxicity
characteristic leaching procedure
using three different pH
extraction fluids to simulate
disposal under three conditions
and submit the results within 60
days of completion. Simulate an
acidic landfill environment,
basic landfill environment, and a
landfill environment similar to
the pH of the waste.
(B) Subsequent Verification
Testing: Following written
notification by EPA, DuraTherm
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). DuraTherm must
continue to monitor operating
conditions, and analyze
representative samples each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated in one quarter.
DuraTherm must run the multiple
pH procedure on these waste
samples.
(C) Termination of Organic
Testing: (i) DuraTherm must
continue testing as required
under Paragraph (3)(B) for
organic constituents in Paragraph
(1)(A)(ii), until the analytical
results submitted under Paragraph
(3)(B) show a minimum of two
consecutive samples below the
delisting levels in Paragraph
(1)(A)(i), DuraTherm may then
request that EPA stop quarterly
organic testing. After EPA
notifies DuraTherm in writing,
the company may end quarterly
organic testing.
(ii) Following cancellation of the
quarterly testing, DuraTherm must
continue to test a representative
composite sample for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion).
(4) Changes in Operating
Conditions: If DuraTherm
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under Paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), they must
notify EPA in writing; they may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
Paragraph (1) and they have
received written approval to do
so from EPA.
(5) Data Submittals: DuraTherm
must submit the information
described below. If DuraTherm
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Paragraph 6. DuraTherm must:
[[Page 193]]
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, DuraTherm
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
DuraTherm must report the data,
in writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If DuraTherm fails to submit
the information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
DuraTherm must do following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. F001, F002,
F003, F005 generated at Eastman
when disposed of in a Subtitle D
landfill.
Eastman must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
[[Page 194]]
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (mg/l). For the
wastewater treatment sludge
constituents must be measured in
the waste leachate by the method
specified in 40 CFR 261.24.
Wastewater treatment sludge:
(i) Inorganic Constituents:
Antimony-0.0515; Barium-7.30;
Cobalt-2.25; Chromium-5.0; Lead-
5.0; Mercury-0.0015; Nickel-2.83;
Selenium-0.22; Silver-0.384;
Vanadium-2.11; Zinc-28.0
(ii) Organic Constituents:
Acenaphthene-1.25; Acetone--7.13;
bis(2-ethylhexylphthalate--0.28;
2-butanone--42.8; Chloroform--
0.0099; Fluorene--0.55; Methanol-
35.7; Methylene Chloride--0.486;
naphthalene-0.0321.
(2) Waste Holding and Handling: If
the concentrations of the sludge
exceed the levels provided in
Condition 1, then the sludge must
be treated in the Fluidized Bed
Incinerator (FBI) and meet the
requirements of that September
25, 1996 delisting exclusion to
be non-hazardous (as FBI ash). If
the sludge meets the delisting
levels provided in Condition 1,
then it's non-hazardous (as
sludge). If the waste water
treatment sludge is not managed
in the manner above, Eastman must
manage it in accordance with
applicable RCRA Subtitle C
requirements. If the levels of
constituents measured in the
samples of the waste water
treatment sludge do not exceed
the levels set forth in Condition
(1), then the waste is
nonhazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. During the
verification period, Eastman must
manage the waste in the FBI
incinerator prior to disposal.
(3) Verification Testing
Requirements: Eastman must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. After completion of the
initial verification period,
Eastman may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Eastman must continue to
test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
At quarterly intervals for one
year after the final exclusion is
granted, Eastman must collect and
analyze composites of the
wastewater treatment sludge for
constituents listed in Condition
(1).
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Eastman
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after the final exclusion).
(4) Changes in Operating
Conditions. If Eastman
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type of waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process or
generation of volumes in excess
82,100 cubic yards of waste
annually), Eastman must (A)
notify the EPA in writing of the
change and (B) may no longer
handle or manage the waste
generated from the new process as
nonhazardous until Eastman has
demonstrated through testing the
waste meets the delisting levels
set in Condition (1) and (C)
Eastman has received written
approval to begin managing the
wastes as non-hazardous from EPA.
(5) Data Submittals. Eastman must
submit or maintain, as
applicable, the information
described below. If Eastman fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Condition (6). Eastman must:
(A) Submit the data obtained
through Condition (3) to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Condition (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
(i) Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
[[Page 195]]
(ii) As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
(iii) If any of this information
is determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Eastman
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Condition (1),
Eastman must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Eastman fails to submit the
information described in
Conditions (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in Condition (6)(D) or
(if no information is presented
under Condition (6)(D)) the
initial receipt of information
described in Conditions (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements.
Eastman must do following before
transporting the delisted waste
off-site: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the exclusion.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Eastman Chemical Longview, TX..... RKI bottom ash (EPA Hazardous
Company-Texas Waste Numbers F001, F002, F003,
Operations. F005, F039, K009, K010, U001,
U002, U031, U069, U107, U112,
U117, U140, U147, U161, U213, and
U359.) generated at a maximum
rate of 1,000 cubic yards per
calendar year after November 23,
2011 and disposed in Subtitle D
Landfill.
RKI fly ash EPA Hazardous Waste
Number F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359
generated at a maximum rate of
750 cubic yards per calendar year
after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI scrubber water blowdown (EPA
Hazardous Waste Numbers D001,
D002, D003, D007, D008, D018,
D022, F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359
generated at a maximum rate of
643,000 cubic yards (500,000
million gallons) per calendar
year after November 23, 2011 and
treated and discharged from a
Wastewater Treatment Plant.
For the exclusion to be valid,
Eastman must implement a
verification testing program for
each of the waste streams that
meets the following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
[[Page 196]]
(A) RKI Bottom Ash. Leachable
Concentrations (mg/l): Antimony--
0.801; Acetone--33.8; Arsenic--
0.126; Acetaldehyde--5.35;
Acenaphthylene--31.9; Anthracene--
77.9; Acenaphthene--31.9; Barium--
100; Benzene--0.231; Bis(2-
ethylhexyl)phthalate--103;
Benzo(a) anthracene--0.211;
Benzo(a) pyrene--79.1; Benzo(b)
flouranthene--673; Bromomethane--
0.0526; n-Butyl Alcohol--174;
Cadmium--0.274; Chromium--5.0;
Cobalt--0.643; Copper--73.8;
Chloroform--0.241; Chrysene--211;
chloromethane--18.2; Cyanide--
9.25; 4,4- DDT--0.0103; Di-n-
butyl phthalate- 73.9; Dieldrin--
2.78; Ethylbenzene--32.6;
Fluorene--14.7; Formaldehyde--
347; Fluoranthrene--7.39;
Isobutanol--521; Lead--1.95;
Mercury--0.2; Methy Isobutyl
ketone--139; 2-
Methylnaphathalene--2.18;
Methylene Chloride--0.237;
Naphthalene--0.0983; Nickel--
54.1; Phenanthrene--14.7; Pyrene--
13.4; Selenium--1.0; Silver--5.0;
Thallium--0.110; Tin--22.5;
Toluene--45.4; Vanadium--10.4;
Xylene--28.7; Zinc--600.
Total Concentrations (mg/kg)
Tetrachlorodibenzo-p-dioxin
(TCDD) 2,3,7,8-7.46 E-06 mg/kg.
(B) RKI Fly Ash. Leachable
Concentrations (mg/l): Antimony--
0.111; Acetone--533; Arsenic--
0.178; Barium--36.9; Bis(2-
ethylhexyl)phthalate--6.15;
Chromium--2.32; Copper--26.5;
Ehtylbenzene--11.1; Methylene
Chloride--0.0809; Naphthalene--
0.0355; Nickel--13.8;
Phenanthrene--2.72; Toluene--
15.5; Trichloroethane--11900;
Trichloroethylene--0.0794;
Vanadium--1.00; Zinc--202.
Total Concentrations (mg/kg)
Tetrachlorodibenzo-p-dioxin
(TCDD) 2,3,7,8-4.30 E-05 mg/kg.
(C) RKI Scrubber Water Blowdown.
TCLP Concentrations (mg/l):
Antimony--0.0568; Arsenic--0.112;
Barium--11.6; Bis(2-
ethylhexyl)phthalate--0.0522;
Chromium--5.0; Cobalt--0.318,
Copper--22.1; Chloroform--0.0163,
Chloromethane--1.48; Cyanide--
0.752; Di-n-butylphthalate--25.6;
Lead--2.57; Methanol--70.6;
Nickel--5.74; Silver--1.71;
Thallium--0.0179; Tin--22.5;
Vanadium--4.88; Zinc--77.7.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for RKI bottom ash,
RKI fly ash, and RKI scrubber
water blowdown has occurred for
four consecutive quarterly
sampling events.
(B) If constituent levels in any
annual sample and retest sample
taken by Eastman exceed any of
the delisting levels set in
paragraph (1) for the RKI bottom
ash, RKI fly ash, and RKI
scrubber water blowdown, Eastman
must do the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the RKI
bottom ash, RKI fly ash, and RKI
scrubber water blowdown as
hazardous waste generated under
Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Eastman must perform
analytical testing by sampling
and analyzing the RKI bottom ash,
RKI fly ash, and RKI scrubber
water blowdown as follows:
(A) Initial Verification Testing:
(i) Collect four representative
composite samples of each of the
RKI bottom ash, RKI fly ash, and
RKI scrubber water blowdown at
quarterly intervals after EPA
grants the final exclusion. The
first round of composite samples
of each waste stream may be taken
at any time after EPA grants the
final approval. Sampling must be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) indicates
that the RKI bottom ash, RKI fly
ash, and RKI scrubber water
blowdown must continue to be
disposed as hazardous waste in
accordance with the applicable
hazardous waste requirements
until such time that four
consecutive quarterly samples
indicate compliance with
delisting levels listed in
paragraph (1).
(iii) Within sixty (60) days after
taking its last quarterly sample,
Eastman will report its
analytical test data to EPA. If
levels of constituents measured
in the samples of the RKI bottom
ash, RKI fly ash, and RKI
scrubber water blowdown do not
exceed the levels set forth in
paragraph (1) of this exclusion
for four consecutive quarters,
Eastman can manage and dispose
the non-hazardous RKI bottom ash,
RKI fly ash, and RKI scrubber
water blowdown according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If Eastman completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Eastman
must begin annual testing as
follows: Eastman must test a
representative composite sample
of the RKI bottom ash, RKI fly
ash, and RKI scrubber water
blowdown for all constituents
listed in paragraph (1) at least
once per calendar year. If any
measured constituent
concentration exceeds the
delisting levels set forth in
paragraph (1), Eastman must
collect an additional
representative composite sample
within 10 days of being made
aware of the exceedence and test
it expeditiously for the
constituent(s) which exceeded
delisting levels in the original
annual sample.
[[Page 197]]
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
Eastman RKI bottom ash, RKI fly
ash, and RKI scrubber water
blowdown are representative for
all constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
shall include the total amount of
delisted waste in cubic yards
disposed during the calendar
year.
(4) Changes in Operating
Conditions: If Eastman
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Eastman must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Eastman must submit the
information described below. If
Eastman fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph(6). Eastman must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U.S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener.
(A) If, anytime after disposal of
the delisted waste Eastman
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the annual testing
(and retest, if applicable) of
the waste does not meet the
delisting requirements in
paragraph 1, Eastman must report
the data, in writing, to the
Division Director within 10 days
of first possessing or being made
aware of that data.
(C) If Eastman fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
[[Page 198]]
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
Eastman must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) For onsite disposal a notice
should be submitted to the State
to notify the State that disposal
of the delisted materials have
begun.
(C) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(D) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Eli Lilly and Clinton, Indiana. Incinerator scrubber liquids,
Company. entering and contained in their
onsite surface impoundment, and
solids settling from these
liquids originating from the
burning of spent solvents (EPA
Hazardous Waste Nos. F002, F003,
and F005) contained in their
onsite surface impoundment and
solids retention area on August
18, 1988 and any new incinerator
scubber liquids and settled
solids generated in the surface
impoundment and disposed of in
the retention are after August
12, 1988.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Dewatered wastewater sludges (EPA
Pennsylvania Pennsylvania. Hazardous Waste No .F006)
(formerly generated from electroplating
Envirite operations; spent cyanide plating
Corporation). solutions (EPA Hazardous Waste
No. F007) generated from
electroplating operations;
plating bath residues from the
bottom of plating baths (EPA
Hazardous Waste No. F008)
generated from electroplating
operations where cyanides are
used in the process; spent
stripping and cleaning bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations where
cyanides are used in the process;
spent cyanide solutions from salt
bath pot cleaning (EPA Hazardous
Waste No. F011) generated from
metal heat treating operations;
quenching wastewater treatment
sludges (EPA Hazardous Waste No.
F012) generated from metal heat
treating where cyanides are used
in the process; wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned waste.
This testing program must meet
the following conditions for the
exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm; the waste must
be re-treated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
leachable cyanide. If the
leachable cyanide levels (using
the EP Toxicity test without
acetic acid adjustment) exceed
1.26 ppm, the waste must be re-
treated or managed and disposed
as a hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
[[Page 199]]
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1,2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in 3, above, as well as
the remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, are
not required until six months
from the date of promulgation.
The Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
EPA's Mobile Denney Farm Site; Process wastewater, rotary kiln
Incineration McDowell, MO. ash, CHEAF media, and other
System. solids (except spent activated
carbon) (EPA Hazardous Waste Nos.
F020, F022, F023, F026, F027, and
F028) generated during the field
demonstration of EPA's Mobile
Incinerator at the Denney Farm
Site in McDowell, Missouri, after
July 25, 1985, so long as: (1)
The incinerator is functioning
properly; (2) a grab sample is
taken from each tank of
wastewater generated and the EP
leachate values do not exceed
0.03 ppm for mercury, 0.14 ppm
for selenium, and 0.68 ppm for
chromium; and (3) a grab sample
is taken from each drum of soil
or ash generated and a core
sample is collected from each
CHEAF roll generated and the EP
leachate values of daily
composites do not exceed 0.044
ppm in ash or CHEAF media for
mercury or 0.22 ppm in ash or
CHEAF media for selenium.
ExxonMobil North Baytown, TX...... North Landfarm underflow water
Landfarm. (EPA Hazardous Waste Numbers F039
generated at a maximum rate of
1,500,000 gallons (7,427 cubic
yards) per calendar year after
issuing notice that ExxonMobil
will initiate closure of the
North Landfarm.
For the exclusion to be valid,
ExxonMobil must implement a
verification testing program for
each of the waste streams that
meets the following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
North Landfarm underflow water.
Leachable Concentrations (mg/l):
Arsenic--0.0779; Barium--20.6;
Benzene--0.0437;
Benzo(a)anthracene--0.0453;
Benzo(b)fluoranthene--0.206;
Benzo(k)fluoranthene--12200;
Benzo(a)pyrene--0.0297; Cadmium--
0.119; Carbon tetrachloride--
0.0549; Chlorobenzene--0.951;
Chloroform--0.0379; Chromium--5;
Chrysene--4.53; Cobalt--0.738;
Copper--51.4; o-Cresol--200; m-
Cresol--200; p-Cresol--200; 1,2-
Dichloroethane--0.0463; 1,1-
Dichloroethylene--0.0612; 2,4-
Dinitrotoluene--0.00795;
Fluoride--25.2;
Hexachlorobenzene--0.0285;
Hexachloroethane--0.287; Lead--
4.95; Manganese--12.2; Mercury--
0.0291; Methyl ethyl ketone--197;
Molybdenum--3.09; Nitrobenzene--
0.164; Pentachlorophenol--0.0109;
Pyridine--0.328; Selenium--1.04;
Silver--3.38; Total-TCDD--
.00000239; Tetrachloroethylene--
0.0106; Trichloroethylene--
0.0439; 2,4,6-Trichlorophenol--
0.184; Vinyl Chloride--0.00386;
Zinc--168.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous cannot begin until
compliance with the limits set in
paragraph (1) for the North
Landfarm underflow water has
occurred for two consecutive
sampling events.
(B) If constituent levels in any
annual sample and retest sample
taken by ExxonMobil exceed any of
the delisting levels set in
paragraph (1) for the North
Landfarm underflow water,
ExxonMobil must do the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the North
Landfarm underflow water as
hazardous waste generated under
Subtitle C of RCRA.
(3) Testing Requirements:
Upon notification that it will
initiate closure of the North
Landfarm, ExxonMobil must perform
analytical testing by sampling
and analyzing the North Landfarm
underflow water as follows:
(A) Initial Verification Testing:
(i) Collect one representative
sample of the North Landfarm
underflow water for analysis of
all constituents listed in
paragraph (1) within the first 30
days after notifying the TCEQ of
the intention to initiate closure
activities for the North
Landfarm. Sampling must be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
[[Page 200]]
(ii) If the data from the initial
verification testing program
demonstrate that the North
Landfarm underflow water meets
the Maximum Allowable Delisting
Concentrations for the indicator
parameters included in paragraph
(1), collect two representative
samples of the North Landfarm
underflow water twice during the
first six months of waste
generation. Analyze the samples
for all constituents listed in
paragraph (1). Any representative
sample taken that exceeds the
delisting levels listed in
paragraph (1) indicates that the
North Landfarm underflow water
must continue to be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements until such
time that two consecutive
representative samples indicate
compliance with delisting levels
listed in paragraph (1).
(iii) Within sixty (60) days after
taking its last representative
sample, ExxonMobil will report
its analytical test data to EPA.
If levels of constituents
measured in the samples of the
North Landfarm underflow water do
not exceed the levels set forth
in paragraph (1) of this
exclusion for six consecutive
months, ExxonMobil can manage and
dispose the non-hazardous North
Landfarm underflow water
according to all applicable solid
waste regulations.
(B) Annual Testing:
(i) If ExxonMobil completes the
testing specified in paragraph
(3) above and no sample contains
a constituent at a level which
exceeds the limits set forth in
paragraph (1), ExxonMobil must
begin annual testing as follows:
ExxonMobil must test a
representative grab sample of the
North Landfarm underflow water
for all constituents listed in
paragraph (1) at least once per
calendar year. If any measured
constituent concentration exceeds
the delisting levels set forth in
paragraph (1), ExxonMobil must
collect an additional
representative sample within 10
days of being made aware of the
exceedence and test it
expeditiously for the
constituent(s) which exceeded
delisting levels in the original
annual sample.
(ii) The samples for the annual
testing shall be a representative
grab sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
ExxonMobil North Landfarm
underflow water are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of delisted waste in cubic yards
disposed during the calendar
year.
(4) Changes in Operating
Conditions: If ExxonMobil
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the waste generated from
the new process as non-hazardous
until the waste meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
ExxonMobil must submit a
modification to the petition
complete with full sampling and
analysis for circumstances where
the waste volume changes and/or
additional waste codes are added
to the waste stream.
(5) Data Submittals:
ExxonMobil must submit the
information described below. If
ExxonMobil fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). ExxonMobil must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U. S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
[[Page 201]]
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener
(A) If, anytime after disposal of
the delisted waste ExxonMobil
possesses or is otherwise made
aware of any environmental data
(including but not limited to
underflow water data or ground
water monitoring data) or any
other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If either the annual testing
(and retest, if applicable) of
the waste does not meet the
delisting requirements in
paragraph 1, ExxonMobil must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(C) If ExxonMobil fails to submit
the information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
ExxonMobil must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) For onsite disposal a notice
should be submitted to the State
to notify the State that disposal
of the delisted materials has
begun.
(C) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(D) Failure to provide this
notification will result in a
violation of the delisting
exclusion and a possible
revocation of the decision.
ExxonMobil Beaumont, TX..... Centrifuge Solids (EPA Hazardous
Refining and Waste Numbers F037, F038, K048,
Supply Company-- K049, K051, K052, K169, and
Beaumont K170.) generated at a maximum
Refinery. rate of 8,300 cubic yards after
December 1, 2011.
(1) Reopener.
(A) If, anytime after disposal of
the delisted waste Beaumont
Refinery possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If testing data (and retest,
if applicable) of the waste does
not meet the delisting
requirements in paragraph 1,
Beaumont Refinery must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of
that data.
(C) If Beaumont Refinery fails to
submit the information described
in paragraphs (1)(A) or (1)(B) or
if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
[[Page 202]]
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (1)(D) or
(if no information is presented
under paragraph (1)(D)) the
initial receipt of information
described in paragraphs (1)(A) or
(1)(B), the Division Director
will issue a final written
determination describing EPA
actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(2) Notification Requirements:
Beaumont Refinery must do the
following before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Falconer Glass Falconer, NY..... Wastewater treatment sludges from
Indust., Inc.. the filter press and magnetic
drum separator (EPA Hazardous
Waste No. F006) generated from
electroplating operations after
July 16, 1986.
Florida Daytona Beach, This is a one-time exclusion.
Production Florida. Wastewater treatment sludges (EPA
Engineering Hazardous Waste No. F006)
Company. generated from electroplating
operations and contained in four
on-site trenches on January 23,
1987.
Ford Motor Dearborn, Wastewater treatment plant sludge,
Company, Michigan. F019, that is generated by Ford
Dearborn Truck Motor Company at the Dearborn
Assembly Plant. Truck Asembly Plant at a maximum
annual rate of 2,000 cubic yards
per year. The sludge must be
disposed of in a lined landfill
with leachate collection which is
licensed, permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of April 25, 2005.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
antimony--0.7; arsenic--0.3;
barium--100; cadmium--0.5;
chromium--5; lead--5; nickel--90;
selenium--1; thallium--0.3; zinc--
900; p-cresol--11; di-n-octyl
phthlate--0.11; formaldehyde--80;
and pentachlorophenol--0.009. (B)
The total concentration measured
in any sample may not exceed the
following levels (mg/kg):
mercury--9; and formaldehyde--
700.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Dearborn Truck Assembly
Plant must collect and analyze
one representative sample of the
waste on a quarterly basis.
3. Changes in Operating
Conditions: Dearborn Truck
Assembly Plant must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly.
Dearborn Truck Assembly Plant
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: Dearborn Truck
Assembly Plant [Redln Off] must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Dearborn Truck
Assembly Plant must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. Dearborn
Truck Assembly Plant must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, Dearborn Truck
Assembly Plant possesses or is
otherwise made aware of any data
(including but not limited to
leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Dearborn Truck Assembly
Plant must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
[[Page 203]]
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify
Dearborn Truck Assembly Plant in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing Dearborn
Truck Assembly Plant with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Dearborn
Truck Assembly Plant shall have
30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days the Dearborn
Truck Assembly Plant presents no
further information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
antimony--6; arsenic--5; barium--
2,000; cadmium--5; chromium--100;
lead--15; nickel--800; selenium--
50; thallium--2; tin--20,000;
zinc--11,000; p-Cresol--200; Di-n-
octyl phthlate--1.3;
Formaldehyde--1,400; and
Pentachlorophenol--0.15.
Ford Motor Claycomo, Wastewater treatment sludge, F019,
Company, Kansas Missouri. that is generated at the Ford
City Assembly Motor Company (Ford) Kansas City
Plant. Assembly Plant (KCAP) at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of June 6, 2007.
1. Delisting Levels: (a) The
concentrations in a TCLP extract
of the waste measured in any
sample may not equal or exceed
the following levels (mg/L):
barium--100; chromium--5;
mercury--0.155; nickel--90;
thallium--0.282; zinc--898;
cyanides--11.5; ethyl benzene--
42.6; toluene--60.8; total
xylenes--18.9; bis(2-ethylhexyl)
phthalate--0.365; p-cresol--11.4;
2,4-dinitrotoluene--0.13;
formaldehyde--343; and
napthalene--.728;
(b) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): chromium 760000; mercury--
10.4; thallium--116000; 2,4-
dinitrotoluene--100000; and
formaldehyde--6880.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Ford must collect and
analyze one representative sample
of KCAP's sludge on a quarterly
basis.
3. Changes in Operating
Conditions: Ford must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process at KCAP significantly
change. Ford must handle wastes
generated at KCAP after the
process change as hazardous until
it has demonstrated that the
waste continues to meet the
delisting levels and that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced and Ford has
received written approval from
EPA for the changes.
4. Data Submittals: Ford must
submit the data obtained through
verification testing at KCAP or
as required by other conditions
of this rule to EPA Region 7,
Air, RCRA and Toxics Division,
901 N. 5th, Kansas City, Kansas
66101. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Ford must compile,
summarize, and maintain at KCAP
records of operating conditions
and analytical data for a minimum
of five years. Ford must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, Ford possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste at KCAP indicating
that any constituent is at a
level in the leachate higher than
the specified delisting level, or
is in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Ford must report such data
in writing to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
[[Page 204]]
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify Ford in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing Ford with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Ford shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Ford presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
Ford Motor Wayne, Michigan.. Waste water treatment plant
Company, sludge, F019, that is generated
Michigan Truck by Ford Motor Company at the
Plant and Wayne Wayne Integrated Stamping and
Integrated Assembly Plant from wastewaters
Stamping and from both the Wayne Integrated
Assembly Plant.. Stamping and Assembly Plant and
the Michigan Truck Plant, Wayne,
Michigan at a maximum annual rate
of 2,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003.
1. Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, the facility must collect
and analyze one waste sample on a
quarterly basis.
3. Changes in Operating
Conditions: The facility must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. The
facility must handle wastes
generated after the process
change as hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: The facility
must submit the data obtained
through verification testing or
as required by other conditions
of this rule to both U.S. EPA
Region 5, Waste Management Branch
(DW-8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, the facility
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a level in the leachate
higher than the specified
delisting level, or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentration in
paragraph (e), then the facility
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported
information requires Agency
action to protect human health
or the environment. Further
action may include suspending,
or revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(c) If the Regional
Administrator determines that
the reported information does
require Agency action, the
Regional Administrator will
notify the facility in writing
of the actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The
facility shall have 30 days
from the date of the Regional
Administrator's notice to
present the information.
[[Page 205]]
(d) If after 30 days the
facility presents no further
information, the Regional
Administrator will issue a
final written determination
describing the Agency actions
that are necessary to protect
human health or the
environment. Any required
action described in the
Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
(e) Maximum Allowable
Groundwater Concentrations (ug/
L): Antimony--6; Arsenic--4.87;
Cadmium--5; Chromium--100;
Lead--15; Nickel--750;
Selenium--50; Thallium--2; Tin--
22,500; Zinc--11,300; p-Cresol--
188; and Formaldehyde--1,380.
Ford Motor Wixom, Michigan.. Waste water treatment plant
Company, Wixom sludge, F019, that is generated
Assembly Plant. by Ford Motor Company at the
Wixom Assembly Plant, Wixom,
Michigan at a maximum annual rate
of 2,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR Part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
GE's Former RCA Barceloneta, PR.. Wastewater treatment plant (WWTP)
del Caribe. sludges from chemical etching
operation (EPA Hazardous Waste
No. F006) and contaminated soil
mixed with sludge. This is a one-
time exclusion for a range of
5,000 to 15,000 cubic yards of
WWTP sludge on condition of
disposal in a Subtitle D
landfill. This exclusion was
published on February 1, 2007. 1.
Reopener Language--(a) If,
anytime after disposal of the
delisted waste, GE discovers that
any condition or assumption
related to the characterization
of the excluded waste which was
used in the evaluation of the
petition or that was predicted
through modeling is not as
reported in the petition, then GE
must report any information
relevant to that condition or
assumption, in writing, to the
Director of the Division of
Environmental Planning and
Protection in Region 2 within 10
days of first of discovering that
information. (b) Upon receiving
information described in
paragraph (a) of this section,
regardless of its source, the
Director will determine whether
the reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment.
2. Notifications--GE must provide
a one-time written notification
to any State or Commonwealth
Regulatory Agency in any State or
Commonwealth to which or through
which the waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the waste exclusion
and a possible revocation of the
decision.
General Electric Shreveport Wastewater treatment sludges (EPA
Company. Louisiana. Hazardous Waste No. F006)
generated from electroplating
operations and contained in four
on-site treatment ponds on August
12, 1987.
General Motors... Arlington, TX.... Wastewater Treatment Sludge (WWTP)
(EPA Hazardous Waste No. F019)
generated at a maximum annual
rate of 3,000 cubic yards per
calendar year after January 3,
2007 and disposed in a Subtitle D
landfill.
For the exclusion to be valid, GM-
Arlington must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels (mg/l
for TCLP).
(i) Inorganic Constituents:
Barium-100; Cadmium-0.36; Chromium-
5 (3.71) ; Cobalt-18.02; Lead-5;
Nickel-67.8; Silver-5; Tin-540;
Zinc-673.
(ii) Organic Constituents:
Acetone-171; Ethylbenzene-31.9; N-
Butyl Alcohol-171; Toluene-45.6;
Bis(2-Ethylhexyl) Phthalate-0.27;
p-Cresol-8.55; Naphthalene-3.11.
(2) Waste Management: (A) GM-
Arlington must manage as
hazardous all WWTP sludge
generated, until it has completed
initial verification testing
described in paragraph (3)(A) and
(B), as appropriate, and valid
analyses show that paragraph (1)
is satisfied.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed the
levels set forth in paragraph (1)
are non-hazardous. GM-Arlington
can manage and dispose of the non-
hazardous WWTP sludge according to
all applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the delisting
levels set in paragraph (1), GM-
Arlington can collect one
additional sample and perform
expedited analyses to verify if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance, GM-
Arlington must, from that point
forward, treat the waste as
hazardous until it is demonstrated
that the waste again meets the
levels in paragraph (1). GM-
Arlington must manage and dispose
of the waste generated under
Subtitle C of RCRA from the time
it becomes aware of any
exceedance.
[[Page 206]]
(D) Upon completion of the
Verification Testing described in
paragraph 3(A) and (B), as
appropriate, and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of paragraph (1), GM-
Arlington may proceed to manage
its WWTP sludge as non-hazardous
waste. If subsequent Verification
Testing indicates an exceedance of
the Delisting Levels in paragraph
(1), GM-Arlington must manage the
WWTP sludge as a hazardous waste
until two consecutive quarterly
testing samples show levels below
the Delisting Levels in paragraph
(1).
(3) Verification Testing
Requirements: GM-Arlington must
perform sample collection and
analyses, including quality
control procedures, according to
appropriate methods such as those
found in SW-846 or other reliable
sources (with the exception of
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11, which
must be used without
substitution) for all
constituents listed in paragraph
(1). If EPA judges the process to
be effective under the operating
conditions used during the
initial verification testing, GM-
Arlington may replace the testing
required in paragraph (3)(A) with
the testing required in paragraph
(3)(B). GM-Arlington Plant must
continue to test as specified in
paragraph (3)(A) until and unless
notified by EPA in writing that
testing in paragraph (3)(A) may
be replaced by paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, GM-Arlington must do
the following:
(i) Within 30 days of this
exclusion becoming final, collect
two (2) samples, before disposal,
of the WWTP sludge.
(ii) The samples are to be
analyzed and compared against the
Delisting Levels in paragraph (1).
(iii) Within 60 days of the
exclusion becoming final, GM-
Arlington must report to EPA the
initial verification analytical
test data for the WWTP sludge,
including analytical quality
control information for the first
thirty (30) days of operation
after this exclusion becomes
final.
If levels of constituents measured
in these samples of the WWTP
sludge do not exceed the levels
set forth in paragraph (1), GM-
Arlington can manage and dispose
of the WWTP sludge according to
all applicable solid waste
regulations.
(B) Subsequent Verification
Testing: Following written
notification by EPA, GM-Arlington
may substitute the testing
conditions in paragraph (3)(B)
for paragraph (3)(A). GM-
Arlington must continue to
monitor operating conditions, and
analyze two representative
samples of the WWTP sludge for
the next three quarters of
operation during the first year
of waste generation. The samples
must represent the waste
generated during the quarter.
Quarterly reports are due to EPA,
thirty days after the samples are
taken.
After the first year of analytical
sampling, verification sampling
can be performed on a single
annual sample of the WWTP sludge.
The results are to be compared to
the delisting levels in paragraph
(1).
(C) Termination of Testing:
(i) After the first year of
quarterly testing, if the
delisting levels in paragraph (1)
are being met, GM-Arlington may
then request that EPA not require
quarterly testing.
(ii) Following cancellation of
the quarterly testing by EPA
letter, GM-Arlington must continue
to test one representative sample
for all constituents listed in
paragraph (1) annually. Results
must be provided to EPA within 30
days of the testing.
(4) Changes in Operating
Conditions: If GM-Arlington
significantly changes the process
described in its petition or
starts any process that generates
the waste that may or could
significantly affect the
composition or type of waste
generated as established under
paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing; it
may no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: GM-Arlington
must submit the information
described below. If GM-Arlington
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph 6. GM-Arlington must:
(A) Submit the data obtained
through paragraph (3) to the
Section Chief, Region 6 Corrective
Action and Waste Minimization
Section, EPA, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Mail
Code, (6PD-C) within the time
specified.
(B) Compile records of operating
conditions and analytical data
from paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and
data when EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
[[Page 207]]
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Re-opener;
(A) If, anytime after disposal
of the delisted waste, GM-
Arlington possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1, GM-
Arlington must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(C) If GM-Arlington fails to
submit the information described
in paragraphs (5), (6)(A) or
(6)(B) or if any other information
is received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health and/
or the environment. Further action
may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the actions
it believes are necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present information
explaining why the proposed EPA
action is not necessary. The
facility shall have 10 days from
the date of EPA's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue a
final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in EPA's
determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements: GM-
Arlington must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described above
for disposal, 60 days before
beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible revocation
of the decision.
General Motors Lake Orion, Wastewater treatment plant (WWTP)
Corporation. Michigan. sludge from the chemical
conversion coating (phosphate
coating) of aluminum (EPA
Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,500 tons per year (or
1,500 cubic yards per year),
after October 24, 1997 and
disposed of in a Subtitle D
landfill.
1. Verification Testing: GM must
implement an annual testing
program to demonstrate, based on
the analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP (or OWEP,
where appropriate) extract of the
waste are within specific levels.
The constituent concentrations
must not exceed the following
levels (mg/l) which are back-
calculated from the delisting
health-based levels and a DAF of
90: Arsenic--4.5; Cobalt--189;
Copper--126; Nickel--63;
Vanadium--18; Zinc--900; 1,2-
Dichloroethane--0.45;
Ethylbenzene--63; 4-Methylphenol--
16.2; Naphthalene--90; Phenol--
1800; and Xylene--900. The
constituent concentrations must
also be less than the following
levels (mg/l) which are the
toxicity characteristic levels:
Barium--100.0; and Chromium
(total)--5.0.
2. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM may handle the WWTP
filter press sludge generated
from the new process under this
exclusion after the facility has
demonstrated that the waste meets
the levels set forth in paragraph
1 and that no new hazardous
constituents listed in appendix
VIII of Part 261 have been
introduced.
[[Page 208]]
3. Data Submittals: The data
obtained through annual
verification testing or paragraph
2 must be submitted to U.S. EPA
Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604-3590, within 60
days of sampling. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on
site for a minimum of five years
and must be made available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in
260.22(I)(12).
General Motors Lordstown, Ohio.. Waste water treatment plant
Corporation sludge, F019, that is generated
Assembly Plant at General Motors Corporation's
Lordstown Assembly Plant at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a Subtitle
D landfill which is licensed,
permitted, or otherwise
authorized by a state to accept
the delisted wastewater treatment
sludge. The exclusion becomes
effective as of October 12, 2004.
1. Delisting Levels: (A) The
constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--0.66; arsenic--
0.30; chromium--5; lead--5;
mercury--0.15; nickel--90;
selenium--1; silver--5; thallium--
0.28; tin--720; zinc--900;
fluoride--130; p-cresol--11;
formaldehyde--84; and methylene
chloride--0.29 (B) The total
constituent concentration
measured in any sample of the
waste may not exceed the
following levels (mg/kg):
chromium--4,100 ; formaldehyde--
700; and mercury--10. (C) Maximum
allowable groundwater
concentrations ([micro]g/L) are
as follows: antimony--6; arsenic--
4.88; chromium--100; lead--15;
mercury--2; nickel--750;
selenium--50; silver--188;
thallium--2; tin--22,500; zinc--
11,300; fluoride--4,000; p-
cresol--188; formaldehyde--1,390;
and methylene chloride--5.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, GM must collect and
analyze one waste sample on a
quarterly basis using methods
with appropriate detection levels
and elements of quality control.
3. Changes in Operating
Conditions: The facility must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. GM
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: The facility
must submit the data obtained
through verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch, RCRA
Delisting Program (DW-8J), 77 W.
Jackson Blvd., Chicago, IL 60604.
The quarterly verification data
and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language: (A) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (1),
then GM must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data. (B) Based on
the information described in
paragraph (A) and any other
information received from any
source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing GM with an opportunity
to present information as to why
the proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 days GM presents no
further information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
General Motors Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix [supreg] treatment
Body Division. process on sludge (EPA Hazardous
Waste No. F006) generated from
electroplating operations and
contained in three on-site
surface impoundments on November
14, 1986. To assure that
stabilization occurs, the
following conditions apply to
this exclusion:
(1) Mixing ratios shall be
monitored continuously to assure
consistent treatment.
[[Page 209]]
(2) One grab sample of the treated
waste shall be taken each hour as
it is pumped to the holding area
(cell) from each trailer unit. At
the end of each production day,
the grab samples from the
individual trailer units will be
composited and the EP toxicity
test will be run on each
composite sample. If lead or
total chromium concentrations
exceed 0.315 ppm or if nickel
exceeds 2.17 ppm, in the EP
extract, the waste will be
removed and retreated or disposed
of as a hazardous waste.
(3) The treated waste shall be
pumped into bermed cells which
are constructed to assure that
the treated waste is identifiable
and retrievable (i.e., the
material can be removed and
either disposed of as a hazardous
waste or retreated if conditions
1 or 2 are not met).
Failure to satisfy any of these
conditions would render the
exclusion void. This is a one-
time exclusion, applicable only
to the residue generated from the
use of the Chemfix [supreg]
treatment process on the sludge
currently contained in the three
on-site surface impoundments.
General Motors Flint, Michigan.. Waste water treatment plant
Corporation, sludge, F019, that is generated
Flint Truck. by General Motors Corporation at
Flint Truck, Flint, Michigan at a
maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55; and
Formaldehyde--63. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentration to the
delisting level for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
General Motors Detroit, Michigan Waste water treatment plant
Corporation, sludge, F019, that is generated
Hamtramck. by General Motors Corporation at
Hamtramck, Detroit, Michigan at a
maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply. A
maximum allowable groundwater
concentration of 3,750 [micro]g/L
for n-butyl alcohol is added to
paragraph (5)(e).
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55;
Formaldehyde--63; and n-Butyl
alcohol--171. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentration to the
delisting level for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
General Motors Janesville, Wastewater treatment sludge, F019,
Corporation, Wisconsin. that is generated at the General
Janesville Truck Motors Corporation (GM)
Assembly Plant Janesville Truck Assembly Plant
(JTAP) at a maximum annual rate
of 3,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of January 24, 2006.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
antimony--0.49; arsenic--0.22;
cadmium--0.36; chromium--3.7;
lead--5; nickel--68; selenium--1;
thallium--0.21; tin--540; zinc--
670; p-cresol--8.5; and
formaldehyde--43. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
chromium--5,300; mercury--7; and
formaldehyde--540.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, GM must collect and
analyze one representative sample
of JTAP's sludge on a quarterly
basis.
3. Changes in Operating
Conditions: GM must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process at JTAP significantly
change. GM must handle wastes
generated at JTAP after the
process change as hazardous until
it has demonstrated that the
waste continues to meet the
delisting levels and that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced and GM has
received written approval from
EPA.
[[Page 210]]
4. Data Submittals: GM must submit
the data obtained through
verification testing at JTAP or
as required by other conditions
of this rule to EPA Region 5,
Waste Management Branch (DW-8J),
77 W. Jackson Blvd., Chicago, IL
60604. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. GM must compile,
summarize, and maintain at JTAP
records of operating conditions
and analytical data for a minimum
of five years. GM must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste at JTAP indicating
that any constituent is at a
level in the leachate higher than
the specified delisting level, or
is in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then GM must report such data in
writing to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify GM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing GM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days GM presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
(e) Maximum Allowable Groundwater
Concentrations (mg/L):; antimony--
0.006; arsenic--0.005; cadmium--
0.005; chromium--0.1; lead--
0.015; nickel--0.750; selenium--
0.050; tin--23; zinc--11; p-
Cresol--0.190; and formaldehyde--
0.950.
General Motors Lansing, Michigan Wastewater treatment plant (WWTP)
Corporation. sludge from the chemical
Lansing Car conversion coating (phosphate
Assembly--Body coating) of aluminum (EPA
Plant. Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,250 cubic yards per
year and disposed of in a
Subtitle D landfill, after May
16, 2000.
1. Delisting Levels:
(A) The constituent
concentrations measured in the
TCLP extract may not exceed the
following levels (mg/L):
Antimony--0.576; Arsenic--4.8;
Barium--100; Beryllium--0.384;
Cadmium--0.48; Chromium
(total)--5; Cobalt--201.6;
Copper--124.8; Lead--1.44;
Mercury--0.192; Nickel--67.2;
Selenium--1; Silver--5;
Thallium--0.192; Tin--2016;
Vanadium--28.8; Zinc--960;
Cyanide--19.2; Fluoride--384;
Acetone--336; m,p--Cresol--
19.2; 1,1--Dichloroethane--
0.0864; Ethylbenzene--67.2;
Formaldehyde--672; Phenol--
1920; Toluene--96; 1,1,1--
Trichloroethane--19.2; Xylene--
960.
(B) The total concentration of
formaldehyde in the waste may
not exceed 2100 mg/kg.
(C) Analysis for determining
reactivity from sulfide must be
added to verification testing
when an EPA-approved method
becomes available.
2. Verification Testing: GM must
implement an annual testing
program to demonstrate that the
constituent concentrations
measured in the TCLP extract (or
OWEP, where appropriate) of the
waste do not exceed the delisting
levels established in Condition
(1).
3. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM must notify the EPA
of the changes in writing. GM
must handle wastes generated
after the process change as
hazardous until GM has
demonstrated that the wastes meet
the delisting levels set forth in
Condition (1), that no new
hazardous constituents listed in
appendix VIII of Part 261 have
been introduced, and GM has
received written approval from
EPA.
4. Data Submittals: GM must submit
the data obtained through annual
verification testing or as
required by other conditions of
this rule to U.S. EPA Region 5,
77 W. Jackson Blvd. (DW-8J),
Chicago, IL 60604, within 60 days
of sampling. GM must compile,
summarize, and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. GM must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
[[Page 211]]
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the level predicted
by the CML model, then GM must
notify the Regional Administrator
in writing within 10 days and
must report the data within 45
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify GM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing GM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days GM presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
General Motors Pontiac, Michigan Waste water treatment plant
Corporation, sludge, F019, that is generated
Pontiac East. by General Motors Corporation at
Pontiac East, Pontiac, Michigan
at a maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55; and
Formaldehyde--63. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
Geological Morrisville, Wastewater treatment sludge filter
Reclamation Pennsylvania. cake from the treatment of EPA
Operations and Hazardous Waste No. F039,
Waste Systems, generated at a maximum annual
Inc. rate of 2000 cubic yards, after
December 4, 2001, and disposed of
in a Subtitle D landfill. The
exclusion covers the filter cake
resulting from the treatment of
hazardous waste leachate derived
from only ``old'' GROWS and non-
hazardous leachate derived from
only non-hazardous waste sources.
The exclusion does not address
the waste disposed of in the
``old'' GROWS' Landfill or the
grit generated during the removal
of heavy solids from the landfill
leachate. To ensure that
hazardous constituents are not
present in the filter cake at
levels of regulatory concern,
GROWS must implement a testing
program for the petitioned waste.
This testing program must meet
the conditions listed below in
order for the exclusion to be
valid:
(1) Testing: Sample collection and
analyses, including quality
control (QC) procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Sample Collection: Each batch
of waste generated over a four-
week period must be collected in
containers with a maximum
capacity of 20-cubic yards. At
the end of the four-week period,
each container must be divided
into four quadrants and a single,
full-depth core sample shall be
collected from each quadrant. All
of the full-depth core samples
then must be composited under
laboratory conditions to produce
one representative composite
sample for the four-week period.
[[Page 212]]
(B) Sample Analysis: Each four-
week composite sample must be
analyzed for all of the
constituents listed in Condition
(3). The analytical data,
including quality control
information, must be submitted to
The Waste and Chemicals
Management Division, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103, and the
Pennsylvania Department of
Environmental Protection, Bureau
of Land Recycling and Waste
Management, Rachel Carson State
Office Building, 400 Market
Street, 14th Floor, Harrisburg,
PA 17105. Data from the annual
verification testing must be
compiled and submitted to EPA and
the Pennsylvania Department of
Environmental Protection within
sixty (60) days from the end of
the calendar year. All data must
be accompanied by a signed copy
of the statement set forth in 40
CFR 260.22(i)(12) to certify to
the truth and accuracy of the
data submitted. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on-
site for a minimum of three years
and must be furnished upon
request by any employee or
representative of EPA or the
Pennsylvania Department of
Environmental Protection, and
made available for inspection.
(2) Waste Holding: The dewatered
filter cake must be stored as
hazardous until the verification
analyses are completed. If the
four-week composite sample does
not exceed any of the delisting
levels set forth in Condition
(3), the filter cake waste
corresponding to this sample may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If the
four-week composite sample
exceeds any of the delisting
levels set forth in Condition
(3), the filter cake waste
generated during the time period
corresponding to the four-week
composite sample must be
retreated until it meets these
levels (analyses must be
repeated) or managed and disposed
of in accordance with Subtitle C
of RCRA. Filter cake which is
generated but for which analyses
are not complete or valid must be
managed and disposed of in
accordance with Subtitle C of
RCRA, until valid analyses
demonstrate that the waste meets
the delisting levels.
(3) Delisting Levels: If the
concentrations in the four-week
composite sample of the filter
cake waste for any of the
hazardous constituents listed
below exceed their respective
maximum allowable concentrations
(mg/l or mg/kg) also listed
below, the four-week batch of
failing filter cake waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
Subtitle C of RCRA. GROWS has the
option of determining whether the
filter cake waste exceeds the
maximum allowable concentrations
for the organic constituents by
either performing the analysis on
a TCLP leachate of the waste or
performing total constituent
analysis on the waste, and then
comparing the results to the
corresponding maximum allowable
concentration level.
------------------------------------------------------------------------
(A) Inorganics Maximum Allowable
Leachate Conc. (mg/
l)
Constituent:
Arsenic................. 3.00e-01
Barium.................. 2.34e+01
Cadmium................. 1.80e-01
Chromium................ 5.00e+00
Lead.................... 5.00e+00
Mercury................. 7.70e-02
Nickel.................. 9.05e+00
Selenium................ 6.97e-01
Silver.................. 1.23e+00
Cyanide................. 4.33e+00
Cyanide extractions must
be conducted using
distilled water in
place of the leaching
media specified in the
TCLP procedure.
(B) Organics Maximum allowable Maximum allowable
leachate conc. (mg/ total conc. (mg/
l) kg)
Constituent:
Acetone................. 2.28e+01 4.56e+02
Acetonitrile............ 3.92e+00 7.84e+01
Acetophenone............ 2.28e+01 4.56e+02
Acrolein................ 1.53e+03 3.06e+04
Acrylonitrile........... 7.80e-03 1.56e-01
Aldrin.................. 5.81e-06 1.16e-04
Aniline................. 7.39e-01 1.48e+01
Anthracene.............. 8.00e+00 1.60e+02
Benz(a)anthracene....... 1.93e-04 3.86e-03
Benzene................. 1.45e-01 2.90e+00
Benzo(a)pyrene.......... 1.18e-05 2.36e-04
Benzo(b)fluoranthene.... 1.07e-04 2.14e-03
Benzo(k)fluoranthene.... 1.49e-03 2.98e-02
[[Page 213]]
Bis(2-chloroethyl)ether. 3.19e-02 6.38e-01
Bis(2- 8.96e-02 1.79e+00
ethylhexyl)phthalate.
Bromodichloromethane.... 6.80e-02 1.36e+00
Bromoform 5.33e-01 1.07e+01
(Tribromomethane).
Butyl-4,6-dinitrophenol, 2.28e-01 4.56e+00
2-sec-(Dinoseb).
Butylbenzylphthalate.... 9.29e+00 1.86e+02
Carbon disulfide........ 2.28e+01 4.56e+02
Carbon tetrachloride.... 4.50e-02 9.00e-01
Chlordane............... 5.11e-04 1.02e-02
Chloro-3-methylphenol 4- 2.97e+02 5.94e+03
Chloroaniline, p-....... 9.14e-01 1.83e+01
Chlorobenzene........... 6.08e+00 1.22e+02
Chlorobenzilate......... 4.85e-02 9.70e-01
Chlorodibromomethane.... 5.02e-02 1.00e+00
Chloroform.............. 7.79e-02 1.56e+00
Chlorophenol, 2-........ 1.14e+00 2.28e+01
Chrysene................ 2.04e-02 4.08e-01
Cresol.................. 1.14e+00 2.28e+01
DDD..................... 5.83e-04 1.17e-02
DDE..................... 1.37e-04 2.74e-03
DDT..................... 2.57e-04 5.14e-03
Dibenz(a,h)anthracene... 5.59e-06 1.12e-04
Dibromo-3-chloropropane, 3.51e-03 7.02e-02
1,2-.
Dichlorobenzene 1,3-.... 9.35e+00 1.87e+02
Dichlorobenzene, 1,2-... 1.25e+01 2.50e+02
Dichlorobenzene, 1,4-... 1.39e-01 2.78e+00
Dichlorobenzidine, 3,3'- 9.36e-03 1.87e-01
Dichlorodifluoromethane. 4.57e+01 9.14e+02
Dichloroethane, 1,1-.... 1.20e+00 2.40e+01
Dichloroethane, 1,2-.... 2.57e-03 5.14e-02
Dichloroethylene, 1,1-.. 7.02e-03 1.40e-01
Dichloroethylene, trans- 4.57e+00 9.14e+01
1,2-.
Dichlorophenol, 2,4-.... 6.85e-01 1.37e+01
Dichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4-(2,4-D).
Dichloropropane, 1,2-... 1.14e-01 2.28e+00
Dichloropropene, 1,3-... 2.34e-02 4.68e-01
Dieldrin................ 6.23e+01 1.25e+03
Diethyl phthalate....... 2.21e+02 4.42e+03
Dimethoate.............. 6.01e+01 1.20e+03
Dimethyl phthalate...... 1.20e+02 2.40e+03
Dimethylbenz(a)anthracen 1.55e-06 3.10e-05
e, 7,12-.
Dimethylphenol, 2,4-.... 4.57e+00 9.14e+01
Di-n-butyl phthalate.... 5.29e+00 1.06e+02
Dinitrobenzene, 1,3-.... 2.28e-02 4.56e-01
Dinitromethylphenol, 4,6- 2.16e-02 4.32e-01
,2-.
Dinitrophenol, 2,4-..... 4.57e-01 9.14e+00
Dinitrotoluene, 2,6-.... 6.54e-03 1.31e-01
Di-n-octyl phthalate.... 1.12e-02 2.24e-01
Dioxane, 1,4-........... 3.83e-01 7.66e+00
Diphenylamine........... 3.76e+00 7.52e+01
Disulfoton.............. 3.80e+02 7.60e+03
Endosulfan.............. 1.37e+00 2.74e+01
Endrin.................. 2.00e-02 4.00e-01
Ethylbenzene............ 1.66e+01 3.32e+02
Ethylene Dibromide...... 4.13e-03 8.26e-02
Fluoranthene............ 5.16e-01 1.03e+01
Fluorene................ 1.78e+00 3.56e+01
Heptachlor.............. 8.00e-03 1.60e-01
Heptachlor epoxide...... 8.00e-03 1.60e-01
Hexachloro-1,3-butadiene 9.61e-03 1.92e-01
Hexachlorobenzene....... 9.67e-05 1.93e-03
Hexachlorocyclohexane, 4.00e-01 8.00e+00
gamma-(Lindane).
Hexachlorocyclopentadien 1.66e+04 3.32e+05
e.
Hexachloroethane........ 1.76e-01 3.52e+00
Hexachlorophene......... 3.13e-04 6.26e-03
Indeno(1,2,3-cd) pyrene. 6.04e-05 1.21e-03
Isobutyl alcohol........ 6.85e+01 1.37e+03
Isophorone.............. 4.44e+00 8.88e+01
Methacrylonitrile....... 2.28e-02 4.56e-01
Methoxychlor............ 1.00e+01 2.00e+02
Methyl bromide 1.28e+02 2.56e+03
(Bromomethane).
Methyl chloride 1.80e-01 3.60e+00
(Chloromethane).
Methyl ethyl ketone..... 1.37e+02 2.74e+03
Methyl isobutyl ketone.. 1.83e+01 3.66e+02
Methyl methacrylate..... 1.03e+03 2.06e+04
Methyl parathion........ 1.27e+02 2.54e+03
[[Page 214]]
Methylene chloride...... 2.88e-01 5.76e+00
Naphthalene............. 1.50e+00 3.00e+01
Nitrobenzene............ 1.14e-01 2.28e+00
Nitrosodiethylamine..... 2.81e-05 5.62e-04
Nitrosodimethylamine.... 8.26e-05 1.65e-03
Nitrosodi-n-butylamine.. 7.80e-04 1.56e-02
N-Nitrosodi-n- 6.02e-04 1.20e-02
propylamine.
N-Nitrosodiphenylamine.. 8.60e-01 1.72e+01
N-Nitrosopyrrolidine.... 2.01e-03 4.02e-02
Pentachlorobenzene...... 1.15e-02 2.30e-01
Pentachloronitrobenzene 5.00e-03 1.00e-01
(PCNB).
Pentachlorophenol....... 4.10e-03 8.20e-02
Phenanthrene............ 2.09e-01 4.18e+00
Phenol.................. 1.37e+02 2.74e+03
Polychlorinated 3.00e-05 6.00e-04
biphenyls.
Pronamide............... 1.71e+01 3.42e+02
Pyrene.................. 3.96e-01 7.92e+00
Pyridine................ 2.28e-01 4.56e+00
Styrene................. 6.08e+00 1.22e+02
Tetrachlorobenzene, 9.43e-03 1.89e-01
1,2,4,5-.
Tetrachloroethane, 4.39e-01 8.78e+00
1,1,2,2-.
Tetrachloroethylene..... 8.55e-02 1.71e+00
Tetrachlorophenol, 1.81e+00 3.62e+01
2,3,4,6-.
Tetraethyl 3.01e+05 6.02e+06
dithiopyrophosphate
(Sulfotep).
Toluene................. 4.57e+01 9.14e+02
Toxaphene............... 5.00e-01 1.00e+01
Trichlorobenzene, 1,2,4- 7.24e-01 1.45e+01
Trichloroethane, 1,1,1-. 7.60e+00 1.52e+02
Trichloroethane, 1,1,2-. 7.80e-02 1.56e+00
Trichloroethylene....... 3.04e-01 6.08e+00
Trichlorofluoromethane.. 6.85e+01 1.37e+03
Trichlorophenol, 2,4,5-. 9.16e+00 1.83e+02
Trichlorophenol, 2,4,6-. 2.76e-01 5.52e+00
Trichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4,5-(245-T).
Trichlorophenoxypropioni 1.00e+00 2.00e+01
c acid, 2,4,5-(Silvex).
Trichloropropane, 1,2,3- 7.69e-04 1.54e-02
Trinitrobenzene, sym-... 6.49e+00 1.30e+02
Vinyl chloride.......... 2.34e-03 4.68e-02
Xylenes (total)......... 3.20e+02 6.40e+03
Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
(4) Changes in Operating
Conditions: If GROWS
significantly changes the
treatment process or the
chemicals used in the treatment
process, GROWS may not manage the
treatment sludge filter cake
generated from the new process
under this exclusion until it has
met the following conditions: (a)
GROWS must demonstrate that the
waste meets the delisting levels
set forth in Paragraph 3; (b) it
must demonstrate that no new
hazardous constituents listed in
Appendix VIII of Part 261 have
been introduced into the
manufacturing or treatment
process: and (c) it must obtain
prior written approval from EPA
and the Pennsylvania Department
of Environmental Protection to
manage the waste under this
exclusion.
(5) Reopener:
(a) If GROWS discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then GROWS
must report any information
relevant to that condition, in
writing, to the Regional
Administrator or his delegate and
to the Pennsylvania Department of
Environmental Protection within
10 days of discovering that
condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate and
the Pennsylvania Department of
Environmental Protection will
determine whether the reported
condition requires further
action. Further action may
include repealing the exclusion,
modifying the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
Goodyear Tire and Randleman, NC.... Dewatered wastewater treatment
Rubber Co. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations.
Gould, Inc....... McConnelsville, Wastewater treatment sludge (EPA
OH. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Hanover Wire Hanover, Dewatered filter cake (EPA
Cloth Division. Pennsylvania. Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Hoechst Celanese Bucks, Alabama... Distillation bottoms generated (at
Corporation. a maximum annual rate of 31,500
cubic yards) from the production
of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This
exclusion was published on July
17, 1990. This exclusion does not
include the waste contained in
Hoechst Celanese's on-site
surface impoundment.
[[Page 215]]
Hoechst Celanese Leeds, South Distillation bottoms generated (at
Corporation. Carolina. a maximum annual rate of 38,500
cubic yards) from the production
of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This
exclusion was published on July
17, 1990.
Holston Army Kingsport, Dewatered wastewater treatment
Ammunition Plant. Tennessee. sludges (EPA Hazardous Waste Nos.
F003, F005, and K044) generated
from the manufacturing and
processing of explosives and
containing spent non-halogenated
solvents after November 14, 1986.
IBM Corporation.. Essex Junction, Wastewater Treatment Sludge
VT. (Hazardous Waste No. F006)
generated at a maximum annual
rate of 3,150 cubic yards per
calendar year and disposed of in
a Subtitle D Landfill which is
licensed, permitted, or otherwise
authorized by a state to accept
the delisted wastewater treatment
sludge. IBM must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
1. Delisting Levels: (A) All
leachable concentrations for the
following constituents must not
exceed the following levels (mg/L
for TCLP): Arsenic--5.0; Barium--
100.0; Cadmium--1.0; Chromium--
5.0; Lead--5.0; Mercury--0.2;
and, Nickel--32.4.
2. Waste Handling and Holding: (A)
IBM must manage as hazardous all
WWTP sludge generated until it
has completed initial
verification testing described in
paragraph (3)(A) and valid
analyses show that paragraph (1)
is satisfied and written approval
is received by EPA.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed
the levels set forth in paragraph
(1) for two consecutive quarterly
sampling events are non-
hazardous. After approval is
received from EPA, IBM can manage
and dispose of the non-hazardous
WWTP sludge according to all
applicable solid waste
regulations.
(C) Not withstanding having
received the initial approval
from EPA, if constituent levels
in a later sample exceed any of
the Delisting Levels set in
paragraph (1), from that point
forward, IBM must treat all the
waste covered by this exclusion
as hazardous until it is
demonstrated that the waste again
meets the levels in paragraph
(1). IBM must manage and dispose
of the waste generated under
Subtitle C of RCRA from the time
that it becomes aware of any
exceedance.
3. Verification Testing
Requirements: IBM must perform
sample collection and analyses in
accordance with the approved
Quality Assurance Project Plan
dated January 27, 2011. All
samples shall be representative
composite samples according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
IBM sludge are representative for
all constituents listed in
paragraph (1). To verify that the
waste does not exceed the
specified delisting
concentrations, for one year
after the final exclusion is
granted, IBM must perform
quarterly analytical testing by
sampling and analyzing the WWTP
sludge as follows:
(A) Quarterly Testing: (i) Collect
two representative composite
samples of the WWTP sludge at
quarterly intervals after EPA
grants the final exclusion. The
first composite samples must be
taken within 30 days after EPA
grants the final approval. The
second set of samples must be
taken at least 30 days after the
first set.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any waste regarding which a
composite sample is taken that
exceeds the delisting levels
listed in paragraph (1) for the
sludge must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements from the time
that IBM becomes aware of any
exceedance.
(iii) Within thirty (30) days
after taking each quarterly
sample, IBM will report its
analytical test data to EPA. If
levels of constituents measured
in the samples of the sludge do
not exceed the levels set forth
in paragraph (1) of this
exclusion for two consecutive
quarters, and EPA concurs with
those findings, IBM can manage
and dispose the non-hazardous
sludge according to all
applicable solid waste
regulations.
(B) Annual Testing: (i) If IBM
completes the quarterly testing
specified in paragraph (3) above
and no sample contains a
constituent at a level which
exceeds the limits set forth in
paragraph (1), IBM may begin
annual testing as follows: IBM
must test two representative
composite samples of the
wastewater treatment sludge
(following the same protocols as
specified for quarterly sampling,
above) for all constituents
listed in paragraph (1) at least
once per calendar year.
(ii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iii) IBM shall submit an annual
testing report to EPA with its
annual test results, within
thirty (30) days after taking
each annual sample. The annual
testing report also shall include
the total amount of waste in
cubic yards disposed during the
calendar year.
[[Page 216]]
4. Changes in Operating
Conditions: If IBM significantly
changes the manufacturing or
treatment process described in
the petition, or the chemicals
used in the manufacturing or
treatment process, it must notify
the EPA in writing and may no
longer handle the wastes
generated from the new process as
non-hazardous unless and until
the wastes are shown to meet the
delisting levels set in paragraph
(1), IBM demonstrates that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced, and IBM has
received written approval from
EPA to manage the wastes from the
new process under this exclusion.
While the EPA may provide written
approval of certain changes, if
there are changes that the EPA
determines are highly
significant, the EPA may instead
require IBM to file a new
delisting petition.
5. Data Submittals and
Recordkeeping: IBM must submit
the information described below.
If IBM fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). IBM must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, RCRA Waste Management &
UST Section, U.S. EPA Region 1,
(OSRR07-1), 5 Post Office Square,
Suite 100, Boston, MA 02109-3912,
within the time specified. All
supporting data can be submitted
on CD-ROM or some comparable
electronic media;
(B) Compile, summarize, and
maintain on site for a minimum of
five years and make available for
inspection records of operating
conditions, including monthly and
annual volumes of WWTP sludge
generated, analytical data,
including quality control
information, and copies of the
notification(s) required in
paragraph (7);
(C) Submit with all data a signed
copy of the certification
statement in 40 CFR
260.22(i)(12).
6. Reopener Language--(A) If,
anytime after disposal of the
delisted waste, IBM possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other relevant data to the
delisted waste indicating that
any constituent is at a
concentration in the leachate
higher than the specified
delisting concentration, then IBM
must report such data, in
writing, to the Regional
Administrator and to the Vermont
Agency of Natural Resources
Secretary within 10 days of first
possessing or being made aware of
that data.
(B) Based on the information
described in paragraph (A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify IBM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing IBM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. IBM shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(D) If after 30 days IBM presents
no further information or after a
review of any submitted
information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
7. Notification Requirements: IBM
must do the following before
transporting the delisted waste:
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities;
(B) Update the one-time written
notification if it ships the
delisted waste to a different
disposal facility. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Imperial Clevite. Salem, IN........ Solid resin cakes containing EPA
Hazardous Waste No. F002
generated after August 27, 1985,
from solvent recovery operations.
Indiana Steel & Munci, IN........ Dewatered wastewater treatment
Wire Corporation sludges (EPA Hazardous Waste Nos.
(formerly F006 and K062) generated from
General Cable electroplating operations and
Co.). steel finishing operations after
October 24, 1986. This exclusion
does not apply to sludges in any
on-site impoundments as of this
date.
International Terre Haute, Spent non-halogenated solvents and
Minerals and Indiana. still bottoms (EPA Hazardous
Chemical Waste No. F003) generated from
Corporation. the recovery of n-butyl alchohol
after August 15, 1986.
Kawneer Company, Springdale, Wastewater treatment filter press
Incorporated. Arkansas. sludge (EPA Hazardous Waste No.
F019) generated (at a maximum
annual rate of 26 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on
November 13, 1990.
[[Page 217]]
Kay-Fries, Inc... Stoney Point, NY. Biological aeration lagoon sludge
and filter press sludge generated
after September 21, 1984, which
contain EPA Hazardous Waste Nos.
F003 and F005 as well as that
disposed of in a holding lagoon
as of September 21, 1984.
Keymark Corp..... Fonda, NY........ Wastewater treatment sludge (EPA
Hazardous Waste No. F019)
generated from chemical
conversion coating of aluminum
after November 27, 1985.
Keymark Corp..... Fonda, NY........ Wastewater treatment sludges (EPA
Hazardous Waste No. F019)
generated from the chemical
conversion coating of aluminum
and contained in an on-site
impoundment on August 12, 1987.
This is a one-time exclusion.
Lawrence Berkeley Berkeley, Treated ignitable and spent
National California. halogenated and non-halogenated
Laboratory. solvent mixed waste (D001, F002,
F003, and F005), and bubbler
water on silica gel generated
during treatment at the National
Tritium Labeling Facility (NTLF)
of the Lawrence Berkeley National
Laboratory (LBNL). This is a one-
time exclusion for 200 U.S.
gallons of treatment residues
that will be disposed of in a
Nuclear Regulatory Commission
(NRC) licensed or Department of
Energy (DOE) approved low-level
radioactive waste disposal
facility, after August 7, 2003.
(1) Waste Management: The treated
waste residue and bubbler water
on silica gel must be managed in
accordance with DOE or NRC
requirements prior to and during
disposal.
(2) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, LBNL possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any organic constituent from the
waste is detected in the leachate
or the groundwater, then LBNL
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(B) Based on the information
described in paragraph (2)(A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify LBNL in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing LBNL with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. LBNL shall
have 30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 days LBNL presents no
further information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(3) Notification Requirements:
LBNL must do the following before
transporting the delisted waste
off-site: (A) Provide a one-time
written notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if LBNL ships the
delisted waste to a different
disposal facility. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the exclusion.
Lederle Pearl River, NY.. Spent non-halogenated solvents and
Laboratories. still bottoms (EPA Hazardous
Waste Nos. F003 and F005)
generated from the recovery of
the following solvents: Xylene,
acetone, ethyl acetate, ethyl
ether, methyl isobutyl ketone, n-
butyl alcohol, cyclohexanone,
methanol, toluene, and pyridine
after August 2, 1988. Excusion
applies to primary and secondary
filter press sludges and compost
soils generated from these
sludges.
Lincoln Plating Lincoln, NE...... Wastewater treatment sludges (EPA
Company. Hazardous Waste No. F006)
generated from electroplating
operations after November 17,
1986.
Lockheed Martin Fort Worth, TX... Sludge (EPA Hazardous Waste Number
Aeronautics F019) generated at a maximum rate
Company. of 90 cubic yards per calendar
year after October 9, 2008.
For the exclusion to be valid,
Lockheed Martin Aeronautics
Company must implement a
verification testing program that
meets the following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Sludge Leachable Concentrations
(mg/l): Antimony--8.45; Arsenic--
0.657; Barium--100.0; Cadmium--
1.00; Chromium--5.0; Chromium,
Hexavalent--5.0; Cobalt--1040;
Copper--1810; Cyanide--240; Lead--
5.0; Mercury--0.20; Nickel--1040;
Selenium--1.0; Silver--5.0;
Vanadium--51.5; Zinc--15800;
Acetone--40600; Acetonitrile--
766; Carbon Disulfide--4400;
Ethylbenzene--846; Methyl Ethyl
Ketone--200.0; Methyl Isobutyl
Ketone--3610; Methylene Chloride--
6.16; Toluene--1180; Xylenes--
745.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for sludge has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by Lockheed Martin
Aeronautics Company exceed any of
the delisting levels set in
paragraph (1) for the sludge,
Lockheed Martin Aeronautics
Company must do the following:
[[Page 218]]
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the sludge
as hazardous waste generated
under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Lockheed Martin
Aeronautics Company may perform
quarterly analytical testing by
sampling and analyzing the sludge
as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the sludge
at quarterly intervals after EPA
grants the final exclusion. The
first composite samples may be
taken at any time after EPA
grants the final approval.
Sampling should be performed in
accordance with the sampling plan
approved by EPA in support of the
exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
sludge must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking each quarterly
sample, Lockheed Martin
Aeronautics Company will report
its quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this exclusion
for two consecutive quarters or
sampling events, Lockheed Martin
Aeronautics Company can manage
and dispose the non-hazardous
sludge according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If Lockheed Martin Aeronautics
Company completes the quarterly
testing specified in paragraph
(3) above and no sample contains
a constituent at a level which
exceeds the limits set forth in
paragraph (1), Lockheed Martin
Aeronautics Company may begin
annual testing as follows:
Lockheed Martin Aeronautics
Company must test two
representative composite samples
of the sludge for all
constituents listed in paragraph
(1) at least once per calendar
year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
Lockheed Martin Aeronautics
Company sludge are representative
for all constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions: If Lockheed Martin
Aeronautics Company significantly
changes the process described in
its petition or starts any
processes that generate(s) the
waste that may or could affect
the composition or type of waste
generated (by illustration, but
not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing and it
may no longer handle the wastes
generated from the new process as
non-hazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
Lockheed Martin Aeronautics
Company must submit a
modification to the petition
complete with full sampling and
analysis for circumstances where
the waste volume changes and/or
additional waste codes are added
to the waste stream.
(5) Data Submittals:
Lockheed Martin Aeronautics
Company must submit the
information described below. If
Lockheed Martin Aeronautics
Company fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). Lockheed Martin
Aeronautics Company must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
[[Page 219]]
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste Lockheed
Martin Aeronautics Company
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1,
Lockheed Martin Aeronautics
Company must report the data, in
writing, to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(C) If Lockheed Martin Aeronautics
Company fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
Lockheed Martin Aeronautics
Company must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Loxcreen Company, Hayti, MO........ Dewatered wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
MAHLE, Inc....... Morristown, Wastewater treatment sludge filter
Tennessee. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 33 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis sample and
test for the constituents listed
in 40 CFR 261.24 using the method
specified therein. The annual
analytical results (including
quality control information) must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
representatives of EPA or the
State of Tennessee. Failure to
maintain the required records on-
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Marquette Milwaukee, Wastewater treatment sludge (EPA
Electronics Wisconsin. Hazardous Waste No. F006)
Incorporated. generated from electroplating
operations. This exclusion was
published on April 20, 1989.
[[Page 220]]
Martin Marietta Ocala, Florida... Dewatered wastewater treatment
Aerospace. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
January 23, 1987.
Mason Bay St. Louis, Wastewater treatment sludge filter
Chamberlain, Mississippi. cake (EPA Hazardous Waste No.
Incorporated. F019) generated (at a maximum
annual rate of 1,262 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on
October 27, 1989.
Maytag Company... Newton, IA....... Wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations and wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum November 17, 1986.
McDonnell Douglas Tulsa, Oklahoma.. Stabilized wastewater treatment
Corporation. sludges from surface impoundments
previously closed as a landfill
(at a maximum generation of
85,000 cubic yards on a one-time
basis). EPA Hazardous Waste No.
F019, F002, F003, and F005
generated at U.S. Air Force Plant
No. 3, Tulsa, Oklahoma and is
disposed of in Subtitle D
landfills after February 26,
1999.
McDonnell Douglas must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
constituents in Conditions (1)(A)
and (1)(B) in the approximately
5,000 cubic yards of combined
stabilization materials and
excavated sludges from the bottom
portion of the northwest lagoon
of the surface impoundments which
are closed as a landfill must not
exceed the following levels (ppm)
after the stabilization process
is completed in accordance with
Condition (3). Constituents must
be measured in the waste leachate
by the method specified in 40 CFR
261.24. Cyanide extractions must
be conducted using distilled
water in the place of the
leaching media per 40 CFR 261.24.
Constituents in Condition (1)(C)
must be measured as the total
concentrations in the waste(ppm).
(A) Inorganic Constituents
(leachate)
Antimony-0.336; Cadmium-0.280;
Chromium (total)-5.0; Lead-0.84;
Cyanide-11.2;
(B) Organic Constituents
(leachate)
Benzene-0.28; trans-1,2-
Dichloroethene-5.6;
Tetrachloroethylene-0.280;
Trichloroethylene-0.280
(C) Organic Constituents (total
analysis).
Benzene-10.; Ethylbenzene-10.;
Toluene-30.; Xylenes-30.; trans-
1,2-Dichloroethene-30.;
Tetrachloroethylene-6.0;
Trichloroethylene-6.0.
McDonnell Douglas Corporation
shall control volatile emissions
from the stabilization process by
collection of the volatile
chemicals as they are emitted
from the waste but before release
to the ambient air. and the
facility shall use dust control
measures. These two controls must
be adequate to protect human
health and the environment.
The approximately 80,000 cubic
yards of previously stabilized
waste in the upper northwest
lagoon, entire northeast lagoon,
and entire south lagoon of the
surface impoundments which were
closed as a landfill requires no
verification testing.
(2) Waste Holding and Handling:
McDonnell Douglas must store as
hazardous all stabilized waste
from the bottom portion of the
northwest lagoon area of the
closed landfill as generated
until verification testing as
specified in Condition (3), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. If the levels of
constituents measured in the
samples of the stabilized waste
do not exceed the levels set
forth in Condition (1), then the
waste is nonhazardous and may be
managed and disposed of in a
Subtitle D landfill in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels set in
Condition (1), the waste
generated during the time period
corresponding to this sample must
be restabilized until delisting
levels are met or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
McDonnell Douglas must stabilize
the previously unstabilized waste
from the bottom portion of the
northwest lagoon of the surface
impoundment (which was closed as
a landfill) using fly ash, kiln
dust or similar accepted
materials in batches of 500 cubic
yards or less. McDonnell Douglas
must analyze one composite sample
from each batch of 500 cubic
yards or less. A minimum of four
grab samples must be taken from
each waste pile (or other
designated holding area) of
stabilized waste generated from
each batch run. Each composited
batch sample must be analyzed,
prior to disposal of the waste in
the batch represented by that
sample, for constituents listed
in Condition (1). There are no
verification testing requirements
for the stabilized wastes in the
upper portions of the northwest
lagoon, the entire northeast
lagoon, and the entire south
lagoon of the surface
impoundments which were closed as
a landfill.
(4) Changes in Operating
Conditions: If McDonnell Douglas
significantly changes the
stabilization process established
under Condition (3) (e.g., use of
new stabilization agents),
McDonnell Douglas must notify the
Agency in writing. After written
approval by EPA, McDonnell
Douglas may handle the wastes
generated as non-hazardous, if
the wastes meet the delisting
levels set in Condition (1).
[[Page 221]]
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Oklahoma, or both,
and made available for
inspection. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(a) If McDonnell Douglas
discovers that a condition at the
facility or an assumption related
to the disposal of the excluded
waste that was modeled or
predicted in the petition does
not occur as modeled or
predicted, then McDonnell Douglas
must report any information
relevant to that condition, in
writing, to the Regional
Administrator or his delegate
within 10 days of discovering
that condition.
(b) Upon receiving information
described in paragraph (a) from
any source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(7) Notification Requirements:
McDonnell Douglas must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Merck & Company, Elkton, Virginia. One-time exclusion for fly ash
Incorporated. (EPA Hazardous Waste No. F002)
from the incineration of
wastewater treatment sludge
generated from pharmaceutical
production processes and stored
in an on-site fly ash lagoon.
This exclusion was published on
May 12, 1989.
Metropolitan Cincinnati, OH... Sluiced bottom ash sludge
Sewer District (approximately 25,000 cubic
of Greater yards), contained in the North
Cincinnati. Lagoon, on September 21, 1984,
which contains EPA Hazardous
Wastes Nos. F001, F002, F003,
F004, and F005.
Michelin Tire Sandy Springs, Dewatered wastewater treatment
Corp.. South Carolina. sludge (EPA Hazardous Wastes No.
F006) generated from
electroplating operations after
November 14, 1986.
Monroe Auto Paragould, AR.... Wastewater treatment sludge (EPA
Equipment. Hazardous Waste No. F006)
generated from electroplating
operations after vacuum
filtration after November 27,
1985. This exclusion does not
apply to the sludge contained in
the on-site impoundment.
Nissan North Smyrna, Tennessee Wastewater treatment sludge (EPA
America, Inc.. Hazardous Waste No. F019) that
Nissan North American, Inc.
(Nissan) generates by treating
wastewater from automobile
assembly plant located on 983
Nissan Drive in Smyrna,
Tennessee. This is a conditional
exclusion for up to 3,500 cubic
yards of waste (hereinafter
referred to as ``Nissan Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after February 27, 2006.
Nissan must continue to
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals, cyanide, and
organic constituents must not
exceed the following levels
(ppm): Barium-100.0; Cadmium-
0.422; Chromium-5.0; Cyanide-
7.73, Lead-5.0; and Nickel-60.7;
Bis-(2-ethylhexyl) phthalate-
0.601; Di-n-octyl phthalate-
0.0752; and 4-Methylphenol-7.66.
These concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7.
[[Page 222]]
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the Nissan Sludge meet the
delisting levels in Condition
(1). Nissan must perform an
annual testing program to
demonstrate that constituent
concentrations measured in the
TCLP extract do not exceed the
delisting levels established in
Condition (1).
(3) Waste Holding and Handling:
Nissan must hold sludge
containers utilized for
verification sampling until
composite sample results are
obtained. If the levels of
constituents measured in Nissan's
annual testing program do not
exceed the levels set forth in
Condition (1), then the Nissan
Sludge is non-hazardous and must
be managed in accordance with all
applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of Nissan Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(4) Changes in Operating
Conditions: Nissan must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify Nissan in writing
that the Nissan Sludge must be
managed as hazardous waste F019
until Nissan has demonstrated
that the wastes meet the
delisting levels set forth in
Condition (1) and any levels
established by EPA for the
additional constituents of
concern, and Nissan has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Nissan, in writing, that
Nissan must verify that the
Nissan Sludge continues to meet
Condition (1) delisting levels.
(5) Data Submittals: Data obtained
in accordance with Condition (2)
must be submitted to Narindar M.
Kumar, Chief, RCRA Enforcement
and Compliance Branch, Mail Code:
4WD-RCRA, U.S. EPA, Region 4, Sam
Nunn Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta,
Georgia 30303. The submission is
due no later than 60 days after
taking each annual verification
samples in accordance with
delisting Conditions (1) through
(7). Records of analytical data
from Condition (2) must be
compiled, summarized, and
maintained by Nissan for a
minimum of three years, and must
be furnished upon request by EPA
or the State of Tennessee, and
made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the certification
statement in 40 CFR
260.22(i)(12).
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, Nissan possesses
or is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, Nissan
must report the data, in writing,
to EPA and Tennessee within 10
days of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (2), does
not meet the delisting
requirements of Condition (1),
Nissan must report the data, in
writing, to EPA and Tennessee
within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing Nissan
with an opportunity to present
information as to why the
proposed action is not necessary.
Nissan shall have 10 days from
the date of EPA's notice to
present such information. (E)
Following the receipt of
information from Nissan, as
described in paragraph (6)(D), or
if no such information is
received within 10 days, EPA will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
[[Page 223]]
(7) Notification Requirements:
Nissan must provide a one-time
written notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
North American Greenville, Wastewater treatment sludges (EPA
Philips Consumer Tennessee. Hazardous Waste No. F006)
Electronics generated from electroplating
Corporation. operations. This exclusion was
published on April 20, 1989.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation 1,114 cubic yards per
calendar year) Rockbox Residue,
(at a maximum generation of 1,000
cubic yards per calendar year)
generated by Occidental Chemical
using the wastewater treatment
process to treat the Rockbox
Residue and the Limestone Sludge
(EPA Hazardous Waste No. F025,
F001, F003, and F005) generated
at Occidental Chemical.
Occidental Chemical must implement
a testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue and the Limestone
Sludge, must be measured in the
waste leachate by the method
specified in 40 CFR Part 261.24.
(A) Rockbox Residue
(i) Inorganic Constituents: Barium-
100; Chromium-5; Copper-130; Lead-
1.5; Selenium-1; Tin-2100;
Vanadium-30; Zinc-1,000
(ii) Organic Constituents: Acetone-
400; Bromodichloromethane-0.14;
Bromoform-1.0; Chlorodibromethane-
0.1; Chloroform-1.0;
Dichloromethane-1.0; Ethylbenzene-
7,000; 2,3,7,8-TCDD Equivalent-
0.00000006
(B) Limestone Sludge
(i) Inorganic Constituents:
Antimony-0.6; Arsenic-5; Barium-
100; Beryllium-0.4; Chromium-5;
Cobalt-210; Copper-130; Lead-1.5;
Nickel-70; Selenium-5; Silver-5;
Vanadium-30; Zinc-1,000
(ii) Organic Constituents Acetone-
400; Bromoform-1.0;
Chlorodibromomethane-0.1;
Dichloromethane-1.0; Diethyl
phthalate-3,000, Ethylbenzene-
7,000; 1,1,1-Trichloroethane-20;
Toluene-700;
Trichlorofluoromethane-1,000,
Xylene-10,000, 2,3,7,8-TCDD
Equivalent-0.00000006;
(2) Waste Holding and Handling:
Occidental Chemical must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue and the Limestone Sludge
generated until the verification
testing described in Condition
(3)(B), as appropriate, is
completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue
and the Limestone Sludge do not
exceed the levels set forth in
Condition (1), then the waste is
nonhazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, any analyses requiring
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must use those methods
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing,
Occidental Chemical may replace
the testing required in Condition
(3)(A) with the testing required
in Condition (3)(B). Occidental
Chemical must continue to test as
specified in Condition (3)(A)
until and unless notified by EPA
in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) During the first 40 operating
days of the Incinerator Offgas
Treatment System after the final
exclusion is granted, Occidental
Chemical must collect and analyze
composites of the Limestone
Sludge. Daily composites must be
representative grab samples
collected every 6 hours during
each unit operating cycle. The
two wastes must be analyzed,
prior to disposal, for all of the
constituents listed in Paragraph
1. The waste must also be
analyzed for pH. Occidental
Chemical must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the generation of the
two wastes.
(ii) When the Rockbox unit is
decommissioned for cleanout,
after the final exclusion is
granted, Occidental Chemical must
collect and analyze composites of
the Rockbox Residue. Two
composites must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Paragraph
1. The waste must be analyzed for
pH. No later than 90 days after
the Rockbox is decommissioned for
cleanout the first two times
after this exclusion becomes
final, Occidental Chemical must
report the operational and
analytical test data, including
quality control information.
[[Page 224]]
(B) Subsequent Verification
Testing: Following written
notification by EPA, Occidental
Chemical may substitute the
testing conditions in (3)(B) for
(3)(A)(i). Occidental Chemical
must continue to monitor
operating conditions, analyze
samples representative of each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated over one quarter.
(This provision does not apply to
the Rockbox Residue.)
(C)Termination of Organic Testing
for the Limestone Sludge:
Occidental Chemical must continue
testing as required under
Condition (3)(B) for organic
constituents specified under
Condition (3)(B) for organic
constituents specified in
Condition (1)(A)(ii) and
(1)(B)(ii) until the analyses
submitted under Condition (3)(B)
show a minimum of two consecutive
quarterly samples below the
delisting levels in Condition
(1)(A)(ii) and (1)(B)(ii),
Occidental Chemical may then
request that quarterly organic
testing be terminated. After EPA
notifies Occidental Chemical in
writing it may terminate
quarterly organic testing.
Following termination of the
quarterly testing, Occidental
Chemical must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Occidental
Chemical significantly changes
the process which generate(s) the
waste(s) and which may or could
affect the composition or type
waste(s) generated as established
under Condition (1) (by
illustration, but not limitation,
change in equipment or operating
conditions of the treatment
process), Occidental Chemical
must notify the EPA in writing
and may no longer handle the
wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener: (a) If Occidental
Chemical discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then
Occidental Chemical must report
any information relevant to that
condition, in writing, to the
Director of the Multimedia
Planning and Permitting Division
or his delegate within 10 days of
discovering that condition. (b)
Upon receiving information
described in paragraph (a) from
any source, the Director or his
delegate will determine whether
the reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(7) Notification Requirements:
Occidental Chemical must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
Owosso Graphic Owosso, Michigan. Wastewater treatment sludges,
Arts Inc.. F006, generated at Owosso Graphic
Arts, Inc. (OGAI) facility in
Owosso, Michigan, at a maximum
annual rate of 244 cubic yards
per year. The sludge must be
disposed of in a Subtitle D
landfill licensed, permitted, or
otherwise authorized by a state
to accept the delisted wastewater
treatment sludge. The exclusion
becomes effective as of January
27, 2011.
[[Page 225]]
1. Delisting Levels: (A) The
constituent concentrations
measured in a leachate extract
may not exceed the following
concentrations (mg/L): antimony--
3.15; arsenic--0.25; cadmium--1;
chromium--5; lead--5; and zinc--
6,000. (B) Maximum allowable
groundwater concentrations (mg/L)
are as follows: antimony--0.006;
arsenic--0.0005; cadmium--0.005;
chromium--0.1; lead--0.015; and
zinc--11.3.
2. Annual Verification Testing: To
verify that the waste does not
exceed the specified delisting
concentrations, OGAI must collect
and analyze one waste sample on
an annual basis using methods
with appropriate detection
concentrations and elements of
quality control. SW-846 Method
1311 must be used for generation
of the leachate extract used in
the testing of the delisting
levels if oil and grease comprise
less than 1 percent of the waste.
SW-846 Method 1330A must be used
for generation of the leaching
extract if oil and grease
comprise 1 percent or more of the
waste. SW-846 Method 9071B must
be used for determination of oil
and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11. A
total analysis of the waste
(accounting for any filterable
liquids and the dilution factor
inherent in the TCLP method) may
be used to estimate the TCLP
concentration as provided for in
section 1.2 of Method 1311.
3. Changes in Operating
Conditions: OGAI must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change.
OGAI must handle wastes generated
after the process change as
hazardous until it has:
demonstrated that the wastes
continue to meet the delisting
concentrations in section 1;
demonstrated that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced; and it has
received written approval from
EPA.
4. Data Submittals: OGAI must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to U.S. EPA Region 5,
RCRA Delisting Program (LR-8J),
77 West Jackson Boulevard,
Chicago, IL 60604. The annual
verification data and
certification of proper disposal
must be submitted upon the
anniversary of the effective date
of this exclusion. OGAI must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
OGAI must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language--(A) If,
anytime after disposal of the
delisted waste, OGAI possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a
concentration in the leachate
higher than the specified
delisting concentration, or is in
the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (1),
then OGAI must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data. (B) Based on
the information described in
paragraph (A) and any other
information received from any
source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify OGAI in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing OGAI with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. OGAI shall
have 30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 days OGAI presents no
further information or after a
review of any submitted
information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Oxychem.......... Ingleside, TX.... Wastewater Treatment Biosludge
(EPA Hazardous Waste Number K019,
K020, F025, F001, F003, and F005)
generated at a maximum rate of
7,500 cubic yards per calendar
year after August 23, 2010.
For the exclusion to be valid,
OxyChem must implement a
verification testing program that
meets the following Paragraphs:
(1)(A) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Wastewater treatment biosludge
Leachable Concentrations (mg/l):
Antimony--0.111; Acetone--533;
Arsenic--0.178; Barium--36.9;
Bis(2-ethylhexyl)phthalate--6.15;
Chromium--2.32; Copper--26.5;
Ethylbenzene--11.1; Methylene
Chloride--0.0809; Naphthalene--
0.0355; Nickel--13.8;
Phenanthrene--2.72; Toluene--
15.5; Trichloroethane--11900;
Trichloroethylene--0.0794;
Vanadium--1.00; Zinc--202.
(B) Total Concentration Limits in
mg/Kg: Tetrachlorodibenzo-p-
dioxin (TCDD) 2,3,7,8 Equivalent--
5.23 E-04
(2) Waste Holding and Handling:
[[Page 226]]
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for wastewater
treatment biosludge has occurred
for four consecutive weekly
sampling events.
(B) If constituent levels in any
annual sample and retest sample
taken by OxyChem exceed any of
the delisting levels set in
paragraph (1) for the wastewater
treatment biosludge, OxyChem must
do the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the
wastewater treatment biosludge as
hazardous waste generated under
Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, OxyChem must perform
analytical testing by sampling
and analyzing the wastewater
treatment biosludge as follows:
(A) Initial Verification Testing:
(i) Collect four representative
composite samples of the
wastewater treatment biosludge at
weekly intervals after EPA grants
the final exclusion. The first
composite sample may be taken at
any time after EPA grants the
final approval. Sampling must be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) indicates
that the wastewater treatment
biosludge must continue to be
disposed as hazardous waste in
accordance with the applicable
hazardous waste requirements
until such time that four
consecutive weekly samples
indicate compliance with
delisting levels listed in
paragraph (1).
(iii) Within sixty (60) days after
taking its last weekly sample,
OxyChem will report its
analytical test data to EPA. If
levels of constituents measured
in the samples of the wastewater
treatment biosludge do not exceed
the levels set forth in paragraph
(1) of this exclusion for four
consecutive weeks, OxyChem can
manage and dispose the non-
hazardous wastewater treatment
biosludge according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If OxyChem completes the
weekly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), OxyChem
must begin annual testing as
follows: OxyChem must test a
representative composite sample
of the wastewater treatment
biosludge for all constituents
listed in paragraph (1) at least
once per calendar year. If any
measured constituent
concentration exceeds the
delisting levels set forth in
paragraph (1), OxyChem must
collect an additional
representative composite sample
within 10 days of being made
aware of the exceedence and test
it expeditiously for the
constituent(s) which exceeded
delisting levels in the original
annual sample.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
OxyChem wastewater treatment
biosludge are representative for
all constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of delisted waste in cubic yards
disposed during the calendar
year.
(4) Changes in Operating
Conditions: If OxyChem
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
OxyChem must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals: OxyChem must
submit the information described
below. If OxyChem fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). OxyChem must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U.S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
[[Page 227]]
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener
(A) If, anytime after disposal of
the delisted waste OxyChem
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the annual testing
(and retest, if applicable) of
the waste does not meet the
delisting requirements in
paragraph 1, OxyChem must report
the data, in writing, to the
Division Director within 10 days
of first possessing or being made
aware of that data.
(C) If OxyChem fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
OxyChem must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Phillips 66 Billings, Montana Residual solids from centrifuge
Company, and/or filter press processing of
Billings storm water tank sludge (F037)
Refinery generated at a maximum annual
(formerly rate of 200 cubic yards per year
ConocoPhillips must be disposed in a lined
Billings Subtitle D landfill, licensed,
Refinery). permitted or otherwise authorized
by a state to accept the delisted
processed storm water tank
sludge. The exclusion became
effective March 1, 2012.
For the exclusion to be valid,
Phillips 66 must implement a
verification testing program that
meets the following Paragraphs:
[[Page 228]]
1. Delisting levels: The
constituent concentrations in a
leachate extract of the waste
measured in any sample must not
exceed the following
concentrations (mg/L TCLP):
Acenaphthene-37.9; Antimony-.97;
Anthracene-50; Arsenic-.301;
Barium-100; Benz(a)anthracene-
.25; Benzene-.5; Benzo(a)pyrene-
1.1; Benzo(b)fluoranthene-8.7;
Benzo(k) fluoranthene-50; Bis(2-
ethylhexyl)phthalate -50; 2-
Butanone -50; Cadmium-1.0; Carbon
disulfide-36; Chromium- 5.0;
Chrysene-25.0; Cobalt-.763;
Cyanide(total)-41.2;
Dibenz(a,h)anthrancene-1.16; Di-n-
octyl phthalate-50; 1,4-Dioxane -
36.5; Ethylbenzene-12;
Fluoranthene -8.78; Fluorene-
17.5; Indeno(1,2,3-cd)pyrene-
27.3; Lead-5.0; Mercury-.2; m&p -
Cresol-10.3; Naphthalene-1.17;
Nickel-48.2; o-Cresol-50;
Phenanthrene-50; Phenol-50;
Pyrene-15.9; Selenium -1.0;
Silver-5.0; Tetrachloroethene-
0.7; Toluene-26;Trichloroethene -
.403; Vanadium-12.3; Xylenes
(total)-22; Zinc-500.
2. Verification Testing: To verify
that the waste does not exceed
the specified delisting levels,
Phillips 66 must collect and
analyze two composite samples of
the residual solids from the
processed sludge to account for
potential variability in each
tank. Composite samples must be
collected each time cleanout
occurs and residuals are
generated. Sample collection and
analyses, including quality
control procedures, must be
performed using appropriate
methods. If oil and grease
comprise less than 1 percent of
the waste, SW-846 Method 1311
must be used for generation of
the leachate extract used in the
testing for constituents of
concern listed above. SW-846
Method 1330A must be used for
generation of the leaching
extract if oil and grease
comprise 1 percent or more of the
waste. SW-846 Method 9071B must
be used for determination of oil
and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11. As
applicable, the SW-846 methods
might include Methods 1311, 3010,
3510, 6010, 6020, 7470, 7471,
8260, 8270, 9014, 9034, 9213, and
9215. If leachate concentrations
measured in samples do not exceed
the levels set forth in paragraph
1, Phillips 66 can dispose of the
processed sludge in a lined
Subtitle D landfill which is
permitted, licensed, or
registered by the state of
Montana or other state which is
subject to Federal RCRA
delisting.
If constituent levels in any
sample and any retest sample for
any constituent exceed the
delisting levels set in paragraph
(1) Phillips 66 must do the
following:
(A) Notify the EPA in accordance
with paragraph (5) and; (B)
Manage and dispose of the process
residual solids as F037 hazardous
waste generated under Subtitle C
of RCRA.
3. Changes in Operating
Conditions: Phillips 66 must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change.
Phillips 66 must handle wastes
generated after the process
change as hazardous until it has:
demonstrated that the wastes
continue to meet the delisting
concentrations in paragraph (1);
demonstrated that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced; and it has
received written approval from
the EPA.
4. Data Submittal: Whenever tank
cleanout is conducted Phillips 66
must verify that the residual
solids from the processed storm
water tank sludge meet the
delisting levels in 40 CFR 261
Appendix IX Table 1, as amended
by this notice. Phillips 66 must
submit the verification data to
U.S. EPA Region 8, 1595 Wynkoop
Street, RCRA Delisting Program,
Mail code 8P-HW, Denver, CO
80202. Phillips 66 must compile,
summarize and maintain onsite
records of tank cleanout and
process operating conditions and
analytical data for a period of
five years.
5. Reopener Language: (A) If,
anytime after final approval of
this exclusion, Phillips 66
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
EPA in granting the petition,
then the facility must report the
data, in writing to the EPA at
the address above, within 10 days
of first possessing or being made
aware of that data.
(B) If Phillips 66 fails to submit
the information described in
paragraph (A) or if any other
information is received from any
source, the EPA will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the EPA determines that the
reported information requires the
EPA action, the EPA will notify
the facility in writing of the
actions the agency believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed the EPA action is not
necessary. The facility shall
have 30 days from the date of the
notice to present such
information.
(D) If after 30 days Phillips 66
presents no further information
or after a review of any
submitted information, the EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the EPAs
determination shall become
effective immediately, unless the
EPA provides otherwise.
(E) Notification Requirements:
Phillips 66 must do the following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
[[Page 229]]
(1) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(2) Update the onetime written
notification, if it ships the
delisted waste to a different
disposal facility.
(3) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Philway Products, Ashland, Ohio.... Filter press sludge generated (at
Incorporated. a maximum annual rate of 96 cubic
yards) during the treatment of
electroplating wastewaters using
lime (EPA Hazardous Waste No.
F006). This exclusion was
published on October 26, 1990.
Plastene Supply Portageville, Dewatered wastewater treatment
Company. Missouri. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
August 15, 1986.
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1,000 cubic yards) after
September 19, 1994. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Connecticut.
Failure to maintain the required
records on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Professional Brillion, Wastewater treatment sludges,
Plating, Wisconsin. F019, which are generated at the
Incorporated. Professional Plating,
Incorporated (PPI) Brillion
facility at a maximum annual rate
of 140 cubic yards per year. The
sludge must be disposed of in a
Subtitle D landfill which is
licensed, permitted, or otherwise
authorized by a State to accept
the delisted wastewater treatment
sludge. The exclusion becomes
effective as of March 1, 2010.
1. Delisting Levels: The
constituent concentrations
measured in a leachate extract
may not exceed the following
levels (mg/L): chromium--5,
cobalt--10.4; manganese--815; and
nickel--638.
2. Annual Verification Testing: To
verify that the waste does not
exceed the specified delisting
levels, PPI must collect and
analyze, annually, one waste
sample for the constituents in
Section 1. using methods with
appropriate detection levels and
elements of quality control. SW-
846 Method 1311 must be used for
generation of the leachate
extract used in the testing of
the delisting levels if oil and
grease comprise less than 1% of
the waste. SW-846 Method 1330A
must be used for generation of
the leaching extract if oil and
grease comprise 1% or more of the
waste. SW-846 Method 9071B must
be used for determination of oil
and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
3. Changes in Operating
Conditions: PPI must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. PPI
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the maximum
allowable concentrations in
Section 1. and that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced and it has
received written approval from
EPA.
4. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, PPI possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a
concentration in the waste or
waste leachate higher than the
maximum allowable concentrations
in Section 1. above or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentrations in
Paragraph (e), then PPI must
report such data, in writing, to
the Regional Administrator within
10 days of first possessing or
being made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing PPI with an opportunity
to present information as to why
the proposed Agency action is not
necessary or to suggest an
alternative action. PPI shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days PPI presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
[[Page 230]]
(e) Maximum allowable groundwater
concentrations (mg/L) are as
follows: chromium--0.1; cobalt--
0.0113; manganese--0.9; and
nickel--0.75.
Reynolds Metals Sheffield, AL.... Dewatered wastewater treatment
Company. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Reynolds Metals Sheffield, AL.... Wastewater treatment filter press
Company. sludge (EPA Hazardous Waste No.
F019) generated (at a maximum
annual rate of 3,840 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on July
17, 1990.
Rhodia........... Houston,Texas.... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. D001-D43, F001-F012,
F019, F024, F025, F032, F034,
F037-F039) generated at Rhodia.
Rhodia must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (mg/l). For the
filter-cake constituents must be
measured in the waste leachate by
the method specified in 40 CFR
261.24.
(A) Filter-cake Sludge
(i) Inorganic Constituents:
Antimony-1.15; Arsenic-1.40;
Barium-21.00; Beryllium-1.22;
Cadmium-0.11; Cobalt-189.00;
Copper-90.00; Chromium-0.60; Lead-
0.75; Mercury-0.025; Nickel-9.00;
Selenium-4.50; Silver-0.14;
Thallium-0.20; Vanadium-1.60;
Zinc-4.30
(ii) Organic Constituents:
Chlorobenzene-Non Detect; Carbon
Tetrachloride-Non Detect; Acetone-
360; Chloroform-0.9
(2) Waste Holding and Handling:
Rhodia must store in accordance
with its RCRA permit, or continue
to dispose of as hazardous waste
all Filter-cake Sludge until the
verification testing described in
Condition (3)(A), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Filter-cake Sludge
do not exceed the levels set
forth in Condition (1), then the
waste is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations.
(3) Verification Testing
Requirements: Rhodia must perform
sample collection and analyses,
including quality control
procedures, using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the process to be
effective under the operating
conditions used during the
initial verification testing,
Rhodia may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Rhodia must continue to
test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
At quarterly intervals for one
year after the final exclusion is
granted, Rhodia must collect and
analyze composites of the filter-
cake sludge. From Paragraph 1
TCLP must be run on all waste and
any constituents for which total
concentrations have been
identified. Rhodia must conduct a
multiple pH leaching procedure on
samples collected during the
quarterly intervals. Rhodia must
perform the TCLP procedure using
distilled water and three
different pH extraction fluids to
simulate disposal under three
conditions. Simulate an acidic
landfill environment, basic
landfill environment and a
landfill environment similar to
the pH of the waste. Rhodia must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the generation of the
waste.
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Rhodia
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after the final exclusion).
(4) Changes in Operating
Conditions: If Rhodia
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), or its
NPDES permit is changed, revoked
or not reissued, Rhodia must
notify the EPA in writing and may
no longer handle the waste
generated from the new process or
no longer discharge as
nonhazardous until the waste meet
the delisting levels set in
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: Rhodia must
submit the information described
below. If Rhodia fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. Rhodia must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
[[Page 231]]
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
(i) Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
(ii) As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
(iii) If any of this information
is determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(A) If, anytime after disposal of
the delisted waste, Rhodia
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
Rhodia must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Rhodia fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Rhodia must do following before
transporting the delisted waste:
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Saturn Spring Hill, Dewatered wastewater treatment
Corporation. Tennessee. plant (WWTP) sludge (EPA
Hazardous Waste No. F019)
generated at a maximum rate of
3,000 cubic yards per calendar
year. The sludge must be disposed
in a lined, Subtitle D landfill
with leachate collection that is
licensed, permitted, or otherwise
authorized to accept the delisted
WWTP sludge in accordance with 40
CFR part 258. The exclusion
becomes effective on December 23,
2005.
For the exclusion to be valid,
Saturn must implement a
verification testing program that
meets the following conditions:
[[Page 232]]
1. Delisting Levels: The
constituent concentrations in an
extract of the waste must not
exceed the following maximum
allowable concentrations in mg/l:
antimony--0.494; arsenic--0.224;
total chromium--3.71; lead--5.0;
nickel--68; thallium--0.211; and
zinc--673. Sample collection and
analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
Saturn's sludge meet the
delisting levels in this
condition.
2. Waste Holding and Handling:
(a) Saturn must accumulate the
hazardous waste dewatered WWTP
sludge in accordance with the
applicable regulations of 40 CFR
262.34 and continue to dispose of
the dewatered WWTP sludge as
hazardous waste until the results
of the first quarterly
verification testing are
available.
(b) After the first quarterly
verification sampling event
described in Condition (3) has
been completed and the laboratory
data demonstrates that no
constituent is present in the
sample at a level which exceeds
the delisting levels set in
Condition (1), Saturn can manage
and dispose of the dewatered WWTP
sludge as nonhazardous according
to all applicable solid waste
regulations.
(c) If constituent levels in any
sample taken by Saturn exceed any
of the delisting levels set in
Condition (1), Saturn must do the
following:
(i) Notify EPA in accordance with
Condition (7) and
(ii) Manage and dispose the
dewatered WWTP sludge as
hazardous waste generated under
Subtitle C of RCRA.
3. Quarterly Testing Requirements:
Upon this exclusion becoming
final, Saturn may perform
quarterly analytical testing by
sampling and analyzing the
dewatered WWTP sludge as follows:
(i) Collect one representative
composite sample (consisting of
four grab samples) of the
hazardous waste dewatered WWTP
sludge at any time after EPA
grants the final delisting. In
addition, collect the second,
third, and fourth quarterly
samples at approximately ninety
(90)-day intervals after EPA
grants the final exclusion.
(ii) Analyze the samples for all
constituents listed in Condition
(1). Any roll-offs from which the
composite sample is taken
exceeding the delisting levels
listed in Condition (1) must be
disposed as hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45) days
after taking its first quarterly
sample, Saturn will report its
first quarterly analytical test
data to EPA and will include the
certification statement required
in condition (6). If levels of
constituents measured in the
sample of the dewatered WWTP
sludge do not exceed the levels
set forth in Condition (1) of
this exclusion, Saturn can manage
and dispose the nonhazardous
dewatered WWTP sludge according
to all applicable solid waste
regulations.
4. Annual Verification Testing:
(i) If Saturn completes the
quarterly testing specified in
Condition (3) above, and no
sample contains a constituent
with a level which exceeds the
limits set forth in Condition
(1), Saturn may begin annual
verification testing on an annual
basis. Saturn must collect and
analyze one sample of the WWTP
sludge on an annual basis as
follows: Saturn must test one
representative composite sample
of the dewatered WWTP sludge for
all constituents listed in
Condition (1) at least once per
calendar year.
(ii) The sample collected for
annual verification testing shall
be a representative composite
sample consisting of four grab
samples that will be collected in
accordance with the appropriate
methods described in Condition
(1).
(iii) The sample for the annual
testing for the second and
subsequent annual testing events
shall be collected within the
same calendar month as the first
annual verification sample.
Saturn will report the results of
the annual verification testing
to EPA on an annual basis and
will include the certification
statement required by Condition
(6).
5. Changes in Operating
Conditions: Saturn must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify Saturn in writing
that Saturn's sludge must be
managed as hazardous waste F019
until Saturn has demonstrated
that the wastes meet the
delisting levels set forth in
Condition (1) and any levels
established by EPA for the
additional constituents of
concern, and Saturn has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Saturn, in writing, that
Saturn must verify that Saturn's
sludge continues to meet
Condition (1) delisting levels.
[[Page 233]]
6. Data Submittals: Saturn must
submit data obtained through
verification testing at Saturn or
as required by other conditions
of this rule to: Chief, North
Section, RCRA Enforcement and
Compliance Branch, Waste
Management Division, U.S.
Environmental Protection Agency
Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth Street
SW., Atlanta, Georgia 30303. If
Saturn fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to re-open the
exclusion as described in
Condition (7). Saturn must:
(A) Submit the data obtained
through Condition (3) within the
time specified. The quarterly
verification data must be
submitted to EPA in accordance
with Condition (3). The annual
verification data and
certification statement of proper
disposal must be submitted to EPA
annually upon the anniversary of
the effective date of this
exclusion. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
(B) Compile, Summarize, and
Maintain Records: Saturn must
compile, summarize, and maintain
at Saturn records of operating
conditions and analytical data
records of analytical data from
Condition (3), summarized, and
maintained on-site for a minimum
of five years. Saturn must
furnish these records and data
when either the EPA or the State
of Tennessee requests them for
inspection.
(C) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted: ``I
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 getting the
information, I believe that the
submitted information is true,
accurate, and complete. I am
aware that there are significant
penalties for sending false
information, including the
possibility of fine and
imprisonment.''
7. Reopener.
(A) If, at any time after disposal
of the delisted waste, Saturn
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted WWTP
sludge at Saturn indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level or TCLP
regulatory level, then Saturn
must report the data, in writing,
to the Regional Administrator
within ten (10) days of first
possessing or being made aware of
that data.
(B) Based upon the information
described in Paragraph (A) and
any other information received
from any source, the EPA Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require EPA
action, the Regional
Administrator will notify Saturn
in writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notification shall include a
statement of the proposed action
and a statement providing Saturn
with an opportunity to present
information as to why the
proposed EPA action is not
necessary. Saturn shall have ten
(10) days from the date of the
Regional Administrator's notice
to present the information.
(D) Following the receipt of
information from Saturn, or if
Saturn presents no further
information after 10 days, the
Regional Administrator will issue
a final written determination
describing the EPA actions that
are necessary to protect human
health or the environment. Any
required action described in the
Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
8. Notification Requirements:
Before transporting the delisted
waste, Saturn must provide a one-
time written notification to any
State Regulatory Agency to which
or through which it will
transport the delisted WWTP
sludge for disposal. The
notification will be updated if
Saturn transports the delisted
WWTP sludge to a different
disposal facility. Failure to
provide this notification will
result in a violation of the
delisting variance and a possible
revocation of the decision.
[[Page 234]]
Savannah River Aiken, South Vitrified waste (EPA Hazardous
Site (SRS). Carolina. Waste Nos. F006 and F028) that
the United States Department of
Energy Savannah River Operations
Office (DOE-SR) generated by
treating the following waste
streams from the M-Area of the
Savannah River Site (SRS) in
Aiken, South Carolina, as
designated in the SRS Site
Treatment Plan: W-004, Plating
Line Sludge from Supernate
Treatment; W-995, Mark 15 Filter
Cake; W-029, Sludge Treatability
Samples (glass and cementitious);
W-031, Uranium/Chromium Solution;
W-037, High Nickel Plating Line
Sludge; W-038, Plating Line Sump
Material; W-039, Nickel Plating
Line Solution; W-048, Soils from
Spill Remediation and Sampling
Programs; W-054, Uranium/Lead
Solution; W-082, Soils from
Chemicals, Metals, and Pesticides
Pits Excavation; and Dilute
Effluent Treatment Facility
(DETF) Filtercake (no Site
Treatment Plan code). This is a
one-time exclusion for 538 cubic
yards of waste (hereinafter
referred to as ``DOE-SR Vitrified
Waste'') that was generated from
1996 through 1999 and 0.12 cubic
yard of cementitious treatability
samples (hereinafter referred to
as ``CTS'') generated from 1988
through 1991 (EPA Hazardous Waste
No. F006). The one-time exclusion
for these wastes is contingent on
their being disposed in a low-
level radioactive waste landfill,
in accordance with the Atomic
Energy Act, after [insert date of
final rule.] DOE-SR has
demonstrated that concentrations
of toxic constituents in the DOE-
SR Vitrified Waste and CTS do not
exceed the following levels:
(1) TCLP Concentrations: All
leachable concentrations for
these metals did not exceed
the Land Disposal Restrictions
(LDR) Universal Treatment
Standards (UTS): (mg/l TCLP):
Arsenic--5.0; Barium--21;
Beryllium--1.22; Cadmium--
0.11; Chromium--0.60; Lead--
0.75; Nickel--11; and Silver--
0.14. In addition, none of the
metals in the DOE-SR Vitrified
Waste exceeded the allowable
delisting levels of the EPA,
Region 6 Delisting Risk
Assessment Software (DRAS):
(mg/l TCLP): Arsenic--0.0649;
Barium--100.0; Beryllium--
0.40; Cadmium--1.0; Chromium--
5.0; Lead--5.0; Nickel--10.0;
and Silver--5.0. These metal
concentrations were measured
in the waste leachate obtained
by the method specified in 40
CFR 261.24.
Total Concentrations in
Unextracted Waste: The total
concentrations in the DOE-SR
Vitrified Waste, not the waste
leachate, did not exceed the
following levels (mg/kg):
Arsenic--10; Barium--200;
Beryllium--10; Cadmium--10;
Chromium--500; Lead--200;
Nickel--10,000; Silver--20;
Acetonitrile--1.0, which is
below the LDR UTS of 38 mg/kg;
and Fluoride--1.0
(2) Data Records: Records of
analytical data for the
petitioned waste must be
maintained by DOE-SR for a
minimum of three years, and
must be furnished upon request
by EPA or the State of South
Carolina, and made available
for inspection. Failure to
maintain the required records
for the specified time will be
considered by EPA, at its
discretion, sufficient basis
to revoke the exclusion to the
extent directed by EPA. All
data must be maintained with a
signed copy of the
certification statement in 40
CFR 260.22(i)(12).
(3) Reopener Language: (A) If,
at any time after disposal of
the delisted waste, DOE-SR
possesses or is otherwise made
aware of any environmental
data (including but not
limited to leachate data or
groundwater monitoring data)
or any other data relevant to
the delisted waste indicating
that any constituent is
identified at a level higher
than the delisting level
allowed by EPA in granting the
petition, DOE-SR must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware
of that data. (B) Based on the
information described in
paragraph (3)(A) and any other
information received from any
source, EPA will make a
preliminary determination as
to whether the reported
information requires that EPA
take action to protect human
health or the environment.
Further action may include
suspending or revoking the
exclusion, or other
appropriate response necessary
to protect human health and
the environment. (C) If EPA
determines that the reported
information does require
Agency action, EPA will notify
the facility in writing of the
action believed necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a
statement providing DOE-SR
with an opportunity to present
information as to why the
proposed action is not
necessary. DOE-SR shall have
10 days from the date of EPA's
notice to present such
information.(E) Following the
receipt of information from
DOE-SR, as described in
paragraph (3)(D), or if no
such information is received
within 10 days, EPA will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the
environment, given the
information received in
accordance with paragraphs
(3)(A) or (3)(B). Any required
action described in EPA's
determination shall become
effective immediately, unless
EPA provides otherwise.
(4) Notification Requirements:
DOE-SR must provide a one-time
written notification to any
State Regulatory Agency in a
State to which or through
which the delisted waste
described above will be
transported, at least 60 days
prior to the commencement of
such activities. Failure to
provide such a notification
will result in a violation of
the delisting conditions and a
possible revocation of the
decision to delist.
Siegel-Robert, St. Louis, MO.... Wastewater treatment sludge (EPA
Inc.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
[[Page 235]]
Shell Oil Company Deer Park, TX.... North Pond Sludge (EPA Hazardous
Waste No. F037) generated one
time at a volume of 15,000 cubic
yards August 23, 2005 and
disposed in a Subtitle D
landfill. This is a one time
exclusion and applies to 15,000
cubic yards of North Pond Sludge.
(1) Reopener:
(A) If, anytime after disposal of
the delisted waste, Shell
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If Shell fails to submit the
information described in
paragraph (A) or if any other
information is received from any
source, the Division Director
will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health or
the environment. Further action
may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(C) If the Division Director
determines that the reported
information does require EPA
action, the Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(D) Following the receipt of
information from the facility
described in paragraph (C) or if
no information is presented under
paragraph (C), the Division
Director will issue a final
written determination describing
the actions that are necessary to
protect human health or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(2) Notification Requirements:
Shell must do the following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
regulatory agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification, if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Shell Oil Company Deer Park, TX.... Multi-source landfill leachate
(EPA Hazardous Waste No. F039)
generated at a maximum annual
rate of 3.36 million gallons
(16,619 cu. yards) per calendar
year after August 23, 2005 and
disposed in accordance with the
TPDES permit.
The delisting levels set do not
relieve Shell Oil Company of its
duty to comply with the limits
set in its TPDES permit. For the
exclusion to be valid, Shell Oil
Company must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All total
concentrations for those
constituents must not exceed the
following levels (mg/l). The
petitioner must analyze the
aqueous waste on a total basis to
measure constituents in the multi-
source landfill leachate.
Multi-source landfill leachate (i)
Inorganic Constituents Antimony-
0.0204; Arsenic-0.385; Barium-
2.92; Copper-418.00; Chromium-
5.0; Cobalt-2.25; Nickel-1.13;
Selenium-0.0863; Thallium-0.005;
Vanadium-0.838
(ii) Organic Constituents Acetone-
1.46; Acetophenone-1.58; Benzene-
0.0222; p-Cresol-0.0788; Bis(2-
ethylhexyl)phthlate-15800.00;
Dichloroethane, 1,2-0.0803;
Ethylbenzene-4.51; Fluorene-1.87;
Napthalene-1.05; Phenol-9.46;
Phenanthrene-1.36; Pyridine-
0.0146; 2,3,7,8-TCDD equivalents
as TEQ-0.0000926; Toluene-4.43;
Trichloropropane-0.000574;
Xylenes (total)-97.60
(2) Waste Management:
(A) Shell Oil Company must manage
as hazardous all multi-source
landfill leachate generated,
until it has completed initial
verification testing described in
paragraph (3)(A) and (B), as
appropriate, and valid analyses
show that paragraph (1) is
satisfied.
(B) Levels of constituents
measured in the samples of the
multi-source landfill leachate
that do not exceed the levels set
forth in paragraph (1) are non-
hazardous. Shell Oil Company can
manage and dispose of the non-
hazardous multi-source landfill
leachate according to all
applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in paragraph
(1), Shell Oil Company can
collect one additional sample and
perform expedited analyses to
verify if the constituent exceeds
the delisting level. If this
sample confirms the exceedance,
Shell Oil Company must, from that
point forward, treat the waste as
hazardous until it is
demonstrated that the waste again
meets the levels in paragraph
(1).
(D) If the facility has not
treated the waste, Shell Oil
Company must manage and dispose
of the waste generated under
Subtitle C of RCRA from the time
that it becomes aware of any
exceedance.
[[Page 236]]
(E) Upon completion of the
Verification Testing described in
paragraph 3(A) and (B) as
appropriate and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of paragraph (1),
Shell Oil Company may proceed to
manage its multi-source landfill
leachate as non-hazardous waste.
If Subsequent Verification
Testing indicates an exceedance
of the delisting levels in
paragraph (1), Shell Oil Company
must manage the multi-source
landfill leachate as a hazardous
waste until two consecutive
quarterly testing samples show
levels below the delisting levels
in Table I.
(3) Verification Testing
Requirements: Shell Oil Company
must perform sample collection
and analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods used must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives demonstrate
that representative samples of
the Shell-Deer Park multi-source
landfill leachate are collected
and meet the delisting levels in
paragraph (1).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, Shell Oil Company must
do the following:
(i) Within 60 days of this
exclusions becoming final,
collect four samples, before
disposal, of the multi-source
landfill leachate.
(ii) The samples are to be
analyzed and compared against the
delisting levels in paragraph
(1).
(iii) Within sixty (60) days after
this exclusion becomes final,
Shell Oil Company will report
initial verification analytical
test data for the multi-source
landfill leachate, including
analytical quality control
information for the first thirty
(30) days of operation after this
exclusion becomes final. If
levels of constituents measured
in the samples of the multi-
source landfill leachate that do
not exceed the levels set forth
in paragraph (1) are also non-
hazardous in two consecutive
quarters after the first thirty
(30) days of operation after this
exclusion become effective, Shell
Oil Company can manage and
dispose of the multi-source
landfill leachate according to
all applicable solid waste
regulations.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Shell Oil
Company may substitute the
testing conditions in (3)(B) for
(3)(A). Shell Oil Company must
continue to monitor operating
conditions, and analyze one
representative sample of the
multi-source landfill leachate
for each quarter of operation
during the first year of waste
generation. The sample must
represent the waste generated
during the quarter. After the
first year of analytical sampling
verification sampling can be
performed on a single annual
sample of the multi-source
landfill leachate. The results
are to be compared to the
delisting levels in paragraph
(1).
(C) Termination of Testing:
(i) After the first year of
quarterly testing, if the
delisting levels in paragraph (1)
are being met, Shell Oil Company
may then request that EPA not
require quarterly testing. After
EPA notifies Shell Oil Company in
writing, the company may end
quarterly testing.
(ii) Following cancellation of the
quarterly testing, Shell Oil
Company must continue to test a
representative sample for all
constituents listed in paragraph
(1) annually.
(4) Changes in Operating
Conditions: If Shell Oil Company
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could significantly affect the
composition or type of waste
generated as established under
paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing; it
may no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: Shell Oil
Company must submit the
information described below. If
Shell Oil Company fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph 6. Shell Oil Company
must:
(A) Submit the data obtained
through paragraph 3 to the
Section Chief, Region 6
Corrective Action and Waste
Minimization Section, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-C) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the state of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
[[Page 237]]
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste, Shell Oil
Company possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in paragraph 1,
Shell Oil Company must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of
that data.
(C) If Shell Oil Company fails to
submit the information described
in paragraphs (5),(6)(A) or
(6)(B) or if any other
information is received from any
source, the Division Director
will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information does require action,
he will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed action by EPA is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
if no information is presented
under paragraph (6)(D), the
Division Director will issue a
final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in the
Division Director's determination
shall become effective
immediately, unless the Division
Director provides otherwise.
(7) Notification Requirements:
Shell Oil Company must do the
following before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
regulatory agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
exclusion and a possible
revocation of the decision.
Southeastern Suffolk, Virginia Combustion ash generated from the
Public Service burning of spent solvent methyl
Authority (SPSA) ethyl ketone (Hazardous Waste
and Onyx Number F005) and disposed in a
Environmental Subtitle D landfill. This is a
Service (Onyx). one-time exclusion for 1410 cubic
yards of ash and is effective
after September 11, 2003.
(1) Reopener Language (a) If SPSA
and/or Onyx discovers that any
condition or assumption related
to the characterization of the
excluded waste which was used in
the evaluation of the petition or
that was predicted through
modeling is not as reported in
the petition, then SPSA and/or
Onyx must report any information
relevant to that condition or
assumption, in writing, to the
Regional Administrator and the
Virginia Department of
Environmental Quality within 10
calendar days of discovering that
information.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator will determine
whether the reported condition
requires further action. Further
action may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment.
(2) Notification Requirements In
the event that the delisted waste
is transported off-site for
disposal, SPSA/Onyx must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported at least
sixty (60) calendar days prior to
the commencement of such
activities. Failure to provide
such notification will be deemed
to be a violation of this
exclusion and may result in
revocation of the decision and
other enforcement action.
[[Page 238]]
Square D Company. Oxford, Ohio..... Dewatered filter press sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Syntex Springfield, MO.. Kiln ash, cyclone ash, separator
Agribusiness. sludge, and filtered wastewater
(except spent activiated carbon)
(EPA Hazardous Waste No. F020
generated during the treatment of
wastewater treatment sludge by
the EPA's Mobile Incineration
System at the Denney Farm Site in
McDowell, Missouri after June 2,
1988, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Syntex must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (6), regardless of
whether or not the demonstration
in Condition (7) has been made.
(2) Four grab samples of
wastewater must be composited
from the volume of filtered
wastewater collected after each
eight hour run and, prior to
disposal the composite samples
must be analyzed for the EP toxic
metals, nickel, and cyanide. If
arsenic, chromium, lead, and
silver EP leachate test results
exceed 0.61 ppm; barium levels
exceed 12 ppm; cadmium and
selenium levels exceed 0.12 ppm;
mercury levels exceed 0.02 ppm;
nickel levels exceed 6.1 ppm; or
cyanide levels exceed 2.4 ppm,
the wastewater must be retreated
to achieve these levels or must
be disposed in accordance with
all applicable hazardous waste
regulations. Analyses must be
performed using appropriate
methods. As applicable to the
method- defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(3) One grab sample must be taken
from each drum of kiln and
cyclone ash generated during each
eight-hour run; all grabs
collected during a given eight-
hour run must then be composited
to form one composite sample. A
composite sample of four grab
samples of the separator sludge
must be collected at the end of
each eight-hour run. Prior to the
disposal of the residues from
each eight-hour run, an EP
leachate test must be performed
on these composite samples and
the leachate analyzed for the EP
toxic metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
extraction) to demonstrate that
the following maximum allowable
treatment residue concentrations
listed below are not exceeded.
Analyses must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Any residues which exceed
any of the levels listed below
must be retreated to achieve
these levels or must be disposed
in accordance with all applicable
hazardous waste regulations.
Maximum Allowable Solids Treatment
Residue EP Leachate
Concentrations (mg/L)
Arsenic--1.6, Barium--32, Cadmium--
0.32, Chromium--1.6, Lead--1.6,
Mercury--0.065, Nickel--16,
Selenium--0.32, Silver--1.6,
Cyanide--6.5.
(4) If Syntex stabilizes any of
the kiln and cyclone ash or
separator sludge, a Portland
cement-type stabilization process
must be used and Syntex must
collect a composite sample of
four grab samples from each batch
of stabilized waste. An MEP
leachate test must be performed
on these composite samples and
the leachate analyzed for the EP
toxic metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
leachate analysis) to demonstrate
that the maximum allowable
treatment residue concentrations
listed in condition (3) are not
exceeded during any run of the
MEP extraction. Analyses must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C 9045D, 9060A,
9070A (uses EPA Method 1664, Rev.
A), 9071B, and 9095B. Any
residues which exceed any of the
levels listed in Condition (3)
must be retreated to achieve
these levels or must be disposed
in accordance with all applicable
hazardous waste regulations. (If
the residues are stabilized, the
analyses required in this
condition supercede the analyses
required in Condition (3).)
[[Page 239]]
(5) Syntex must generate, prior to
disposal of residues,
verification data from each eight
hour run from each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Conditions (2) and (3). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Any solid or liquid
residues which exceed any of the
levels listed below must be
retreated to achieve these levels
or must be disposed in accordance
with Subtitle C of RCRA. Maximum
Allowable Wastewater
Concentrations (ppm):
Benz(a)anthracene--1 x 10-4,
Benzo(a)pyrene--4 x 10 -5,
Benzo(b)fluoranthene--2 x 10 -4,
Chloroform--0.07, Chrysene--
0.002, Dibenz(a,h)anthracene--9 x
10-6, 1,2-Dichloroethane--0.06,
Dichloromethane--0.06,
Indeno(1,2,3-cd)pyrene--0.002,
Polychlorinated biphenyls--1 x 10-
4, 1,2,4,5-Tetrachlorobenzene--
0.13, 2,3,4,6-Tetrachlorophenol--
12, Toluene--120,
Trichloroethylene--0.04, 2,4,5-
Trichlorophenol--49, 2,4,6-
Trichlorophenol--0.02, Maximum
Allowable Solid Treatment
Residue.
Concentrations (ppm);
Benz(a)anthracene--1.1,
Benzo(a)pyrene--0.43,
benzo(b)fluoranthene--1.8,
Chloroform--5.4, Chrysene--170,
Dibenz(a,h)anthracene--0.083,
Dichloromethane--2.4, 1,2-
Dichloroethane--4.1, Indeno(1,2,3-
cd)pyrene--330, Polychlorinated
biphenyls--0.31, 1,2,4,5-
Tetrachlorobenzene--720,
Trichloroethylene--6.6, 2,4,6-
Trichlorophenol--3.9.
(6) Syntex must generate, prior to
disposal of residues,
verification data from each eight-
hour run for each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Conditions (2) and (3). The TCDD
equivalent levels for wastewaters
must be less than 2 ppq and less
than 5 ppt for the solid
treatment residues. Any residues
with detected dioxins or furans
in excess of these levels must be
retreated or must be disposed as
acutely hazardous. For this
analysis, Syntex must use
appropriate methods. For tetra-
and pentachloronated dioxin and
furan homologs, the maximum
practical quantitation limit must
not exceed 15 ppt for solids and
120 ppq for wastewaters. For
hexachlorinated homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
solids and 300 ppq for
wastewaters.
(7)(A) The test data from
Conditions (1), (2), (3), (4),
(5) and (6) must be kept on file
by Syntex for inspection purposes
and must be compiled, summarized,
and submitted to the Section
Chief, Variances Section, PSPD/
OSW (WH-563), US EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 by certified
mail on a monthly basis and when
the treatment of the lagoon
sludge is concluded. All data
submitted will be placed in the
RCRA docket.
(B) The testing requirements for
Conditions (2), (3), (4), (5),
and (6) will continue until
Syntex provides the Section
Chief, Variances Section, with
the results of four consecutive
batch analyses for the petitioned
wastes, none of which exceed the
maximum allowable treatment
residue concentrations listed in
these conditions and the Section
Chief, Variances Section,
notifies Syntex that the
conditions have been lifted.
(8) Syntex must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, I
certify that the information
contained in or accompanying this
document is true, accurate, and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete.''
SR of Tennessee.. Ripley, TN....... Dewatered wastewater treatment
sludges (EPA Hazardous Waste No.
F006) generated from the copper,
nickel, and chromium
electroplating of plastic parts
after November 17, 1986.
Tenneco Paragould, AR.... Stabilized sludge from
Automotive. electroplating operations,
excavated from the Finch Road
Landfill and currently stored in
containment cells by Tenneco (EPA
Hazardous Waste Nos. F006). This
is a one-time exclusion for 1,800
cubic yards of stabilized sludge
when it is disposed of in a
Subtitle D landfill. This
exclusion was published on August
9, 2001.
(1) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Tenneco
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
[[Page 240]]
(B) If Tenneco fails to submit the
information described in (2)(A)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
or his delegate determines the
reported information does require
Agency action, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(D) Following the receipt of
information from the facility
described in (1)(C) or (if no
information is presented under
(1)(C)) the initial receipt of
information described in (1)(A),
the Regional Administrator or his
delegate will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(2) Notification Requirements:
Tenneco must do following before
transporting the delisted waste
off-site: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the exclusion.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if Tenneco ships the
delisted waste to a different
disposal facility.
Tennessee Ripley, Tennessee Dewatered wastewater treatment
Electroplating. sludges (EPA Hazardous Waste Nos.
F006) generated from
electroplating operations after
November 17, 1986. To ensure
chromium levels do not exceed the
regulatory standards there must
be continuous batch testing of
the filter press sludge for
chromium for 45 days after the
exclusion is granted. Each batch
of treatment residue must be
representatively sampled and
tested using the EP toxicity test
for chromium. This data must be
kept on file at the facility for
inspection purposes. If the
extract levels exceed 0.922 ppm
of chromium the waste must be
managed and disposed of as
hazardous. If these conditions
are not met, the exclusion does
not apply. This exclusion does
not apply to sludges in any on-
site impoundments as of this
date.
Tennessee Ripley, TN....... Wastewater treatment sludge (EPA
Electroplating. Hazardous Waste No. F006)
generated from electroplating
operations and contained in an on-
site surface impoundment (maximum
volume of 6,300 cubic yards).
This is a one-time exclusion.
This exclusion was published on
April 8, 1991.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. D001,
D003, D018, D019, D021, D022,
D027, D028, D029, D030, D032,
D033, D034, D035, D036, D038,
D039, D040, F001, F002, F003,
F005, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets the following
conditions for the petition to be
valid:
1. Delisting Levels: All leachable
concentrations for those metals
must not exceed the following
levels (mg/l). Metal
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24.
(A) Inorganic Constituents
Antimony--0.27; Arsenic--2.25;
Barium--90.0; Beryllium--0.0009;
Cadmium--0.225; Chromium--4.5;
Cobalt--94.5; Copper--58.5; Lead--
0.675; Mercury--0.045; Nickel--
4.5; Selenium--1.0; Silver--5.0;
Thallium--0.135; Tin--945.0;
Vanadium--13.5; Zinc--450.0
(B) Organic Constituents
Acenaphthene--90.0; Acetone--
180.0; Benzene--0.135;
Benzo(a)anthracene--0.00347;
Benzo(a)pyrene--0.00045; Benzo(b)
fluoranthene--0.00320; Bis(2
ethylhexyl) phthalate--0.27;
Butylbenzyl phthalate--315.0;
Chloroform--0.45; Chlorobenzene--
31.5; Carbon Disulfide--180.0;
Chrysene--0.1215; 1,2-
Dichlorobenzene--135.0; 1,4-
Dichlorobenzene--0.18; Di-n-butyl
phthalate--180.0; Di-n-octyl
phthalate--35.0; 1,4 Dioxane--
0.36; Ethyl Acetate--1350.0;
Ethyl Ether--315.0; Ethylbenzene--
180.0; Flouranthene--45.0;
Fluorene--45.0; 1-Butanol--180.0;
Methyl Ethyl Ketone--200.0;
Methylene Chloride--0.45; Methyl
Isobutyl Ketone--90.0;
Naphthalene--45.0; Pyrene--45.0;
Toluene--315.0; Xylenes--3150.0
[[Page 241]]
2. Waste Holding and Handling:
Texas Eastman must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous all FBI ash generated
until the Initial and Subsequent
Verification Testing described in
Paragraph 4 and 5 below is
completed and valid analyses
demonstrate that all Verification
Testing Conditions are satisfied.
After completion of Initial and
Subsequent Verification Testing,
if the levels of constituents
measured in the samples of the
FBI ash do not exceed the levels
set forth in Paragraph 1 above,
and written notification is given
by EPA, then the waste is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations.
3. Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the incineration
process to be effective under the
operating conditions used during
the initial verification testing
described in Condition (4) Texas
Eastman may replace the testing
required in Condition (4) with
the testing required in Condition
(5) below. Texas Eastman must,
however, continue to test as
specified in Condition (4) until
notified by EPA in writing that
testing in Condition (4) may be
replaced by the testing described
in Condition (5).
4. Initial Verification Testing:
During the first 40 operating
days of the FBI incinerator after
the final exclusion is granted,
Texas Eastman must collect and
analyze daily composites of the
FBI ash. Daily composites must be
composed of representative grab
samples collected every 6 hours
during each 24-hour FBI operating
cycle. The FBI ash must be
analyzed, prior to disposal of
the ash, for all constituents
listed in Paragraph 1. Texas
Eastman must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after receipt of the
validated analytical results.
5. Subsequent Verification
Testing: Following the completion
of the Initial Verification
Testing, Texas Eastman may
request to monitor operating
conditions and analyze samples
representative of each quarter of
operation during the first year
of ash generation. The samples
must represent the untreated ash
generated over one quarter.
Following written notification
from EPA, Texas Eastman may begin
the quarterly testing described
in this Paragraph.
6. Termination of Organic Testing:
Texas Eastman must continue
testing as required under
Paragraph 5 for organic
constituents specified in
Paragraph 1 until the analyses
submitted under Paragraph 5 show
a minimum of two consecutive
quarterly samples below the
delisting levels in Paragraph 1.
Texas Eastman may then request
that quarterly organic testing be
terminated. After EPA notifies
Texas Eastman in writing it may
terminate quarterly organic
testing.
7. Annual Testing: Following
termination of quarterly testing
under either Paragraphs 5 or 6,
Texas Eastman must continue to
test a representative composite
sample for all constituents
listed in Paragraph 1 (including
organics) on an annual basis (no
later than twelve months after
the date that the final exclusion
is effective).
8. Changes in Operating
Conditions: If Texas Eastman
significantly changes the
incineration process described in
its petition or implements any
new manufacturing or production
process(es) which generate(s) the
ash and which may or could affect
the composition or type of waste
generated established under
Paragraph 3 (by illustration {but
not limitation{time} , use of
stabilization reagents or
operating conditions of the
fluidized bed incinerator), Texas
Eastman must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process as non-hazardous until
the wastes meet the delisting
levels set in Paragraph 1 and it
has received written approval to
do so from EPA.
9. Data Submittals: The data
obtained through Paragraph 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Paragraph 3 must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 USC 1001 and 42
USC 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
[[Page 242]]
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
10. Notification Requirements:
Texas Eastman must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Tokusen, USA Inc. Conway, AR....... Wastewater Treatment Sludge (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 2,000 cubic yards per
calendar year after August 23,
2010 will be disposed in Subtitle
D landfill.
For the exclusion to be valid,
Tokusen must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels (mg/l
for TCLP).
(A) Inorganic Constituents;
Antimony-0.4; Arsenic-1.59;
Barium-100; Chromium-5.0; Cobalt-
0.8; Copper-91.3; Lead-2.32;
Nickel-50.5; Selenium-1.0; Zinc-
748.
(B) Organic Constituents: Acetone-
1950.
(2) Waste Management:
(A) Tokusen must manage as
hazardous all WWTP sludge
generated, until it has completed
initial verification testing
described in paragraph (3)(A) and
(B), as appropriate, and valid
analyses show that paragraph (1)
is satisfied and approval is
received by EPA.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed
the levels set forth in paragraph
(1) are non-hazardous. Tokusen
can manage and dispose of the non-
hazardous WWTP sludge according
to all applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the
Delisting Levels set in paragraph
(1), Tokusen can collect one
additional sample and perform
expedited analyses to verify if
the constituent exceeds the
delisting level.
If this sample confirms the
exceedance, Tokusen must, from
that point forward, treat all the
waste covered by this exclusion
as hazardous until it is
demonstrated that the waste again
meets the levels in paragraph
(1). Tokusen must manage and
dispose of the waste generated
under Subtitle C of RCRA when it
becomes aware of any exceedance.
(D) Upon completion of the
verification testing described in
paragraph 3(A) and (B) as
appropriate and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of paragraph (1),
Tokusen may proceed to manage its
WWTP sludge as non-hazardous
waste. If subsequent verification
testing indicates an exceedance
of the Delisting Levels in
paragraph (1), Tokusen must
manage the WWTP sludge as a
hazardous waste after it has
received approval from EPA as
described in paragraph (2)(C).
(3) Verification Testing
Requirements:
Tokusen must perform sample
collection and analyses,
including quality control
procedures, using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 8260B, 1311/8260B, 8270C,
6010B, 7470, 9034A, ASTMD-4982B,
ASTMD-5049, E413.2. Methods must
meet Performance Based
Measurement System Criteria in
which The Data Quality Objectives
are to demonstrate that
representative samples of sludge
meet the delisting levels in
paragraph (1). If EPA judges the
process to be effective under the
operating conditions used during
the initial verification testing,
Tokusen may replace the testing
required in paragraph (3)(A) with
the testing required in paragraph
(3)(B). Tokusen must continue to
test as specified in paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
paragraph (3)(A) may be replaced
by paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, Tokusen must do the
following:
(i) The first sampling event for
eight (8) samples will be
performed within thirty (30) days
of operation after this exclusion
becomes final.
(ii) The samples are to be
analyzed and compared against the
Delisting Levels in paragraph
(1).
(iii) Within sixty (60) days after
this exclusion becomes final,
Tokusen will report initial
verification analytical test data
for the WWTP sludge, including
analytical quality control
information.
Tokusen must request in writing
that EPA allows Tokusen to
substitute the Testing conditions
in (3)(B) for (3)(A).
(B) Subsequent Verification
Testing:
[[Page 243]]
Following written notification by
EPA, Tokusen may substitute the
testing conditions in (3)(B) for
(3)(A). Tokusen must continue to
monitor operating conditions, and
analyze two representative
samples of the wastewater
treatment sludge for each quarter
of operation during the first
year of waste generation. If
levels of constituents measured
in the samples of the WWTP sludge
do not exceed the levels set
forth in paragraph (1) in two
consecutive quarters, Tokusen can
manage and dispose of the WWTP
sludge according to all
applicable solid waste
regulations.
After the first year of sampling
events, one (1) verification
sampling test can be performed on
two (2) annual samples of the
waste treatment sludge.
The results are to be compared to
the Delisting Levels in paragraph
(1).
(C) Termination of Testing:
(i) After the first year of
quarterly testings, if the
Delisting Levels in paragraph (1)
are met, Tokusen may then request
that EPA does not require a
quarterly testing.
(ii) Following termination of the
quarterly testing, Tokusen must
conduct one (1) sampling event on
two (2) representative samples
for all constituents listed in
paragraph (1) annually.
(4) Changes in Operating
Conditions:
If Tokusen significantly changes
the process described in its
petition or starts any processes
that generate(s) the waste that
may or could significantly affect
the composition or type of waste
generated as established under
paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing; it
may no longer handle the wastes
generated from the new process as
non-hazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals:
Tokusen must submit the
information described below. If
Tokusen fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to re-open the
exclusion as described in
paragraph (6). Tokusen must:
(A) Submit the data obtained
through paragraph (3) to the
Section Chief, Corrective Action
and Waste Minimization Section,
EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Mail
Code, (6PD-C) within the time
specified.
(B) Compile records of operating
conditions and analytical data
from paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the state of Arkansas
requests them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I can not personally verify
its (their) truth and accuracy I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Re-Opener:
(A) If, any time after disposal of
the delisted waste, Tokusen
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in paragraph (1),
Tokusen must report the data in
writing to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(C) If Tokusen fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
[[Page 244]]
(D) If the Division Director
determines that the reported
information does require action,
EPA's Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed action by EPA is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if) no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA's actions that are necessary
to protect human health and/or
the environment. Any required
action described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
Tokusen must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Tokusen U.S.A., Scottsburg, Wastewater treatment sludges from
Inc. Scottsburg Indiana. electroplating operations (EPA
generated at a maximum annual
(formerly rate of 3,000 cubic yards per
American Steel year, after January 26, 1999, and
Cord). disposed of in a Subtitle D
landfill.
1. Verification Testing: Tokusen
U.S.A., Inc. Scottsburg JFS
America (Tokusen) must implement
an annual testing program to
demonstrate, based on the
analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP extract of
the waste are within specific
levels. The constituent
concentrations must not exceed
the following levels (mg/l) which
are back-calculated from the
delisting health-based levels and
a DAF of 68: arsenic-3.4; barium-
100; cadmium-0.34; chromium-5;
copper-88.4; lead-1.02; mercury-
0.136; nickel-6.8; selenium-1;
silver-5; zinc-680; cyanide-13.6;
acetone-272; benzylbutylphthalate-
476; chloroform-0.68; 1,4-
dichlorobenzene-0.272; cis-1,2-
dichloroethene-27.2; methylene
chloride-0.34; naphthalene-68;
styrene-6.8; tetrachloroethene-
0.34; toluene-68; and xylene-680.
Tokusen must measure and record
the pH of the waste using SW 846
method 9045 and must record all
pH measurements performed in
accordance with the TCLP.
2. Changes in Operating
Conditions: If Tokusen
significantly changes the
manufacturing or treatment
process or the chemicals used in
the manufacturing or treatment
process, Tokusen may handle the
wastewater sludges generated from
the new process under this
exclusion only after the facility
has demonstrated that the waste
meets the levels set forth in
paragraph 1 and that no new
hazardous constituents listed in
appendix VIII of Part 261 have
been introduced.
3. Data Submittals: The data
obtained through annual
verification testing or
compliance with paragraph 2 must
be submitted to U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604-3590, within 60 days of
sampling. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be made
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in Sec. 260.22(i)(12)
of this chapter.
4. (a) If, anytime after disposal
of the delisted waste, Tokusen
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then Tokusen must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph 4. (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
[[Page 245]]
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph 4. (c) or
if no information is presented
under paragraph 4. (c) the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
Trigen/Cinergy- Lansing, Michigan Waste water treatment plant
USFOS of Lansing sludge, F019, that is generated
LLC at General at General Motors Corporation's
Motors Lansing Grand River (GM-Grand
Corporation, River) facility by Trigen/Cinergy-
Lansing Grand USFOS of Lansing LLC exclusively
River. from wastewaters from GM-Grand
River, Lansing, Michigan at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR Part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
Tyco Printed Melbourne, Wastewater treatment sludge (EPA
Circuit Group, Florida. Hazardous Waste No. F006) that
Melbourne Tyco Printed Circuit Group,
Division. Melbourne Division (Tyco)
generates by treating wastewater
from its circuit board
manufacturing plant located on
John Rodes Blvd. in Melbourne,
Florida. This is a conditional
exclusion for up to 590 cubic
yards of waste (hereinafter
referred to as ``Tyco Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill or shipped to a smelter
for metal recovery after May 14,
2001. Tyco must demonstrate that
the following conditions are met
for the exclusion to be valid.
(Please see Condition (8) for
certification and recordkeeping
requirements that must be met in
order for the exclusion to be
valid for waste that is sent to a
smelter for metal recovery.)
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CDFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the Tyco Sludge meet the
delisting levels in Condition
(3).
(A) Initial Verification Testing:
Tyco must collect and analyze a
representative sample of every
batch, for eight sequential
batches of Tyco sludge generated
in its wastewater treatment
system after May 14, 2001. A
batch is the Tyco Sludge
generated during one day of
wastewater treatment. Tyco must
analyze for the constituents
listed in Condition (3). A
minimum of four composite samples
must be collected as
representative of each batch.
Tyco must report analytical test
data, including quality control
information, no later than 60
days after generating the first
batch of Tyco Sludge to be
disposed in accordance with the
delisting Conditions (1) through
(7).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(1)(A) is successful, i.e.,
delisting levels of condition (3)
are met for all of the eight
initial batches, Tyco must test a
minimum of 5% of the Tyco Sludge
generated each year. Tyco must
collect and analyze at least one
composite sample representative
of that 5%. The composite must be
made up of representative samples
collected from each batch
included in the 5%. Tyco may, at
its discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
[[Page 246]]
(2) Waste Holding and Handling:
Tyco must store as hazardous all
Tyco Sludge generated until
verification testing as specified
in Condition (1)(A) or (1)(B), as
appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of Tyco
Sludge do not exceed the levels
set forth in Condition (3), then
the Tyco Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels set forth in
Condition (3), the batch of Tyco
Sludge generated during the time
period corresponding to this
sample must be retreated until it
meets the delisting levels set
forth in Condition (3), or
managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium--100; Cadmium--0.5;
Chromium--5.0; Cyanide--20, Lead--
1.5; and Nickel--73. These metal
and cyanide concentrations must
be measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. The total
concentration of cyanide (total,
not amenable) in the waste, not
the waste leachate, must not
exceed 200 mg/kg. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7. The total
concentrations of metals in the
waste, not the waste leachate,
must not exceed the following
levels (ppm): Barium--2,000;
Cadmium--500; Chromium--1,000;
Lead--2,000; and Nickel--20,000.
(4) Changes in Operating
Conditions: Tyco must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are necessary (e.g., use of new
chemicals not specified in the
petition). EPA will determine
whether these changes will result
in additional constituents of
concern. If so, EPA will notify
Tyco in writing that the Tyco
sludge must be managed as
hazardous waste F006, pending
receipt and evaluation of a new
delisting petition. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Tyco, in writing, that
Tyco must repeat Condition (1)(A)
to verify that the Tyco Sludge
continues to meet Condition (3)
delisting levels.
(5) Data Submittals: Data obtained
in accordance with Condition
(1)(A) must be submitted to
Jewell Grubbs, Chief, RCRA
Enforcement and Compliance
Branch, Mail Code: 4WD-RCRA, U.S.
EPA, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth
Street, Atlanta, Georgia 30303.
This notification is due no later
than 60 days after generating the
first batch of Tyco Sludge to be
disposed in accordance with
delisting Conditions (1) through
(7). Records of analytical data
from Condition (1) must be
compiled, summarized, and
maintained by Tyco for a minimum
of three years, and must be
furnished upon request by EPA or
the State of Florida, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
for the specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's void exclusion.
[[Page 247]]
(6) Reopener Language: (A) If,
anytime after disposal or
shipment to a smelter of the
delisted waste, Tyco possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, Tyco must
report the data, in writing, to
EPA within 10 days of first
possessing or being made aware of
that data. (B) If the testing of
the waste, as required by
Condition (1)(B), does not meet
the delisting requirements of
Condition (3), Tyco must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing Tyco
with an opportunity to present
information as to why the
proposed action is not necessary.
Tyco shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
Tyco, as described in paragraph
(6)(D) or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately.
(7) Notification Requirements:
Tyco must provide a one-time
written notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
(8) Recordkeeping and
Certification Requirements for
Waste to be Smelted for Metal
Recovery: Tyco must maintain in
its facility files, and make
available for inspection by EPA
and the Florida Department of
Environmental Protection (FDEP),
records that include the name,
address, telephone number, and
contact person of each smelting
facility used by Tyco for its
delisted waste, quantities of
waste shipped, analytical data
for demonstrating that the
delisting levels of Condition (3)
are met, and a certification that
the smelter(s) is(are) subject to
regulatory controls on discharges
to air, water, and land. The
certification statement must be
signed by a responsible official
and contain the following
language: Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the smelter(s) used
for Tyco's delisted waste is(are)
subject to regulatory controls on
discharges to air, water, and
land. As the company official
having supervisory responsibility
for plant operations, I certify
that to the best of my knowledge
this information is true,
accurate and complete. In the
event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's void exclusion.
Universal Oil Decatur, Alabama. Wastewater treatment sludges (EPA
Products. Hazardous Waste No. F006)
generated from electroplating
operations and contained in two
on-site lagoons on August 15,
1986. This is a one-time
exclusion.
U.S. EPA Jefferson, One-time exclusion for scrubber
Combustion Arkansas. water (EPA Hazardous Waste No.
Research F020) generated in 1985 from the
Facility. incineration of Vertac still
bottoms. This exclusion was
published on June 28, 1989.
U.S. Nameplate Mount Vernon, Retreated wastewater treatment
Company, Inc.. Iowa. sludges (EPA Hazardous Waste No.
F006) previously generated from
electroplating operations and
currently contained in an on-site
surface impoundment after
September 28, 1988. This is a one-
time exclusion for the reteated
wastes only. This exclution does
not relieve the waste unit from
regulatory compliance under
Subtitle C.
The Valero Memphis, TN...... Storm Water Basin sediment (EPA
Refining Hazardous Waste No. F037)
Company--Tenness generated one-time at a volume of
ee, LLC. 2,700 cubic yards March 10, 2010
and disposed in Subtitle D
landfill. This is a one-time
exclusion and applies to 2,700
cubic yards of Storm Water Basin
sediment.
[[Page 248]]
(1) Reopener. (A) If, anytime
after disposal of the delisted
waste, Valero possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If Valero fails to submit the
information described in
paragraph (A) or if any other
information is received from any
source, the Division Director
will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health or
the environment. Further action
may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(C) If the Division Director
determines that the reported
information does require EPA
action, the Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(D) Following the receipt of
information from the facility
described in paragraph (C) or if
no information is presented under
paragraph initial receipt of
information described in
paragraphs (A) or (B), the
Division Director will issue a
final written determination
describing EPA actions that are
necessary to protect human health
or the environment. Any required
action described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(2) Notification Requirements:
Valero must do the following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification, if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
VAW of America St. Augustine, Wastewater treatment sludge filter
Incorporated. Florida. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum.
This exclusion was published on
February 1, 1989.
Vermont American, Newark, OH....... Wastewater treatment sludge (EPA
Corp.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Waterloo Pocahontas, AR... Wastewater treatment sludges (EPA
Industries. Hazardous Waste No. F006)
generated from electroplating
operations after dewatering and
held on-site on July 17, 1986 and
any such sludge generated (after
dewatering) after July 17, 1986.
Watervliet Watervliet, NY... Wastewater treatment sludges (EPA
Arsenal. Hazardous Waste No. F006)
generated from electroplating
operations after January 10,
1986.
Weirton Steel Weirton, West Wastewater treatment sludge (known
Corporation. Virginia. as C&E sludge) containing EPA
Hazardous Waste Numbers F007 and
F008, subsequent to its
excavation from the East Lagoon
and the Figure 8 tanks for the
purpose of transportation and
disposal in a Subtitle D landfill
after May 23, 2002. This is a one-
time exclusion for a maximum
volume of 18,000 cubic yards of
C&E sludge.
(1) Reopener language.
(a) If Weirton discovers that any
condition or assumption related
to the characterization of the
excluded waste which was used in
the evaluation of the petition or
that was predicted through
modeling is not as reported in
the petition, then Weirton must
report any information relevant
to that condition or assumption,
in writing, to the Regional
Administrator and the West
Virginia Department of
Environmental Protection within
10 calendar days of discovering
that information.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator and the West
Virginia Department of
Environmental Protection will
determine whether the reported
condition requires further
action. Further action may
include repealing the exclusion,
modifying the exclusion, or other
appropriate response necessary to
protect human health or the
environment.
(2) Notification Requirements.
Weirton must provide a one-time
written notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 calendar days prior to the
commencement of such activities.
Failure to provide such
notification will be deemed to be
a violation of this exclusion and
may result in revocation of the
decision and other enforcement
action.
William L. Newnan, Georgia.. Dewatered wastewater treatment
Bonnell Co.. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 14, 1986. This
exclusion does not include
sludges contained in Bonnell's on-
site surface impoundments.
[[Page 249]]
Windsor Plastics, Evansville, IN... Spent non-halogenated solvents and
Inc. still bottoms (EPA Hazardous
Waste No. F003) generated from
the recovery of acetone after
November 17, 1986.
WRB Refining, LLC Borger, TX....... Thermal desorber residual solids
(Hazardous Waste Nos. F037, F038,
K048, K049, K050, and K051)
generated at a maximum annual
rate of 5,000 cubic yards per
calendar year after September 29,
2009 and disposed in Subtitle D
Landfill.
For the exclusion to be valid, WRB
Refining LLC must implement a
verification testing program that
meets the following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Thermal Desorber Residual Solid
Leachable Concentrations (mg/l):
Antimony--0.165; Arsenic--1.29;
Barium--54.8; Beryllium--0.119;
Cadmium--0.139; Chromium--3.23;
Chromium, Hexavalent--3.23;
Cobalt--20.7; Copper--38.6;
Cyanide--4.69; Lead--1.07;
Mercury--0.104; Nickel--20.6;
Selenium--1.0; Silver--5.0; Tin--
3790.00; Vanadium--1.46; Zinc--
320.0.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for thermal
desorber residual solids has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by WRB Refining LLC
exceed any of the delisting
levels set in paragraph (1) for
the thermal desorber residual
solids, WRB Refining LLC must do
the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the
thermal desorber residual solids
as hazardous waste generated
under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, WRB Refining LLC may
perform quarterly analytical
testing by sampling and analyzing
the desorber residual solids as
follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the sludge
at quarterly intervals after EPA
grants the final exclusion. The
first composite samples may be
taken at any time after EPA
grants the final approval.
Sampling should be performed in
accordance with the sampling plan
approved by EPA in support of the
exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
sludge must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, WRB Refining LLC will
report its first quarterly
analytical test data to EPA. If
levels of constituents measured
in the samples of the sludge do
not exceed the levels set forth
in paragraph (1) of this
exclusion for two consecutive
quarters, WRB Refining LLC can
manage and dispose the non-
hazardous thermal desorber
residual solids according to all
applicable solid waste
regulations.
(B) Annual Testing: (i) If WRB
Refining LLC completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), WRB
Refining LLC may begin annual
testing as follows: WRB Refining
LLC must test two representative
composite samples of the thermal
desorber residual solids for all
constituents listed in paragraph
(1) at least once per calendar
year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
WRB Refining thermal desorber
residual solids are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of delisted waste in cubic yards
disposed as non-hazardous waste
during the calendar year.
(4) Changes in Operating
Conditions: If WRB Refining LLC
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
WRB Refining LLC must submit a
modification to the petition,
complete with full sampling and
analysis, for circumstances where
the waste volume changes and/or
additional waste codes are added
to the waste stream, if it wishes
to dispose of the material as non-
hazardous.
(5) Data Submittals:
[[Page 250]]
WRB Refining LLC must submit the
information described below. If
WRB Refining LLC fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). WRB Refining LLC
must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Re-opener
(A) If, anytime after disposal of
the delisted waste WRB Refining
LLC possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1, WRB
Refining LLC must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of
that data.
(C) If WRB Refining LLC fails to
submit the information described
in paragraphs (5), (6)(A) or
(6)(B) or if any other
information is received from any
source, the Division Director
will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements
WRB Refining LLC must do the
following before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
------------------------------------------------------------------------
[[Page 251]]
Table 2--Wastes Excluded From Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
American Chrome & Corpus Christi, Dewatered sludge (the EPA
Chemical. Texas. Hazardous Waste No. K006)
generated at a maximum generation
of 1450 cubic yards per calendar
year after September 21, 2004 and
disposed in a Subtitle D
landfill. ACC must implement a
verification program that meets
the following Paragraphs:
(1) Delisting Levels: All
leachable constituent
concentrations must not exceed
the following levels (mg/l). The
petitioner must use the method
specified in 40 CFR 261.24 to
measure constituents in the waste
leachate. Dewatered wastewater
sludge: Arsenic-0.0377; Barium-
100.0; Chromium-5.0; Thallium-
0.355; Zinc-1130.0.
(2) Waste Holding and Handling:
(A) ACC is a 90 day facility and
does not have a RCRA permit,
therefore, ACC must store the
dewatered sludge following the
requirements specified in 40 CFR
262.34, or continue to dispose of
as hazardous all dewatered sludge
generated, until they have
completed verification testing
described in Paragraph (3), as
appropriate, and valid analyses
show that paragraph (1) is
satisfied.
(B) Levels of constituents
measured in the samples of the
dewatered sludge that do not
exceed the levels set forth in
Paragraph (1) are non-hazardous.
ACC can manage and dispose the
non-hazardous dewatered sludge
according to all applicable solid
waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), ACC must retreat the batches
of waste used to generate the
representative sample until it
meets the levels. ACC must repeat
the analyses of the treated
waste.
(D) If the facility does not treat
the waste or retreat it until it
meets the delisting levels in
Paragraph (1), ACC must manage
and dispose the waste generated
under Subtitle C of RCRA.
(E) The dewatered sludge must pass
paint filter test as described in
SW 846, Method 9095 or another
appropriate method found in a
reliable source before it is
allowed to leave the facility.
ACC must maintain a record of the
actual volume of the dewatered
sludge to be disposed of-site
according to the requirements in
Paragraph (5).
(3) Verification Testing
Requirements: ACC must perform
sample collection and analyses,
including quality control
procedures, according to
appropriate methods such as those
found in SW-846 or other reliable
sources (with the exception of
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11, which
must be used without
substitution. ACC must conduct
verification testing each time it
decides to evacuate the tank
contents. Four (4) representative
composite samples shall be
collected from the dewatered
sludge. ACC shall analyze the
verification samples according to
the constituent list specified in
Paragraph (1) and submit the
analytical results to EPA within
10 days of receiving the
analytical results. If the EPA
determines that the data
collected under this Paragraph do
not support the data provided for
the petition, the exclusion will
not cover the generated wastes.
The EPA will notify ACC the
decision in writing within two
weeks of receiving this
information.
(4) Changes in Operating
Conditions: If ACC significantly
changes the process described in
its petition or starts any
processes that may or could
affect the composition or type of
waste generated as established
under Paragraph (1) (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), they must notify the
EPA in writing; they may no
longer handle the wastes
generated from the new process as
nonhazardous until the test
results of the wastes meet the
delisting levels set in Paragraph
(1) and they have received
written approval to do so from
the EPA.
(5) Data Submittals: ACC must
submit the information described
below. If ACC fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. ACC must:
(A) Submit the data obtained
through Paragraph 3 to the
Section Chief, Corrective Action
and Waste Minimization Section,
Environmental Protection Agency,
1445 Ross Avenue, Dallas, Texas
75202-2733, Mail Code, (6PD-C)
within the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when the EPA or the State of
Texas request them for
inspection.
[[Page 252]]
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted: Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by the
EPA in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by the EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste, ACC possesses
or is otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If the verification testing of
the waste does not meet the
delisting requirements in
Paragraph 1, ACC must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of
that data.
(C) If ACC fails to submit the
information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Division Director
determines that the reported
information does require Agency
action, the Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements: ACC
must do the following before
transporting the delisted waste:
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
If ACC transports the excluded
waste to or manages the waste in
any state with delisting
authorization, ACC must obtain
delisting authorization from that
state before it can manage the
waste as nonhazardous in the
state.
(B) Update the one-time written
notification if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide the
notification will result in a
violation of the delisting
variance and a possible
revocation of the exclusion.
American Cyanamid Hannibal, Wastewater and sludge (EPA
Missouri. Hazardous Waste No. K038)
generated from the washing and
stripping of phorate production
and contained in on-site lagoons
on May 8, 1987, and such
wastewater and sludge generated
after May 8, 1987.
Amoco Oil Co..... Wood River, IL... 150 million gallons of DAF from
petroleum refining contained in
four surge ponds after treatment
with the Chemifix [supreg]
stabilization process. This waste
contains EPA Hazardous Waste No.
K048. This exclusion applies to
the 150 million gallons of waste
after chemical stabilization as
long as the mixing ratios of the
reagent with the waste are
monitored continuously and do not
vary outside of the limits
presented in the demonstration
samples; one grab sample is taken
each hour from each treatment
unit, composited, and EP toxicity
tests performed on each sample.
If the levels of lead or total
chromium exceed 0.5 ppm in the EP
extract, then the waste that was
processed during the compositing
period is considered hazardous;
the treatment residue shall be
pumped into bermed cells to
ensure that the waste is
identifiable in the event that
removal is necessary.
[[Page 253]]
Akzo Chemicals, Axis, AL......... Brine purification muds generated
Inc. (formerly from their chlor-alkali
Stauffer manufacturing operations (EPA
Chemical Hazardous Waste No. K071) and
Company). disposed of in brine mud pond
HWTF: 5 EP-201.
Bayer Material Baytown, TX...... Outfall 007 Treated Effluent (EPA
Science LLC. Hazardous Waste Nos. K027, K104,
K111, and K112) generated at a
maximum rate of 18,071,150 cubic
yards (5.475 billion gallons) per
calendar year after July 25, 2005
as it exits the Outfall Tank and
disposed in accordance with the
TPDES permit.
The delisting levels set do not
relieve Bayer of its duty to
comply with the limits set in its
TPDES permit. For the exclusion
to be valid, Bayer must implement
a verification testing program
that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/kg specified in this
paragraph.
Outfall 007 Treated Effluent Total
Concentrations (mg/kg): Antimony--
0.0816; Arsenic--0.385, Barium--
22.2; Chromium--153.0; Copper--
3620.0; Cyanide--0.46; Mercury--
0.0323; Nickel--11.3; Selenium--
0.23; Thallium--0.0334; Vanadium--
8.38; Zinc--112.0; Acetone--14.6;
Acetophenone--15.8; Aniline--
0.680; Benzene--0.0590; Bis (2-
ethylhexyl)phthalate--1260.0;
Bromodichloromethane--0.0719;
Chloroform--0.077; Di-n-octyl
phthalate--454.0; 2,4-
Dinitrotoluene--0.00451;
Diphenylamine--11.8; 1,4-Dioxane--
1.76; Di-n-butyl phthalate--
149.0; Fluoranthene--24.6;
Methylene chloride--0.029; Methyl
ethyl ketone--87.9; Nitrobenzene--
0.0788; m-phenylenediamine--
0.879; Pyrene--39.0; 1,1,1,2-
Tetrachloroethane--0.703; o-
Toluidine--0.0171; p-Toluidine--
0.215; 2,4-Toluenediamine--
0.00121. Toluene diisocyanate--
0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for the treated
effluent has occurred for two
consecutive quarterly sampling
events and those reports have
been approved by EPA.
The delisting for the treated
effluent applies only during
periods of TPDES compliance.
(B) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the treated
effluent, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the
treated effluent as hazardous
waste generated under Subtitle C
of RCRA.
(iii) Routine inspection and
regular maintenance of the
effluent pipe line must occur to
prevent spills and leaks of the
treated effluent prior to
discharge.
(3) Testing Requirements: Sample
collection and analyses,
including quality control
procedures, must be performed
using appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Bayer treated
effluent meet the delisting
levels in paragraph (1).
(A) Quarterly Testing: Upon this
exclusion becoming final, Bayer
may perform quarterly analytical
testing by sampling and analyzing
the treated effluent as follows:
(i) Collect two representative
composite samples of the treated
effluent at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
treated effluent must be disposed
of as hazardous waste in
accordance with the applicable
hazardous waste requirements in
its TPDES discharge permit.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the treated effluent
do not exceed the levels set
forth in paragraph (1) of this
exclusion for two consecutive
quarters, Bayer can manage and
dispose the nonhazardous treated
effluent according to all
applicable solid waste
regulations.
[[Page 254]]
(B) Annual Testing:
(i) If Bayer completes the four
(4) quarterly testing events
specified in paragraph (3)(A)
above and no sample contains a
constituent with a level which
exceeds the limits set forth in
paragraph (1), Bayer may begin
annual testing as follows: Bayer
must test two representative
composite samples of the treated
effluent for all constituents
listed in paragraph (1) at least
once per calendar year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Bayer treated
effluent for all constituents
listed in paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(4) Changes in Operating
Conditions: If Bayer
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), it must
notify EPA in writing; it may no
longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). Bayer must:
(i) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic media.
(ii) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(iii) Furnish these records and
data when either EPA or the State
of Texas request them for
inspection.
(iv) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
[[Page 255]]
(6) Reopener:
(i) If, anytime after disposal of
the delisted waste Bayer
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(ii) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bayer must report the data, in
writing, to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(iii) If Bayer fails to submit the
information described in
paragraphs (5), (6)(i) or (6)(ii)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(iv) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(v) Following the receipt of
information from the facility
described in paragraph (6)(iv) or
(if no information is presented
under paragraph (6)(iv)) the
initial receipt of information
described in paragraphs (5),
(6)(i) or (6)(ii), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
Bayer Material Baytown, TX...... Spent Carbon (EPA Hazardous Waste
Science LLC. Nos. K027, K104, K111, and K112)
generated at a maximum rate of
7,728 cubic yards per calendar
year after May 16, 2006.
For the exclusion to be valid,
Bayer must implement a
verification testing program that
meets the following Paragraphs:
(1) Delisting Levels:
All concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Spent Carbon Leachable
Concentrations (mg/l): Antimony-
0.251; Arsenic-0.385, Barium-
8.93; Beryllium-0.953; Cadmium-
0.687; Chromium-5.0; Cobalt-2.75;
Copper-128.0; Cyanide-1.65; Lead-
5.0; Mercury-0.0294; Nickel-3.45;
Selenium-0.266; Tin-2.75;
Vanadium-2.58; Zinc-34.2; Aldrin-
0.0000482; Acetophenone-87.1;
Aniline-2.82; Benzene-0.554;
Bis(2-ethylhexyl)phthalate-0.342;
Benzyl alcohol-261;
Butylbenzylphthalate-3.54;
Chloroform-0.297; Di-n-octyl
phthalate-0.00427; 2,4-
Dinitrotoluene-0.0249; 2,6-
Dinitrotoluene-0.0249
Diphenylamine-1.43; 1,4-Dioxane-
14.6; Di-n-butylphthalate-2.02;
Kepone-0.000373; 2-Nitrophenol-
87.9; N-Nitrodiphenylamine-3.28;
Phenol-52.2; 2,4-Toluenediamine-
0.00502; Toluene diisocyanate-
0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for spent carbon
has occurred for two consecutive
quarterly sampling events and the
reports have been approved by
EPA.
(B) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the spent
carbon, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the spent
carbon as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Bayer must perform
quarterly analytical testing by
sampling and analyzing the spent
carbon as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the spent
carbon at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
spent carbon must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the spent carbon do
not exceed the levels set forth
in paragraph (1) of this
exclusion for two consecutive
quarters, Bayer can manage and
dispose the non-hazardous spent
carbon according to all
applicable solid waste
regulations.
[[Page 256]]
(B) Annual Testing:
(i) If Bayer completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Bayer can
begin annual testing as follows:
Bayer must test two
representative composite samples
of the spent carbon for all
constituents listed in paragraph
(1) at least once per calendar
year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that samples of the Bayer spent
carbon are representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
must include the total amount of
waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions:
If Bayer significantly changes the
process described in its petition
or starts any process that
generates the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). Bayer must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U. S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas, 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or some comparable electronic
media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste Bayer
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1,
Bayer must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
[[Page 257]]
(C) If Bayer fails to submit the
information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the
actions it believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information explaining why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
EPA's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue
a final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in
EPA's determination shall become
effective immediately, unless EPA
provides otherwise.
Bekaert Steel Rogers, Arkansas. Wastewater treatment sludge (EPA
Corporation. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1250 cubic yards to be
measured on a calendar year
basis) after [insert publication
date of the final rule]. In order
to confirm that the
characteristics of the waste do
not change significantly, the
facility must, on an annual
basis, before July 1 of each
year, analyze a representative
composite sample for the
constituents listed in Sec.
261.24 as well as antimony,
copper, nickel, and zinc using
the method specified therein. The
annual analytical results,
including quality control
information, must be compiled,
certified according to Sec.
260.22(i)(12) of this chapter,
maintained on site for a minimum
of five years, and made available
for inspection upon request of
any employee or representative of
EPA or the State of Arkansas.
Failure to maintain the required
documents on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Notification Requirements:
Bekaert Steel Corporation must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Bethlehem Steel Lackawanna, New Ammonia still lime sludge (EPA
Corporation. York. Hazardous Waste No. K060) and
other solid waste generated from
primary metal-making and coking
operations. This is a one-time
exclusion for 118,000 cubic yards
of waste contained in the on-site
landfill referred to as HWM-2.
This exclusion was published on
April 24, 1996.
Bethlehem Steel Steelton, PA..... Uncured and cured chemically
Corp.. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Bethlehem must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
[[Page 258]]
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceeds
0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/l, the waste must
either be re-treated or managed
and disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to PSPD/
OSW (5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). At the Section
Chief's request, Bethlehem must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Bethlehem Steel Johnstown, PA.... Uncured and cured chemically
Corp.. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a labortory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel, and cyanide
(using distilled water in the
cyanide extractions). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Bethlehem must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
[[Page 259]]
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceed
0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/l, the waste must
either be retreated until it
meets these levels or managed and
disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to the
Section Chief, Variances Section,
PSPD/OSW, (OS-343), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20406 within the
time period specified in
condition (1)(A). At the Section
Chief's request, Bethlehem must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BF Goodrich Calvert City, Brine purification muds and
Intermediates Kentucky. saturator insolubles (EPA
Company, Inc. Hazardous Waste No. K071) after
August 18, 1989. This exclusion
is conditional upon the
collection and submission of data
obtained from BFG's full-scale
treatment system because BFG's
original data was based on data
presented by another petitioner
using an identical treatment
process. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, BFG must implement a
testing program. All sampling and
analyses (including quality
control procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
This testing program must meet
the following conditions for the
exclusion to be valid:
(1) Initial Testing: During the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Collect representative grab
samples from every batch of the
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
daily composite samples (one of
the treated mercury brine
purification muds and one of the
treated saturator insolubles).
Prior to disposal of the treated
batches, two daily composite
samples must be analyzed for EP
leachate concentration of
mercury. BFG must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
[[Page 260]]
(B) Collect representative grab
samples from every batch of
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
weekly composite samples (one of
the treated mercury brine muds
and one of the treated saturator
insolubles). Prior to disposal of
the treated batches, two weekly
composite samples must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions). BFG must report the
analytical test data, including
all quality control data,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Continue to sample and test as
described in condition (1)(A).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky.
(B) Continue to sample and test as
described in condition (1)(B).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of both
the treated mercury brine muds
and treated saturator insolubles,
obtained from either the initial
testing or subsequent testing,
show the maximum allowable levels
in condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies BFG that the
requirements of this condition
have been lifted.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
0.316 mg/l; for barium exceeds
6.31 mg/l; for cadmium or
selenium exceed 0.063 mg/l; for
mercury exceeds 0.0126 mg/l, for
nickel exceeds 3.16 mg/l; or for
cyanide exceeds 4.42 mg/l, the
waste must either be retreated
until it meets these levels or
managed and disposed of in
accordance with subtitle C of
RCRA.
(4) Within one week of system
start-up, BFG must notify the
Section Chief, Variances Section
(see address below) when the full-
scale system is on-line and waste
treatment has begun. All data
obtained through condition (1)
must be submitted to PSPD/OSW
(5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, BFG must submit
any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke BFG's
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. Sec.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
CF&I Steel Pueblo, Colorado. Fully-cured chemically stabilized
Corporation. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after May 9,
1989. This exclusion is
conditioned upon the data
obtained from CF&I's full-scale
CSEAFD treatment facility because
CF&I's original data was obtained
from a laboratory-scale CSEAFD
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, CF&I must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be vaild:
(1) Testing:
[[Page 261]]
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
CF&I must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions).
Analyses must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. CF&I must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: CF&I must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. CF&I then must analyze
each weekly composite sample for
the EP leachate concentrations of
all of the EP toxic metals and
nickel. Analyses must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
The analytical data, including
all quality control information,
must be compiled and maintained
on site for a minimum of three
years. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Colorado.
(2) Delisting levels: If the EP
extract concentrations determined
in conditions (1)(A) or (1)(B)
for chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 4.42 mg/
l, the waste must either be re-
treated or managed and disposed
in accordance with Subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up, CF&I
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). At the Section
Chief's request, CF&I must submit
analytical data obtained through
condition (1)(B) to the above
address, within the time period
specified by the Section Chief.
Failure to submit the required
data obtained from either
condition (1)(A) or (1)(B) within
the specified time periods will
be considered by the Agency
sufficient basis to revoke CF&I's
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement: ``Under
civil and criminal penalty of law
for the making of submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Chaparral Steel Midlothian, Texas Leachate from Landfill No. 3,
Midlothian, L.P. storm water from the baghouse
area, and other K061 wastewaters
which have been pumped to tank
storage (at a maximum generation
of 2500 cubic yards or 500,000
gallons per calendar year) (EPA
Hazardous Waste No. K061)
generated at Chaparral Steel
Midlothian, L.P., Midlothian,
Texas, and is managed as
nonhazardous solid waste after
February 23, 2000.
Chaparral Steel must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
[[Page 262]]
(1) Delisting Levels: All
concentrations for the
constituent total lead in the
approximately 2,500 cubic yards
(500,000 gallons) per calendar
year of raw leachate from
Landfill No. 3, storm water from
the baghouse area, and other K061
wastewaters that is transferred
from the storage tank to
nonhazardous management must not
exceed 0.69 mg/l (ppm).
Constituents must be measured in
the waste by appropriate methods.
As applicable to the method-
defined parameters of concern,
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B.
(2) Waste Holding and Handling:
Chaparral Steel must store as
hazardous all leachate waste from
Landfill No. 3, storm water from
the bag house area, and other
K061 wastewaters until
verification testing as specified
in Condition (3), is completed
and valid analyses demonstrate
that condition (1) is satisfied.
If the levels of constituents
measured in the samples of the
waste do not exceed the levels
set forth in Condition (1), then
the waste is nonhazardous and may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed the delisting levels set
in Condition (1), the waste
volume corresponding to this
sample must be treated until
delisting levels are met or
returned to the original storage
tank. Treatment is designated as
precipitation, flocculation, and
filtering in a wastewater
treatment system to remove metals
from the wastewater. Treatment
residuals precipitated will be
designated as a hazardous waste.
If the delisting level cannot be
met, then the waste must be
managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Chaparral Steel must analyze one
composite sample from each batch
of untreated wastewater
transferred from the hazardous
waste storage tank to non-
hazardous waste management. Each
composited batch sample must be
analyzed, prior to non-hazardous
management of the waste in the
batch represented by that sample,
for the constituent lead as
listed in Condition (1).
Chaparral may treat the waste as
specified in Condition (2). If
EPA judges the treatment process
to be effective during the
operating conditions used during
the initial verification testing,
Chaparral Steel may replace the
testing requirement in Condition
(3)(A) with the testing
requirement in Condition (3)(B).
Chaparral must continue to test
as specified in (3)(A) until and
unless notified by EPA or
designated authority that testing
in Condition (3)(A) may be
replaced by Condition (3)(B).
(A) Initial Verification Testing:
Representative composite samples
from the first eight (8) full-
scale treated batches of
wastewater from the K061 leachate/
wastewater storage tank must be
analyzed for the constituent lead
as listed in Condition (1),
Chaparral must report to EPA the
operational and analytical test
data, including quality control
information, obtained from these
initial full scale treatment
batches within 90 days of the
eighth treatment batch.
(B) Subsequent Verification
Testing: Following notification
by EPA, Chaparral Steel may
substitute the testing conditions
in (3)(B) for (3)(A). Chaparral
Steel must analyze representative
composite samples from the
treated full scale batches on an
annual basis. If delisting levels
for any constituent listed in
Condition (1) are exceeded in the
annual sample, Chaparral must
reinstitute complete testing as
required in Condition (3)(A). As
stated in Condition (3) Chaparral
must continue to test all batches
of untreated waste to determine
if delisting criteria are met
before managing the wastewater
from the K061 tank as
nonhazardous.
(4) Changes in Operating
Conditions: If Chaparral Steel
significantly changes the
treatment process established
under Condition (3) (e.g., use of
new treatment agents), Chaparral
Steel must notify the Agency in
writing. After written approval
by EPA, Chaparral Steel may
handle the wastes generated as
non-hazardous, if the wastes meet
the delisting levels set in
Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Texas, or both, and
be made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records on site for the specified
time will be considered by EPA,
at its discretion, sufficient
basis to reopen the exclusion as
described in Paragraph (6). All
data must be accompanied by a
signed copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
[[Page 263]]
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(A) If, anytime after disposal of
the delisted waste, Chaparral
Steel possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) Based on the information
described in paragraphs (5), or
(6)(A) and any other information
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or
delegate's notice to present such
information.
(D) Following the receipt of
information from the facility
described in paragraph (6)(C) or
(if no information is presented
under paragraph (6)(C)) the
initial receipt of information
described in paragraph (5) or
(6)(A), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Chaparral Steel must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Conversion Horsham, Chemically Stabilized Electric Arc
Systems, Inc. Pennsylvania. Furnace Dust (CSEAFD) that is
generated by Conversion Systems,
Inc. (CSI) (using the Super Detox
\TM\ treatment process as
modified by CSI to treat EAFD
(EPA Hazardous Waste No. K061))
at the following sites and that
is disposed of in Subtitle D
landfills:
Northwestern Steel, Sterling,
Illinois after June 13, 1995.
CSI must implement a testing
program for each site that meets
the following conditions for the
exclusion to be valid:
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
[[Page 264]]
(A) Initial Verification Testing:
During the first 20 operating
days of full-scale operation of a
newly constructed Super Detox
\TM\ treatment facility, CSI must
analyze a minimum of four (4)
composite samples of CSEAFD
representative of the full 20-day
period. Composites must be
comprised of representative
samples collected from every
batch generated. The CSEAFD
samples must be analyzed for the
constituents listed in Condition
(3). CSI must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 60
days after the generation of the
first batch of CSEAFD.
(B) Addition of New Super
Detox\TM\ Treatment Facilities to
Exclusion: If the Agency's review
of the data obtained during
initial verification testing
indicates that the CSEAFD
generated by a specific Super
Detox \TM\ treatment facility
consistently meets the delisting
levels specified in Condition
(3), the Agency will publish a
notice adding to this exclusion
the location of the new Super
Detox \TM\ treatment facility and
the name of the steel mill
contracting CSI's services. If
the Agency's review of the data
obtained during initial
verification testing indicates
that the CSEAFD generated by a
specific Super Detox \TM\
treatment facility fails to
consistently meet the conditions
of the exclusion, the Agency will
not publish the notice adding the
new facility.
(C) Subsequent Verification
Testing: For the Sterling,
Illinois facility and any new
facility subsequently added to
CSI's conditional multiple-site
exclusion, CSI must collect and
analyze at least one composite
sample of CSEAFD each month. The
composite samples must be
composed of representative
samples collected from all
batches treated in each month.
These monthly representative
samples must be analyzed, prior
to the disposal of the CSEAFD,
for the constituents listed in
Condition (3). CSI may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(2) Waste Holding and Handling:
CSI must store as hazardous all
CSEAFD generated until
verification testing as specified
in Conditions (1)(A) and (1)(C),
as appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of CSEAFD
do not exceed the levels set
forth in Condition (3), then the
CSEAFD is non-hazardous and may
be disposed of in Subtitle D
landfills. If constituent levels
in a sample exceed any of the
delisting levels set in Condition
(3), the CSEAFD generated during
the time period corresponding to
this sample must be retreated
until it meets these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA. CSEAFD generated by a new
CSI treatment facility must be
managed as a hazardous waste
prior to the addition of the name
and location of the facility to
the exclusion. After addition of
the new facility to the
exclusion, CSEAFD generated
during the verification testing
in Condition (1)(A) is also non-
hazardous, if the delisting
levels in Condition (3) are
satisfied.
(3) Delisting Levels: All
leachable concentrations for
those metals must not exceed the
following levels (ppm): Antimony--
0.06; arsenic--0.50; barium--7.6;
beryllium--0.010; cadmium--0.050;
chromium--0.33; lead--0.15;
mercury--0.009; nickel--1;
selenium--0.16; silver--0.30;
thallium--0.020; vanadium--2; and
zinc--70. Metal concentrations
must be measured in the waste
leachate by the method specified
in 40 CFR 261.24.
(4) Changes in Operating
Conditions: After initiating
subsequent testing as described
in Condition (1)(C), if CSI
significantly changes the
stabilization process established
under Condition (1) (e.g., use of
new stabilization reagents), CSI
must notify the Agency in
writing. After written approval
by EPA, CSI may handle CSEAFD
wastes generated from the new
process as non-hazardous, if the
wastes meet the delisting levels
set in Condition (3).
(5) Data Submittals: At least one
month prior to operation of a new
Super Detox \TM\ treatment
facility, CSI must notify, in
writing, the Chief of the Waste
Identification Branch (see
address below) when the Super
Detox \TM\ treatment facility is
scheduled to be on-line. The data
obtained through Condition (1)(A)
must be submitted to the Branch
Chief of the Waste Identification
Branch, OSW (Mail Code 5304),
U.S. EPA, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460 within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State in which the CSI
facility is located, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
[[Page 265]]
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
Conversion Willow Grove, PA. Chemically Stabilized Electric Arc
Systems, Inc. Furnace Dust (CSEAFD) that is
generated by Conversion Systems
Inc. (CSI) using the Super
Detox\TM\ process as modified by
CSI to treat EAFD (EPA Hazardous
Waste No. K061) at the following
sites and that is disposed of in
Subtitle C landfills:
Northwestern Steel, Sterling,
Illinois after June 13, 1995.
Structural Metals, Inc. treated at
U.S. Ecology, Robstown, Texas
after September 23, 2008.
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Initial Verification Testing:
During the first 20 operating
days of full scale operation of a
newly constructed Super Detox\TM\
treatment facility, CSI must
analyze a minimum of four (4)
composite samples of CSEAFD
representative of the full 20-day
period. Composites must be
comprised of representative
samples collected from every
batch generated. The CSEAFD
samples must be analyzed for the
constituents listed in Condition
(3). CSI must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 60
days after the generation of the
first batch of CSEAFD.
(B) Addition of New Super
Detox\TM\ Treatment Facilities to
Exclusion: If the Agency's review
of the data obtained during
initial verification testing
indicates that the CSEAFD
generated by a specific Super
Detox\TM\ treatment facility
consistently meets the delisting
levels specified in Condition
(3), the Agency will publish a
notice adding to this exclusion
the location of the new Super
Detox\TM\ treatment facility and
the name of the steel mill
contracting CSI's services. If
the Agency's review of the data
obtained during initial
verification testing indicates
that the CSEAFD generated by a
specific Super Detox\TM\
treatment facility fails to
consistently meet the conditions
of this exclusion, the Agency
will not publish the notice
adding the new facility.
(C) Subsequent Verification
Testing: For the Sterling,
Illinois facility and any new
facility subsequently added to
CSI's conditional multiple-site
exclusion, CSI must collect and
analyze at least one composite
sample of CSEAFD each month. The
composite samples must be
composed of representative
samples collected from all
batches treated in each month.
The composite samples must be
composed representative samples
collected from all batches
treated in each month. These
monthly representative samples
must be analyzed, prior to
disposal of the CSEAFD, for the
constituents listed in Condition
(3). CSI may, at its discretion,
analyze composite samples
gathered more frequently to
demonstrate that smaller batches
of waste are non-hazardous.
(2) Waste Holding and Handling:
CSI must store as hazardous all
CSEAFD generated until
verification testing as specified
in Conditions (1)(A) and (1)(C),
as appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of CSEAFD
do not exceed the levels set
forth in Condition (3), then the
CSEAFD is non-hazardous and may
be managed and disposed of in
Subtitle D landfills. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition (3), the
CSEAFD generated during the time
period corresponding to this
sample must be retreated until it
meets these levels, or managed
and disposed of in accordance
with Subtitle C of RCRA. CSEAFD
generated by a new CSI treatment
facility must be managed as a
hazardous waste prior to the
addition of the name and location
of the facility to the exclusion.
After addition of the new
facility to the exclusion, CSEAFD
generated during the verification
testing in Condition (1)(A) is
also non-hazardous, if the
delisting levels in Condition (3)
are satisfied.
(3) Delisting Levels: All
leachable constituents for those
metals must not exceed the
following levels (ppm): Antimony-
0.06; Arsenic-0.50; Barium-7.6;
Beryllium-0.010; Cadmium-0.050;
Chromium-0.33; Lead-0.15; Mercury-
0.009; Nickel-1.00; Selenium-
0.16; Silver-0.30; Thallium-
0.020; Vanadium-2.0; Zinc-70.
Metal concentrations must be
measured in the waste leachate by
the method specified in 40 CFR
261.24.
(4) Changes in Operating
Conditions: After initiating
subsequent testing described in
Condition (1)(C), if CSI
significantly changes the
stabilization process established
under Condition (1) (e.g., use of
new stabilization reagents), CSI
must notify the Agency in
writing. After written approval
by EPA, CSI may handle CSEAFD
generated from the new process as
non-hazardous, if the wastes meet
the delisting levels set in
Condition (3).
[[Page 266]]
(5) Data Submittals: CSI must
submit the information described
below. If CSI fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). CSI must:
(A) At least one month prior to
operation of a new Super
Detox\TM\ treatment facility, CSI
must notify, in writing, the EPA
Regional Administrator or his
designee, when the new Super
Detox\TM\ treatment facility is
scheduled to be on-line. The data
obtained through paragraph 1(A)
must be submitted to the Regional
Administrator or his designee
within the time period specified.
All supporting data can be
submitted on CD-ROM or some
comparable electronic media.
(B) CSI shall submit and receive
EPA approval of the Quality
Assurance Project Plan for data
collection for each new facility
added to this exclusion prior to
conducting sampling events in
paragraph 1(A).
(C) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(D) Furnish these records and data
when either EPA or the State
agency requests them for
inspection.
(E) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted. ``Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener: (A) If, anytime
after disposal of the delisted
waste CSI, the treatment
facility, or the steel mill
possess or is otherwise made
aware of any data (including but
not limited to leachate data or
ground water monitoring data)
relevant to the delisted waste
indicating that any constituent
identified for the delisting
verification testing is at a
level higher than the delisting
level allowed by EPA in granting
the petition, then the facility
must report the data, in writing,
to EPA within 10 days of first
possessing or being made aware of
that data.
(B) If subsequent verification
testing of the waste as required
by paragraph 1(C) does not meet
the delisting requirements in
paragraph 3 and the waste is
subsequently managed as non-
hazardous waste, CSI must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware of
that data.
(C) If CSI fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the
actions it believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information explaining why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
EPA's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue
a final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in
EPA's determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements: CSI
or the treatment facility must do
the following before transporting
the delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
exclusion and a possible
revocation of the decision.
[[Page 267]]
DuraTherm, San Leon, Texas.. Desorber Solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the treatment
process to treat the Desorber
solids, (EPA Hazardous Waste No.
K048, K049, K050, and K051 and
disposed of in a subtitle D
landfill.
DuraTherm must implement the
testing program found in Table 1.
Wastes Excluded From Non-Specific
Sources, for the petition to be
valid.
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
(EPA Hazardous Waste Nos. K009,
K010) generated at Eastman.
Eastman must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.
Eastman Chemical Longview, TX..... RKI Bottom Ash. (EPA Hazardous
Company--Texas Waste Number F001, F002, F003,
Operations. F005, F039, K009, K010, U001,
U002, U031, U069, U107, U112,
U117, U140, U147, U161, U213, and
U359) generated at a maximum rate
of 1,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Fly Ash. (EPA Hazardous Waste
Number F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359)
generated at a maximum rate of
2,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Scrubber Water Blowdown. (EPA
Hazardous Numbers D001, D002,
D003, D007, D008, D018, D022,
F001, F002, F003, F005, F039,
K009, K010, U001, U002, U031,
U069, U107, U112, U117, U140,
U147, U161, U213, and U359)
generated at a maximum rate of
643,000 cubic yards (500,000
million gallons) per calendar
year after November 23, 2011 and
treated and discharged from a
Wastewater Treatment Plant.
Eastman must implement the testing
program in Table 1. Wastes
Excluded from Non-Specific
Sources for the petition to be
valid.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Spent pickle liquor (EPA Hazardous
Pennsylvania Pennsylvania. Waste No. K062) generated from
(formerly steel finishing operations of
Envirite facilities within the iron and
Corporation). steel industry (SIC Codes 331 and
332); wastewater treatment sludge
(EPA Hazardous Waste No. K002)
generated from the production of
chrome yellow and orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K003) generated from the
production of molybdate orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K004) generated from the
production of zinc yellow
pigments; wastewater treatment
sludge (EPA Hazardous Waste K005)
generated from the production of
chrome green pigments; wastewater
treatment sludge (EPA Hazardous
Waste No. K006) generated from
the production of chrome oxide
green pigments (anhydrous and
hydrated); wastewater treatment
sludge (EPA Hazardous Waste No.
K007) generated from the
production of iron blue pigments;
oven residues (EPA Hazardous
Waste No. K008) generated from
the production of chrome oxide
green pigments after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned
wastes. This testing program must
meet the following conditions for
the exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm, the waste must
be retreated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue (formerly must be tested
for leachable cyanide. If the
leachable cyanide levels
Corporation) (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as a
hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1.2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 27 0.
[[Page 268]]
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in 3, above, as well as
the remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, is not
required until six months from
the date of promulgation. The
Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery, including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
ERCO Worldwide Port Edwards, Brine purification muds (EPA
(USA) Inc. Wisconsin. Hazardous Waste No. K071)
(formerly Vulcan generated from the mercury cell
Materials process in chlorine production,
Company). where separately purified brine
is not used after November 17,
1986. To assure that mercury
levels in this waste are
maintained at acceptable levels,
the following conditions apply to
this exclusion: Each batch of
treated brine clarifier muds and
saturator insolubles must be
tested (by the extraction
procedure) prior to disposal and
the leachate concentration of
mercury must be less than or
equal to 0.0129 ppm. If the waste
does not meet this requirement,
then it must be re-treated or
disposed of as hazardous. This
exclusion does not apply to
wastes for which either of these
conditions is not satisfied.
ExxonMobil North Baytown, TX...... North Landfarm underflow water
Landfarm. (EPA Hazardous Waste Numbers F039
generated at a maximum rate of
1,500,000 gallons (7,427 cubic
yards) per calendar year after
notification that ExxonMobil will
initiate closure of the North
Landfarm.
ExxonMobil Beaumont, TX..... Centrifuge Solids (EPA Hazardous
Refining and Waste Numbers F037, F038, K048,
Supply Company-- K049, K051, K052, K169, and
Beaumont K170.) generated at a maximum
Refinery. rate of 8,300 cubic yards after
December 1, 2011.
Beaumont Refinery must implement
the requirements in Table 1.
Wastes Excluded from Non-Specific
Sources for the petition to be
valid.
Giant Refining Bloomfield, New Waste generated during the
Company, Inc. Mexico. excavation of soils from two
wastewater treatment impoundments
(referred to as the South and
North Oily Water Ponds) used to
contain water outflow from an API
separator (EPA Hazardous Waste
No. K051). This is a one-time
exclusion for approximately 2,000
cubic yards of stockpiled waste.
This exclusion was published on
September 3, 1996.
Notification Requirements: Giant
Refining Company must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
Heritage Crawfordsville, Electric arc furnace dust (EAFD)
Environmental Indiana. that has been generated by Nucor
Services, LLC., Steel at its Crawfordsville,
at the Nucor Indiana facility and treated on
Steel facility. site by Heritage Environmental
Services, LLC (Heritage) at a
maximum annual rate of 30,000
cubic yards per year and disposed
of in a Subtitle D landfill which
has groundwater monitoring, after
January 15, 2002.
(1) Delisting Levels:
(A) The constituent concentrations
measured in either of the
extracts specified in Paragraph
(2) may not exceed the following
levels (mg/L): Antimony--0.206;
Arsenic--0.0936; Barium--55.7;
Beryllium--0.416; Cadmium--0.15;
Chromium (total)--1.55; Lead--
5.0; Mercury--0.149; Nickel--
28.30; Selenium--0.58; Silver--
3.84; Thallium--0.088; Vanadium--
21.1; Zinc--280.0.
(B) Total mercury may not exceed 1
mg/kg.
(2) Verification Testing: On a
monthly basis, Heritage or Nucor
must analyze two samples of the
waste using the TCLP, SW-846
Method 1311, with an extraction
fluid of pH 12 0.05 standard
units and for the mercury
determinative analysis of the
leachate using an appropriate
method. The constituent
concentrations measured must be
less than the delisting levels
established in Paragraph (1).
(3) Changes in Operating
Conditions: If Nucor
significantly changes the
manufacturing process or
chemicals used in the
manufacturing process or Heritage
significantly changes the
treatment process or the
chemicals used in the treatment
process, Heritage or Nucor must
notify the EPA of the changes in
writing. Heritage and Nucor must
handle wastes generated after the
process change as hazardous until
Heritage or Nucor has
demonstrated that the wastes
continue to meet the delisting
levels set forth in Paragraph (1)
and that no new hazardous
constituents listed in appendix
VIII of Part 261 have been
introduced and Heritage and Nucor
have received written approval
from EPA.
[[Page 269]]
(4) Data Submittals: Heritage must
submit the data obtained through
monthly verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 by February 1
of each calendar year for the
prior calendar year. Heritage or
Nucor must compile, summarize,
and maintain on site for a
minimum of five years records of
operating conditions and
analytical data. Heritage or
Nucor must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(5) Reopener Language--(A) If,
anytime after disposal of the
delisted waste, Heritage or Nucor
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
identified in Paragraph (1) is at
a level in the leachate higher
than the delisting level
established in Paragraph (1), or
is at a level in the groundwater
higher than the maximum allowable
point of exposure concentration
predicted by the CMTP model, then
Heritage or Nucor must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(B) Based on the information
described in paragraph (5)(A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify
Heritage and Nucor in writing of
the actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing Heritage and Nucor with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Heritage and
Nucor shall have 30 days from the
date of the Regional
Administrator's notice to present
the information.
(D) If after 30 days Heritage or
Nucor presents no further
information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
LCP Chemical..... Orrington, ME.... Brine purification muds and
wastewater treatment sludges
generated after August 27, 1985
from their chlor-alkali
manufacturing operations (EPA
Hazardous Waste Nos. K071 and
K106) that have been batch tested
for mercury using the EP toxicity
procedures and have been found to
contain less than 0.05 ppm
mercury in the EP extract. Brine
purification muds and wastewater
treatment sludges that exceed
this level will be considered a
hazardous waste.
Marathon Oil Co.. Texas City, Texas Residual solids (at a maximum
annual generation rate of 1,000
cubic yards) generated from the
thermal desorption treatment and,
where necessary, stabilization of
wastewater treatment plant API/
DAF filter cake (EPA Hazardous
Waste Nos. K048 and K051), after
[insert date of publication].
Marathon must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the treatment
process to be effective under the
operating conditions used during
the initial verification testing,
Marathon may replace the testing
required in Condition (1)(A) with
the testing required in Condition
(1)(B). Marathon must continue to
test as specified in Condition
(1)(A), including testing for
organics in Conditions (3)(B) and
(3)(C), until and unless notified
by EPA in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B), or that
testing for organics may be
terminated as described in (1)(C)
(to the extent directed by EPA).
(A) Initial Verification Testing:
During at least the first 40
operating days of full-scale
operation of the thermal
desorption unit, Marathon must
monitor the operating conditions
and analyze 5-day composites of
residual solids. 5-day composites
must be composed of
representative grab samples
collected from every batch during
each 5-day period of operation.
The samples must be analyzed
prior to disposal of the residual
solids for constituents listed in
Condition (3). Marathon must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
[[Page 270]]
(B) Subsequent Verification
Testing: Following notification
by EPA, Marathon may substitute
the testing conditions in (1)(B)
for (1)(A). Marathon must
continue to monitor operating
conditions, and analyze samples
representative of each month of
operation. The samples must be
composed of representative grab
samples collected during at least
the first five days of operation
of each month. These monthly
representative samples must be
analyzed for the constituents
listed in Condition (3) prior to
the disposal of the residual
solids. Marathon may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(C) Termination of Organic
Testing: Marathon must continue
testing as required under
Condition (1)(B) for organic
constituents specified in
Conditions (3)(B) and (3)(C)
until the analyses submitted
under Condition (1)(B) show a
minimum of four consecutive
monthly representative samples
with levels of specific
constituents significantly below
the delisting levels in
Conditions (3)(B) and (3)(C), and
EPA notifies Marathon in writing
that monthly testing for specific
organic constituents may be
terminated. Following termination
of monthly testing, Marathon must
continue to test a representative
5-day composite sample for all
constituents listed in Conditions
(3)(B) and (3)(C) on an annual
basis. If delisting levels for
any constituents listed in
Conditions (3)(B) and (3)(C) are
exceeded in the annual sample,
Marathon must reinstitute
complete testing as required in
Condition (1)(B).
(2) Waste Holding and Handling:
Marathon must store as hazardous
all residual solids generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analysis demonstrates that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
residual solids are below all of
the levels set forth in Condition
(3), then the residual solids are
non-hazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If hazardous
constituent levels in any 5-day
composite or other representative
sample equal or exceed any of the
delisting levels set in Condition
(3), the residual solids
generated during the
corresponding time period must be
retreated and/or stabilized as
allowed below, until the residual
solids meet these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA.
If the residual solids contain
leachable inorganic
concentrations at or above the
delisting levels set forth in
Condition (3)(A), then Marathon
may stabilize the material with
Type 1 portland cement as
demonstrated in the petition to
immobilize the metals. Following
stabilization, Marathon must
repeat analyses in Condition
(3)(A) prior to disposal.
(3) Delisting Levels: Leachable
concentrations in Conditions
(3)(A) and (3)(B) must be
measured in the waste leachate by
the method specified in 40 CFR
261.24. The indicator parameters
in Condition (3)(C) must be
measured as the total
concentration in the waste.
Concentrations must be less than
the following levels (ppm):
(A) Inorganic Constituents:
antimony-0.6; arsenic, chromium,
or silver-5.0; barium-100.0;
beryllium-0.4; cadmium-0.5; lead-
1.5; mercury-0.2; nickel-10.0;
selenium-1.0; vanadium-20.0.
(B) Organic Constituents:
acenaphthene-200; benzene-0.5;
benzo(a)anthracene-0.01;
benzo(a)pyrene-0.02;
benzo(b)fluoranthene-0.02;
chrysene-0.02; ethyl benzene-70;
fluoranthene-100; fluorene-100;
naphthalene-100; pyrene-100;
toluene-100.
(C) Indicator Parameters: 1-methyl
naphthalene-3; benzo(a)pyrene-3.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if Marathon
significantly changes the
operating conditions established
under Condition (1), Marathon
must notify the Agency in
writing. After written approval
by EPA, Marathon must re-
institute the testing required in
Condition (1)(A) for a minimum of
four 5-day operating periods.
Marathon must report the
operations and test data,
required by Condition (1)(A),
including quality control data,
obtained during this period no
later than 60 days after the
changes take place. Following
written notification by EPA,
Marathon may replace testing
Condition (1)(A) with (1)(B).
Marathon must fulfill all other
requirements in Condition (1), as
appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
Marathon must notify in writing
the Section Chief Delisting
Section (see address below) when
the thermal desorption and
stabilization units will be on-
line and waste treatment will
begin. The data obtained through
Condition (1)(A) must be
submitted to HWID/OSW (5304W) (OS-
333), U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC 20460
within the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA or
the State of Texas and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C 6928), I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
[[Page 271]]
As to the (those) identified
sections(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Mearl Corp....... Peekskill, NY.... Wastewater treatment sludge (EPA
Hazardous Waste Nos. K006 and
K007) generated from the
production of chrome oxide green
and iron blue pigments after
November 27, 1985.
Monsanto Sauget, Illinois. Brine purification muds (EPA
Industrial Hazardous Waste No. K071)
Chemicals generated from the mercury cell
Company. process in chlorine production,
where separately prepurified
brine is not used after August
15, 1986.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation of 1,114 cubic yards
per calendar year) Rockbox
Residue, (at a maximum generation
of 1,000 cubic yards per calendar
year) generated by Occidental
Chemical using the wastewater
treatment process to treat the
Rockbox Residue and the Limestone
Sludge (EPA Hazardous Waste No.
K019, K020). Occidental Chemical
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources from the
petition to be valid.
Occidental Sheffield, Retorted wastewater treatment
Chemical Corp., Alabama. sludge from the mercury cell
Muscle Shoals process in chlorine production
Plant. (EPA Hazardous Plant 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 using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
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). Occidental must
report the analytical test data,
including all quality control
data, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Collect representative grab
samples of every batch of
retorted material prior to its
disposal or recycling and analyze
the sample for EP leachate
concentration of mercury.
Occidental must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(2) Subsequent Testing--After the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
be terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
remain in effect until Occidental
provides EPA with analytical and
quality control data for thirty
consecutive batches of retorted
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable levels of mercury are
below the maximum allowable level
in condition (3) and the Section
Chief, Variances Section,
notifies Occidental that the
testing in condition (2)(B) may
be replaced with (2)(C).
[[Page 272]]
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition]. Collect
representative grab samples from
every batch of retorted material
on a daily basis and composite
the grab samples to produce a
weekly composite sample.
Occidental must analyze each
weekly composite sample prior to
its disposal or recycling for the
EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years all analytical
data and quality control data.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Alabama.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
1.616 mg/l; for barium exceeds
32.3 mg/l; for cadmium or
selenium exceed 0.323 mg/l; for
mercury exceeds 0.065 mg/l, for
nickel exceeds 16.15 mg/l; or for
cyanide exceeds 22.61 mg/l, the
waste must either be retreated
until it meets these levels or
managed and disposed of in
accordance with subtitle C of
RCRA.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale retort system is
on-line and waste treatment has
begun. All data obtained through
condition (1) must be submitted
to PSPD/OSW (5303W), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, Occidental must
submit any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Occidental Delaware City, Sodium chloride treatment muds
Chemical Delaware. (NaCl-TM), sodium chloride
Corporation. saturator cleanings (NaCl-SC),
and potassium chloride treatment
muds (KCl-TM) (all classified as
EPA Hazardous Waste No. K071)
generated at a maximum combined
rate (for all three wastes) of
1,018 tons per year. This
exclusion was published on April
29, 1991 and is conditioned upon
the collection of data from
Occidental's full-scale brine
treatment system because
Occidental's request for
exclusion was based on data from
a laboratory-scale brine
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment system is in
operation, Occidental must
implement a testing program for
the petitioned waste. All
sampling and analyses (including
quality control (QC) procedures)
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. This testing program must
meet the following conditions for
the exclusion to be valid:
(1) Initial Testing: During the
first four weeks of full-scale
treatment system operation,
Occidental must do the following:
(A) Collect representative grab
samples from each batch of the
three treated wastestreams
(sodium chloride saturator
cleanings (NaCl-SC), sodium
chloride treatment muds (NaCl-TM)
and potassium chloride treatment
muds (KCl-TM)) on an as generated
basis and composite the samples
to produce three separate weekly
composite samples (of each type
of K071 waste). The three weekly
composite samples, prior to
disposal, must be analyzed for
the EP leachate concentrations of
all the EP toxic metals (except
mercury), nickel, and cyanide
(using distilled water in the
cyanide extractions). Occidental
must report the waste volumes
produced and the analytical test
data, including all quality
control data, obtained during
this initial period, no later
than 90 days after the treatment
of the first full-scale batch.
[[Page 273]]
(B) Collect representative grab
samples of each batch of the
three treated wastestreams (NaCl-
SC, NACl-TM and KCl-TM) and
composite the grab samples to
produce three separate daily
composite samples (of each type
of K071 waste) on an as generated
basis. The three daily composite
samples, prior to disposal, must
be analyzed for the EP leachate
concentration of mercury.
Occidental must report the waste
volumes produced and the
analytical test data, including
all quality control data,
obtained during this initial
period, no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
treatment operations, Occidental
must do the following; all
sampling and analyses (including
quality control procedures) must
be performed using appropriate
methods, and as applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B:
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years the records of waste
volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing, show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B). Occidental must
compile and store on-site for a
minimum of three years the
records of waste volumes produced
and all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Delaware.
These testing requirements shall
be terminated and replaced with
the requirements of condition
(2)(C) if Occidental provides EPA
with analytical and quality
control data for thirty
consecutive batches of treated
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable level of mercury in
condition (3) is not exceeded (in
all three treated wastes), and
the Section Chief, Variances
Section, notifies Occidental that
the testing in condition (2)(B)
may be replaced with (2)(C).
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition.] Collect
representative grab samples from
each batch of the three treated
wastestreams (NaCl-SC, NaCl-TM
and KCl-TM) on an as generated
basis and composite the grab
samples to produce three separate
weekly composite samples (of each
type of K071 waste). The three
weekly composite samples, prior
to disposal, must be analyzed for
the EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years the records of
waste volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware.
(3) If, under conditions (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
0.77 mg/l; for barium exceeds
15.5 mg/l; for cadmium or
selenium exceed 0.16 mg/l; for
mercury exceeds 0.031 mg/l, or
for nickel or total cyanide
exceed 10.9 mg/l, the waste must
either be retreated or managed
and disposed of in accordance
with all applicable hazardous
waste regulations.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale system is on-line
and waste treatment has begun.
All data obtained through
condition (1) must be submitted
to the Section Chief, Variances
Section, PSPD/OSW, (OS-333), U.S.
EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period required in condition
(1). At the Section Chief's
request, Occidental must submit
any other analytical data
obtained through conditions (1)
and (2) to the above address
within the time period specified
by the Section Chief. Failure to
submit the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
(either submitted to EPA or
maintained at the site) must be
accompanied by the following
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to 18 U.S.C. 1001 and 42
U.S.C. 6926), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
[[Page 274]]
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Olin Corporation. Charleston, TN... Sodium chloride purification muds
and potassium chloride
purification muds (both
classified as EPA Hazardous Waste
No. K071) that have been batch
tested using EPA's Toxicity
Characteristic Leaching Procedure
and have been found to contain
less than 0.05 ppm mercury.
Purification muds that have been
found to contain less than 0.05
ppm mercury will be disposed in
Olin's on-site non-hazardous
waste landfill or another
Subtitle D landfill. Purification
muds that exceed this level will
be considered a hazardous waste.
Ormet Primary Hannibal, OH..... Vitrified spent potliner (VSP),
Aluminum K088, that is generated by Ormet
Corporation. Primary Aluminum Corporation in
Hannibal (Ormet), Ohio at a
maximum annual rate of 8,500
cubic yards per year and disposed
of in a Subtitle D landfill,
licensed, permitted, or
registered by a state. The
exclusion becomes effective as of
July 25, 2002.
1. Delisting Levels: (A) The
constituent concentrations
measured in any of the extracts
specified in paragraph (2) may
not exceed the following levels
(mg/L): Antimony--0.235; Arsenic--
0.107; Barium--63.5; Beryllium--
0.474; Cadmium--0.171; Chromium
(total)--1.76; Lead--5; Mercury--
0.17; Nickel--32.2; Selenium--
0.661; Silver--4.38; Thallium--
0.1; Tin--257; Vanadium--24.1;
Zinc--320; Cyanide--4.11. (B)
Land disposal restrictions (LDR)
treatment standards for K088 must
also be met before the VSP can be
land disposed. Ormet must comply
with any future LDR treatment
standards promulgated under 40
CFR 268.40 for K088.
2. Verification Testing: (A) On a
quarterly basis, Ormet must
collect two samples of the waste
and analyze them for the
constituents listed in paragraph
(1) using the methodologies
specified in an EPA-approved
sampling plan specifying (a) the
TCLP method, and (b) the TCLP
procedure with an extraction
fluid of 0.1 Normal sodium
hydroxide solution. The
constituent concentrations
measured in the extract must be
less than the delisting levels
established in paragraph (1).
Ormet must also comply with LDR
treatment standards in accordance
with 40 CFR 268.40. (B) If the
quarterly testing of the waste
does not meet the delisting
levels set forth in paragraph
(1), Ormet must notify the Agency
in writing in accordance with
paragraph (5). The exclusion will
be suspended and the waste
managed as hazardous until Ormet
has received written approval for
the exclusion from the Agency.
Ormet may provide sampling
results that support the
continuation of the delisting
exclusion.
3. Changes in Operating
Conditions: If Ormet
significantly changes the
manufacturing process, the
treatment process, or the
chemicals used, Ormet must notify
the EPA of the changes in
writing. Ormet must handle wastes
generated after the process
change as hazardous until Ormet
has demonstrated that the wastes
continue to meet the delisting
levels set forth in paragraph (1)
and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and Ormet has received
written approval from EPA.
4. Data Submittals: Ormet must
submit the data obtained through
quarterly verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 by February 1
of each calendar year for the
prior calendar year. Ormet must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
Ormet must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, Ormet possesses
or is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent identified in
paragraph (1) is at a level in
the leachate higher than the
delisting level established in
paragraph (1), or is at a level
in the groundwater higher than
the point of exposure groundwater
levels referenced by the model,
then Ormet must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (5)(a) or
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the information
does require Agency action, the
Regional Administrator will
notify Ormet in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing Ormet with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Ormet shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
[[Page 275]]
(d) If after 30 days Ormet
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Oxychem.......... ............... Wastewater Treatment Biosludge
(EPA Hazardous Waste Number K019,
K020, F025, F001, F003, and F005)
generated at a maximum rate of
7,500 cubic yards per calendar
year after August 23, 2010.
Oxychem must implement the testing
program in Table 1. Wastes
Excluded from Non-Specific
Sources for the petition to be
valid.
Oxy Vinyls....... Deer Park, Texas. Rockbox Residue, (at a maximum
generation of 1,000 cubic yards
per calendar year) generated by
Oxy Vinyls using the wastewater
treatment process to treat the
Rockbox Residue (EPA Hazardous
Waste No. K017, K019, and K020).
Oxy Vinyls must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue must be measured
in the waste leachate by the
method specified in 40 CFR
261.24.
(A) Rockbox Residue:
(i) Inorganic Constituents:
Barium--200; Chromium--5.0;
Copper--130; Lead+1.5; Tin--
2,100; Vanadium--30; Zinc--1,000
(ii) Organic Constituents:
Acetone--400; Dichloromethane--
1.0; Dimethylphthalate--4,000;
Xylene--10,000; 2,3,7,8-TCDD
Equivalent--0.00000006
(2) Waste Holding and Handling:
Oxy Vinyls must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue generated until the
verification testing described in
Condition (3)(B), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue do
not exceed the levels set forth
in Condition (1), then the waste
is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition 1, waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the incineration
process to be effective under the
operating conditions used during
the initial verification testing,
OxyVinyls may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). OxyVinyls must continue
to test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) When the Rockbox unit is
decommissioned for clean out,
after the final exclusion is
granted, Oxy Vinyls must collect
and analyze composites of the
Rockbox Residue. Two composites
must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Condition
1. No later than 90 days after
the Rockbox unit is
decommissioned for clean out the
first two times after this
exclusion becomes final, Oxy
Vinyls must report the
operational and analytical test
data, including quality control
information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Oxy Vinyls
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). Oxy Vinyls must
continue to monitor operating
conditions, analyze samples
representative of each cleanout
of the Rockbox of operation
during the first year of waste
generation.
(C) Termination of Organic Testing
for the Rockbox Residue: Oxy
Vinyls must continue testing as
required under Condition (3)(B)
for organic constituents
specified under Condition (3)(B)
for organic constituents
specified in Condition (1)(A)(ii)
until the analyses submitted
under Condition (3)(B) show a
minimum of two consecutive annual
samples below the delisting
levels in Condition (1)(A)(ii),
Oxy Vinyls may then request that
annual organic testing be
terminated. Following termination
of the quarterly testing, Oxy
Vinyls must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Oxy Vinyls
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), Oxy
Vinyls must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
[[Page 276]]
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Oxy Vinyls
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Director in granting the
petition, then the facility must
report the data, in writing, to
the Director within 10 days of
first possessing or being made
aware of that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1, Oxy
Vinyls must report the data, in
writing, to the Director within
10 days of first possessing or
being made aware of that data.
(C) Based on the information
described in paragraphs (A) or
(B) and any other information
received from any source, the
Director will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Director determines
that the reported information
does require Agency action, the
Director will notify the facility
in writing of the actions the
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Director's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (D) or (if
no information is presented under
paragraph (D)) the initial
receipt of information described
in paragraphs (A) or (B), the
Director will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the
Director's determination shall
become effective immediately,
unless the Director provides
otherwise.
(7) Notification Requirements: Oxy
Vinyls must provide a one-time
written notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
OxyVinyls, L.P... Deer Park, TX.... Incinerator Offgas Scrubber Water
(EPA Hazardous Waste Nos. K017,
K019 and K020) generated at a
maximum annual rate of 919,990
cubic yards per calendar year
after April 22, 2004, and
disposed in accordance with the
TPDES permit. For the exclusion
to be valid, OxyVinyls must
implement a testing program that
meets the following Paragraphs:
[[Page 277]]
(1) Delisting Levels: All total
concentrations for those
constituents must not exceed the
following levels (mg/kg) in the
incinerator offgas scrubber
water. Incinerator offgas
treatment scrubber water (i)
Inorganic Constituents Antimony--
0.0204; Arsenic--0.385; Barium--
2.92; Beryllium--0.166; Cadmium--
0.0225; Chromium--5.0; Cobalt--
13.14; Copper--418.00; Lead--5.0;
Nickel--1.13; Mercury--0.0111;
Vanadium--0.838; Zinc--2.61 (ii)
Organic Constituents Acetone--
1.46; Bromoform--0.481;
Bromomethane--8.2;
Bromodichloromethane--0.0719;
Chloroform--0.683;
Dibromochloromethane--0.057;
Iodomethane--0.19; Methylene
Chloride--0.029; 2,3,7,8--TCDD
equivalents as TEQ--0.0000926
(2) Waste Management: (A)
OxyVinyls must manage as
hazardous all incinerator offgas
treatment scrubber water
generated, until it has completed
initial verification testing
described in Paragraphs (3)(A)
and (B), as appropriate, and
valid analyses show that
paragraph (1) is satisfied.
(B) Levels of constituents
measured in the samples of the
incinerator offgas treatment
scrubber water that do not exceed
the levels set forth in Paragraph
(1) are non-hazardous. OxyVinyls
can manage and dispose the non-
hazardous incinerator offgas
treatment scrubber water
according to all applicable solid
waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), OxyVinyls must collect one
additional sample and perform the
expedited analyses to confirm if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance,
OxyVinyls must, from that point
forward, treat the waste as
hazardous until it is
demonstrated that the waste again
meets the levels set in Paragraph
(1). OxyVinyls must notify EPA of
the exceedance and resampling
analytical results prior to
disposing of the waste.
(D) If the waste exceeds the
levels in paragraph (1) OxyVinyls
must manage and dispose of the
waste generated under Subtitle C
of RCRA from the time that it
becomes aware of any exceedance.
(E) Upon completion of the
Verification Testing described in
Paragraphs 3(A) and (B) as
appropriate and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of Paragraph (1),
OxyVinyls may proceed to manage
its incinerator offgas treatment
scrubber water as non-hazardous
waste. If subsequent verification
testing indicates an exceedance
of the Delisting Levels in
Paragraph (1), OxyVinyls must
manage the incinerator offgas
treatment scrubber water as a
hazardous waste until two
consecutive quarterly testing
samples show levels below the
Delisting Levels.
(3) Verification Testing
Requirements: OxyVinyls must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. If EPA judges the process
to be effective under the
operating conditions used during
the initial verification testing,
OxyVinlys may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). OxyVinyls must continue
to test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, OxyVinyls must do the
following: (i) Within 60 days of
this exclusion becoming final,
collect four samples, before
disposal, of the incinerator
offgas treatment scrubber water.
(ii) The samples are to be
analyzed and compared against the
delisting levels in Paragraph (1)
(iii). Within sixty (60) days
after the exclusion becomes
final, OxyVinyls will report
initial verification analytical
test data, including analytical
quality control information for
the first sixty (30) days of
operation after this exclusion
becomes final of the incinerator
offgas treatment scrubber water.
If levels of constituents
measured in the samples of the
incinerator offgas treatment
scrubber water that do not exceed
the levels set forth in Paragraph
(1) and are also non-hazardous in
two consecutive quarters after
the first thirty (30) days of
operation after this exclusion,
OxyVinyls can manage and dispose
of the incinerator offgas
treatment scrubber water
according to all applicable solid
water regulations after reporting
the analytical results to EPA.
(B) Subsequent Verification
Testing: Following written
notification by EPA, OxyVinyls
may substitute the testing
conditions in Paragraph (3)(B)
for (3)(A). OxyVinyls must
continue to monitor operating
conditions, and analyze
representative samples of each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated during the
quarter. After the first year of
analytical sampling verification
sampling can be performed on a
single annual composite sample of
the incinerator offgas treatment
scrubber water. The results are
to be compared to the delisting
levels in Condition (1).
(C) Termination of Testing: (i)
After the first year of quarterly
testing, if the Delisting Levels
in Paragraph (1) are being met,
OxyVinyls may then request that
EPA stop requiring quarterly
testing. After EPA notifies
OxyVinyls in writing, the company
may end quarterly testing. (ii)
Following cancellation of the
quarterly testing, OxyVinyls must
continue to test a representative
sample for all constituents
listed in Paragraph (1) annually.
[[Page 278]]
(4) Changes in Operating
Conditions: If OxyVinyls
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could significantly affect the
composition or type of waste
generated as established under
Paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing;
OxyVinyls may no longer handle
the wastes generated from the new
process as nonhazardous until the
wastes meet the delisting levels
set in Paragraph (1) and it has
received written approval to do
so from EPA.
(5) Data Submittals: OxyVinyls
must submit the information
described below. If OxyVinyls
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Paragraph 6. OxyVinyls must:
(A) Submit the data obtained
through Paragraph 3 to the
Section Chief, EPA Region 6
Corrective Action and Waste
Minimization Section, 1445 Ross
Avenue, Dallas, Texas 75202-2733,
Mail Code, (6PD-C) within the
time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Finish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted: Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if its
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener: (A) If, anytime
after disposal of the delisted
waste OxyVinyls possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at a level higher than
the delisting level allowed by
the Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
OxyVinyls must report the data,
in writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If OxyVinyls fails to submit
the information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health or
the environment. Further action
may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and
environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require action by EPA's Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(of no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing EPA
actions that are necessary to
protect human health or the
environment. Any require action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
OxyVinyls must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
[[Page 279]]
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Perox, Sharon, Iron oxide (EPA Hazardous Waste
Incorporated. Pennsylvania. No. K062) generated (at a maximum
annual rate of 4800 cubic yards)
from a spent hydrochloric acid
pickle liquor regeneration plant
for spent pickle liquor generated
from steel finishing operations.
This exclusion was published on
November 13, 1990.
Pioneer Chlor St. Gabriel, LA.. Brine purification muds, which
Alkai Company, have been washed and vacuum
Inc. (formerly filtered, generated after August
Stauffer 27, 1985 from their chlor-alkali
Chemical manufacturing operations (EPA
Company). Hazardous Waste No. K071) that
have been batch tested for
mercury using the EP toxicity
procedure and have been found to
contain less than 0.05 ppm in
mercury in the EP extract. Brine
purification muds that exceed
this level will be considered a
hazardous waste.
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 300 cubic yards) after
December 7, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12) of this
chapter, maintained on site for a
minimum of five years, and made
available for inspection upon
request by any employee or
representative of EPA or the
State of Connecticut. Failure to
maintain the required records on
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. K002-004, K006-K011,
K013-K052, K060-K062, K064-K066,
K069, K071, K073, K083-K088, K090-
K091, K093-K118, K123-K126, K131-
K133, K136, K141-K145, K147-K151,
K156-K161) generated at Rhodia.
Rhodia must implement the testing
program described in Table 1.
Waste Excluded From Non-Specific
Sources for the petition to be
valid.
Roanoke Electric Roanoke, VA...... Fully-cured chemically stabilized
Steel Corp. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after March
22, 1989. This exclusion is
conditioned upon the data
obtained from Roanoke's full-
scale CSEAFD treatment facility
because Roanoke's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Roanoke must implement
a testing program for the
petitioned waste.
This testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Roanoke must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Roanoke must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
[[Page 280]]
(B) Subsequent Testing: Roanoke
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Roanoke then must analyze
each weekly composite sample for
all of the EP toxic metals and
nickel. Analyses must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050,
0051,0060,0061, 1010A, 1020B,
1110A, 1310B, 1311, 1312, 1320,
1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection for
any employee or representative of
EPA or the State of Virginia.
(2) Delistiing levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l, for nickel exceeds 3.15 mg/
l, or for cyanide exceeds 1.26 mg/
l, the waste must either be re-
treated or managed and disposed
in accordance with subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up, Roanoke
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system in on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). Failure to
submit the required data or keep
the required records will be
considered by the Agency, at its
discretion, sufficient basis to
revoke Roanoke's exclusion. All
data must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 USC
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. K009 and
K010, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources for the petition
to be valid.
United States Richland, Treated effluents bearing the
Department of Washington. waste numbers identified below,
Energy (Energy). from the 200 Area Effluent
Treatment Facility (ETF) located
at the Hanford Facility, at a
maximum generation rate of 210
million liters per year, subject
to Conditions 1-7: This
conditional exclusion applies to
Environmental Protection Agency
(EPA) Hazardous Waste Nos. F001,
F002, F003, F004, F005, and F039.
This exclusion also applies to
EPA Hazardous Waste Nos. F006-
F012, F019 and F027 provided that
the as-generated waste streams
bearing these waste numbers prior
to treatment in the 200 Area ETF
is in the form of dilute
wastewater containing a maximum
of 1.0 weight percent of any
hazardous constituent. In
addition, this conditional
exclusion applies to all other U-
and P-listed waste numbers that
meet the following criteria: The
U/P listed substance has a
treatment standard established
for wastewater forms of F039
multi-source leachate under 40
CFR 268.40,''Treatment Standards
for Hazardous Wastes''; and the
as-generated waste stream prior
to treatment in the 200 Area ETF
is in the form of dilute
wastewater containing a maximum
of 1.0 weight percent of any
hazardous constituent. This
exclusion shall apply at the
point of discharge from the 200
Area ETF verification tanks after
satisfaction of Conditions 1-7.
Conditions:
(1) Waste Influent
Characterization and Processing
Strategy Preparation
(a) Prior to treatment of any
waste stream in the 200 Area ETF,
Energy must:
(i) Complete sufficient
characterization of the waste
stream to demonstrate that the
waste stream is within the
treatability envelope of 200 Area
ETF as specified in Tables C-1
and C-2 of the delisting petition
dated November 29, 2001. Results
of the waste stream
characterization and the
treatability evaluation must be
in writing and placed in the
facility operating record, along
with a copy of the November 29,
2001 petition. Waste stream
characterization may be carried
out in whole or in part using the
waste analysis procedures in the
Hanford Facility RCRA Permit, WA7
89000 8967;
[[Page 281]]
(ii) Prepare a written waste
processing strategy specific to
the waste stream, based on the
ETF process model documented in
the November 29, 2001 petition.
For waste processing strategies
applicable to waste streams for
which inorganic envelope data is
provided in Table C-2 of the
November 29, 2001 petition,
Energy shall use envelope data
specific to that waste stream, if
available. Otherwise, Energy
shall use the minimum envelope in
Table C-2.
(b) Energy may modify the 200 Area
ETF treatability envelope
specified in Tables C-1 and C-2
of the November 29, 2001
delisting petition to reflect
changes in treatment technology
or operating practices upon
written approval of the Regional
Administrator. Requests for
modification shall be accompanied
by an engineering report
detailing the basis for a
modified treatment envelope. Data
supporting modified envelopes
must be based on at least four
influent waste stream
characterization data points and
corresponding treated effluent
verification sample data points
for wastes managed under a
particular waste processing
strategy. Treatment efficiencies
must be calculated based on a
comparison of upper 95 percent
confidence level constituent
concentrations. Upon written EPA
approval of the engineering
report, the associated inorganic
treatment efficiency data may be
used in lieu of those in Tables C-
1 and C-2 for purposes of
condition (1)(a)(i).
(c) Energy shall conduct all 200
Area ETF treatment operations for
a particular waste stream
according to the written waste
processing strategy, as may be
modified by Condition 3(b)(i).
(d) The following definitions
apply:
(i) A waste stream is defined as
all wastewater received by the
200 Area ETF that meet the 200
Area ETF waste acceptance
criteria as defined by the
Hanford Facility RCRA Permit, WA7
89000 8967 and are managed under
the same 200 Area ETF waste
processing strategy.
(ii) A waste processing strategy
is defined as a specific 200 Area
ETF unit operation configuration,
primary operating parameters and
expected maximum influent total
dissolved solids (TDS) and total
organic carbon (TOC). Each waste
processing strategy shall require
monitoring and recording of
treated effluent conductivity for
purposes of Condition
(2)(b)(i)(E), and for monitoring
and recording of primary
operating parameters as necessary
to demonstrate that 200 Area ETF
operations are in accordance with
the associated waste processing
strategy.
(iii) Primary operating parameters
are defined as ultraviolet
oxidation (UV/OX) peroxide
addition rate, reverse osmosis
reject ratio, and processing flow
rate as measured at the 200 Area
ETF surge tank outlet.
(iv) Key unit operations are
defined as filtration, UV/OX,
reverse osmosis, ion exchange,
and secondary waste treatment.
(2) Testing. Energy shall perform
verification testing of treated
effluents according to Conditions
(a), (b), and (c) below.
(a) No later than 45 days after
the effective date of this rule,
or such other time as may be
approved of in advance and in
writing by EPA, Energy shall
submit to EPA a report proposing
required data quality parameters
and data acceptance criteria
(parameter values) for sampling
and analysis which may be
conducted pursuant to the
requirements of this rule. This
report shall explicitly consider
verification sampling and
analysis for purposes of
demonstrating compliance with
exclusion limits in Condition 5,
as well as any sampling and
analysis which may be required
pursuant to Conditions (1)(a)(i)
and (1)(d)(ii). This report shall
contain a detailed justification
for the proposed data quality
parameters and data acceptance
criteria. Following review and
approval of this report, the
proposed data quality parameters
and data acceptance criteria
shall become enforceable
conditions of this exclusion.
Pending EPA approval of this
report, Energy may demonstrate
compliance with sampling and
analysis requirements of this
rule through application of
methods appearing in EPA
Publication SW-846 or equivalent
methods. Energy shall maintain a
written sampling and analysis
plan, including QA/QC
requirements and procedures,
based upon these enforceable data
quality parameters and data
acceptance criteria in the
facility operating record, and
shall conduct all sampling and
analysis conducted pursuant to
this rule according to this
written plan. Records of all
sampling and analysis, including
quality assurance QA/QC
information, shall be placed in
the facility operating record. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B.
(b) Initial verification testing.
(i) Verification sampling shall
consist of a representative
sample of one filled effluent
discharge tank, analyzed for all
constituents in Condition (5),
and for conductivity for purposes
of establishing a conductivity
baseline with respect to
Condition (2)(b)(i)(E).
Verification sampling shall be
required under each of the
following conditions:
(A) Any new or modified waste
strategy;
(B) Influent wastewater total
dissolved solids or total organic
carbon concentration increases by
an order of magnitude or more
above values established in the
waste processing strategy;
[[Page 282]]
(C) Changes in primary operating
parameters;
(D) Changes in influent flow rate
outside a range of 150 to 570
liters per minute;
(E) Increase greater than a factor
of ten (10) in treated effluent
conductivity (conductivity
changes indicate changes in
dissolved ionic constituents,
which in turn are a good
indicator of 200 Area ETF
treatment efficiency).
(F) Any failure of initial
verification required by this
condition, or subsequent
verification required by
Condition (2)(c).
(ii) Treated effluents shall be
managed according to Condition 3.
Once Condition (3)(a) is
satisfied, subsequent
verification testing shall be
performed according to Condition
(2)(c).
(c) Subsequent Verification:
Following successful initial
verification associated with a
specific waste processing
strategy, Energy must continue to
monitor primary operating
parameters, and collect and
analyze representative samples
from every fifteenth (15th)
verification tank filled with 200
Area ETF effluents processed
according to the associated waste
processing strategy. These
representative samples must be
analyzed prior to disposal of 200
Area ETF effluents for all
constituents in Condition (5).
Treated effluent from tanks
sampled according to this
condition must be managed
according to Condition (3).
(3) Waste Holding and Handling:
Energy must store as hazardous
waste all 200 Area ETF effluents
subject to verification testing
in Condition (2)(b) and (2)(c),
that is, until valid analyses
demonstrate Condition (5) is
satisfied.
(a) If the levels of hazardous
constituents in the samples of
200 Area ETF effluent are equal
to or below the levels set forth
in Condition (5), the 200 Area
ETF effluents are not listed as
hazardous wastes provided they
are disposed of in the State
Authorized Land Disposal Site
(SALDS) (except as provided
pursuant to Condition (7))
according to applicable
requirements and permits.
Subsequent treated effluent
batches shall be subject to
verification requirements of
Condition (2)(c).
(b) If hazardous constituent
levels in any representative
sample collected from a
verification tank exceed any of
the delisting levels set in
Condition (5), Energy must:
(i) Review waste characterization
data, and review and change
accordingly the waste processing
strategy as necessary to ensure
subsequent batches of treated
effluent do not exceed delisting
criteria;
(ii) Retreat the contents of the
failing verification tank;
(iii) Perform verification testing
on the retreated effluent. If
constituent concentrations are at
or below delisting levels in
Condition (5), the treated
effluent are not listed hazardous
waste provided they are disposed
at SALDS according to applicable
requirements and permits (except
as provided pursuant to Condition
(7)), otherwise repeat the
requirements of Condition (3)(b).
(iv) Perform initial verification
sampling according to Condition
(2)(b) on the next treated
effluent tank once testing
required by Condition (3)(b)(iii)
demonstrates compliance with
delisting requirements.
(4) Re-opener Language
(a) If, anytime before, during, or
after treatment of waste in the
200 Area ETF, Energy possesses or
is otherwise made aware of any
data (including but not limited
to groundwater monitoring data,
as well as data concerning the
accuracy of site conditions or
the validity of assumptions upon
which the November 29, 2001
petition was based) relevant to
the delisted waste indicating
that the treated effluent no
longer meets delisting criteria
(excluding record keeping and
data submissions required by
Condition (6)), or that
groundwater affected by discharge
of the treated effluent exhibits
hazardous constituent
concentrations above health-based
limits, Energy must report such
data, in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Energy shall provide written
notification to the Regional
Administrator no less than 180
days prior to any planned or
proposed substantial
modifications to the 200 Area
ETF, exclusive of routine
maintenance activities, that
could affect waste processing
strategies or primary operating
parameters. This condition shall
specifically include, but not be
limited to, changes that do or
would require Class II or III
modification to the Hanford
Facility RCRA Permit WA7 89000
8967 (in the case of permittee-
initiated modifications) or
equivalent modifications in the
case of agency-initiated permit
modifications operations. Energy
may request a modification to the
180-day notification requirement
of this condition in the instance
of agency-initiated permit
modifications for purposes of
ensuring coordination with
permitting activities.
(c) Based on the information
described in paragraph (4)(a) or
(4)(b) or any other relevant
information received from any
source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action could include
suspending or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(5) Delisting Levels: All total
constituent concentrations in
treated effluents managed under
this exclusion must be equal to
or less than the following
levels, expressed as mg/L:
Inorganic Constituents
Ammonia--6.0
Barium--1.6
Beryllium--4.5 x 10-2
[[Page 283]]
Nickel--4.5 x 10-1
Silver--1.1 x 10-1
Vanadium--1.6 x 10-1
Zinc--6.8
Arsenic--1.5 x 10-2
Cadmium--1.1 x 10-2
Chromium--6.8 x 10-2
Lead--9.0 x 10-2
Mercury--6.8 x 10-3
Selenium--1.1 x 10-1
Fluoride--1.2
Cyanides--4.8 x 10-1
Organic Constituents:
Cresol--1.2
2,4,6 Trichlorophenol--3.6 x 10-1
Benzene--6.0 x 10-2
Chrysene--5.6 x 10-1
Hexachlorobenzne--2.0 x 10-3
Hexachlorocyclopentadiene--1.8 x
10-1
Dichloroisopropyl ether
[Bis(2-Chloroisopropyl) either]--
6.0 x 10-2
Di-n-octylphthalate--4.8 x 10-1
1-Butanol--2.4
Isophorone--4.2
Diphenylamine--5.6 x 10-1
p-Chloroaniline--1.2 x 10-1
Acetonitrile--1.2
Carbazole--1.8 x 10-1
N-Nitrosodimethylamine--2.0 x 10-2
Pyridine--2.4 x 10-2
Lindane [gamma-BHC]--3.0 x 10-3
Arochlor [total of Arochlors 1016,
1221, 1232, 1242, 1248, 1254,
1260]--5.0 x 10-4
Carbon tetrachloride--1.8 x 10-2
Tetrahydrofuran--5.6 x 10-1
Acetone--2.4
Carbon disulfide--2.3
Tributyl phosphate--1.2 x 10-1
(6) Recordkeeping and Data
Submittals.
(a) Energy shall maintain records
of all waste characterization,
and waste processing strategies
required by Condition (1), and
verification sampling data,
including QA/QC results, in the
facility operating record for a
period of no less than three (3)
years. However, this period is
automatically extended during the
course of any unresolved
enforcement action regarding the
200 Area ETF or as requested by
EPA.
(b) No less than thirty (30) days
after receipt of verification
data indicating a failure to meet
delisting criteria of Condition
(5), Energy shall notify the
Regional Administrator. This
notification shall include a
summary of waste characterization
data for the associated influent,
verification data, and any
corrective actions taken
according to Condition (3)(b)(i).
(c) Records required by Condition
(6)(a) must be furnished on
request by EPA or the State of
Washington and made available for
inspection. All data must be
accompanied by a signed copy of
the following certification
statement to attest to the truth
and accuracy of the data
submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928). I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
section(s) of the document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the official having
supervisory responsibility of the
persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to Energy, I recognize and agree
that this exclusion of waste will
be void as if it never had effect
to the extent directed by EPA and
that the Energy will be liable
for Energy's reliance on the void
exclusion.''
[[Page 284]]
(7) Treated Effluent Disposal
Requirements. Energy may at any
time propose alternate reuse
practices for treated effluent
managed under terms of this
exclusion in lieu of disposal at
the SALDS. Such proposals must be
in writing to the Regional
Administrator, and demonstrate
that the risks and potential
human health or environmental
exposures from alternate treated
effluent disposal or reuse
practices do not warrant
retaining the waste as a
hazardous waste. Upon written
approval by EPA of such a
proposal, non-hazardous treated
effluents may be managed
according to the proposed
alternate practices in lieu of
the SALDS disposal requirement in
paragraph (3)(a). The effect of
such approved proposals shall be
explicitly limited to approving
alternate disposal practices in
lieu of the requirements in
paragraph (3)(a) to dispose of
treated effluent in SALDS.
USX Steel Chicago, Illinois Fully-cured chemically stabilized
Corporation, USS electric arc furnace dust/sludge
Division, (CSEAFD) treatment residue (EPA
Southworks Hazardous Waste No. K061)
Plant, Gary generated from the primary
Works. production of steel after April
29, 1991. This exclusion (for
35,000 tons of CSEAFD per year)
is conditioned upon the data
obtained from USX's full-scale
CSEAFD treatment facility. To
ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, USX must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061,1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
USX must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions). USX
must report the analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Subsequent Testing: USX must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. USX then must analyze
each weekly composite sample for
all of the EP toxic metals, and
nickel. The analytical data,
including quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Illinois.
(2) Delisting levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 4.42 mg/
l, the waste must either be re-
treated until it meets these
levels or managed and disposed in
accordance with subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up USX must
notify the Section Chief,
Delisting Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
The data obtained through
condition (1)(A) must be
submitted to the Section Chief,
Delisting Section, CAD/OSW (OS-
333), U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC 20460
within the time period specified.
At the Section Chief's request,
USX must submit any other
analytical data obtained through
conditions (1)(A) or (1)(B)
within the time period specified
by the Section Chief. Failure to
submit the required data obtained
from conditions (1)(A) or (1)(B)
within the specified time period
or maintain the required records
for the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke USX's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
Sec. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
------------------------------------------------------------------------
[[Page 285]]
Table 3--Wastes Excluded From Commercial Chemical Products, Off-
Specification Species, Container Residues, and Soil Residues Thereof
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. U001, U002,
U028, U031, U069, U088, U112,
U115, U117, U122, U140, U147,
U154, U159, U161, U220, U226,
U239, U359). Eastman must
implement the testing program
described in Table 1. Waste
Excluded From Non-Specific
Sources for the petition to be
valid.
Eastman Chemical Longview, TX..... RKI Bottom Ash. (EPA Hazardous
Company-Texas Waste Number F001, F002, F003,
Operations. F005, F039, K009, K010, U001,
U002, U031, U069, U107, U112,
U117, U140, U147, U161, U213, and
U359) generated at a maximum rate
of 1,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Fly Ash. (EPA Hazardous Waste
Number F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359)
generated at a maximum rate of
2,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Scrubber Water Blowdown. (EPA
Hazardous Numbers D001, D002,
D003, D007, D008, D018, D022,
F001, F002, F003, F005, F039,
K009, K010, U001, U002, U031,
U069, U107, U112, U117, U140,
U147, U161, U213, and U359)
generated at a maximum rate of
643,000 cubic yards (500,000
million gallons) per calendar
year after November 23, 2011 and
treated and discharged from a
Wastewater Treatment Plant.
Eastman must implement the testing
program in Table 1. Wastes
Excluded from Non-Specific Wastes
for the petition to be valid.
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. P001-P024, P026-P031,
P033-P034, P036-P051, P054, P056-
P060, P062-P078, P081-P082, P084-
P085, P087-P089, P092-P116, P118-
P123, P127-P128, P185, P188-P192,
P194, P196-P199, P201-P205, U001-
U012, U014-U039, U041-U053, U055-
U064, U066-U099, U101-U103, U105-
U138, U140-U174, U176-U194, U196-
U197, U200-U211, U213-U223, U225-
U228, U234-U240, U243-U244, U246-
U249, U271, U277-U280, U328,
U353, U359, U364-U367, U372-U373,
U375-U379, U381-U396, U400-U404,
U407, U409-U411) generated at
Rhodia. Rhodia must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. U001,
U002, U003, U019, U028, U031,
U037, U044, U056, U069, U070,
U107, U108, U112, U113, U115,
U117, U122, U140, U147, U151,
U154, U159, U161, U169, U190,
U196, U211, U213, U226, U239, and
U359, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement the testing
program described in Table 1.
Wastes Excluded From Non-Specific
Sources for the petition to be
valid.
Union Carbide Taft, LA......... Contaminated soil (approximately
Corp. 11,000 cubic yards), which
contains acrolein in
concentrations of less than 9
ppm.
------------------------------------------------------------------------
[49 FR 37070, Sept. 21, 1984]
Editorial Note: For Federal Register citations affecting appendix IX
of part 261, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--
Table of Contents
Subpart A_General
Sec.
262.10 Purpose, scope, and applicability.
262.11 Hazardous waste determination.
262.12 EPA identification numbers.
Subpart B_The Manifest
262.20 General requirements.
262.21 Manifest tracking numbers, manifest printing, and obtaining
manifests.
262.22 Number of copies.
262.23 Use of the manifest.
262.24 Use of the electronic manifest.
262.25 Electronic manifest signatures.
262.27 Waste minimization certification.
Subpart C_Pre-Transport Requirements
262.30 Packaging.
262.31 Labeling.
262.32 Marking.
262.33 Placarding.
262.34 Accumulation time.
Subpart D_Recordkeeping and Reporting
262.40 Recordkeeping.
[[Page 286]]
262.41 Biennial report.
262.42 Exception reporting.
262.43 Additional reporting.
262.44 Special requirements for generators of between 100 and 1000 kg/
mo.
Subpart E_Exports of Hazardous Waste
262.50 Applicability.
262.51 Definitions.
262.52 General requirements.
262.53 Notification of intent to export.
262.54 Special manifest requirements.
262.55 Exception reports.
262.56 Annual reports.
262.57 Recordkeeping.
262.58 International agreements.
Subpart F_Imports of Hazardous Waste
262.60 Imports of hazardous waste.
Subpart G_Farmers
262.70 Farmers.
Subpart H_Transboundary Movements of Hazardous Waste for Recovery Within
the OECD
262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Notification and consent.
262.84 Movement document.
262.85 Contracts.
262.86 Provisions relating to recognized traders.
262.87 Reporting and recordkeeping.
262.88 Pre-approval for U.S. recovery facilities [Reserved]
262.89 OECD waste lists.
Subpart I_New York State Public Utilities
262.90 Project XL for Public Utilities in New York State.
Subpart J_University Laboratories XL Project_Laboratory Environmental
Management Standard
262.100 To what organizations does this subpart apply?
262.101 What is in this subpart?
262.102 What special definitions are included in this subpart?
262.103 What is the scope of the laboratory environmental management
standard?
262.104 What are the minimum performance criteria?
262.105 What must be included in the laboratory environmental
management plan?
262.106 When must a hazardous waste determination be made?
262.107 Under what circumstances will a university's participation in
this environmental management standard pilot be terminated?
262.108 When will this subpart expire?
Subpart K_Alternative Requirements for Hazardous Waste Determination and
Accumulation of Unwanted Material for Laboratories Owned by Eligible
Academic Entities
262.200 Definitions for this subpart.
262.201 Applicability of this subpart.
262.202 This subpart is optional.
262.203 How an eligible academic entity indicates it will be subject to
the requirements of this subpart.
262.204 How an eligible academic entity indicates it will withdraw from
the requirements of this subpart.
262.205 Summary of the requirements of this subpart.
262.206 Labeling and management standards for containers of unwanted
material in the laboratory.
262.207 Training.
262.208 Removing containers of unwanted material from the laboratory.
262.209 Where and when to make the hazardous waste determination and
where to send containers of unwanted material upon removal
from the laboratory.
262.210 Making the hazardous waste determination in the laboratory
before the unwanted material is removed from the laboratory.
262.211 Making the hazardous waste determination at an on-site central
accumulation area.
262.212 Making the hazardous waste determination at an on-site interim
status or permitted treatment, storage or disposal facility.
262.213 Laboratory clean-outs.
262.214 Laboratory management plan.
262.215 Unwanted material that is not solid or hazardous waste.
262.216 Non-laboratory hazardous waste generated at an eligible
academic entity.
Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and Their Instructions)
Authority: 42 U.S.C 6906, 6912, 6922-6925, 6937, and 6938.
Source: 45 FR 33142, May 19, 1980, unless otherwise noted.
Subpart A_General
Sec. 262.10 Purpose, scope, and applicability.
(a) These regulations establish standards for generators of
hazardous waste.
[[Page 287]]
(b) 40 CFR 261.5(c) and (d) must be used to determine the
applicability of provisions of this part that are dependent on
calculations of the quantity of hazardous waste generated per month.
(c) A generator who treats, stores, or disposes of hazardous waste
on-site must only comply with the following sections of this part with
respect to that waste: Section 262.11 for determining whether or not he
has a hazardous waste, Sec. 262.12 for obtaining an EPA identification
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 (c)
and (d) for recordkeeping, Sec. 262.43 for additional reporting, and if
applicable, Sec. 262.70 for farmers.
(d) Any person who exports or imports wastes that are considered
hazardous under U.S. national procedures to or from the countries listed
in Sec. 262.58(a)(1) for recovery must comply with subpart H of this
part. A waste is considered hazardous under U.S. national procedures if
the waste meets the Federal definition of hazardous waste in 40 CFR
261.3 and is subject to either the Federal RCRA manifesting requirements
at 40 CFR part 262, subpart B, the universal waste management standards
of 40 CFR part 273, State requirements analogous to 40 CFR part 273, the
export requirements in the spent lead-acid battery management standards
of 40 CFR part 266, subpart G, or State requirements analogous to the
export requirements in 40 CFR part 266, subpart G.
(e) Any person who imports hazardous waste into the United States
must comply with the standards applicable to generators established in
this part.
(f) A farmer who generates waste pesticides which are hazardous
waste and who complies with all of the requirements of Sec. 262.70 is
not required to comply with other standards in this part or 40 CFR parts
270, 264, 265, 267, or 268 with respect to such pesticides.
(g) A person who generates a hazardous waste as defined by 40 CFR
part 261 is subject to the compliance requirements and penalties
prescribed in section 3008 of the Act if he does not comply with the
requirements of this part.
(h) An owner or operator who initiates a shipment of hazardous waste
from a treatment, storage, or disposal facility must comply with the
generator standards established in this part.
(i) Persons responding to an explosives or munitions emergency in
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D)
or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to comply with
the standards of this part.
(j)(1) Universities that are participating in the Laboratory XL
project are the University of Massachusetts Boston in Boston,
Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the
University of Vermont in Burlington, Vermont (``Universities''). The
Universities generate laboratory wastes (as defined in Sec. 262.102),
some of which will be hazardous wastes. As long as the Universities
comply with all the requirements of subpart J of this part the
Universities' laboratories that are participating in the University
Laboratories XL Project as identified in Table 1 of this section, are
not subject to the provisions of Secs. 262.11, 262.34(c), 40 CFR parts
264 and 265, 267, and the permit requirements of 40 CFR part 270 with
respect to said laboratory wastes.
Table 1--Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
Approx.
Institution number of Departments participating Location of current hazardous
labs waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA..... 120 Chemistry, Biology, Geology, Merkert Chemistry Building,
Physics, Psychology. 2609 Beacon St., Boston, MA,
Higgins Building, 140
Commonwealth Ave., Chestnut
Hill, MA.
University of Massachusetts Boston, 150 Chemistry, Biology, Science Building (Bldg.
Boston, MA. Psychology, Anthropology, 080); McCormack
Geology and Earth Sciences, Building (Bldg. 020); and Wheatley
and Ocean Sciences. Building (Bldg. 010), 100 Morrissey Blvd.,
Boston, MA.
[[Page 288]]
University of Vermont, Burlington, VT. 400 Colleges of: Agriculture and Given Bunker, 89 Beaumont
Life Sciences, Arts and Ave., Burlington, VT.
Sciences, Medicine, and
Engineering and Mathematics;
and Schools of: Nursing,
Allied Heath Sciences, and
Natural Resources.
----------------------------------------------------------------------------------------------------------------
(2) Each University shall have the right to change its respective
departments or the on-site location of its hazardous waste accumulation
areas listed in Table 1 of this section upon written notice to the
Regional Administrator for EPA-Region I and the appropriate state
agency. Such written notice will be provided at least ten days prior to
the effective date of any such changes.
(k) Generators in the Commonwealth of Massachusetts may comply with
the State regulations regarding Class A recyclable materials in 310
C.M.R. 30.200, when authorized by the EPA under 40 CFR part 271, with
respect to those recyclable materials and matters covered by the
authorization, instead of complying with the hazardous waste
accumulation requirements of Sec. 262.34, the reporting requirements of
Sec. 262.41, the storage facility operator requirements of 40 CFR parts
264, 265 and 267, and the permitting requirements of 40 CFR part 270.
Such generators must also comply with any other applicable requirements,
including any applicable authorized State regulations governing
hazardous wastes not being recycled and any applicable Federal
requirements which are being directly implemented by the EPA within
Massachusetts pursuant to the Hazardous and Solid Waste Amendments of
1984.
(l) The laboratories owned by an eligible academic entity that
chooses to be subject to the requirements of Subpart K of this part are
not subject to (for purposes of this paragraph, the terms ``laboratory''
and ``eligible academic entity'' shall have the meaning as defined in
Sec. 262.200 of Subpart K of this part).:
(1) The requirements of Sec. 262.11 or Sec. 262.34(c), for large
quantity generators and small quantity generators, except as provided in
Subpart K, and
(2) The conditions of Sec. 261.5(b), for conditionally exempt small
quantity generators, except as provided in Subpart K.
Note 1: The provisions of Sec. 262.34 are applicable to the on-site
accumulation of hazardous waste by generators. Therefore, the provisions
of Sec. 262.34 only apply to owners or operators who are shipping
hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous
waste on-site must comply with the applicable standards and permit
requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19,
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309,
Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, 1999;
69 FR 11813, Mar. 12, 2004; 73 FR 72954, Dec. 1, 2008; 75 FR 13003, Mar.
18, 2010; 75 FR 1253, Jan. 8, 2010]
Sec. 262.11 Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2,
must determine if that waste is a hazardous waste using the following
method:
(a) He should first determine if the waste is excluded from
regulation under 40 CFR 261.4.
(b) He must then determine if the waste is listed as a hazardous
waste in subpart D of 40 CFR part 261.
Note: Even if the waste is listed, the generator still has an
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that
the waste from his particular facility or operation is not a hazardous
waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste
is not listed in subpart D of 40 CFR part 261, the generator must then
determine whether the waste is identified in subpart C of 40 CFR part
261 by either:
[[Page 289]]
(1) Testing the waste according to the methods set forth in subpart
C of 40 CFR part 261, or according to an equivalent method approved by
the Administrator under 40 CFR 260.21; or
(2) Applying knowledge of the hazard characteristic of the waste in
light of the materials or the processes used.
(d) If the waste is determined to be hazardous, the generator must
refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for
possible exclusions or restrictions pertaining to management of the
specific waste.
[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51
FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31,
1991; 60 FR 25541, May 11, 1995; 75 FR 13004, Mar. 18, 2010]
Sec. 262.12 EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or
offer for transportation, hazardous waste without having received an EPA
identification number from the Administrator.
(b) A generator who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA form 8700-12.
Upon receiving the request the Administrator will assign an EPA
identification number to the generator.
(c) A generator must not offer his hazardous waste to transporters
or to treatment, storage, or disposal facilities that have not received
an EPA identification number.
Subpart B_The Manifest
Sec. 262.20 General requirements.
(a)(1) A generator who transports, or offers for transport a
hazardous waste for offsite treatment, storage, or disposal, or a
treatment, storage, and disposal facility who offers for transport a
rejected hazardous waste load, must prepare a Manifest (OMB Control
number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-
22A, according to the instructions included in the appendix to this
part.
(2) The revised manifest form and procedures in 40 CFR 260.10,
261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, 262.60, and the
appendix to part 262, shall not apply until September 5, 2006. The
manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21,
262.32, 262.34, 262.54, 262.60, and the appendix to part 262, contained
in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004,
shall be applicable until September 5, 2006.
(b) A generator must designate on the manifest one facility which is
permitted to handle the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate
facility which is permitted to handle his waste in the event an
emergency prevents delivery of the waste to the primary designated
facility.
(d) If the transporter is unable to deliver the hazardous waste to
the designated facility or the alternate facility, the generator must
either designate another facility or instruct the transporter to return
the waste.
(e) The requirements of this subpart do not apply to hazardous waste
produced by generators of greater than 100 kg but less than 1000 kg in a
calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to
which:
(i) The type of waste and frequency of shipments are specified in
the agreement;
(ii) The vehicle used to transport the waste to the recycling
facility and to deliver regenerated material back to the generator is
owned and operated by the reclaimer of the waste; and
(2) The generator maintains a copy of the reclamation agreement in
his files for a period of at least three years after termination or
expiration of the agreement.
(f) The requirements of this subpart and Sec. 262.32(b) do not apply
to the transport of hazardous wastes on a public or private right-of-way
within or along the border of contiguous property under the control of
the same person, even if such contiguous property is divided by a public
or private right-of-way. Notwithstanding 40 CFR 263.10(a), the generator
or transporter must comply with the requirements for transporters set
forth in 40 CFR 263.30 and 263.31 in the event of a discharge of
[[Page 290]]
hazardous waste on a public or private right-of-way.
[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12,
1997; 70 FR 10815, Mar. 4, 2005; 70 FR 35037, June 16, 2005]
Effective Date Note: At 79 FR 7558, Feb. 7, 2014, Sec. 262.20 was
amended by adding paragraph (a)(3), effective Aug. 6, 2014. For the
convenience of the user, the added text is set forth as follows:
Sec. 262.20 General requirements.
* * * * *
(a) * * *
(3) Electronic manifest. In lieu of using the manifest form
specified in paragraph (a)(1) of this section, a person required to
prepare a manifest under paragraph (a)(1) of this section may prepare
and use an electronic manifest, provided that the person:
(i) Complies with the requirements in Sec. 262.24 for use of
electronic manifests, and
(ii) Complies with the requirements of 40 CFR 3.10 for the reporting
of electronic documents to EPA.
Sec. 262.21 Manifest tracking numbers, manifest printing,
and obtaining manifests.
(a)(1) A registrant may not print, or have printed, the manifest for
use of distribution unless it has received approval from the EPA
Director of the Office of Resource Conservation and Recovery to do so
under paragraphs (c) and (e) of this section.
(2) The approved registrant is responsible for ensuring that the
organizations identified in its application are in compliance with the
procedures of its approved application and the requirements of this
section. The registrant is responsible for assigning manifest tracking
numbers to its manifests.
(b) A registrant must submit an initial application to the EPA
Director of the Office of Resource Conservation and Recovery that
contains the following information:
(1) Name and mailing address of registrant;
(2) Name, telephone number and email address of contact person;
(3) Brief description of registrant's government or business
activity;
(4) EPA identification number of the registrant, if applicable;
(5) Description of the scope of the operations that the registrant
plans to undertake in printing, distributing, and using its manifests,
including:
(i) A description of the printing operation. The description should
include an explanation of whether the registrant intends to print its
manifests in-house (i.e., using its own printing establishments) or
through a separate (i.e., unaffiliated) printing company. If the
registrant intends to use a separate printing company to print the
manifest on its behalf, the application must identify this printing
company and discuss how the registrant will oversee the company. If this
includes the use of intermediaries (e.g., prime and subcontractor
relationships), the role of each must be discussed. The application must
provide the name and mailing address of each company. It also must
provide the name and telephone number of the contact person at each
company.
(ii) A description of how the registrant will ensure that its
organization and unaffiliated companies, if any, comply with the
requirements of this section. The application must discuss how the
registrant will ensure that a unique manifest tracking number will be
pre-printed on each manifest. The application must describe the internal
control procedures to be followed by the registrant and unaffiliated
companies to ensure that numbers are tightly controlled and remain
unique. In particular, the application must describe how the registrant
will assign manifest tracking numbers to its manifests. If computer
systems or other infrastructure will be used to maintain, track, or
assign numbers, these should be indicated. The application must also
indicate how the printer will pre-print a unique number on each form
(e.g., crash or press numbering). The application also must explain the
other quality procedures to be followed by each establishment and
printing company to ensure that all required print specifications are
consistently achieved and that printing violations are identified and
corrected at the earliest practicable time.
(iii) An indication of whether the registrant intends to use the
manifests for
[[Page 291]]
its own business operations or to distribute the manifests to a separate
company or to the general public (e.g., for purchase).
(6) A brief description of the qualifications of the company that
will print the manifest. The registrant may use readily available
information to do so (e.g., corporate brochures, product samples,
customer references, documentation of ISO certification), so long as
such information pertains to the establishments or company being
proposed to print the manifest.
(7) Proposed unique three-letter manifest tracking number suffix. If
the registrant is approved to print the manifest, the registrant must
use this suffix to pre-print a unique manifest tracking number on each
manifest.
(8) A signed certification by a duly authorized employee of the
registrant that the organizations and companies in its application will
comply with the procedures of its approved application and the
requirements of this section and that it will notify the EPA Director of
the Office of Resource Conservation and Recovery of any duplicated
manifest tracking numbers on manifests that have been used or
distributed to other parties as soon as this becomes known.
(c) EPA will review the application submitted under paragraph (b) of
this section and either approve it or request additional information or
modification before approving it.
(d)(1) Upon EPA approval of the application under paragraph (c) of
this section, EPA will provide the registrant an electronic file of the
manifest, continuation sheet, and manifest instructions and ask the
registrant to submit three fully assembled manifests and continuation
sheet samples, except as noted in paragraph (d)(3) of this section. The
registrant's samples must meet all of the specifications in paragraph
(f) of this section and be printed by the company that will print the
manifest as identified in the application approved under paragraph (c)
of this section.
(2) The registrant must submit a description of the manifest samples
as follows:
(i) Paper type (i.e., manufacturer and grade of the manifest paper);
(ii) Paper weight of each copy;
(iii) Ink color of the manifest's instructions. If screening of the
ink was used, the registrant must indicate the extent of the screening;
and
(iv) Method of binding the copies.
(3) The registrant need not submit samples of the continuation sheet
if it will print its continuation sheet using the same paper type, paper
weight of each copy, ink color of the instructions, and binding method
as its manifest form samples.
(e) EPA will evaluate the forms and either approve the registrant to
print them as proposed or request additional information or modification
to them before approval. EPA will notify the registrant of its decision
by mail. The registrant cannot use or distribute its forms until EPA
approves them. An approved registrant must print the manifest and
continuation sheet according to its application approved under paragraph
(c) of this section and the manifest specifications in paragraph (f) of
this section. It also must print the forms according to the paper type,
paper weight, ink color of the manifest instructions and binding method
of its approved forms.
(f) Paper manifests and continuation sheets must be printed
according to the following specifications:
(1) The manifest and continuation sheet must be printed with the
exact format and appearance as EPA Forms 8700-22 and 8700-22A,
respectively. However, information required to complete the manifest may
be pre-printed on the manifest form.
(2) A unique manifest tracking number assigned in accordance with a
numbering system approved by EPA must be pre-printed in Item 4 of the
manifest. The tracking number must consist of a unique three-letter
suffix following nine digits.
(3) The manifest and continuation sheet must be printed on 8\1/2\ x
11-inch white paper, excluding common stubs (e.g., top- or side-bound
stubs). The paper must be durable enough to withstand normal use.
(4) The manifest and continuation sheet must be printed in black ink
that can be legibly photocopied, scanned, or faxed, except that the
marginal words indicating copy distribution must be
[[Page 292]]
printed with a distinct ink color or with another method (e.g., white
text against black background in text box, or, black text against grey
background in text box) that clearly distinguishes the copy distribution
notations from the other text and data entries on the form.
(5) The manifest and continuation sheet must be printed as six-copy
forms. Copy-to-copy registration must be exact within \1/32\nd of an
inch. Handwritten and typed impressions on the form must be legible on
all six copies. Copies must be bound together by one or more common
stubs that reasonably ensure that they will not become detached
inadvertently during normal use.
(6) Each copy of the manifest and continuation sheet must indicate
how the copy must be distributed, as follows:
(i) Page 1 (top copy): ``Designated facility to destination State
(if required)''.
(ii) Page 2: ``Designated facility to generator State (if
required)''.
(iii) Page 3: ``Designated facility to generator''.
(iv) Page 4: ``Designated facility's copy''.
(v) Page 5: ``Transporter's copy''.
(vi) Page 6 (bottom copy): ``Generator's initial copy''.
(7) The instructions in the appendix to 40 CFR part 262 must appear
legibly on the back of the copies of the manifest and continuation sheet
as provided in this paragraph (f). The instructions must not be visible
through the front of the copies when photocopied or faxed.
(i) Manifest Form 8700-22.
(A) The ``Instructions for Generators'' on Copy 6;
(B) The ``Instructions for International Shipment Block'' and
``Instructions for Transporters'' on Copy 5; and
(C) The ``Instructions for Treatment, Storage, and Disposal
Facilities'' on Copy 4.
(ii) Manifest Form 8700-22A.
(A) The ``Instructions for Generators'' on Copy 6;
(B) The ``Instructions for Transporters'' on Copy 5; and
(C) The ``Instructions for Treatment, Storage, and Disposal
Facilities'' on Copy 4.
(g)(1) A generator may use manifests printed by any source so long
as the source of the printed form has received approval from EPA to
print the manifest under paragraphs (c) and (e) of this section. A
registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) Hazardous waste generator, transporter or TSDF; or
(iv) Hazardous waste broker or other preparer who prepares or
arranges shipments of hazardous waste for transportation.
(2) A generator must determine whether the generator state or the
consignment state for a shipment regulates any additional wastes (beyond
those regulated Federally) as hazardous wastes under these states'
authorized programs. Generators also must determine whether the
consignment state or generator state requires the generator to submit
any copies of the manifest to these states. In cases where the generator
must supply copies to either the generator's state or the consignment
state, the generator is responsible for supplying legible photocopies of
the manifest to these states.
(h)(1) If an approved registrant would like to update any of the
information provided in its application approved under paragraph (c) of
this section (e.g., to update a company phone number or name of contact
person), the registrant must revise the application and submit it to the
EPA Director of the Office of Resource Conservation and Recovery, along
with an indication or explanation of the update, as soon as practicable
after the change occurs. The Agency either will approve or deny the
revision. If the Agency denies the revision, it will explain the reasons
for the denial, and it will contact the registrant and request further
modification before approval.
(2) If the registrant would like a new tracking number suffix, the
registrant must submit a proposed suffix to the EPA Director of the
Office of Resource Conservation and Recovery, along with the reason for
requesting it. The Agency will either approve the suffix or
[[Page 293]]
deny the suffix and provide an explanation why it is not acceptable.
(3) If a registrant would like to change the paper type, paper
weight, ink color of the manifest instructions, or binding method of its
manifest or continuation sheet subsequent to approval under paragraph
(e) of this section, then the registrant must submit three samples of
the revised form for EPA review and approval. If the approved registrant
would like to use a new printer, the registrant must submit three
manifest samples printed by the new printer, along with a brief
description of the printer's qualifications to print the manifest. EPA
will evaluate the manifests and either approve the registrant to print
the forms as proposed or request additional information or modification
to them before approval. EPA will notify the registrant of its decision
by mail. The registrant cannot use or distribute its revised forms until
EPA approves them.
(i) If, subsequent to its approval under paragraph (e) of this
section, a registrant typesets its manifest or continuation sheet
instead of using the electronic file of the forms provided by EPA, it
must submit three samples of the manifest or continuation sheet to the
registry for approval. EPA will evaluate the manifests or continuation
sheets and either approve the registrant to print them as proposed or
request additional information or modification to them before approval.
EPA will notify the registrant of its decision by mail. The registrant
cannot use or distribute its typeset forms until EPA approves them.
(j) EPA may exempt a registrant from the requirement to submit form
samples under paragraph (d) or (h)(3) of this section if the Agency is
persuaded that a separate review of the registrant's forms would serve
little purpose in informing an approval decision (e.g., a registrant
certifies that it will print the manifest using the same paper type,
paper weight, ink color of the instructions and binding method of the
form samples approved for some other registrant). A registrant may
request an exemption from EPA by indicating why an exemption is
warranted.
(k) An approved registrant must notify EPA by phone or email as soon
as it becomes aware that it has duplicated tracking numbers on any
manifests that have been used or distributed to other parties.
(l) If, subsequent to approval of a registrant under paragraph (e)
of this section, EPA becomes aware that the approved paper type, paper
weight, ink color of the instructions, or binding method of the
registrant's form is unsatisfactory, EPA will contact the registrant and
require modifications to the form.
(m)(1) EPA may suspend and, if necessary, revoke printing privileges
if we find that the registrant:
(i) Has used or distributed forms that deviate from its approved
form samples in regard to paper weight, paper type, ink color of the
instructions, or binding method; or
(ii) Exhibits a continuing pattern of behavior in using or
distributing manifests that contain duplicate manifest tracking numbers.
(2) EPA will send a warning letter to the registrant that specifies
the date by which it must come into compliance with the requirements. If
the registrant does not come in compliance by the specified date, EPA
will send a second letter notifying the registrant that EPA has
suspended or revoked its printing privileges. An approved registrant
must provide information on its printing activities to EPA if requested.
[70 FR 10815, Mar. 4, 2005, as amended at 74 FR 30230, June 25, 2009; 76
FR 36366, June 22, 2011]
Sec. 262.22 Number of copies.
The manifest consists of at least the number of copies which will
provide the generator, each transporter, and the owner or operator of
the designated facility with one copy each for their records and another
copy to be returned to the generator.
Sec. 262.23 Use of the manifest.
(a) The generator must:
(1) Sign the manifest certification by hand; and
(2) Obtain the handwritten signature of the initial transporter and
date of acceptance on the manifest; and
(3) Retain one copy, in accordance with Sec. 262.40(a).
[[Page 294]]
(b) The generator must give the transporter the remaining copies of
the manifest.
(c) For shipments of hazardous waste within the United States solely
by water (bulk shipments only), the generator must send three copies of
the manifest dated and signed in accordance with this section to the
owner or operator of the designated facility or the last water (bulk
shipment) transporter to handle the waste in the United States if
exported by water. Copies of the manifest are not required for each
transporter.
(d) For rail shipments of hazardous waste within the United States
which originate at the site of generation, the generator must send at
least three copies of the manifest dated and signed in accordance with
this section to:
(1) The next non-rail transporter, if any; or
(2) The designated facility if transported solely by rail; or
(3) The last rail transporter to handle the waste in the United
States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an
authorized State which has not yet obtained authorization to regulate
that particular waste as hazardous, the generator must assure that the
designated facility agrees to sign and return the manifest to the
generator, and that any out-of-state transporter signs and forwards the
manifest to the designated facility.
Note: See Sec. 263.20(e) and (f) for special provisions for rail or
water (bulk shipment) transporters.
(f) For rejected shipments of hazardous waste or container residues
contained in non-empty containers that are returned to the generator by
the designated facility (following the procedures of 40 CFR 264.72(f) or
265.72(f)), the generator must:
(1) Sign either:
(i) Item 20 of the new manifest if a new manifest is used for the
returned shipment; or
(ii) Item 18c of the original manifest if the original manifest is
used for the returned shipment;
(2) Provide the transporter a copy of the manifest;
(3) Within 30 days of delivery of the rejected shipment or container
residues contained in non-empty containers, send a copy of the manifest
to the designated facility that returned the shipment to the generator;
and
(4) Retain at the generator's site a copy of each manifest for at
least three years from the date of delivery.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55
FR 2354, Jan. 23, 1990; 75 FR 13004, Mar. 18, 2010]
Sec. 262.24 Use of the electronic manifest.
(a) Legal equivalence to paper manifests. Electronic manifests that
are obtained, completed, and transmitted in accordance with
Sec. 262.20(a)(3), and used in accordance with this section in lieu of
EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper
manifest forms bearing handwritten signatures, and satisfy for all
purposes any requirement in these regulations to obtain, complete, sign,
provide, use, or retain a manifest.
(1) Any requirement in these regulations to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature, is
satisfied by signing with or obtaining a valid and enforceable
electronic signature within the meaning of 262.25.
(2) Any requirement in these regulations to give, provide, send,
forward, or return to another person a copy of the manifest is satisfied
when an electronic manifest is transmitted to the other person by
submission to the system.
(3) Any requirement in these regulations for a generator to keep or
retain a copy of each manifest is satisfied by retention of a signed
electronic manifest in the generator's account on the national e-
Manifest system, provided that such copies are readily available for
viewing and production if requested by any EPA or authorized state
inspector.
(4) No generator may be held liable for the inability to produce an
electronic manifest for inspection under this section if the generator
can demonstrate that the inability to produce the electronic manifest is
due exclusively to a technical difficulty with the electronic manifest
system for which the generator bears no responsibility.
[[Page 295]]
(b) A generator may participate in the electronic manifest system
either by accessing the electronic manifest system from its own
electronic equipment, or by accessing the electronic manifest system
from portable equipment brought to the generator's site by the
transporter who accepts the hazardous waste shipment from the generator
for off-site transportation.
(c) Restriction on use of electronic manifests. A generator may
prepare an electronic manifest for the tracking of hazardous waste
shipments involving any RCRA hazardous waste only if it is known at the
time the manifest is originated that all waste handlers named on the
manifest participate in the electronic manifest system.
(d) Requirement for one printed copy. To the extent the Hazardous
Materials regulation on shipping papers for carriage by public highway
requires shippers of hazardous materials to supply a paper document for
compliance with 49 CFR 177.817, a generator originating an electronic
manifest must also provide the initial transporter with one printed copy
of the electronic manifest.
(e) Special procedures when electronic manifest is unavailable. If a
generator has prepared an electronic manifest for a hazardous waste
shipment, but the electronic manifest system becomes unavailable for any
reason prior to the time that the initial transporter has signed
electronically to acknowledge the receipt of the hazardous waste from
the generator, then the generator must obtain and complete a paper
manifest and if necessary, a continuation sheet (EPA Forms 8700-22 and
8700-22A) in accordance with the manifest instructions in the appendix
to this part, and use these paper forms from this point forward in
accordance with the requirements of Sec. 262.23.
(f) Special procedures for electronic signature methods undergoing
tests. If a generator has prepared an electronic manifest for a
hazardous waste shipment, and signs this manifest electronically using
an electronic signature method which is undergoing pilot or
demonstration tests aimed at demonstrating the practicality or legal
dependability of the signature method, then the generator shall also
sign with an ink signature the generator/offeror certification on the
printed copy of the manifest provided under paragraph (d) of this
section.
(g) Imposition of user fee. A generator who is a user of the
electronic manifest may be assessed a user fee by EPA for the
origination of each electronic manifest. EPA shall maintain and update
from time-to-time the current schedule of electronic manifest user fees,
which shall be determined based on current and projected system costs
and level of use of the electronic manifest system. The current schedule
of electronic manifest user fees shall be published as an appendix to
this part.
[79 FR 7558, Feb. 7, 2014]
Effective Date Note: At 79 FR 7558, Feb. 7, 2014, Sec. 262.24 was
added, effective Aug. 6, 2014.
Sec. 262.25 Electronic manifest signatures.
Electronic signature methods for the e-Manifest system shall:
(a) Be a legally valid and enforceable signature under applicable
EPA and other Federal requirements pertaining to electronic signatures;
and
(b) Be a method that is designed and implemented in a manner that
EPA considers to be as cost-effective and practical as possible for the
users of the manifest.
[79 FR 7558, Feb. 7, 2014]
Effective Date Note: At 79 FR 7558, Feb. 7, 2014, Sec. 262.25 was
added, effective Aug. 6, 2014.
Sec. 262.27 Waste minimization certification.
A generator who initiates a shipment of hazardous waste must certify
to one of the following statements in Item 15 of the uniform hazardous
waste manifest:
(a) ``I am a large quantity generator. I have a program in place to
reduce the volume and toxicity of waste generated to the degree I have
determined to be economically practicable and I have selected the
practicable method of treatment, storage, or disposal currently
available to me which minimizes the present and future threat to human
health and the environment;'' or
[[Page 296]]
(b) ``I am a small quantity generator. I have made a good faith
effort to minimize my waste generation and select the best waste
management method that is available to me and that I can afford.''
[70 FR 10817, Mar. 4, 2005]
Subpart C_Pre-Transport Requirements
Sec. 262.30 Packaging.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must package the waste in
accordance with the applicable Department of Transportation regulations
on packaging under 49 CFR parts 173, 178, and 179.
Sec. 262.31 Labeling.
Before transporting or offering hazardous waste for transportation
off-site, a generator must label each package in accordance with the
applicable Department of Transportation regulations on hazardous
materials under 49 CFR part 172.
Sec. 262.32 Marking.
(a) Before transporting or offering hazardous waste for
transportation off-site, a generator must mark each package of hazardous
waste in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR part 172;
(b) Before transporting hazardous waste or offering hazardous waste
for transportation off-site, a generator must mark each container of 119
gallons or less used in such transportation with the following words and
information in accordance with the requirements of 49 CFR 172.304:
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found,
contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
Generator's Name and Address _____.
Generator's EPA Identification Number
_____.
Manifest Tracking Number _____.
[45 FR 33142, May 19, 1980, as amended at 70 FR 10817, Mar. 4, 2005]
Sec. 262.33 Placarding.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must placard or offer the initial
transporter the appropriate placards according to Department of
Transportation regulations for hazardous materials under 49 CFR part
172, subpart F.
[70 FR 35037, June 16, 2005]
Sec. 262.34 Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this
section, a generator may accumulate hazardous waste on-site for 90 days
or less without a permit or without having interim status, provided
that:
(1) The waste is placed:
(i) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
(ii) In tanks and the generator complies with the applicable
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except
Secs. 265.197(c) and 265.200; and/or
(iii) On drip pads and the generator complies with subpart W of 40
CFR part 265 and maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that
all wastes are removed from the drip pad and associated collection
system at least once every 90 days; and
(B) Documentation of each waste removal, including the quantity of
waste removed from the drip pad and the sump or collection system and
the date and time of removal; and/or
(iv) In containment buildings and the generator complies with
subpart DD of 40 CFR part 265, has placed its professional engineer
certification that the building complies with the design standards
specified in 40 CFR 265.1101 in the facility's operating record no later
than 60 days after the date of initial operation of the unit. After
February 18, 1993, PE certification will be required prior to operation
of the unit. The owner or operator shall maintain the following records
at the facility:
(A) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90
[[Page 297]]
days, a written description of the waste generation and management
practices for the facility showing that they are consistent with
respecting the 90 day limit, and documentation that the procedures are
complied with; or
(B) Documentation that the unit is emptied at least once every 90
days.
In addition, such a generator is exempt from all the requirements in
subparts G and H of 40 CFR part 265, except for Secs. 265.111 and
265.114.
(2) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container;
(3) While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, ``Hazardous Waste''; and
(4) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR part 265, with Sec. 265.16, and
with all applicable requirements under 40 CFR part 268.
(b) A generator of 1,000 kilograms or greater of hazardous waste in
a calendar month, or greater than 1 kg of acute hazardous waste listed
in Secs. 261.31 or 261.33(e) in a calendar month, who accumulates
hazardous waste or acute hazardous waste for more than 90 days is an
operator of a storage facility and is subject to the requirements of 40
CFR parts 264, 265, and 267 and the permit requirements of 40 CFR part
270 unless he has been granted an extension to the 90-day period. Such
extension may be granted by EPA if hazardous wastes must remain on-site
for longer than 90 days due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
(c)(1) A generator may accumulate as much as 55 gallons of hazardous
waste or one quart of acutely hazardous waste listed in Sec. 261.31 or
Sec. 261.33(e) in containers at or near any point of generation where
wastes initially accumulate which is under the control of the operator
of the process generating the waste, without a permit or interim status
and without complying with paragraph (a) or (d) of this section provided
he:
(i) Complies with Secs. 265.171, 265.172, and 265.173(a) of this
chapter; and
(ii) Marks his containers either with the words ``Hazardous Waste''
or with other words that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely
hazardous waste listed in Sec. 261.31 or Sec. 261.33(e) in excess of the
amounts listed in paragraph (c)(1) of this section at or near any point
of generation must, with respect to that amount of excess waste, comply
within three days with paragraph (a) of this section or other applicable
provisions of this chapter. During the three day period the generator
must continue to comply with paragraphs (c)(1)(i) and (ii) of this
section. The generator must mark the container holding the excess
accumulation of hazardous waste with the date the excess amount began
accumulating.
(d) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste on-site for 180 days or less without a permit
or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000
kilograms;
(2) The generator complies with the requirements of subpart I of
part 265 of this chapter, except for Secs. 265.176 and 265.178;
(3) The generator complies with the requirements of Sec. 265.201 in
subpart J of part 265;
(4) The generator complies with the requirements of paragraphs
(a)(2) and (a)(3) of this section, the requirements of subpart C of part
265, with all applicable requirements under 40 CFR part 268; and
(5) The generator complies with the following requirements:
(i) At all times there must be at least one employee either on the
premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures
specified in paragraph (d)(5)(iv) of this section. This employee is the
emergency coordinator.
[[Page 298]]
(ii) The generator must post the following information next to the
telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and,
if present, fire alarm; and
(C) The telephone number of the fire department, unless the facility
has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures, relevant
to their responsibilities during normal facility operations and
emergencies;
(iv) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to
the extent possible, and as soon as is practicable, clean up the
hazardous waste and any contaminated materials or soil;
(C) In the event of a fire, explosion, or other release which could
threaten human health outside the facility or when the generator has
knowledge that a spill has reached surface water, the generator must
immediately notify the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include the following
information:
(1) The name, address, and U.S. EPA Identification Number of the
generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if
any.
(e) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who must
transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more for off-site treatment, storage or
disposal may accumulate hazardous waste on-site for 270 days or less
without a permit or without having interim status provided that he
complies with the requirements of paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who
accumulates hazardous waste in quantities exceeding 6000 kg or
accumulates hazardous waste for more than 180 days (or for more than 270
days if he must transport his waste, or offer his waste for
transportation, over a distance of 200 miles or more) is an operator of
a storage facility and is subject to the requirements of 40 CFR parts
264, 265 and 267, and the permit requirements of 40 CFR part 270 unless
he has been granted an extension to the 180-day (or 270-day if
applicable) period. Such extension may be granted by EPA if hazardous
wastes must remain on-site for longer than 180 days (or 270 days if
applicable) due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
(g) A generator who generates 1,000 kilograms or greater of
hazardous waste per calendar month who also generates wastewater
treatment sludges from electroplating operations that meet the listing
description for the RCRA hazardous waste code F006, may accumulate F006
waste on-site for more than 90 days, but not more than 180 days without
a permit or without having interim status provided that:
(1) The generator has implemented pollution prevention practices
that reduce the amount of any hazardous substances, pollutants or
contaminants entering F006 or otherwise released to the environment
prior to its recycling;
(2) The F006 waste is legitimately recycled through metals recovery;
(3) No more than 20,000 kilograms of F006 waste is accumulated on-
site at any one time; and
(4) The F006 waste is managed in accordance with the following:
(i) The F006 waste is placed:
(A) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
[[Page 299]]
(B) In tanks and the generator complies with the applicable
requirements of subparts J, AA, BB, and CC of 40 CFR part 265, except
Secs. 265.197(c) and 265.200; and/or
(C) In containment buildings and the generator complies with subpart
DD of 40 CFR part 265, and has placed its professional engineer
certification that the building complies with the design standards
specified in 40 CFR 265.1101 in the facility's operating record prior to
operation of the unit. The owner or operator must maintain the following
records at the facility:
(1) A written description of procedures to ensure that the F006
waste remains in the unit for no more than 180 days, a written
description of the waste generation and management practices for the
facility showing that they are consistent with the 180-day limit, and
documentation that the generator is complying with the procedures; or
(2) Documentation that the unit is emptied at least once every 180
days.
(ii) In addition, such a generator is exempt from all the
requirements in subparts G and H of 40 CFR part 265, except for
Secs. 265.111 and 265.114.
(iii) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container;
(iv) While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, ``Hazardous Waste;'' and
(v) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR part 265, with 40 CFR 265.16,
and with 40 CFR 268.7(a)(5).
(h) A generator who generates 1,000 kilograms or greater of
hazardous waste per calendar month who also generates wastewater
treatment sludges from electroplating operations that meet the listing
description for the RCRA hazardous waste code F006, and who must
transport this waste, or offer this waste for transportation, over a
distance of 200 miles or more for off-site metals recovery, may
accumulate F006 waste on-site for more than 90 days, but not more than
270 days without a permit or without having interim status if the
generator complies with the requirements of paragraphs (g)(1) through
(g)(4) of this section.
(i) A generator accumulating F006 in accordance with paragraphs (g)
and (h) of this section who accumulates F006 waste on-site for more than
180 days (or for more than 270 days if the generator must transport this
waste, or offer this waste for transportation, over a distance of 200
miles or more), or who accumulates more than 20,000 kilograms of F006
waste on-site is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264, 265 and 267, and the permit
requirements of 40 CFR part 270 unless the generator has been granted an
extension to the 180-day (or 270-day if applicable) period or an
exception to the 20,000 kilogram accumulation limit. Such extensions and
exceptions may be granted by EPA if F006 waste must remain on-site for
longer than 180 days (or 270 days if applicable) or if more than 20,000
kilograms of F006 waste must remain on-site due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to 30
days or an exception to the accumulation limit may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
(j) A member of the Performance Track Program who generates 1000 kg
or greater of hazardous waste per month (or one kilogram or more of
acute hazardous waste) may accumulate hazardous waste on-site without a
permit or interim status for an extended period of time, provided that:
(1) The generator accumulates the hazardous waste for no more than
180 days, or for no more than 270 days if the generator must transport
the waste (or offer the waste for transport) more than 200 miles from
the generating facility; and
(2) The generator first notifies the Regional Administrator and the
Director of the authorized State in writing of its intent to begin
accumulation of hazardous waste for extended time periods under the
provisions of this section. Such advance notice must include:
(i) Name and EPA ID number of the facility, and specification of
when the facility will begin accumulation of hazardous wastes for
extended periods of
[[Page 300]]
time in accordance with this section; and
(ii) A description of the types of hazardous wastes that will be
accumulated for extended periods of time, and the units that will be
used for such extended accumulation; and
(iii) A Statement that the facility has made all changes to its
operations, procedures, including emergency preparedness procedures, and
equipment, including equipment needed for emergency preparedness, that
will be necessary to accommodate extended time periods for accumulating
hazardous wastes; and
(iv) If the generator intends to accumulate hazardous wastes on-site
for up to 270 days, a certification that a facility that is permitted
(or operating under interim status) under part 270 of this chapter to
receive these wastes is not available within 200 miles of the generating
facility; and
(3) The waste is managed in:
(i) Containers, in accordance with the applicable requirements of
subparts I, AA, BB, and CC of 40 CFR part 265 and 40 CFR 264.175; or
(ii) Tanks, in accordance with the applicable requirements of
subparts J, AA, BB, and CC of 40 CFR part 265, except for
Secs. 265.197(c) and 265.200; or
(iii) Drip pads, in accordance with subpart W of 40 CFR part 265; or
(iv) Containment buildings, in accordance with subpart DD of 40 CFR
part 265; and
(4) The quantity of hazardous waste that is accumulated for extended
time periods at the facility does not exceed 30,000 kg; and
(5) The generator maintains the following records at the facility
for each unit used for extended accumulation times:
(i) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 180 days (or 270 days, as
applicable), a description of the waste generation and management
practices at the facility showing that they are consistent with the
extended accumulation time limit, and documentation that the procedures
are complied with; or
(ii) Documentation that the unit is emptied at least once every 180
days (or 270 days, if applicable); and
(6) Each container or tank that is used for extended accumulation
time periods is labeled or marked clearly with the words ``Hazardous
Waste,'' and for each container the date upon which each period of
accumulation begins is clearly marked and visible for inspection; and
(7) The generator complies with the requirements for owners and
operators in 40 CFR part 265, with Sec. 265.16, and with
Sec. 268.7(a)(5). In addition, such a generator is exempt from all the
requirements in subparts G and H of part 265, except for Secs. 265.111
and 265.114; and
(8) The generator has implemented pollution prevention practices
that reduce the amount of any hazardous substances, pollutants, or
contaminants released to the environment prior to its recycling,
treatment, or disposal; and
(9) The generator includes the following with its Performance Track
Annual Performance Report, which must be submitted to the Regional
Administrator and the Director of the authorized State:
(i) Information on the total quantity of each hazardous waste
generated at the facility that has been managed in the previous year
according to extended accumulation time periods; and
(ii) Information for the previous year on the number of off-site
shipments of hazardous wastes generated at the facility, the types and
locations of destination facilities, how the wastes were managed at the
destination facilities (e.g., recycling, treatment, storage, or
disposal), and what changes in on-site or off-site waste management
practices have occurred as a result of extended accumulation times or
other pollution prevention provisions of this section; and
(iii) Information for the previous year on any hazardous waste
spills or accidents occurring at extended accumulation units at the
facility, or during off-site transport of accumulated wastes; and
(iv) If the generator intends to accumulate hazardous wastes on-site
for up to 270 days, a certification that a facility that is permitted
(or operating under interim status) under part 270 of this chapter to
receive these wastes is
[[Page 301]]
not available within 200 miles of the generating facility; and
(k) If hazardous wastes must remain on-site at a Performance Track
member facility for longer than 180 days (or 270 days, if applicable)
due to unforseen, temporary, and uncontrollable circumstances, an
extension to the extended accumulation time period of up to 30 days may
be granted at the discretion of the Regional Administrator on a case-by-
case basis.
(l) If a generator who is a member of the Performance Track Program
withdraws from the Performance Track Program, or if the Regional
Administrator terminates a generator's membership, the generator must
return to compliance with all otherwise applicable hazardous waste
regulations as soon as possible, but no later than six months after the
date of withdrawal or termination.
(m) A generator who sends a shipment of hazardous waste to a
designated facility with the understanding that the designated facility
can accept and manage the waste and later receives that shipment back as
a rejected load or residue in accordance with the manifest discrepancy
provisions of Sec. 264.72 or Sec. 265.72 of this chapter may accumulate
the returned waste on-site in accordance with paragraphs (a) and (b) or
(d), (e) and (f) of this section, depending on the amount of hazardous
waste on-site in that calendar month. Upon receipt of the returned
shipment, the generator must:
(1) Sign Item 18c of the manifest, if the transporter returned the
shipment using the original manifest; or
(2) Sign Item 20 of the manifest, if the transporter returned the
shipment using a new manifest.
[47 FR 1251, Jan. 11, 1982]
Editorial Note: For Federal Register citations affecting
Sec. 262.34, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Subpart D_Recordkeeping and Reporting
Sec. 262.40 Recordkeeping.
(a) A generator must keep a copy of each manifest signed in
accordance with Sec. 262.23(a) for three years or until he receives a
signed copy from the designated facility which received the waste. This
signed copy must be retained as a record for at least three years from
the date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each Biennial Report and
Exception Report for a period of at least three years from the due date
of the report.
(c) A generator must keep records of any test results, waste
analyses, or other determinations made in accordance with Sec. 262.11
for at least three years from the date that the waste was last sent to
on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983]
Sec. 262.41 Biennial report.
(a) A generator who ships any hazardous waste off-site to a
treatment, storage or disposal facility within the United States must
prepare and submit a single copy of a Biennial Report to the Regional
Administrator by March 1 of each even numbered year. The Biennial Report
must be submitted on EPA Form 8700-13A, must cover generator activities
during the previous year, and must include the following information:
(1) The EPA identification number, name, and address of the
generator;
(2) The calendar year covered by the report;
(3) The EPA identification number, name, and address for each off-
site treatment, storage, or disposal facility in the United States to
which waste was shipped during the year;
(4) The name and EPA identification number of each transporter used
during the reporting year for shipments to a treatment, storage or
disposal facility within the United States;
(5) A description, EPA hazardous waste number (from 40 CFR part 261,
subpart C or D), DOT hazard class, and quantity of each hazardous waste
shipped off-site for shipments to a
[[Page 302]]
treatment, storage or disposal facility within the United States. This
information must be listed by EPA identification number of each such
off-site facility to which waste was shipped.
(6) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated.
(7) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for years prior to 1984.
(8) The certification signed by the generator or authorized
representative.
(b) Any generator who treats, stores, or disposes of hazardous waste
on-site must submit a biennial report covering those wastes in
accordance with the provisions of 40 CFR parts 270, 264, 265, 266, and
267. Reporting for exports of hazardous waste is not required on the
Biennial Report form. A separate annual report requirement is set forth
at 40 CFR 262.56.
[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 28746, July 15, 1985; 51 FR 28682, Aug. 8, 1986; 75 FR 13005, Mar.
18, 2010]
Sec. 262.42 Exception reporting.
(a)(1) A generator of 1,000 kilograms or greater of hazardous waste
in a calendar month, or greater than 1 kg of acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) in a calendar month, who does
not receive a copy of the manifest with the handwritten signature of the
owner or operator of the designated facility within 35 days of the date
the waste was accepted by the initial transporter must contact the
transporter and/or the owner or operator of the designated facility to
determine the status of the hazardous waste.
(2) A generator of 1,000 kilograms or greater of hazardous waste in
a calendar month, or greater than 1 kg of acute hazardous waste listed
in Sec. 261.31or Sec. 261.33(e) in a calendar month, must submit an
Exception Report to the EPA Regional Administrator for the Region in
which the generator is located if he has not received a copy of the
manifest with the handwritten signature of the owner or operator of the
designated facility within 45 days of the date the waste was accepted by
the initial transporter. The Exception Report must include:
(i) A legible copy of the manifest for which the generator does not
have confirmation of delivery;
(ii) A cover letter signed by the generator or his authorized
representative explaining the efforts taken to locate the hazardous
waste and the results of those efforts.
(b) A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month who does not receive a
copy of the manifest with the handwritten signature of the owner or
operator of the designated facility within 60 days of the date the waste
was accepted by the initial transporter must submit a legible copy of
the manifest, with some indication that the generator has not received
confirmation of delivery, to the EPA Regional Administrator for the
Region in which the generator is located.
Note: The submission to EPA need only be a handwritten or typed note
on the manifest itself, or on an attached sheet of paper, stating that
the return copy was not received.
(c) For rejected shipments of hazardous waste or container residues
contained in non-empty containers that are forwarded to an alternate
facility by a designated facility using a new manifest (following the
procedures of 40 CFR 264.72(e)(1) through (6) or 40 CFR 265.72(e)(1)
through (6)), the generator must comply with the requirements of
paragraph (a) or (b) of this section, as applicable, for the shipment
forwarding the material from the designated facility to the alternate
facility instead of for the shipment from the generator to the
designated facility. For purposes of paragraph (a) or (b) of this
section for a shipment forwarding such waste to an alternate facility by
a designated facility:
(1) The copy of the manifest received by the generator must have the
handwritten signature of the owner or operator of the alternate facility
in place of the signature of the owner or operator of the designated
facility, and
(2) The 35/45/60-day timeframes begin the date the waste was
accepted by the
[[Page 303]]
initial transporter forwarding the hazardous waste shipment from the
designated facility to the alternate facility.
[52 FR 35898, Sept. 23, 1987, as amended at 75 FR 13005, Mar. 18, 2010]
Sec. 262.43 Additional reporting.
The Administrator, as he deems necessary under sections 2002(a) and
3002(6) of the Act, may require generators to furnish additional reports
concerning the quantities and disposition of wastes identified or listed
in 40 CFR part 261.
Sec. 262.44 Special requirements for generators of between 100
and 1000 kg/mo.
A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month is subject only to the
following requirements in this subpart:
(a) Section 262.40(a), (c), and (d), recordkeeping;
(b) Section 262.42(b), exception reporting; and
(c) Section 262.43, additional reporting.
[52 FR 35899, Sept. 23, 1987]
Subpart E_Exports of Hazardous Waste
Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.
Sec. 262.50 Applicability.
This subpart establishes requirements applicable to exports of
hazardous waste. Except to the extent Sec. 262.58 provides otherwise, a
primary exporter of hazardous waste must comply with the special
requirements of this subpart and a transporter transporting hazardous
waste for export must comply with applicable requirements of part 263.
Section 262.58 sets forth the requirements of international agreements
between the United States and receiving countries which establish
different notice, export, and enforcement procedures for the
transportation, treatment, storage and disposal of hazardous waste for
shipments between the United States and those countries.
Sec. 262.51 Definitions.
In addition to the definitions set forth at 40 CFR 260.10, the
following definitions apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility
in a receiving country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the
U.S. Embassy in a receiving country that acknowledges the written
consent of the receiving country to accept the hazardous waste and
describes the terms and conditions of the receiving country's consent to
the shipment.
Primary Exporter means any person who is required to originate the
manifest for a shipment of hazardous waste in accordance with 40 CFR
part 262, subpart B, or equivalent State provision, which specifies a
treatment, storage, or disposal facility in a receiving country as the
facility to which the hazardous waste will be sent and any intermediary
arranging for the export.
Receiving country means a foreign country to which a hazardous waste
is sent for the purpose of treatment, storage or disposal (except short-
term storage incidental to transportation).
Transit country means any foreign country, other than a receiving
country, through which a hazardous waste is transported.
[53 FR 27164, July 19, 1988]
Sec. 262.52 General requirements.
Exports of hazardous waste are prohibited except in compliance with
the applicable requirements of this subpart and part 263. Exports of
hazardous waste are prohibited unless:
(a) Notification in accordance with Sec. 262.53 has been provided;
(b) The receiving country has consented to accept the hazardous
waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment
accompanies the hazardous waste shipment and, unless exported by rail,
is attached to the manifest (or shipping paper for exports by water
(bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the
receiving country's written consent as reflected
[[Page 304]]
in the EPA Acknowledgment of Consent.
Sec. 262.53 Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an
intended export before such waste is scheduled to leave the United
States. A complete notification should be submitted sixty (60) days
before the initial shipment is intended to be shipped off site. This
notification may cover export activities extending over a twelve (12)
month or lesser period. The notification must be in writing, signed by
the primary exporter, and include the following information:
(1) Name, mailing address, telephone number and EPA ID number of the
primary exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste
number (from 40 CFR part 261, subparts C and D), U.S. DOT proper
shipping name, hazard class and ID number (UN/NA) for each hazardous
waste as identified in 49 CFR parts 171 through 177;
(ii) The estimated frequency or rate at which such waste is to be
exported and the period of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units
as specified in the instructions to the Uniform Hazardous Waste Manifest
Form (8700-22);
(iv) All points of entry to and departure from each foreign country
through which the hazardous waste will pass;
(v) A description of the means by which each shipment of the
hazardous waste will be transported (e.g., mode of transportation
vehicle (air, highway, rail, water, etc.), type(s) of container (drums,
boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will
be treated, stored or disposed of in the receiving country (e.g., land
or ocean incineration, other land disposal, ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate
consignee; and
(viii) The name of any transit countries through which the hazardous
waste will be sent and a description of the approximate length of time
the hazardous waste will remain in such country and the nature of its
handling while there;
(b) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division
(2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Hand-delivered notifications should be sent to:
Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division, Environmental
Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and
Pennsylvania Ave., NW., Washington, DC 20004. In both cases, the
following shall be prominently displayed on the front of the envelope:
``Attention: Notification of Intent to Export.''.
(c) Except for changes to the telephone number in paragraph (a)(1)
of this section, changes to paragraph (a)(2)(v) of this section and
decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of
this section when the conditions specified on the original notification
change (including any exceedance of the estimate of the quantity of
hazardous waste specified in the original notification), the primary
exporter must provide EPA with a written renotification of the change.
The shipment cannot take place until consent of the receiving country to
the changes (except for changes to paragraph (a)(2)(viii) of this
section and in the ports of entry to and departure from transit
countries pursuant to paragraph (a)(2)(iv) of this section) has been
obtained and the primary exporter receives an EPA Acknowledgment of
Consent reflecting the receiving country's consent to the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.
(e) In conjunction with the Department of State, EPA will provide a
complete notification to the receiving country and any transit
countries. A
[[Page 305]]
notification is complete when EPA receives a notification which EPA
determines satisfies the requirements of paragraph (a) of this section.
Where a claim of confidentiality is asserted with respect to any
notification information required by paragraph (a) of this section, EPA
may find the notification not complete until any such claim is resolved
in accordance with 40 CFR 260.2.
(f) Where the receiving country consents to the receipt of the
hazardous waste, EPA will forward an EPA Acknowledgment of Consent to
the primary exporter for purposes of Sec. 262.54(h). Where the receiving
country objects to receipt of the hazardous waste or withdraws a prior
consent, EPA will notify the primary exporter in writing. EPA will also
notify the primary exporter of any responses from transit countries.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996; 71 FR 40271, July 14, 2006]
Sec. 262.54 Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40
CFR 262.20 through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the
designated permitted facility, the primary exporter must enter the name
and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a
permitted alternate facility, the primary exporter may enter the name
and site address of any alternate consignee.
(c) In the International Shipments block, the primary exporter must
check the export box and enter the point of exit (city and State) from
the United States.
(d) The following statement must be added to the end of the first
sentence of the certification set forth in Item 16 of the Uniform
Hazardous Waste Manifest Form: ``and conforms to the terms of the
attached EPA Acknowledgment of Consent'';
(e) The primary exporter may obtain the manifest from any source
that is registered with the U.S. EPA as a supplier of manifests (e.g.,
states, waste handlers, and/or commercial forms printers).
(f) The primary exporter must require the consignee to confirm in
writing the delivery of the hazardous waste to that facility and to
describe any significant discrepancies (as defined in 40 CFR 264.72(a))
between the manifest and the shipment. A copy of the manifest signed by
such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of Sec. 262.20(d), where a shipment
cannot be delivered for any reason to the designated or alternate
consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original
notification to allow shipment to a new consignee in accordance with
Sec. 262.53(c) and obtain an EPA Acknowledgment of Consent prior to
delivery; or
(2) Instruct the transporter to return the waste to the primary
exporter in the United States or designate another facility within the
United States; and
(3) Instruct the transporter to revise the manifest in accordance
with the primary exporter's instructions.
(h) The primary exporter must attach a copy of the EPA
Acknowledgment of Consent to the shipment to the manifest which must
accompany the hazardous waste shipment. For exports by rail or water
(bulk shipment), the primary exporter must provide the transporter with
an EPA Acknowledgment of Consent which must accompany the hazardous
waste but which need not be attached to the manifest except that for
exports by water (bulk shipment) the primary exporter must attach the
copy of the EPA Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall provide the transporter with an
additional copy of the manifest for delivery to the U.S. Customs
official at the point the hazardous waste leaves the United States in
accordance with Sec. 263.20(g)(4).
[51 FR 28682, Aug. 8, 1986, as amended at 70 FR 10818, Mar. 4, 2005]
[[Page 306]]
Sec. 262.55 Exception reports.
In lieu of the requirements of Sec. 262.42, a primary exporter must
file an exception report with the Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, if any of the following
occurs:
(a) He has not received a copy of the manifest signed by the
transporter stating the date and place of departure from the United
States within forty-five (45) days from the date it was accepted by the
initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the primary exporter has not received written
confirmation from the consignee that the hazardous waste was received;
(c) The waste is returned to the United States.
[51 FR 28682, Aug. 8, 1986, as amended at 75 FR 1253, Jan. 8, 2010]
Sec. 262.56 Annual reports.
(a) Primary exporters of hazardous waste shall file with the
Administrator no later than March 1 of each year, a report summarizing
the types, quantities, frequency, and ultimate destination of all
hazardous waste exported during the previous calendar year. Such reports
shall include the following:
(1) The EPA identification number, name, and mailing and site
address of the exporter;
(2) The calendar year covered by the report;
(3) The name and site address of each consignee;
(4) By consignee, for each hazardous waste exported, a description
of the hazardous waste, the EPA hazardous waste number (from 40 CFR part
261, subpart C or D), DOT hazard class, the name and US EPA ID number
(where applicable) for each transporter used, the total amount of waste
shipped and number of shipments pursuant to each notification;
(5) Except for hazardous waste produced by exporters of greater than
100 kg but less than 1000 kg in a calendar month, unless provided
pursuant to Sec. 262.41, in even numbered years:
(i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for years prior to 1984.
(6) A certification signed by the primary exporter which states:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this 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.
(b) Annual reports submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division
(2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Hand-delivered reports should be sent to: Office
of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division, Environmental Protection
Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave.,
NW., Washington, DC 20004.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996; 71 FR 40271, July 14, 2006]
Sec. 262.57 Recordkeeping.
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of intent to export for a
period of at least three years from the date the hazardous waste was
accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period
of at least three years from the date the hazardous waste was accepted
by the initial transporter;
[[Page 307]]
(3) Keep a copy of each confirmation of delivery of the hazardous
waste from the consignee for at least three years from the date the
hazardous waste was accepted by the initial transporter; and
(4) Keep a copy of each annual report for a period of at least three
years from the due date of the report.
(b) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
Sec. 262.58 International agreements.
(a) Any person who exports or imports wastes that are considered
hazardous under U.S. national procedures to or from designated Member
countries of the Organization for Economic Cooperation and Development
(OECD) as defined in paragraph (a)(1) of this section for purposes of
recovery is subject to subpart H of this part. The requirements of
subparts E and F of this part do not apply to such exports and imports.
A waste is considered hazardous under U.S. national procedures if the
waste meets the Federal definition of hazardous waste in 40 CFR 261.3
and is subject to either the Federal RCRA manifesting requirements at 40
CFR part 262, subpart B, the universal waste management standards of 40
CFR part 273, State requirements analogous to 40 CFR part 273, the
export requirements in the spent lead-acid battery management standards
of 40 CFR part 266, subpart G, or State requirements analogous to the
export requirements in 40 CFR part 266, subpart G.
(1) For the purposes of subpart H, the designated OECD Member
countries consist of Australia, Austria, Belgium, the Czech Republic,
Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland,
Portugal, the Republic of Korea, the Slovak Republic, Spain, Sweden,
Switzerland, Turkey, the United Kingdom, and the United States.
(2) For the purposes of subpart H of this part, Canada and Mexico
are considered OECD Member countries only for the purpose of transit.
(b) Any person who exports hazardous waste to or imports hazardous
waste from: A designated OECD Member country for purposes other than
recovery (e.g., incineration, disposal), Mexico (for any purpose), or
Canada (for any purpose) remains subject to the requirements of subparts
E and F of this part, and is not subject to the requirements of subpart
H of this part.
[75 FR 1253, Jan. 8, 2010]
Subpart F_Imports of Hazardous Waste
Sec. 262.60 Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country
into the United States must comply with the requirements of this part
and the special requirements of this subpart.
(b) When importing hazardous waste, a person must meet all the
requirements of Sec. 262.20 for the manifest except that:
(1) In place of the generator's name, address and EPA identification
number, the name and address of the foreign generator and the importer's
name, address and EPA identification number must be used.
(2) In place of the generator's signature on the certification
statement, the U.S. importer or his agent must sign and date the
certification and obtain the signature of the initial transporter.
(c) A person who imports hazardous waste may obtain the manifest
form from any source that is registered with the U.S. EPA as a supplier
of manifests (e.g., states, waste handlers, and/or commercial forms
printers).
(d) In the International Shipments block, the importer must check
the import box and enter the point of entry (city and State) into the
United States.
(e) The importer must provide the transporter with an additional
copy of the manifest to be submitted by the receiving facility to U.S.
EPA in accordance with Sec. 264.71(a)(3) and Sec. 265.71(a)(3) of this
chapter.
[51 FR 28685, Aug. 8, 1986, as amended at 70 FR 10818, Mar. 4, 2005; 75
FR 13005, Mar. 18, 2010]
[[Page 308]]
Subpart G_Farmers
Sec. 262.70 Farmers.
A farmer disposing of waste pesticides from his own use which are
hazardous wastes is not required to comply with the standards in this
part or other standards in 40 CFR parts 264, 265, 268, or 270 for those
wastes provided he triple rinses each emptied pesticide container in
accordance with Sec. 261.7(b)(3) and disposes of the pesticide residues
on his own farm in a manner consistent with the disposal instructions on
the pesticide label.
[53 FR 27165, July 19, 1988, as amended at 71 FR 40271, July 14, 2006]
Subpart H_Transboundary Movements of Hazardous Waste for Recovery Within
the OECD
Source: 75 FR 1253, Jan. 8, 2010, unless otherwise noted.
Sec. 262.80 Applicability.
(a) The requirements of this subpart apply to imports and exports of
wastes that are considered hazardous under U.S. national procedures and
are destined for recovery operations in the countries listed in
Sec. 262.58(a)(1). A waste is considered hazardous under U.S. national
procedures if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR 261.3;
and
(2) Is subject to either the Federal RCRA manifesting requirements
at 40 CFR part 262, subpart B, the universal waste management standards
of 40 CFR part 273, State requirements analogous to 40 CFR part 273, the
export requirements in the spent lead-acid battery management standards
of 40 CFR part 266, subpart G, or State requirements analogous to the
export requirements in 40 CFR part 266, subpart G.
(b) Any person (exporter, importer, or recovery facility operator)
who mixes two or more wastes (including hazardous and non-hazardous
wastes) or otherwise subjects two or more wastes (including hazardous
and non-hazardous wastes) to physical or chemical transformation
operations, and thereby creates a new hazardous waste, becomes a
generator and assumes all subsequent generator duties under RCRA and any
exporter duties, if applicable, under this subpart.
Sec. 262.81 Definitions.
The following definitions apply to this subpart.
Competent authority means the regulatory authority or authorities of
concerned countries having jurisdiction over transboundary movements of
wastes destined for recovery operations.
Countries concerned means the OECD Member countries of export or
import and any OECD Member countries of transit.
Country of export means any designated OECD Member country listed in
Sec. 262.58(a)(1) from which a transboundary movement of hazardous
wastes is planned to be initiated or is initiated.
Country of import means any designated OECD Member country listed in
Sec. 262.58(a)(1) to which a transboundary movement of hazardous wastes
is planned or takes place for the purpose of submitting the wastes to
recovery operations therein.
Country of transit means any designated OECD Member country listed
in Sec. 262.58(a)(1) and (a)(2) other than the country of export or
country of import across which a transboundary movement of hazardous
wastes is planned or takes place.
Exporter means the person under the jurisdiction of the country of
export who has, or will have at the time the planned transboundary
movement commences, possession or other forms of legal control of the
wastes and who proposes transboundary movement of the hazardous wastes
for the ultimate purpose of submitting them to recovery operations. When
the United States (U.S.) is the country of export, exporter is
interpreted to mean a person domiciled in the United States.
Importer means the person to whom possession or other form of legal
control of the waste is assigned at the time the waste is received in
the country of import.
OECD area means all land or marine areas under the national
jurisdiction of any OECD Member country listed in Sec. 262.58. When the
regulations refer to
[[Page 309]]
shipments to or from an OECD Member country, this means OECD area.
OECD means the Organization for Economic Cooperation and
Development.
Recognized trader means a person who, with appropriate authorization
of countries concerned, acts in the role of principal to purchase and
subsequently sell wastes; this person has legal control of such wastes
from time of purchase to time of sale; such a person may act to arrange
and facilitate transboundary movements of wastes destined for recovery
operations.
Recovery facility means a facility which, under applicable domestic
law, is operating or is authorized to operate in the country of import
to receive wastes and to perform recovery operations on them.
Recovery operations means activities leading to resource recovery,
recycling, reclamation, direct re-use or alternative uses, which
include:
R1 Use as a fuel (other than in direct incineration) or other means to
generate energy.
R2 Solvent reclamation/regeneration.
R3 Recycling/reclamation of organic substances which are not used as
solvents.
R4 Recycling/reclamation of metals and metal compounds.
R5 Recycling/reclamation of other inorganic materials.
R6 Regeneration of acids or bases.
R7 Recovery of components used for pollution abatement.
R8 Recovery of components used from catalysts.
R9 Used oil re-refining or other reuses of previously used oil.
R10 Land treatment resulting in benefit to agriculture or ecological
improvement.
R11 Uses of residual materials obtained from any of the operations
numbered R1-R10.
R12 Exchange of wastes for submission to any of the operations numbered
R1-R11.
R13 Accumulation of material intended for any operation numbered R1-
R12.
Transboundary movement means any movement of wastes from an area
under the national jurisdiction of one OECD Member country to an area
under the national jurisdiction of another OECD Member country.
Sec. 262.82 General conditions.
(a) Scope. The level of control for exports and imports of waste is
indicated by assignment of the waste to either a list of wastes subject
to the Green control procedures or a list of wastes subject to the Amber
control procedures and by the national procedures of the United States,
as defined in Sec. 262.80(a). The OECD Green and Amber lists are
incorporated by reference in Sec. 262.89(d).
(1) Listed wastes subject to the Green control procedures. (i) Green
wastes that are not considered hazardous under U.S. national procedures
as defined in Sec. 262.80(a) are subject to existing controls normally
applied to commercial transactions.
(ii) Green wastes that are considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a) are subject to the Amber control
procedures set forth in this subpart.
(2) Listed wastes subject to the Amber control procedures.(i) Amber
wastes that are considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a) are subject to the Amber control procedures
set forth in this subpart.
(ii) Amber wastes that are considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a), are subject to the Amber
control procedures in the United States, even if they are imported to or
exported from a designated OECD Member country listed in
Sec. 262.58(a)(1) that does not consider the waste to be hazardous. In
such an event, the responsibilities of the Amber control procedures
shift as provided:
(A) For U.S. exports, the United States shall issue an
acknowledgement of receipt and assume other responsibilities of the
competent authority of the country of import.
(B) For U.S. imports, the U.S. recovery facility/importer and the
United States shall assume the obligations associated with the Amber
control procedures that normally apply to the exporter and country of
export, respectively.
(iii) Amber wastes that are not considered hazardous under U.S.
national procedures as defined in Sec. 262.80(a), but
[[Page 310]]
are considered hazardous by an OECD Member country are subject to the
Amber control procedures in the OECD Member country that considers the
waste hazardous. All responsibilities of the U.S. importer/exporter
shift to the importer/exporter of the OECD Member country that considers
the waste hazardous unless the parties make other arrangements through
contracts.
Note to paragraph (a)(2):
Some wastes subject to the Amber control procedures are not listed
or otherwise identified as hazardous under RCRA, and therefore are not
subject to the Amber control procedures of this subpart. Regardless of
the status of the waste under RCRA, however, other Federal environmental
statutes (e.g., the Toxic Substances Control Act) restrict certain waste
imports or exports. Such restrictions continue to apply with regard to
this subpart.
(3) Procedures for mixtures of wastes. (i) A Green waste that is
mixed with one or more other Green wastes such that the resulting
mixture is not considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a) shall be subject to the Green control
procedures, provided the composition of this mixture does not impair its
environmentally sound recovery.
Note to paragraph (a)(3)(i):
The regulated community should note that some OECD Member countries
may require, by domestic law, that mixtures of different Green wastes be
subject to the Amber control procedures.
(ii) A Green waste that is mixed with one or more Amber wastes, in
any amount, de minimis or otherwise, or a mixture of two or more Amber
wastes, such that the resulting waste mixture is considered hazardous
under U.S. national procedures as defined in Sec. 262.80(a) are subject
to the Amber control procedures, provided the composition of this
mixture does not impair its environmentally sound recovery.
Note to paragraph (a)(3)(ii):
The regulated community should note that some OECD Member countries
may require, by domestic law, that a mixture of a Green waste and more
than a de minimis amount of an Amber waste or a mixture of two or more
Amber wastes be subject to the Amber control procedures.
(4) Wastes not yet assigned to an OECD waste list are eligible for
transboundary movements, as follows:
(i) If such wastes are considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a), such wastes are subject to the
Amber control procedures.
(ii) If such wastes are not considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a), such wastes are subject to the
Green control procedures.
(b) General conditions applicable to transboundary movements of
hazardous waste: (1) The waste must be destined for recovery operations
at a facility that, under applicable domestic law, is operating or is
authorized to operate in the importing country;
(2) The transboundary movement must be in compliance with applicable
international transport agreements; and
Note to paragraph (b)(2):
These international agreements include, but are not limited to, the
Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention
(1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985),
and RID (1985).
(3) Any transit of waste through a non-OECD Member country must be
conducted in compliance with all applicable international and national
laws and regulations.
(c) Provisions relating to re-export for recovery to a third
country: (1) Re-export of wastes subject to the Amber control procedures
from the United States, as the country of import, to a third country
listed in Sec. 262.58(a)(1) may occur only after an exporter in the
United States provides notification to and obtains consent from the
competent authorities in the third country, the original country of
export, and any transit countries. The notification must comply with the
notice and consent procedures in Sec. 262.83 for all countries concerned
and the original country of export. The competent authorities of the
original country of export, as well as the competent authorities of all
other countries concerned have thirty (30) days to object to the
proposed movement.
(i) The thirty (30) day period begins once the competent authorities
of both the initial country of export and new country of import issue
Acknowledgements of Receipt of the notification.
[[Page 311]]
(ii) The transboundary movement may commence if no objection has
been lodged after the thirty (30) day period has passed or immediately
after written consent is received from all relevant OECD importing and
transit countries.
(2) In the case of re-export of Amber wastes to a country other than
those listed in Sec. 262.58(a)(1), notification to and consent of the
competent authorities of the original OECD Member country of export and
any OECD Member countries of transit is required as specified in
paragraph (c)(1) of this section, in addition to compliance with all
international agreements and arrangements to which the first importing
OECD Member country is a party and all applicable regulatory
requirements for exports from the first country of import.
(d) Duty to return or re-export wastes subject to the Amber control
procedures. When a transboundary movement of wastes subject to the Amber
control procedures cannot be completed in accordance with the terms of
the contract or the consent(s) and alternative arrangements cannot be
made to recover the waste in an environmentally sound manner in the
country of import, the waste must be returned to the country of export
or re-exported to a third country. The provisions of paragraph (c) of
this section apply to any shipments to be re-exported to a third
country. The following provisions apply to shipments to be returned to
the country of export as appropriate:
(1) Return from the United States to the country of export: The U.S.
importer must inform EPA at the specified address in
Sec. 262.83(b)(1)(i) of the need to return the shipment. EPA will then
inform the competent authorities of the countries of export and transit,
citing the reason(s) for returning the waste. The U.S. importer must
complete the return within ninety (90) days from the time EPA informs
the country of export of the need to return the waste, unless informed
in writing by EPA of another timeframe agreed to by the concerned Member
countries. If the return shipment will cross any transit country, the
return shipment may only occur after EPA provides notification to and
obtains consent from the competent authority of the country of transit,
and provides a copy of that consent to the U.S. importer.
(2) Return from the country of import to the United States: The U.S.
exporter must provide for the return of the hazardous waste shipment
within ninety (90) days from the time the country of import informs EPA
of the need to return the waste or such other period of time as the
concerned Member countries agree. The U.S. exporter must submit an
exception report to EPA in accordance with Sec. 262.87(b).
(e) Duty to return wastes subject to the Amber control procedures
from a country of transit. When a transboundary movement of wastes
subject to the Amber control procedures does not comply with the
requirements of the notification and movement documents or otherwise
constitutes illegal shipment, and if alternative arrangements cannot be
made to recover these wastes in an environmentally sound manner, the
waste must be returned to the country of export. The following
provisions apply as appropriate:
(1) Return from the United States (as country of transit) to the
country of export: The U.S. transporter must inform EPA at the specified
address in Sec. 262.83(b)(1)(i) of the need to return the shipment. EPA
will then inform the competent authority of the country of export,
citing the reason(s) for returning the waste. The U.S. transporter must
complete the return within ninety (90) days from the time EPA informs
the country of export of the need to return the waste, unless informed
in writing by EPA of another timeframe agreed to by the concerned Member
countries.
(2) Return from the country of transit to the United States (as
country of export): The U.S. exporter must provide for the return of the
hazardous waste shipment within ninety (90) days from the time the
competent authority of the country of transit informs EPA of the need to
return the waste or such other period of time as the concerned Member
countries agree. The U.S. exporter must submit an exception report to
EPA in accordance with Sec. 262.87(b).
(f) Requirements for wastes destined for and received by R12 and R13
facilities. The transboundary movement of
[[Page 312]]
wastes destined for R12 and R13 operations must comply with all Amber
control procedures for notification and consent as set forth in
Sec. 262.83 and for the movement document as set forth in Sec. 262.84.
Additional responsibilities of R12/R13 facilities include:
(1) Indicating in the notification document the foreseen recovery
facility or facilities where the subsequent R1-R11 recovery operation
takes place or may take place.
(2) Within three (3) days of the receipt of the wastes by the R12/
R13 recovery facility or facilities, the facility(ies) shall return a
signed copy of the movement document to the exporter and to the
competent authorities of the countries of export and import. The
facility(ies) shall retain the original of the movement document for
three (3) years.
(3) As soon as possible, but no later than thirty (30) days after
the completion of the R12/R13 recovery operation and no later than one
(1) calendar year following the receipt of the waste, the R12 or R13
facility(ies) shall send a certificate of recovery to the foreign
exporter and to the competent authority of the country of export and to
the Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.
Washington, DC 20460, by mail, e-mail without digital signature followed
by mail, or fax followed by mail.
(4) When an R12/R13 recovery facility delivers wastes for recovery
to an R1-R11 recovery facility located in the country of import, it
shall obtain as soon as possible, but no later than one (1) calendar
year following delivery of the waste, a certification from the R1-R11
facility that recovery of the wastes at that facility has been
completed. The R12/R13 facility must promptly transmit the applicable
certification to the competent authorities of the countries of import
and export, identifying the transboundary movements to which the
certification pertain.
(5) When an R12/R13 recovery facility delivers wastes for recovery
to an R1-R11 recovery facility located:
(i) In the initial country of export, Amber control procedures
apply, including a new notification;
(ii) In a third country other than the initial country of export,
Amber control procedures apply, with the additional provision that the
competent authority of the initial country of export shall also be
notified of the transboundary movement.
(g) Laboratory analysis exemption. The transboundary movement of an
Amber waste is exempt from the Amber control procedures if it is in
certain quantities and destined for laboratory analysis to assess its
physical or chemical characteristics, or to determine its suitability
for recovery operations. The quantity of such waste shall be determined
by the minimum quantity reasonably needed to perform the analysis in
each particular case adequately, but in no case exceed twenty-five
kilograms (25 kg). Waste destined for laboratory analysis must still be
appropriately packaged and labeled.
Sec. 262.83 Notification and consent.
(a) Applicability. Consent must be obtained from the competent
authorities of the relevant OECD countries of import and transit prior
to exporting hazardous waste destined for recovery operations subject to
this subpart. Hazardous wastes subject to the Amber control procedures
are subject to the requirements of paragraph (b) of this section; and
wastes not identified on any list are subject to the requirements of
paragraph (c) of this section.
(b) Amber wastes. Exports of hazardous wastes from the United States
as described in Sec. 262.80(a) that are subject to the Amber control
procedures are prohibited unless the notification and consent
requirements of paragraph (b)(1) or paragraph (b)(2) of this section are
met.
(1) Transactions requiring specific consent:
(i) Notification. At least forty-five (45) days prior to
commencement of each transboundary movement, the exporter must provide
written notification in English of the proposed transboundary movement
to the Office of Enforcement and Compliance Assurance, Office of
[[Page 313]]
Federal Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, with the words ``Attention: OECD Export
Notification'' prominently displayed on the envelope. This notification
must include all of the information identified in paragraph (d) of this
section. In cases where wastes having similar physical and chemical
characteristics, the same United Nations classification, the same RCRA
waste codes, and are to be sent periodically to the same recovery
facility by the same exporter, the exporter may submit one general
notification of intent to export these wastes in multiple shipments
during a period of up to one (1) year. Even when a general notification
is used for multiple shipments, each shipment still must be accompanied
by its own movement document pursuant to Sec. 262.84.
(ii) Tacit consent. If no objection has been lodged by any countries
concerned (i.e., exporting, importing, or transit) to a notification
provided pursuant to paragraph (b)(1)(i) of this section within thirty
(30) days after the date of issuance of the Acknowledgement of Receipt
of notification by the competent authority of the country of import, the
transboundary movement may commence. Tacit consent expires one (1)
calendar year after the close of the thirty (30) day period;
renotification and renewal of all consents is required for exports after
that date.
(iii) Written consent. If the competent authorities of all the
relevant OECD importing and transit countries provide written consent in
a period less than thirty (30) days, the transboundary movement may
commence immediately after all necessary consents are received. Written
consent expires for each relevant OECD importing and transit country one
(1) calendar year after the date of that country's consent unless
otherwise specified; renotification and renewal of each expired consent
is required for exports after that date.
(2) Transboundary movements to facilities pre-approved by the
competent authorities of the importing countries to accept specific
wastes for recovery:
(i) Notification. The exporter must provide EPA a notification that
contains all the information identified in paragraph (d) of this section
in English, at least ten (10) days in advance of commencing shipment to
a pre-approved facility. The notification must indicate that the
recovery facility is pre-approved, and may apply to a single specific
shipment or to multiple shipments as described in paragraph (b)(1)(i) of
this section. This information must be sent to the Office of Enforcement
and Compliance Assurance, Office of Federal Activities, International
Compliance Assurance Division (2254A), Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460, with the words
``OECD Export Notification--Pre-approved Facility'' prominently
displayed on the envelope. General notifications that cover multiple
shipments as described in paragraph (b)(1)(i) of this section may cover
a period of up to three (3) years. Even when a general notification is
used for multiple shipments, each shipment still must be accompanied by
its own movement document pursuant to Sec. 262.84.
(ii) Exports to pre-approved facilities may take place after the
elapse of seven (7) working days from the issuance of an Acknowledgement
of Receipt of the notification by the competent authority of the country
of import unless the exporter has received information indicating that
the competent authority of any countries concerned objects to the
shipment.
(c) Wastes not covered in the OECD Green and Amber lists. Wastes
destined for recovery operations, that have not been assigned to the
OECD Green and Amber lists, incorporated by reference in Sec. 262.89(d),
but which are considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a), are subject to the notification and consent
requirements established for the Amber control procedures in accordance
with paragraph (b) of this section. Wastes destined for recovery
operations, that have not been assigned to the OECD Green and Amber
lists incorporated by reference in Sec. 262.89(d), and are not
considered hazardous under U.S. national procedures as defined by
Sec. 262.80(a) are
[[Page 314]]
subject to the Green control procedures.
(d) Notifications submitted under this section must include the
information specified in paragraphs (d)(1) through (d)(14) of this
section: (1) Serial number or other accepted identifier of the
notification document;
(2) Exporter name and EPA identification number (if applicable),
address, telephone, fax numbers, and e-mail address;
(3) Importing recovery facility name, address, telephone, fax
numbers, e-mail address, and technologies employed;
(4) Importer name (if not the owner or operator of the recovery
facility), address, telephone, fax numbers, and e-mail address; whether
the importer will engage in waste exchange recovery operation R12 or
waste accumulation recovery operation R13 prior to delivering the waste
to the final recovery facility and identification of recovery operations
to be employed at the final recovery facility;
(5) Intended transporter(s) and/or their agent(s); address,
telephone, fax, and e-mail address;
(6) Country of export and relevant competent authority, and point of
departure;
(7) Countries of transit and relevant competent authorities and
points of entry and departure;
(8) Country of import and relevant competent authority, and point of
entry;
(9) Statement of whether the notification is a single notification
or a general notification. If general, include period of validity
requested;
(10) Date(s) foreseen for commencement of transboundary movement(s);
(11) Means of transport envisaged;
(12) Designation of waste type(s) from the appropriate OECD list
incorporated by reference in Sec. 262.89(d), description(s) of each
waste type, estimated total quantity of each, RCRA waste code, and the
United Nations number for each waste type;
(13) Specification of the recovery operation(s) as defined in
Sec. 262.81.
(14) Certification/Declaration signed by the exporter that states:
I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, and that any applicable
insurance or other financial guarantees are or shall be in force
covering the transboundary movement.
Name:__________________________________________________________________
Signature:_____________________________________________________________
Date:__________________________________________________________________
Note to paragraph (d)(14):
The United States does not currently require financial assurance for
these waste shipments. However, U.S. exporters may be asked by other
governments to provide and certify to such assurance as a condition of
obtaining consent to a proposed movement.
(e) Certificate of Recovery. As soon as possible, but no later than
thirty (30) days after the completion of recovery and no later than one
(1) calendar year following receipt of the waste, the U.S. recovery
facility shall send a certificate of recovery to the exporter and to the
competent authorities of the countries of export and import by mail, e-
mail without a digital signature followed by mail, or fax followed by
mail. The certificate of recovery shall include a signed, written and
dated statement that affirms that the waste materials were recovered in
the manner agreed to by the parties to the contract required under
Sec. 262.85.
Sec. 262.84 Movement document.
(a) All U.S. parties subject to the contract provisions of
Sec. 262.85 must ensure that a movement document meeting the conditions
of paragraph (b) of this section accompanies each transboundary movement
of wastes subject to the Amber control procedures from the initiation of
the shipment until it reaches the final recovery facility, including
cases in which the waste is stored and/or sorted by the importer prior
to shipment to the final recovery facility, except as provided in
paragraphs (a)(1) and (2) of this section.
(1) For shipments of hazardous waste within the United States solely
by water (bulk shipments only), the generator must forward the movement
document with the manifest to the last water (bulk shipment) transporter
to handle the waste in the United States if exported by water, (in
accordance with the manifest routing procedures at Sec. 262.23(c)).
(2) For rail shipments of hazardous waste within the United States
which
[[Page 315]]
originate at the site of generation, the generator must forward the
movement document with the manifest (in accordance with the routing
procedures for the manifest in Sec. 262.23(d)) to the next non-rail
transporter, if any, or the last rail transporter to handle the waste in
the United States if exported by rail.
(b) The movement document must include all information required
under Sec. 262.83 (for notification), as well as the following
paragraphs (b)(1) through (b)(7) of this section:
(1) Date movement commenced;
(2) Name (if not exporter), address, telephone, fax numbers, and e-
mail of primary exporter;
(3) Company name and EPA ID number of all transporters;
(4) Identification (license, registered name or registration number)
of means of transport, including types of packaging envisaged;
(5) Any special precautions to be taken by transporter(s);
(6) Certification/declaration signed by the exporter that no
objection to the shipment has been lodged, as follows:
I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, that any applicable
insurance or other financial guarantees are or shall be in force
covering the transboundary movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed to a recovery facility within the OECD
area and no objection has been received from any of the countries
concerned within the thirty (30) day tacit consent period; OR
3. The shipment is directed to a recovery facility pre-approved for
that type of waste within the OECD area; such an authorization has not
been revoked, and no objection has been received from any of the
countries concerned.
(Delete sentences that are not applicable)
Name:__________________________________________________________________
Signature:_____________________________________________________________
Date:__________________________________________________________________
(7) Appropriate signatures for each custody transfer (e.g.,
transporter, importer, and owner or operator of the recovery facility).
(c) Exporters also must comply with the special manifest
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and importers
must comply with the import requirements of 40 CFR part 262, subpart F.
(d) Each U.S. person that has physical custody of the waste from the
time the movement commences until it arrives at the recovery facility
must sign the movement document (e.g., transporter, importer, and owner
or operator of the recovery facility).
(e) Within three (3) working days of the receipt of imports subject
to this subpart, the owner or operator of the U.S. recovery facility
must send signed copies of the movement document to the exporter, to the
Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, and to the competent authorities of the countries
of export and transit. If the concerned U.S. recovery facility is a R12/
R13 recovery facility as defined under Sec. 262.81, the facility shall
retain the original of the movement document for three (3) years.
Sec. 262.85 Contracts.
(a) Transboundary movements of hazardous wastes subject to the Amber
control procedures are prohibited unless they occur under the terms of a
valid written contract, chain of contracts, or equivalent arrangements
(when the movement occurs between parties controlled by the same
corporate or legal entity). Such contracts or equivalent arrangements
must be executed by the exporter and the owner or operator of the
recovery facility, and must specify responsibilities for each. Contracts
or equivalent arrangements are valid for the purposes of this section
only if persons assuming obligations under the contracts or equivalent
arrangements have appropriate legal status to conduct the operations
specified in the contract or equivalent arrangements.
(b) Contracts or equivalent arrangements must specify the name and
EPA ID number, where available, of paragraph (b)(1) through (b)(4) of
this section:
(1) The generator of each type of waste;
[[Page 316]]
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes; and
(4) The recovery facility.
(c) Contracts or equivalent arrangements must specify which party to
the contract will assume responsibility for alternate management of the
wastes if their disposition cannot be carried out as described in the
notification of intent to export. In such cases, contracts must specify
that:
(1) The person having actual possession or physical control over the
wastes will immediately inform the exporter and the competent
authorities of the countries of export and import and, if the wastes are
located in a country of transit, the competent authorities of that
country; and
(2) The person specified in the contract will assume responsibility
for the adequate management of the wastes in compliance with applicable
laws and regulations including, if necessary, arranging the return of
wastes and, as the case may be, shall provide the notification for re-
export.
(d) Contracts must specify that the importer will provide the
notification required in Sec. 262.82(c) prior to the re-export of
controlled wastes to a third country.
(e) Contracts or equivalent arrangements must include provisions for
financial guarantees, if required by the competent authorities of any
countries concerned, in accordance with applicable national or
international law requirements.
Note to paragraph (e):
Financial guarantees so required are intended to provide for
alternate recycling, disposal or other means of sound management of the
wastes in cases where arrangements for the shipment and the recovery
operations cannot be carried out as foreseen. The United States does not
require such financial guarantees at this time; however, some OECD
Member countries do. It is the responsibility of the exporter to
ascertain and comply with such requirements; in some cases, transporters
or importers may refuse to enter into the necessary contracts absent
specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements must contain provisions
requiring each contracting party to comply with all applicable
requirements of this subpart.
(g) Upon request by EPA, U.S. exporters, importers, or recovery
facilities must submit to EPA copies of contracts, chain of contracts,
or equivalent arrangements (when the movement occurs between parties
controlled by the same corporate or legal entity). Information contained
in the contracts or equivalent arrangements for which a claim of
confidentiality is asserted in accordance with 40 CFR 2.203(b) will be
treated as confidential and will be disclosed by EPA only as provided in
40 CFR 260.2.
Note to paragraph (g):
Although the United States does not require routine submission of
contracts at this time, the OECD Decision allows Member countries to
impose such requirements. When other OECD Member countries require
submission of partial or complete copies of the contract as a condition
to granting consent to proposed movements, EPA will request the required
information; absent submission of such information, some OECD Member
countries may deny consent for the proposed movement.
Sec. 262.86 Provisions relating to recognized traders.
(a) A recognized trader who takes physical custody of a waste and
conducts recovery operations (including storage prior to recovery) is
acting as the owner or operator of a recovery facility and must be so
authorized in accordance with all applicable Federal laws.
(b) A recognized trader acting as an exporter or importer for
transboundary shipments of waste must comply with all the requirements
of this subpart associated with being an exporter or importer.
Sec. 262.87 Reporting and recordkeeping.
(a) Annual reports. For all waste movements subject to this subpart,
persons (e.g., exporters, recognized traders) who meet the definition of
primary exporter in Sec. 262.51 or who initiate the movement
documentation under Sec. 262.84 shall file an annual report with the
Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200
[[Page 317]]
Pennsylvania Avenue, NW., Washington, DC 20460, no later than March 1 of
each year summarizing the types, quantities, frequency, and ultimate
destination of all such hazardous waste exported during the previous
calendar year. (If the primary exporter or the person who initiates the
movement document under Sec. 262.84 is required to file an annual report
for waste exports that are not covered under this subpart, he may
include all export information in one report provided the following
information on exports of waste destined for recovery within the
designated OECD Member countries is contained in a separate section.)
Such reports shall include all of the following paragraphs (a)(1)
through (a)(6) of this section specified as follows:
(1) The EPA identification number, name, and mailing and site
address of the exporter filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a
description of the hazardous waste, the EPA hazardous waste number (from
40 CFR part 261, subpart C or D), designation of waste type(s) and
applicable waste code(s) from the appropriate OECD waste list
incorporated by reference in Sec. 262.89(d), DOT hazard class, the name
and U.S. EPA identification number (where applicable) for each
transporter used, the total amount of hazardous waste shipped pursuant
to this subpart, and number of shipments pursuant to each notification;
(5) In even numbered years, for each hazardous waste exported,
except for hazardous waste produced by exporters of greater than 100kg
but less than 1,000kg in a calendar month, and except for hazardous
waste for which information was already provided pursuant to
Sec. 262.41:
(i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of the waste generated; and
(ii) A description of the changes in volume and toxicity of the
waste actually achieved during the year in comparison to previous years
to the extent such information is available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter
or initiator of the movement document under Sec. 262.84 that states:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this 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.
(b) Exception reports. Any person who meets the definition of
primary exporter in Sec. 262.51 or who initiates the movement document
under Sec. 262.84 must file an exception report in lieu of the
requirements of Sec. 262.42 (if applicable) with the Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460,
if any of the following occurs:
(1) He has not received a copy of the RCRA hazardous waste manifest
(if applicable) signed by the transporter identifying the point of
departure of the waste from the United States, within forty-five (45)
days from the date it was accepted by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the exporter has not received written
confirmation from the recovery facility that the hazardous waste was
received;
(3) The waste is returned to the United States.
(c) Recordkeeping. (1) Persons who meet the definition of primary
exporter in Sec. 262.51 or who initiate the movement document under
Sec. 262.84 shall keep the following records in paragraphs (c)(1)(i)
through (c)(1)(iv) of this section:
(i) A copy of each notification of intent to export and all written
consents obtained from the competent authorities of countries concerned
for a period of at least three (3) years from the date
[[Page 318]]
the hazardous waste was accepted by the initial transporter;
(ii) A copy of each annual report for a period of at least three (3)
years from the due date of the report;
(iii) A copy of any exception reports and a copy of each
confirmation of delivery (i.e., movement document) sent by the recovery
facility to the exporter for at least three (3) years from the date the
hazardous waste was accepted by the initial transporter or received by
the recovery facility, whichever is applicable; and
(iv) A copy of each certificate of recovery sent by the recovery
facility to the exporter for at least three (3) years from the date that
the recovery facility completed processing the waste shipment.
(2) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
Sec. 262.88 Pre-approval for U.S. recovery facilities [Reserved]
Sec. 262.89 OECD waste lists.
(a) General. For the purposes of this subpart, a waste is considered
hazardous under U.S. national procedures, and hence subject to this
subpart, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR 261.3;
and
(2) Is subject to either the Federal RCRA manifesting requirements
at 40 CFR part 262, subpart B, the universal waste management standards
of 40 CFR part 273, State requirements analogous to 40 CFR part 273, the
export requirements in the spent lead-acid battery management standards
of 40 CFR part 266, subpart G, or State requirements analogous to the
export requirements in 40 CFR part 266, subpart G.
(b) If a waste is hazardous under paragraph (a) of this section, it
is subject to the Amber control procedures, regardless of whether it
appears in Appendix 4 of the OECD Decision, as defined in Sec. 262.81.
(c) The appropriate control procedures for hazardous wastes and
hazardous waste mixtures are addressed in Sec. 262.82.
(d) The OECD waste lists, as set forth in Annex B (``Green List'')
and Annex C (``Amber List'') (collectively ``OECD waste lists'') of the
2009 ``Guidance Manual for the Implementation of Council Decision
C(2001)107/FINAL, as Amended, on the Control of Transboundary Movements
of Wastes Destined for Recovery Operations,'' are incorporated by
reference. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. This material is incorporated as it exists on the date of the
approval and a notice of any change in these materials will be published
in the Federal Register. The materials are available for inspection at:
the U.S. Environmental Protection Agency, Docket Center Public Reading
Room, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20004 (Docket EPA-HQ-RCRA-2005-0018) or at the National
Archives and Records Administration (NARA), and may be obtained from the
Organization for Economic Cooperation and Development, Environment
Directorate, 2 rue Andr[eacute] Pascal, F-75775 Paris Cedex 16, France.
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html. To contact the EPA Docket Center Public Reading Room,
call (202) 566-1744. To contact the OECD, call +33 (0) 1 45 24 81 67.
Subpart I_New York State Public Utilities
Source: 64 FR 37636, July 12, 1999, unless otherwise noted.
Sec. 262.90 Project XL for Public Utilities in New York State.
(a) The following definitions apply to this section:
(1) A Utility is any company that operates wholesale and/or retail
oil and gas pipelines, or any company that provides electric power or
telephone service and is regulated by New York State's Public Service
Commission or the New York Power Authority.
(2) A right-of-way is a fixed, integrated network of aboveground or
underground conveyances, including land
[[Page 319]]
structures, fixed equipment, and other appurtenances, controlled or
owned by a Utility, and used for the purpose of conveying its products
or services to customers.
(3) A remote location is a location in New York State within a
Utility's right-of-way network that is not permanently staffed.
(4) A Utility's central collection facility (UCCF) is a Utility-
owned facility within the Utility's right-of-way network to which
hazardous waste, generated by the Utility at remote locations within the
same right-of-way network, is brought.
(b) A UCCF designated pursuant to paragraph (e) of this section may
consolidate hazardous waste (with the exception of mixed waste)
generated by that Utility at its remote locations (and at that UCCF) for
up to 90 days without a permit or without having interim status,
provided that:
(1) The Utility complies with all applicable requirements for
generators in 40 CFR part 262 (except Sec. 262.34 (d) through (f)) for
hazardous waste generated at its remote locations and at the UCCF,
including the manifest and pretransport requirements for all shipments
greater than 100 kilograms sent from a remote location to a UCCF.
(2) The Utility transports the hazardous waste from the remote
location to a UCCF immediately after collection of all hazardous waste
at the remote location is complete or when the staff collecting the
hazardous waste leave the remote location, whichever comes first.
(3) The Utility complies with all applicable requirements for
transporters in 40 CFR part 263 for each shipment of hazardous waste
greater than 100 kilograms which is sent from remote location to the
UCCF, and all applicable Department of Transportation requirements.
(4)(i) The Utility complies with 40 CFR 262.34 (a) through (c),
regardless of the total quantity of hazardous waste generated or
consolidated at the UCCF per calendar month;
(ii) The Utility complies with 40 CFR 264.178; and
(iii) Secondary containment is provided for all liquid hazardous
waste consolidated in containers if:
(A) The UCCF is consolidating 8,800 gallons or more of liquid
hazardous waste, or
(B) The UCCF is consolidating 185 gallons or more of liquid
hazardous waste and is located in an area designated by New York State
that overlays a sole-source aquifer.
(5) The Utility submits a biennial report in accordance with 40 CFR
262.41 including all hazardous waste shipped from remote locations to
the UCCF. This UCCF biennial report may be submitted in lieu of
submitting a biennial report for each remote location. However, for
hazardous waste generated at a particular remote location that exceeds
1000 kg per calendar month and that is not sent to the UCCF, the Utility
must submit a separate biennial report.
(6) Waste generated at a remote location that is not sent to a UCCF
is managed according to the requirements of parts 260 through 270 of
this chapter.
(7) The Utility maintains records at the UCCF in accordance with all
the recordkeeping requirements set forth in subpart D of 40 CFR part
262, including 40 CFR 262.40, and maintains records on any PCB test
results for hazardous wastes brought to the facility from remote
locations.
(8) The UCCF obtains an EPA identification number.
(9) The UCCF receives hazardous waste only from its remote location.
(10) The Utility reinvests at least one-third of the direct savings
described in paragraph (h) of this section in one or more
environmentally beneficial projects, such as remediation or pollution
prevention, that are over and above existing legal requirements and that
have not been initiated prior to the Utility's receipt of approval to
consolidate hazardous waste pursuant to this section.
(c) Utilities seeking to have UCCFs designated under paragraph (e)
of this section must comply with the following requirements:
(1) Any New York State Utility seeking approval to consolidate
hazardous waste under this section must notify local governments and
communities of the Utility's intent to designate specific UCCFs.
[[Page 320]]
(2) In carrying out paragraph (c)(1) of this section, the Utility
must solicit public comment. In soliciting public comment, the Utility
must use the notice method set forth in paragraph (c)(2)(i) of this
section, as well as at least two of the methods set forth in paragraphs
(c)(2)(ii) through (vii) of this section. Each Utility must also notify
by mail all parties who commented on the proposed rule for this XL
project.
(i) A public notice in a newspaper of general circulation within the
area in which each proposed UCCF is located;
(ii) A radio announcement in each affected community during peak
listening hours;
(iii) Mailings to all citizens within a five-mile radius of proposed
UCCF;
(iv) Well-publicized community meetings;
(v) Presentations to the local community board;
(vi) Placement of copies of this section and the Final Project
Agreement that explains the regulatory relief outlined in this section
in the local library nearest the proposed UCCF, and inclusion of the
name and address of the library in the newspaper notice; and
(vii) Placement of copies of this section and the Final Project
Agreement that explains the regulatory relief outlined in this section
on the Utility's web site, and inclusion of the web site's address in
the newspaper notice.
(3) All outreach efforts made under paragraph (c)(2) of this section
shall be prepared in English (and any other language spoken by a large
number of persons in the community of concern) and at a minimum shall
include the following information:
(i) A brief description of the XL project, the intended new use of
the facility, and a request for comments on the proposed UCCF.
(ii) The name, if any, and address of the proposed UCCF and its
current status under the RCRA Subtitle C program.
(iii) The intended duration of use of the UCCF under the
requirements of this section.
(iv) Names, addresses, and telephone numbers of contact persons,
representing the Utility, to whom questions or comments may be directed.
(v) Notification of when the comment period of no less than 30 days
will close.
(4) Prior to the solicitation of public comment pursuant to
paragraph (c)(2) of this section, the Utility must submit copies of each
notice, announcement or mailing directly to local governments and to
EPA.
(5) At the close of the comment period, the Utility shall prepare a
Responsiveness Package containing a summary of public outreach efforts,
all comments and questions received as a result of its outreach efforts,
and the Utility's written responses to all comments and questions. The
Utility shall provide copies of its Responsiveness Package to any
citizens that participated in the public notice process, local
governments and EPA.
(d) Upon completion of the public notice procedures described in
paragraph (c) of this section, the Utility must provide written notice
to EPA of its intent to participate. The Notice of Intent must contain
the following information:
(1) The name of the Utility, corporate address, and corporate
mailing address, if different.
(2) The name, mailing address, and telephone number of a corporate-
level contact person to whom communications and inquiries may be
directed. This contact person may be changed by written notification to
EPA.
(3) A list of the names, addresses, and EPA identification numbers,
if applicable, of all Utility-owned facilities in New York State that
are proposed UCCFs and the names and telephone numbers of a designated
contact person at each facility.
(4) A summary of public outreach efforts undertaken pursuant to
paragraph (c) of this section.
(5) A commitment that one-third of the direct cost savings outlined
in paragraph (h) of this section due to project participation will be
reinvested in one or more environmentally beneficial projects which are
over and above existing legal requirements and which have not been
initiated prior to the Utility's receipt of approval to consolidate
hazardous waste pursuant to this section.
[[Page 321]]
(6) An acknowledgment that the signatory is personally familiar with
the terms and conditions of this section and has the authority to
obligate and does obligate the Utility to comply with all such terms and
conditions. The Utility shall comply with the signatory requirements set
forth in 40 CFR 270.11(a)(1).
(e) The procedures for designating UCCFs are as follows:
(1) Subject to paragraphs (e)(2) through (5) of this section, the
Utility and specified UCCF shall receive approval to comply with the
requirements set forth in paragraph (b) of this section upon the receipt
of written acknowledgment from EPA that the Notice of Intent described
in paragraph (d) of this section has been received and found to be
complete and in compliance with all the requirements set forth in
paragraph (d) of this section. This acknowledgment will state whether
the UCCF has been designated under this section and any additional
limitations which have been placed on the UCCF.
(2) Based on information provided and comments received during the
public notice and comment period, EPA shall prepare a response to the
comments received. The response to comments shall be attached to the
acknowledgment described in paragraph (e)(1). Both the acknowledgment
and the response to comments shall be sent to all persons who commented
on the designation of the UCCF(s) that are the subject of the
acknowledgment.
(3) Based on information provided and comments received during or
after the public notice and comment period, designated UCCFs may be
rejected for the proposed use, or, if EPA determines that acceptance for
the proposed use under the conditions of paragraph (b) of this section
may not fully protect human health and the environment based on the
Utility's compliance history or other appropriate factors, the
acknowledgment may impose conditions in addition to those in paragraph
(b) of this section.
(4) If EPA determines that a site-specific informational public
meeting is warranted prior to determining the acceptability of a
designated UCCF, the acknowledgment will so state.
(5) Subsequent to any public meeting, EPA may reject or prohibit
UCCFs from participating in this project based on information provided
or comments received during or after the public notice process or based
on a determination that acceptance for the proposed use under the
conditions of paragraph (b) of this section may not fully protect human
health and the environment based on the Utility's compliance history or
other appropriate factors.
(f) At any time, a Utility may add or remove UCCF designations by
complying with the following requirements:
(1) A Utility may notify EPA of its intent to designate additional
UCCFs. Such a notification shall be submitted to, and processed by, EPA,
in the manner indicated in paragraphs (d) and (e) of this section.
(2) To have one or more additional UCCFs designated, the Utility
must comply with paragraph (c) of this section.
(3) A Utility can discontinue use of a facility as a UCCF by
notifying EPA in writing.
(g) Each Utility that receives approval to consolidate hazardous
waste pursuant to this section shall submit an Annual Progress Report
with the following information for the preceding year:
(1) The number of remote locations statewide for which hazardous
waste was handled in accordance with paragraph (b) of this section.
(2) The total tonnage of each type of hazardous waste handled by
each UCCF.
(3) The number of remote locations statewide from which 1,000
kilograms or more of hazardous waste were collected per calendar month.
(4) The number of remote locations statewide from which between 100
and 1,000 kilograms of hazardous waste were collected per calendar
month.
(5) An estimate of the monetary value, on a Utility-wide basis, of
the direct savings realized by participation in this project. Direct
savings at a minimum include those outlined in paragraph (h) of this
section.
(6) Descriptions of the environmental compliance, remediation, or
pollution prevention projects or activities into
[[Page 322]]
which the savings, described in paragraph (h) of this section, have been
reinvested, with an estimate of the savings reinvested in each. Any such
projects must consist of activities that are over and above existing
legal requirements and that have not been initiated prior to the
Utility's receipt of approval to consolidate hazardous waste pursuant to
this section.
(7) The addresses and EPA identification numbers for all facilities
that served as UCCFs for hazardous waste from remote locations.
(h) Utilities that receive approval to consolidate hazardous waste
pursuant to this section must assess the direct savings realized as a
result. Cost estimates shall include direct savings based on relief from
any regulatory requirements, which the facility expects to be relieved
from due to compliance with the provisions of this section including,
but not limited to, the following:
(1) Database management for each remote location as an individual
generator;
(2) Biennial Report preparation costs; and/or
(3) Cost savings realized from consolidation of waste for economical
shipment (including no longer shipping waste directly to a TSD from
remote locations).
(i) If any UCCF or Utility that receives approval under this section
fails to comply with any of the requirements of this section, EPA may
terminate or suspend the UCCF's or Utility's participation. EPA will
provide a UCCF or Utility with 15 days written notice of its intent to
terminate or suspend participation. During this period, the UCCF will
have the opportunity to come back into compliance or provide a written
explanation as to why it was not in compliance with the terms of this
section and how it will come back into compliance. If EPA then issues a
written notice terminating or suspending participation, the Utility must
take immediate action to come into compliance with all otherwise
applicable federal requirements. EPA may also take enforcement action
against a Utility for non-compliance with the provisions of this
section.
(j) This section will expire on May 24, 2011.
[64 FR 37636, July 12, 1999, as amended at 70 FR 29913, May 24, 2005; 71
FR 40272, July 14, 2006]
Subpart J_University Laboratories XL Project_Laboratory Environmental
Management Standard
Source: 64 FR 53292, Sept. 28, 1999, unless otherwise noted.
Sec. 262.100 To what organizations does this subpart apply?
This subpart applies to an organization that meets all three of the
following conditions:
(a) It is one of the three following academic institutions: The
University of Massachusetts Boston in Boston, Massachusetts, Boston
College in Chestnut Hill, Massachusetts, or the University of Vermont in
Burlington, Vermont (``Universities''); and
(b) It is a laboratory at one of the Universities (identified
pursuant to Sec. 262.105(c)(2)(ii)) where laboratory scale activities,
as defined in Sec. 262.102, result in laboratory waste; and
(c) It complies with all the requirements of this subpart.
Sec. 262.101 What is in this subpart?
This subpart provides a framework for a new management system for
wastes that are generated in University laboratories. This framework is
called the Laboratory Environmental Management Standard. The standard
includes some specific definitions that apply to the University
laboratories. It contains specific requirements for how to handle
laboratory waste that are called Minimum Performance Criteria. The
standard identifies the requirements for developing and implementing an
environmental management plan. It outlines the responsibilities of the
management staff of each participating university. Finally, the standard
identifies requirements for training people who will work in the
laboratories or manage laboratory waste. This Subpart contains
requirements for RCRA solid and hazardous
[[Page 323]]
waste determination, and circumstances for termination and expiration of
this pilot.
Sec. 262.102 What special definitions are included in this subpart?
For purposes of this subpart, the following definitions apply:
Acutely Hazardous Laboratory Waste means a laboratory waste, defined
in the Environmental Management Plan as posing significant potential
hazards to human health or the environment and which must include RCRA
``P'' wastes, and may include particularly hazardous substances as
designated in a University's Chemical Hygiene Plan under OSHA, or
Extremely Hazardous Substances under the Emergency Planning and
Community Right to Know Act.
Emergency means any occurrence such as, but not limited to,
equipment failure, rupture of containers or failure of control equipment
which results in the potential uncontrolled release of a hazardous
chemical into the environment and which requires agency or fire
department notification and/or reporting.
Environmental Management Plan (EMP) means a written program
developed and implemented by the university which sets forth standards
and procedures, responsibilities, pollution control equipment,
performance criteria, resources and work practices that both protect
human health and the environment from the hazards presented by
laboratory wastes within a laboratory and between a laboratory and the
hazardous waste accumulation area, and satisfies the plan requirements
defined elsewhere in this Subpart. Certain requirements of this plan are
satisfied through the use of the Chemical Hygiene Plan (see, 29 CFR
1910.1450), or equivalent, and other relevant plans, including a waste
minimization plan. The elements of the Environmental Management Plan
must be easily accessible, but may be integrated into existing plans,
incorporated as an attachment, or developed as a separate document.
Environmental Objective means an overall environmental goal of the
organization which is verifiable.
Environmental Performance means results of the data collected
pursuant to implementation of the Environmental Management Plan as
measured against policy, objectives and targets.
Environmental Target means an environmental performance requirement
of the organization which is quantifiable, where practicable, verifiable
and designed to be achieved within a specified time frame.
Hazardous Chemical means any chemical which is a physical hazard or
a health hazard. A physical hazard means a chemical for which there is
scientifically valid evidence that it is a combustible liquid, a
compressed gas, explosive, flammable, an organic peroxide, an oxidizer,
pyrophoric, unstable (reactive) or water-reactive. A health hazard means
a chemical for which there is statistically significant evidence based
on at least one study conducted in accordance with established
scientific principles that acute or chronic health effects may occur in
exposed employees. The term ``health hazard'' includes chemicals which
are carcinogens, toxic or highly toxic agents, reproductive toxins,
irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins,
neurotoxins, agents which act on the hematopoietic system and agents
which damage the lungs, skin, eyes or mucous membranes.
Hazardous Chemical of Concern means a chemical that the organization
has identified as having the potential to be of significant risk to
human health or the environment if not managed in accordance with
procedures or practices defined by the organization.
Hazardous Waste Accumulation Area means the on-site area at a
University where the University will make a solid and hazardous waste
determination with respect to laboratory wastes.
In-Line Waste Collection means a system for the automatic collection
of laboratory waste which is directly connected to or part of a
laboratory scale activity and which is constructed or operated in a
manner which prevents the release of any laboratory waste therein into
the environment during collection.
Laboratory means, for the purpose of this Subpart, an area within a
facility where the laboratory use of hazardous
[[Page 324]]
chemicals occurs. It is a workplace where relatively small quantities of
hazardous chemicals are used on a non-production basis. The physical
extent of individual laboratories within an organization will be defined
by the Environmental Management Plan. A laboratory may include more than
a single room if the rooms are in the same building and under the common
supervision of a laboratory supervisor.
Laboratory Clean-Out means an evaluation of the chemical inventory
of a laboratory as a result of laboratory renovation, relocation or a
change in laboratory supervision that may result in the transfer of
laboratory wastes to the hazardous waste accumulation area.
Laboratory Environmental Management Standard means the provisions of
this Subpart and includes the requirements for preparation of
Environmental Management Plans and the inclusion of Minimum Performance
Criteria within each Environmental Management Plan.
Laboratory Scale means work with substances in which containers used
for reactions, transfers and other handling of substances are designed
to be safely and easily manipulated by one person. ``Laboratory Scale''
excludes those workplaces whose function is to produce commercial
quantities of chemicals.
Laboratory Waste means a hazardous chemical that results from
laboratory scale activities and includes the following: excess or unused
hazardous chemicals that may or may not be reused outside their
laboratory of origin; hazardous chemicals determined to be RCRA
hazardous waste as defined in 40 CFR Part 261; and hazardous chemicals
that will be determined not to be RCRA hazardous waste pursuant to
Sec. 262.106.
Laboratory Worker means a person who is assigned to handle hazardous
chemicals in the laboratory and may include researchers, students or
technicians.
Legal and Other Requirements means requirements imposed by, or as a
result of, governmental permits, governmental laws and regulations,
judicial and administrative enforcement orders, non-governmental legally
enforceable contracts, research grants and agreements, certification
specifications, formal voluntary commitments and organizational policies
and standards.
Senior Management means senior personnel with overall
responsibility, authority and accountability for managing laboratory
activities within the organization.
Universities means the following academic institutions; University
of Vermont, Boston College, and the University of Massachusetts Boston,
which are participants in this Laboratory XL project and which are
subject to the requirements set forth in this Subpart J.
Sec. 262.103 What is the scope of the laboratory environmental
management standard?
The Laboratory Environmental Management Standard will not affect or
supersede any legal requirements other than those described in
Sec. 262.10(j). The requirements that continue to apply include, but are
not limited to, OSHA, Fire Codes, wastewater permit limitations,
emergency response notification provisions, or other legal requirements
applicable to University laboratories.
Sec. 262.104 What are the minimum performance criteria?
The Minimum Performance Criteria that each University must meet in
managing its Laboratory Waste are:
(a) Each University must label all laboratory waste with the general
hazard class and either the words ``laboratory waste'' or with the
chemical name of the contents. If the container is too small to hold a
label, the label must be placed on a secondary container.
(b) Each University may temporarily hold up to 55 gallons of
laboratory waste or one quart of acutely hazardous laboratory waste, or
weight equivalent, in each laboratory, but upon reaching these
thresholds, each University must mark that laboratory waste with the
date when this threshold requirement was met (by dating the container(s)
or secondary container(s)).
(c) Each university must remove all of the dated laboratory waste
from the laboratory for delivery to a location identified in paragraph
(i) of this section within 30 days of reaching the
[[Page 325]]
threshold amount identified in paragraph (b) of this section.
(d) In no event shall the excess laboratory waste that a laboratory
temporarily holds before dated laboratory waste is removed exceed an
additional 55 gallons of laboratory waste (or one additional quart of
acutely hazardous laboratory waste). No more than 110 gallons of
laboratory waste total (or no more than two quarts of acutely hazardous
laboratory waste total) may be temporarily held in a laboratory at any
one time. Excess laboratory waste must be dated and removed in
accordance with the requirements of paragraphs (b) and (c) of this
section.
(e) Containers of laboratory wastes must be:
(1) Closed at all times except when wastes are being added to
(including during in-line waste collection) or removed from the
container;
(2) Maintained in good condition and stored in the laboratory in a
manner to avoid leaks;
(3) Compatible with their contents to avoid reactions between the
waste and its container; and must be made of, or lined with, materials
which are compatible with the laboratory wastes to be temporarily held
in the laboratory so that the container is not impaired; and
(4) Inspected regularly (at least annually) to ensure that they meet
requirements for container management.
(f) The management of laboratory waste must not result in the
release of hazardous constituents into the land, air and water where
such release is prohibited under federal law.
(g) The requirements for emergency response are:
(1) Each University must post notification procedures, location of
emergency response equipment to be used by laboratory workers and
evacuation procedures;
(2) Emergency response equipment and procedures for emergency
response must be appropriate to the hazards in the laboratory such that
hazards to human health and the environment will be minimized in the
event of an emergency;
(3) In the event of a fire, explosion or other release of laboratory
waste which could threaten human health or the environment, the
laboratory worker must follow the notification procedures under
paragraph (g)(1) of this section.
(h) Each University must investigate, document, and take actions to
correct and prevent future incidents of hazardous chemical spills,
exposures and other incidents that trigger a reportable emergency or
that require reporting under paragraph (g) of this section.
(i) Each University may only transfer laboratory wastes from a
laboratory:
(1) Directly to an on-site designated hazardous waste accumulation
area. Notwithstanding 40 CFR 263.10(a), each University must comply with
requirements for transporters set forth in 40 CFR 263.30 and 263.31 in
the event of a discharge of laboratory waste en route from a laboratory
to an on-site hazardous waste accumulation area; or
(2) To a treatment, storage or disposal (TSD) facility permitted to
handle the waste under 40 CFR part 270 or in interim status under 40 CFR
parts 265 and 270 (or authorized to handle the waste by a state with a
hazardous waste management program approved under 40 CFR part 271) if it
is determined in the laboratory by the individuals identified in
Sec. 262.105(b)(3) to be responsible for waste management decisions that
the waste is a hazardous waste and that it is prudent to transfer it
directly to a treatment, storage, and disposal facility rather than an
on-site accumulation area.
(j) Each University must ensure that laboratory workers receive
training and are provided with information so that they can implement
and comply with these Minimum Performance Criteria.
Sec. 262.105 What must be included in the laboratory environmental
management plan?
(a) Each University must include specific measures it will take to
protect human health and the environment from hazards associated with
the management of laboratory wastes and from the reuse, recycling or
disposal of such materials outside the laboratory.
(b) Each University must write, implement and comply with an
Environmental Management Plan that includes the following:
[[Page 326]]
(1) The specific procedures to assure compliance with each of the
Minimum Performance Criteria set forth in Sec. 262.104.
(2) An environmental policy, or environmental, health and safety
policy, signed by the University's senior management, which must include
commitments to regulatory compliance, waste minimization, risk reduction
and continual improvement of the environmental management system.
(3) A description of roles and responsibilities for the
implementation and maintenance of the Laboratory Environmental
Management Plan.
(4) A system for identifying and tracking legal and other
requirements applicable to laboratory waste, including the procedures
for providing updates to laboratory supervisors.
(5) Criteria for the identification of physical and chemical hazards
and the control measures to reduce the potential for releases of
laboratory wastes to the environment, including engineering controls,
the use of personal protective equipment and hygiene practices,
containment strategies and other control measures.
(6) A pollution prevention plan, including, but not limited to,
roles and responsibilities, training, pollution prevention activities,
and performance review.
(7) A system for conducting and updating annual surveys of hazardous
chemicals of concern and procedures for identifying acutely hazardous
laboratory waste.
(8) The procedures for conducting laboratory clean-outs with regard
to the safe management and disposal of laboratory wastes.
(9) The criteria that laboratory workers must comply with for
managing, containing and labeling laboratory wastes, including: an
evaluation of the need for and the use of any special containers or
labeling circumstances, and the use of laboratory wastes secondary
containers including packaging, bottles, or test tube racks.
(10) The procedures relevant to the safe and timely removal of
laboratory wastes from the laboratory.
(11) The emergency preparedness and response procedures to be
implemented for laboratory waste.
(12) Provisions for information dissemination and training, provided
for in paragraph (d) of this section.
(13) The procedures for the development and approval of changes to
the Environmental Management Plan.
(14) The procedures and work practices for safely transferring or
moving laboratory wastes from a laboratory to a location identified in
Sec. 262.104(i).
(15) The procedures for regularly inspecting a laboratory to assess
conformance with the requirements of the Environmental Management Plan.
(16) The procedures for the identification of environmental
management plan noncompliance, and the assignment of responsibility,
timelines and corrective actions to prevent their reoccurrence.
(17) The record keeping requirements to document conformance with
this Plan.
(c) Organizational responsibilities for each university. Each
University must:
(1) Develop and oversee implementation of its Laboratory
Environmental Management Plan.
(2) Identify the following:
(i) Annual environmental objectives and targets;
(ii) Those laboratories covered by the requirements of the
Laboratory Environmental Management Plan.
(3) Assign roles and responsibilities for the effective
implementation of the Environmental Management Plan.
(4) Determine whether laboratory wastes are solid wastes under RCRA
and, if so, whether they are hazardous.
(5) Develop, implement, and maintain:
(i) Policies, procedures and practices governing its compliance with
the Environmental Management Plan and applicable federal and state
hazardous waste regulations.
(ii) Procedures to monitor and measure relevant conformance and
environmental performance data for the purpose of supporting continual
improvement of the Environmental Management Plan.
(iii) Policies and procedures for managing environmental documents
and records applicable to this Environmental Management Standard.
(6) Ensure that:
[[Page 327]]
(i) Its Environmental Management Plan is available to laboratory
workers, vendors, employee representatives, visitors, on-site
contractors, and upon request, to governmental representatives.
(ii) Personnel designated by each University to handle laboratory
wastes and RCRA hazardous waste receive appropriate training.
(iii) The Environmental Management Plan is reviewed at least
annually by senior management to ensure its continuing suitability,
adequacy and effectiveness. The reviews may include, but not be limited
to, a consideration of monitoring and measuring information, Laboratory
Environmental Management Standard performance data, assessment and audit
results and other relevant information and data.
(d) What are the Information and Training Requirements for Each
University?
(1) Each University must ensure that laboratory workers receive
training and are provided with the information to understand and
implement the elements of each University's Environmental Management
Plan that are relevant to the laboratory workers' responsibilities.
(2) When must each University ensure that laboratory workers receive
training and information?
(i) Each University must provide the information to each laboratory
worker when he/she is first assigned to a work area where laboratory
wastes may be generated.
(ii) Each University must ensure that each laboratory worker has had
training within six months of when he/she is first assigned to a work
area where laboratory wastes may be generated. Each University must
retrain a laboratory worker when a laboratory waste poses a new or
unique hazard for which the laboratory worker has not received prior
training and as frequently as needed to maintain knowledge of the
procedures of the Environmental Management Plan.
(3) Each University must provide an outline of training and specify
who is to receive training in its Environmental Management Plan.
(4) Each University must ensure that laboratory workers are informed
of:
(i) The contents of this Subpart and the Laboratory Environmental
Management Plan(s) for the laboratory(ies) in which they will be
performing work;
(ii) The location and availability of the Environmental Management
Plan;
(iii) Emergency response measures applicable to laboratories;
(iv) Signs and indicators of a hazardous substance release;
(v) The location and availability of known reference materials
relevant to implementation of the Environmental Management Plan; and
(vi) Environmental training requirements applicable to laboratory
workers.
(5) Each University must ensure that Laboratory workers have
received training in:
(i) Methods and observations that may be used to detect the presence
or release of a hazardous substance;
(ii) The chemical and physical hazards associated with laboratory
wastes in their work area;
(iii) The relevant measures a laboratory worker can take to protect
human health and the environment; and
(iv) Details of the Environmental Management Plan sufficient to
ensure they manage laboratory waste in accordance with the requirements
of this Subpart.
(6) Requirements pertaining to Laboratory visitors:
(i) Laboratory visitors, such as on-site contractors or
environmental vendors, that require information and training under this
standard must be identified in the Environmental Management Plan.
(ii) Laboratory visitors identified in the Environmental Management
Plan must be informed of the existence and location of the Environmental
Management Plan.
(iii) Laboratory visitors identified in the Environmental Management
Plan must be informed of relevant policies, procedures or work practices
to ensure compliance with the requirements of the Environmental
Management Plan.
(7) Each University must define methods of providing objective
evidence and records of training and information dissemination in its
Environmental Management Plan.
[[Page 328]]
Sec. 262.106 When must a hazardous waste determination be made?
(a) For laboratory waste sent from a laboratory to an on-site
hazardous waste accumulation area, each University must evaluate the
laboratory wastes to determine whether they are solid wastes under RCRA
and, if so, determine pursuant to Sec. 262.11 (a) through (d) whether
they are hazardous wastes, as soon as the laboratory wastes reach the
University's Hazardous Waste Accumulation area(s). At this point each
University must determine whether the laboratory waste will be reused or
whether it must be managed as RCRA solid or hazardous waste.
(b) For laboratory waste that will be sent from a laboratory to a
TSD facility permitted to handle the waste, each University must
evaluate such laboratory wastes to determine whether they are solid
wastes under RCRA and, if so, determine pursuant to Sec. 262.11 (a)
through (d) whether they are hazardous wastes, prior to the 30-day
deadline for removing dated laboratory waste from the laboratory.
(c) Laboratory waste that is determined to be hazardous waste is no
longer subject to the provisions of this subpart and must be managed in
accordance with all applicable provisions of 40 CFR Parts 260 through
270.
Sec. 262.107 Under what circumstances will a university's participation
in this environmental management standard pilot be terminated?
(a) EPA retains the right to terminate a University's participation
in this Laboratory XL project if the University:
(1) Is in non-compliance with the Minimum Performance Criteria in
Sec. 262.104; or
(2) Has actual environmental management practices in the laboratory
that do not conform to its Environmental Management Plan; or
(3) Is in non-compliance with the Hazardous Waste Determination
requirements of Sec. 262.106.
(b) In the event of termination, EPA will provide the University
with 15 days written notice of its intent to terminate. During this
period, which commences upon receipt of the notice, the University will
have the opportunity to come back into compliance with the Minimum
Performance Criteria, its Environmental Management Plan, or the
requirements for making a hazardous waste determination at Sec. 262.106
or to provide a written explanation as to why it was not in compliance
and how it intends to return to compliance. If, upon review of the
University's written explanation, EPA then re-issues a written notice
terminating the University from this XL Project, the provisions of
paragraph (c) of this section will immediately apply and the University
shall have 90 days to come into compliance with the applicable RCRA
requirements deferred by Sec. 262.10(j). During the 90-day transition
period, the provisions of this subpart shall continue to apply to the
University.
(c) If a University withdraws from this XL project, or receives a
notice of termination pursuant to this section, it must submit to EPA
and the state a schedule for returning to full compliance with RCRA
requirements at the laboratory level. The schedule must show how the
University will return to full compliance with RCRA within 90 days from
the date of the notice of termination or withdrawal.
Sec. 262.108 When will this subpart expire?
This subpart will expire on April 15, 2009.
[71 FR 35550, June 21, 2006]
Subpart K_Alternative Requirements for Hazardous Waste Determination and
Accumulation of Unwanted Material for Laboratories Owned by Eligible
Academic Entities
Source: 73 FR 72954, Dec. 1, 2008, unless otherwise noted.
Sec. 262.200 Definitions for this subpart.
The following definitions apply to this subpart:
Central accumulation area means an on-site hazardous waste
accumulation area subject to either Sec. 262.34(a)-(b) of this part
(large quantity generators) or
[[Page 329]]
Sec. 262.34(d)-(f) of this part (small quantity generators). A central
accumulation area at an eligible academic entity that chooses to be
subject to this subpart must also comply with Sec. 262.211 when
accumulating unwanted material and/or hazardous waste.
College/University means a private or public, post-secondary,
degree-granting, academic institution, that is accredited by an
accrediting agency listed annually by the U.S. Department of Education.
Eligible academic entity means a college or university, or a non-
profit research institute that is owned by or has a formal written
affiliation agreement with a college or university, or a teaching
hospital that is owned by or has a formal written affiliation agreement
with a college or university.
Formal written affiliation agreement for a non-profit research
institute means a written document that establishes a relationship
between institutions for the purposes of research and/or education and
is signed by authorized representatives, as defined by Sec. 260.10, from
each institution. A relationship on a project-by-project or grant-by-
grant basis is not considered a formal written affiliation agreement. A
formal written affiliation agreement for a teaching hospital means a
master affiliation agreement and program letter of agreement, as defined
by the Accreditation Council for Graduate Medical Education, with an
accredited medical program or medical school.
Laboratory means an area owned by an eligible academic entity where
relatively small quantities of chemicals and other substances are used
on a non-production basis for teaching or research (or diagnostic
purposes at a teaching hospital) and are stored and used in containers
that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such
as chemical stockrooms and preparatory laboratories that provide a
support function to teaching or research laboratories (or diagnostic
laboratories at teaching hospitals) are also considered laboratories.
Laboratory clean-out means an evaluation of the inventory of
chemicals and other materials in a laboratory that are no longer needed
or that have expired and the subsequent removal of those chemicals or
other unwanted materials from the laboratory. A clean-out may occur for
several reasons. It may be on a routine basis (e.g., at the end of a
semester or academic year) or as a result of a renovation, relocation,
or change in laboratory supervisor/occupant. A regularly scheduled
removal of unwanted material as required by Sec. 262.208 does not
qualify as a laboratory clean-out.
Laboratory worker means a person who handles chemicals and/or
unwanted material in a laboratory and may include, but is not limited
to, faculty, staff, post-doctoral fellows, interns, researchers,
technicians, supervisors/managers, and principal investigators. A person
does not need to be paid or otherwise compensated for his/her work in
the laboratory to be considered a laboratory worker. Undergraduate and
graduate students in a supervised classroom setting are not laboratory
workers.
Non-profit research institute means an organization that conducts
research as its primary function and files as a non-profit organization
under the tax code of 26 U.S.C. 501(c)(3).
Reactive acutely hazardous unwanted material means an unwanted
material that is one of the acutely hazardous commercial chemical
products listed in Sec. 261.33(e) for reactivity.
Teaching hospital means a hospital that trains students to become
physicians, nurses or other health or laboratory personnel.
Trained professional means a person who has completed the applicable
RCRA training requirements of Sec. 265.16 for large quantity generators,
or is knowledgeable about normal operations and emergencies in
accordance with Sec. 262.34(d)(5)(iii) for small quantity generators and
conditionally exempt small quantity generators. A trained professional
may be an employee of the eligible academic entity or may be a
contractor or vendor who meets the requisite training requirements.
Unwanted material means any chemical, mixtures of chemicals,
products of experiments or other material from a laboratory that is no
longer needed, wanted or usable in the laboratory and
[[Page 330]]
that is destined for hazardous waste determination by a trained
professional. Unwanted materials include reactive acutely hazardous
unwanted materials and materials that may eventually be determined not
to be solid waste pursuant to Sec. 261.2, or a hazardous waste pursuant
to Sec. 261.3. If an eligible academic entity elects to use another
equally effective term in lieu of ``unwanted material,'' as allowed by
Sec. 262.206(a)(1)(i), the equally effective term has the same meaning
and is subject to the same requirements as ``unwanted material'' under
this subpart.
Working container means a small container (i.e., two gallons or
less) that is in use at a laboratory bench, hood, or other work station,
to collect unwanted material from a laboratory experiment or procedure.
[73 FR 72954, Dec. 1, 2008, as amended at 75 FR 79308, Dec. 20, 2010]
Sec. 262.201 Applicability of this subpart.
(a) Large quantity generators and small quantity generators. This
subpart provides alternative requirements to the requirements in
Secs. 262.11 and 262.34(c) for the hazardous waste determination and
accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided
that they complete the notification requirements of Sec. 262.203.
(b) Conditionally exempt small quantity generators. This subpart
provides alternative requirements to the conditional exemption in
Sec. 261.5(b) for the accumulation of hazardous waste in laboratories
owned by eligible academic entities that choose to be subject to this
subpart, provided that they complete the notification requirements of
Sec. 262.203.
Sec. 262.202 This subpart is optional.
(a) Large quantity generators and small quantity generators:
Eligible academic entities have the option of complying with this
subpart with respect to its laboratories, as an alternative to complying
with the requirements of Secs. 262.11 and 262.34(c).
(b) Conditionally exempt small quantity generators. Eligible
academic entities have the option of complying with this subpart with
respect to its laboratories, as an alternative to complying with the
conditional exemption of Sec. 261.5(b).
Sec. 262.203 How an eligible academic entity indicates it will be
subject to the requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to be
subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification
Number. An eligible academic entity that is a conditionally exempt small
quantity generator and does not have an EPA Identification Number must
notify that it is electing to be subject to the requirements of this
subpart for all the laboratories owned by the eligible academic entity
that are on-site, as defined by Sec. 260.10. An eligible academic entity
must submit a separate notification (Site Identification Form) for each
EPA Identification Number (or site, for conditionally exempt small
quantity generators) that is electing to be subject to the requirements
of this subpart, and must submit the Site Identification Form before it
begins operating under this subpart.
(b) When submitting the Site Identification Form, the eligible
academic entity must, at a minimum, fill out the following fields on the
form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt
small quantity generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s)
for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the notification
on file at the eligible academic entity for as
[[Page 331]]
long as its laboratories are subject to this subpart.
(d) A teaching hospital that is not owned by a college or university
must keep a copy of its formal written affiliation agreement with a
college or university on file at the teaching hospital for as long as
its laboratories are subject to this subpart.
(e) A non-profit research institute that is not owned by a college
or university must keep a copy of its formal written affiliation
agreement with a college or university on file at the non-profit
research institute for as long as its laboratories are subject to this
subpart.
Sec. 262.204 How an eligible academic entity indicates it will
withdraw from the requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA
Regional Administrator in writing, using the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), that it is electing to no longer
be subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification
Number and that it will comply with the requirements of Secs. 262.11 and
262.34(c) for small quantity generators and large quantity generators.
An eligible academic entity that is a conditionally exempt small
quantity generator and does not have an EPA Identification Number must
notify that it is withdrawing from the requirements of this subpart for
all the laboratories owned by the eligible academic entity that are on-
site and that it will comply with the conditional exemption in
Sec. 261.5(b). An eligible academic entity must submit a separate
notification (Site Identification Form) for each EPA Identification
Number (or site, for conditionally exempt small quantity generators)
that is withdrawing from the requirements of this subpart and must
submit the Site Identification Form before it begins operating under the
requirements of Secs. 262.11 and 262.34(c) for small quantity generators
and large quantity generators, or Sec. 261.5(b) for conditionally exempt
small quantity generators.
(b) When submitting the Site Identification Form, the eligible
academic entity must, at a minimum, fill out the following fields on the
form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt
small quantity generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s)
for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the withdrawal
notice on file at the eligible academic entity for three years from the
date of the notification.
Sec. 262.205 Summary of the requirements of this subpart.
An eligible academic entity that chooses to be subject to this
subpart is not required to have interim status or a RCRA Part B permit
for the accumulation of unwanted material and hazardous waste in its
laboratories, provided the laboratories comply with the provisions of
this subpart and the eligible academic entity has a Laboratory
Management Plan (LMP) in accordance with Sec. 262.214 that describes how
the laboratories owned by the eligible academic entity will comply with
the requirements of this subpart.
Sec. 262.206 Labeling and management standards for containers
of unwanted material in the laboratory.
An eligible academic entity must manage containers of unwanted
material while in the laboratory in accordance with the requirements in
this section.
(a) Labeling: Label unwanted material as follows:
(1) The following information must be affixed or attached to the
container:
(i) The words ``unwanted material'' or another equally effective
term that
[[Page 332]]
is to be used consistently by the eligible academic entity and that is
identified in Part I of the Laboratory Management Plan, and
(ii) Sufficient information to alert emergency responders to the
contents of the container. Examples of information that would be
sufficient to alert emergency responders to the contents of the
container include, but are not limited to:
(A) The name of the chemical(s),
(B) The type or class of chemical, such as organic solvents or
halogenated organic solvents.
(2) The following information may be affixed or attached to the
container, but must at a minimum be associated with the container:
(i) The date that the unwanted material first began accumulating in
the container, and
(ii) Information sufficient to allow a trained professional to
properly identify whether an unwanted material is a solid and hazardous
waste and to assign the proper hazardous waste code(s), pursuant to
Sec. 262.11. Examples of information that would allow a trained
professional to properly identify whether an unwanted material is a
solid or hazardous waste include, but are not limited to:
(A) The name and/or description of the chemical contents or
composition of the unwanted material, or, if known, the product of the
chemical reaction,
(B) Whether the unwanted material has been used or is unused,
(C) A description of the manner in which the chemical was produced
or processed, if applicable.
(b) Management of Containers in the Laboratory: An eligible academic
entity must properly manage containers of unwanted material in the
laboratory to assure safe storage of the unwanted material, to prevent
leaks, spills, emissions to the air, adverse chemical reactions, and
dangerous situations that may result in harm to human health or the
environment. Proper container management must include the following:
(1) Containers are maintained and kept in good condition and damaged
containers are replaced, overpacked, or repaired, and
(2) Containers are compatible with their contents to avoid reactions
between the contents and the container; and are made of, or lined with,
material that is compatible with the unwanted material so that the
container's integrity is not impaired, and
(3) Containers must be kept closed at all times, except:
(i) When adding, removing or bulking unwanted material, or
(ii) A working container may be open until the end of the procedure
or work shift, or until it is full, whichever comes first, at which time
the working container must either be closed or the contents emptied into
a separate container that is then closed, or
(iii) When venting of a container is necessary.
(A) For the proper operation of laboratory equipment, such as with
in-line collection of unwanted materials from high performance liquid
chromatographs, or
(B) To prevent dangerous situations, such as build-up of extreme
pressure.
[73 FR 72954, Dec. 1, 2008, as amended at 75 FR 79308, Dec. 20, 2010]
Sec. 262.207 Training.
An eligible academic entity must provide training to all individuals
working in a laboratory at the eligible academic entity, as follows:
(a) Training for laboratory workers and students must be
commensurate with their duties so they understand the requirements in
this subpart and can implement them.
(b) An eligible academic entity can provide training for laboratory
workers and students in a variety of ways, including, but not limited
to:
(1) Instruction by the professor or laboratory manager before or
during an experiment; or
(2) Formal classroom training; or
(3) Electronic/written training; or
(4) On-the-job training; or
(5) Written or oral exams.
(c) An eligible academic entity that is a large quantity generator
must maintain documentation for the durations specified in
Sec. 265.16(e) demonstrating training for all laboratory workers that is
sufficient to determine whether laboratory workers have been trained.
Examples of documentation
[[Page 333]]
demonstrating training can include, but are not limited to, the
following:
(1) Sign-in/attendance sheet(s) for training session(s); or
(2) Syllabus for training session; or
(3) Certificate of training completion; or
(4) Test results.
(d) A trained professional must:
(1) Accompany the transfer of unwanted material and hazardous waste
when the unwanted material and hazardous waste is removed from the
laboratory, and
(2) Make the hazardous waste determination, pursuant to Sec. 262.11,
for unwanted material.
Sec. 262.208 Removing containers of unwanted material from the
laboratory.
(a) Removing containers of unwanted material on a regular schedule.
An eligible academic entity must either:
(1) Remove all containers of unwanted material from each laboratory
on a regular interval, not to exceed 6 months; or
(2) Remove containers of unwanted material from each laboratory
within 6 months of each container's accumulation start date.
(b) The eligible academic entity must specify in Part I of its
Laboratory Management Plan whether it will comply with paragraph (a)(1)
or (a)(2) of this section for the regular removal of unwanted material
from its laboratories.
(c) The eligible academic entity must specify in Part II of its
Laboratory Management Plan how it will comply with paragraph (a)(1) or
(a)(2) of this section and develop a schedule for regular removals of
unwanted material from its laboratories.
(d) Removing containers of unwanted material when volumes are
exceeded.
(1) If a laboratory accumulates a total volume of unwanted material
(including reactive acutely hazardous unwanted material) in excess of 55
gallons before the regularly scheduled removal, the eligible academic
entity must ensure that all containers of unwanted material in the
laboratory (including reactive acutely hazardous unwanted material):
(i) Are marked on the label that is associated with the container
(or on the label that is affixed or attached to the container, if that
is preferred) with the date that 55 gallons is exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the
date that 55 gallons was exceeded, or at the next regularly scheduled
removal, whichever comes first.
(2) If a laboratory accumulates more than 1 quart of reactive
acutely hazardous unwanted material before the regularly scheduled
removal, then the eligible academic entity must ensure that all
containers of reactive acutely hazardous unwanted material:
(i) Are marked on the label that is associated with the container
(or on the label that is affixed or attached to the container, if that
is preferred) with the date that 1 quart is exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the
date that 1 quart was exceeded, or at the next regularly scheduled
removal, whichever comes first.
Sec. 262.209 Where and when to make the hazardous waste determination
and where to send containers of unwanted material upon removal from
the laboratory.
(a) Large quantity generators and small quantity generators--an
eligible academic entity must ensure that a trained professional makes a
hazardous waste determination, pursuant to Sec. 262.11, for unwanted
material in any of the following areas:
(1) In the laboratory before the unwanted material is removed from
the laboratory, in accordance with Sec. 262.210;
(2) Within 4 calendar days of arriving at an on-site central
accumulation area, in accordance with Sec. 262.211; and
(3) Within 4 calendar days of arriving at an on-site interim status
or permitted treatment, storage or disposal facility, in accordance with
Sec. 262.212.
(b) Conditionally exempt small quantity generators--an eligible
academic entity must ensure that a trained professional makes a
hazardous waste determination, pursuant to Sec. 262.11, for unwanted
material in the laboratory before the unwanted material is removed from
the laboratory, in accordance with Sec. 262.210.
[[Page 334]]
Sec. 262.210 Making the hazardous waste determination in the
laboratory before the unwanted material is removed from the laboratory.
If an eligible academic entity makes the hazardous waste
determination, pursuant to Sec. 262.11, for unwanted material in the
laboratory, it must comply with the following:
(a) A trained professional must make the hazardous waste
determination, pursuant to Sec. 262.11, before the unwanted material is
removed from the laboratory.
(b) If an unwanted material is a hazardous waste, the eligible
academic entity must:
(1) Write the words ``hazardous waste'' on the container label that
is affixed or attached to the container, before the hazardous waste may
be removed from the laboratory; and
(2) Write the appropriate hazardous waste code(s) on the label that
is associated with the container (or on the label that is affixed or
attached to the container, if that is preferred) before the hazardous
waste is transported off-site.
(3) Count the hazardous waste toward the eligible academic entity's
generator status, pursuant to Sec. 261.5(c) and (d), in the calendar
month that the hazardous waste determination was made.
(c) A trained professional must accompany all hazardous waste that
is transferred from the laboratory(ies) to an on-site central
accumulation area or on-site interim status or permitted treatment,
storage or disposal facility.
(d) When hazardous waste is removed from the laboratory:
(1) Large quantity generators and small quantity generators must
ensure it is taken directly from the laboratory(ies) to an on-site
central accumulation area, or on-site interim status or permitted
treatment, storage or disposal facility, or transported off-site.
(2) Conditionally exempt small quantity generators must ensure it is
taken directly from the laboratory(ies) to any of the types of
facilities listed in Sec. 261.5(f)(3) for acute hazardous waste, or
Sec. 261.5(g)(3) for hazardous waste.
(e) An unwanted material that is a hazardous waste is subject to all
applicable hazardous waste regulations when it is removed from the
laboratory.
Sec. 262.211 Making the hazardous waste determination at an on-site
central accumulation area.
If an eligible academic entity makes the hazardous waste
determination, pursuant to Sec. 262.11, for unwanted material at an on-
site central accumulation area, it must comply with the following:
(a) A trained professional must accompany all unwanted material that
is transferred from the laboratory(ies) to an on-site central
accumulation area.
(b) All unwanted material removed from the laboratory(ies) must be
taken directly from the laboratory(ies) to the on-site central
accumulation area.
(c) The unwanted material becomes subject to the generator
accumulation regulations of Sec. 262.34(a) (or Sec. 262.34(j) and (k)
for Performance Track members) for large quantity generators or
Sec. 262.34(d)-(f) for small quantity generators as soon as it arrives
in the central accumulation area, except for the ``hazardous waste''
labeling requirements of Sec. 262.34(a)(3) (or Sec. 262.34(j)(6) for
Performance Track members).
(d) A trained professional must determine, pursuant to Sec. 262.11,
if the unwanted material is a hazardous waste within 4 calendar days of
the unwanted materials' arrival at the on-site central accumulation
area.
(e) If the unwanted material is a hazardous waste, the eligible
academic entity must:
(1) Write the words ``hazardous waste'' on the container label that
is affixed or attached to the container, within 4 calendar days of
arriving at the on-site central accumulation area and before the
hazardous waste may be removed from the on-site central accumulation
area, and
(2) Write the appropriate hazardous waste code(s) on the container
label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) before the
hazardous waste may be treated or disposed of on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's
generator status, pursuant to Sec. 261.5(c) and
[[Page 335]]
(d) in the calendar month that the hazardous waste determination was
made, and
(4) Manage the hazardous waste according to all applicable hazardous
waste regulations.
Sec. 262.212 Making the hazardous waste determination at an on-site
interim status or permitted treatment, storage or disposal facility.
If an eligible academic entity makes the hazardous waste
determination, pursuant to Sec. 262.11, for unwanted material at an on-
site interim status or permitted treatment, storage or disposal
facility, it must comply with the following:
(a) A trained professional must accompany all unwanted material that
is transferred from the laboratory(ies) to an on-site interim status or
permitted treatment, storage or disposal facility.
(b) All unwanted material removed from the laboratory(ies) must be
taken directly from the laboratory(ies) to the on-site interim status or
permitted treatment, storage or disposal facility.
(c) The unwanted material becomes subject to the terms of the
eligible academic entity's hazardous waste permit or interim status as
soon as it arrives in the on-site treatment, storage or disposal
facility.
(d) A trained professional must determine, pursuant to Sec. 262.11,
if the unwanted material is a hazardous waste within 4 calendar days of
the unwanted materials' arrival at an on-site interim status or
permitted treatment, storage or disposal facility.
(e) If the unwanted material is a hazardous waste, the eligible
academic entity must:
(1) Write the words ``hazardous waste'' on the container label that
is affixed or attached to the container within 4 calendar days of
arriving at the on-site interim status or permitted treatment, storage
or disposal facility and before the hazardous waste may be removed from
the on-site interim status or permitted treatment, storage or disposal
facility, and
(2) Write the appropriate hazardous waste code(s) on the container
label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) before the
hazardous waste may be treated or disposed on-site or transported off-
site, and
(3) Count the hazardous waste toward the eligible academic entity's
generator status, pursuant to Sec. 261.5(c) and (d) in the calendar
month that the hazardous waste determination was made, and
(4) Manage the hazardous waste according to all applicable hazardous
waste regulations.
[73 FR 72954, Dec. 1, 2008, as amended at 75 FR 79308, Dec. 20, 2010]
Sec. 262.213 Laboratory clean-outs.
(a) One time per 12 month period for each laboratory, an eligible
academic entity may opt to conduct a laboratory clean-out that is
subject to all the applicable requirements of this subpart, except that:
(1) If the volume of unwanted material in the laboratory exceeds 55
gallons (or 1 quart of reactive acutely hazardous unwanted material),
the eligible academic entity is not required to remove all unwanted
materials from the laboratory within 10 calendar days of exceeding 55
gallons (or 1 quart of reactive acutely hazardous unwanted material), as
required by Sec. 262.208. Instead, the eligible academic entity must
remove all unwanted materials from the laboratory within 30 calendar
days from the start of the laboratory clean-out; and
(2) For the purposes of on-site accumulation, an eligible academic
entity is not required to count a hazardous waste that is an unused
commercial chemical product (listed in 40 CFR part 261, subpart D or
exhibiting one or more characteristics in 40 CFR part 261, subpart C)
generated solely during the laboratory clean-out toward its hazardous
waste generator status, pursuant to Sec. 261.5(c) and (d). An unwanted
material that is generated prior to the beginning of the laboratory
clean-out and is still in the laboratory at the time the laboratory
clean-out commences must be counted toward hazardous waste generator
status, pursuant to Sec. 261.5(c) and (d), if it is determined to be
hazardous waste; and
(3) For the purposes of off-site management, an eligible academic
entity
[[Page 336]]
must count all its hazardous waste, regardless of whether the hazardous
waste was counted toward generator status under paragraph (a)(2) of this
section, and if it generates more than 1 kg/month of acute hazardous
waste or more than 100 kg/month of hazardous waste (i.e., the
conditionally exempt small quantity generator limits of Sec. 261.5), the
hazardous waste is subject to all applicable hazardous waste regulations
when it is transported off-site; and
(4) An eligible academic entity must document the activities of the
laboratory clean-out. The documentation must, at a minimum, identify the
laboratory being cleaned out, the date the laboratory clean-out begins
and ends, and the volume of hazardous waste generated during the
laboratory clean-out. The eligible academic entity must maintain the
records for a period of three years from the date the clean-out ends;
and
(b) For all other laboratory clean-outs conducted during the same
12-month period, an eligible academic entity is subject to all the
applicable requirements of this subpart, including, but not limited to:
(1) The requirement to remove all unwanted materials from the
laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart
of reactive acutely hazardous unwanted material), as required by
Sec. 262.208; and
(2) The requirement to count all hazardous waste, including unused
hazardous waste, generated during the laboratory clean-out toward its
hazardous waste generator status, pursuant to Sec. 261.5(c) and (d).
Sec. 262.214 Laboratory management plan.
An eligible academic entity must develop and retain a written
Laboratory Management Plan, or revise an existing written plan. The
Laboratory Management Plan is a site-specific document that describes
how the eligible academic entity will manage unwanted materials in
compliance with this subpart. An eligible academic entity may write one
Laboratory Management Plan for all the laboratories owned by the
eligible academic entity that have opted into this subpart, even if the
laboratories are located at sites with different EPA Identification
Numbers. The Laboratory Management Plan must contain two parts with a
total of nine elements identified in paragraphs (a) and (b) of this
section. In Part I of its Laboratory Management Plan, an eligible
academic entity must describe its procedures for each of the elements
listed in paragraph (a) of this section. An eligible academic entity
must implement and comply with the specific provisions that it develops
to address the elements in Part I of the Laboratory Management Plan. In
Part II of its Laboratory Management Plan, an eligible academic entity
must describe its best management practices for each of the elements
listed in paragraph (b) of this section. The specific actions taken by
an eligible academic entity to implement each element in Part II of its
Laboratory Management Plan may vary from the procedures described in the
eligible academic entity's Laboratory Management Plan, without
constituting a violation of this subpart. An eligible academic entity
may include additional elements and best management practices in Part II
of its Laboratory Management Plan if it chooses.
(a) The eligible academic entity must implement and comply with the
specific provisions of Part I of its Laboratory Management Plan. In Part
I of its Laboratory Management Plan, an eligible academic entity must:
(1) Describe procedures for container labeling in accordance with
Sec. 262.206(a), as follows:
(i) Identifying whether the eligible academic entity will use the
term ``unwanted material'' on the containers in the laboratory. If not,
identify an equally effective term that will be used in lieu of
``unwanted material'' and consistently by the eligible academic entity.
The equally effective term, if used, has the same meaning and is subject
to the same requirements as ``unwanted material.''
(ii) Identifying the manner in which information that is
``associated with the container'' will be imparted.
(2) Identify whether the eligible academic entity will comply with
Sec. 262.208(a)(1) or (a)(2) for regularly
[[Page 337]]
scheduled removals of unwanted material from the laboratory.
(b) In Part II of its Laboratory Management Plan, an eligible
academic entity must:
(1) Describe its intended best practices for container labeling and
management (see the required standards at Sec. 262.206).
(2) Describe its intended best practices for providing training for
laboratory workers and students commensurate with their duties (see the
required standards at Sec. 262.207(a)).
(3) Describe its intended best practices for providing training to
ensure safe on-site transfers of unwanted material and hazardous waste
by trained professionals (see the required standards at
Sec. 262.207(d)(1)).
(4) Describe its intended best practices for removing unwanted
material from the laboratory, including:
(i) For regularly scheduled removals--Develop a regular schedule for
identifying and removing unwanted materials from its laboratories (see
the required standards at Sec. 262.208(a)(1) and (a)(2)).
(ii) For removals when maximum volumes are exceeded:
(A) Describe its intended best practices for removing unwanted
materials from the laboratory within 10 calendar days when unwanted
materials have exceeded their maximum volumes (see the required
standards at Sec. 262.208(d)).
(B) Describe its intended best practices for communicating that
unwanted materials have exceeded their maximum volumes.
(5) Describe its intended best practices for making hazardous waste
determinations, including specifying the duties of the individuals
involved in the process (see the required standards at Sec. 262.11 and
Secs. 262.209 through 262.212).
(6) Describe its intended best practices for laboratory clean-outs,
if the eligible academic entity plans to use the incentives for
laboratory clean-outs provided in Sec. 262.213, including:
(i) Procedures for conducting laboratory clean-outs (see the
required standards at Sec. 262.213(a)(1) through (3)); and
(ii) Procedures for documenting laboratory clean-outs (see the
required standards at Sec. 262.213(a)(4)).
(7) Describe its intended best practices for emergency prevention,
including:
(i) Procedures for emergency prevention, notification, and response,
appropriate to the hazards in the laboratory; and
(ii) A list of chemicals that the eligible academic entity has, or
is likely to have, that become more dangerous when they exceed their
expiration date and/or as they degrade; and
(iii) Procedures to safely dispose of chemicals that become more
dangerous when they exceed their expiration date and/or as they degrade;
and
(iv) Procedures for the timely characterization of unknown
chemicals.
(c) An eligible academic entity must make its Laboratory Management
Plan available to laboratory workers, students, or any others at the
eligible academic entity who request it.
(d) An eligible academic entity must review and revise its
Laboratory Management Plan, as needed.
[73 FR 72954, Dec. 1, 2008, as amended at 75 FR 79308, Dec. 20, 2010]
Sec. 262.215 Unwanted material that is not solid or hazardous waste.
(a) If an unwanted material does not meet the definition of solid
waste in Sec. 261.2, it is no longer subject to this subpart or to the
RCRA hazardous waste regulations.
(b) If an unwanted material does not meet the definition of
hazardous waste in Sec. 261.3, it is no longer subject to this subpart
or to the RCRA hazardous waste regulations, but must be managed in
compliance with any other applicable regulations and/or conditions.
Sec. 262.216 Non-laboratory hazardous waste generated at an eligible
academic entity.
An eligible academic entity that generates hazardous waste outside
of a laboratory is not eligible to manage that hazardous waste under
this subpart; and
(a) Remains subject to the generator requirements of Secs. 262.11
and 262.34(c) for large quantity generators and small quantity
generators (if the hazardous waste is managed in a satellite
accumulation area), and all other applicable generator requirements of
40 CFR
[[Page 338]]
part 262, with respect to that hazardous waste; or
(b) Remains subject to the conditional exemption of Sec. 261.5(b)
for conditionally exempt small quantity generators, with respect to that
hazardous waste.
Sec. Appendix to Part 262--Uniform Hazardous Waste Manifest and
Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)
U.S. EPA Form 8700-22
Read all instructions before completing this form.
1. This form has been designed for use on a 12-pitch (elite)
typewriter which is also compatible with standard computer printers; a
firm point pen may also be used--press down hard.
2. Federal regulations require generators and transporters of
hazardous waste and owners or operators of hazardous waste treatment,
storage, and disposal facilities to complete this form (FORM 8700-22)
and, if necessary, the continuation sheet (FORM 8700-22A) for both
inter- and intrastate transportation of hazardous waste.
[[Page 339]]
[GRAPHIC] [TIFF OMITTED] TR16JN05.012
Manifest 8700-22
The following statement must be included with each Uniform Hazardous
Waste Manifest, either on the form, in the instructions to the form, or
accompanying the form:
Public reporting burden for this collection of information is
estimated to average: 30 minutes for generators, 10 minutes for
transporters, and 25 minutes for owners or operators of treatment,
storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting the
form. Any correspondence regarding the PRA burden statement for the
manifest must be sent to
[[Page 340]]
the Director of the Collection Strategies Division in EPA's Office of
Information Collection at the following address: U.S. Environmental
Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC
20460. Do not send the completed form to this address.
I. Instructions for Generators
Manifest 8700-22
The following statement must be included with each Uniform Hazardous
Waste Manifest, either on the form, in the instructions to the form, or
accompanying the form:
Public reporting burden for this collection of information is
estimated to average: 30 minutes for generators, 10 minutes for
transporters, and 25 minutes for owners or operators of treatment,
storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting the
form. Send comments regarding the burden estimate, including suggestions
for reducing this burden, to: Chief, Information Policy Branch (2136),
U.S. Environmental Protection Agency, Ariel Rios Building; 1200
Pennsylvania Ave., NW., Washington, DC 20460; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
I. Instructions for Generators
Item 1. Generator's U.S. EPA Identification Number
Enter the generator's U.S. EPA twelve digit identification number,
or the State generator identification number if the generator site does
not have an EPA identification number.
Item 2. Page 1 of --
Enter the total number of pages used to complete this Manifest
(i.e., the first page (EPA Form 8700-22) plus the number of Continuation
Sheets (EPA Form 8700-22A), if any).
Item 3. Emergency Response Phone Number
Enter a phone number for which emergency response information can be
obtained in the event of an incident during transportation. The
emergency response phone number must:
1. Be the number of the generator or the number of an agency or
organization who is capable of and accepts responsibility for providing
detailed information about the shipment;
2. Reach a phone that is monitored 24 hours a day at all times the
waste is in transportation (including transportation related storage);
and
3. Reach someone who is either knowledgeable of the hazardous waste
being shipped and has comprehensive emergency response and spill
cleanup/incident mitigation information for the material being shipped
or has immediate access to a person who has that knowledge and
information about the shipment.
Note: Emergency Response phone number information should only be
entered in Item 3 when there is one phone number that applies to all the
waste materials described in Item 9b. If a situation (e.g., consolidated
shipments) arises where more than one Emergency Response phone number
applies to the various wastes listed on the manifest, the phone numbers
associated with each specific material should be entered after its
description in Item 9b.
Item 4. Manifest Tracking Number
This unique tracking number must be pre-printed on the manifest by
the forms printer.
Item 5. Generator's Mailing Address, Phone Number and Site Address
Enter the name of the generator, the mailing address to which the
completed manifest signed by the designated facility should be mailed,
and the generator's telephone number. Note, the telephone number
(including area code) should be the normal business number for the
generator, or the number where the generator or his authorized agent may
be reached to provide instructions in the event the designated and/or
alternate (if any) facility rejects some or all of the shipment. Also
enter the physical site address from which the shipment originates only
if this address is different than the mailing address.
Item 6. Transporter 1 Company Name, and U.S. EPA ID Number
Enter the company name and U.S. EPA ID number of the first
transporter who will transport the waste. Vehicle or driver information
may not be entered here.
Item 7. Transporter 2 Company Name and U.S. EPA ID Number
If applicable, enter the company name and U.S. EPA ID number of the
second transporter who will transport the waste. Vehicle or driver
information may not be entered here.
If more than two transporters are needed, use a Continuation
Sheet(s) (EPA Form 8700-22A).
Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
Enter the company name and site address of the facility designated
to receive the waste listed on this manifest. Also enter the
[[Page 341]]
facility's phone number and the U.S. EPA twelve digit identification
number of the facility.
Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard
Class or Division, Identification Number, and Packing Group)
Item 9a. If the wastes identified in Item 9b consist of both
hazardous and nonhazardous materials, then identify the hazardous
materials by entering an ``X'' in this Item next to the corresponding
hazardous material identified in Item 9b.
If applicable, enter the name of the person accepting the waste on
behalf of the second transporter. That person must acknowledge
acceptance of the waste described on the manifest by signing and
entering the date of receipt.
Item 9b. Enter the U.S. DOT Proper Shipping Name, Hazard Class or
Division, Identification Number (UN/NA) and Packing Group for each waste
as identified in 49 CFR 172. Include technical name(s) and reportable
quantity references, if applicable.
Note: If additional space is needed for waste descriptions, enter
these additional descriptions in Item 27 on the Continuation Sheet (EPA
Form 8700-22A). Also, if more than one Emergency Response phone number
applies to the various wastes described in either Item 9b or Item 27,
enter applicable Emergency Response phone numbers immediately following
the shipping descriptions for those Items.
Item 10. Containers (Number and Type)
Enter the number of containers for each waste and the appropriate
abbreviation from Table I (below) for the type of container.
Table I--Types of Containers
BA = Burlap, cloth, paper, or plastic bags.
CF = Fiber or plastic boxes, cartons, cases.
CM = Metal boxes, cartons, cases (including roll-offs).
CW = Wooden boxes, cartons, cases.
CY = Cylinders.
DF = Fiberboard or plastic drums, barrels, kegs.
DM = Metal drums, barrels, kegs.
DT = Dump truck.
DW = Wooden drums, barrels, kegs.
HG = Hopper or gondola cars.
TC = Tank cars.
TP = Portable tanks.
TT = Cargo tanks (tank trucks).
Item 11. Total Quantity
Enter, in designated boxes, the total quantity of waste. Round
partial units to the nearest whole unit, and do not enter decimals or
fractions. To the extent practical, report quantities using appropriate
units of measure that will allow you to report quantities with
precision. Waste quantities entered should be based on actual
measurements or reasonably accurate estimates of actual quantities
shipped. Container capacities are not acceptable as estimates.
Item 12. Units of Measure (Weight/Volume)
Enter, in designated boxes, the appropriate abbreviation from Table
II (below) for the unit of measure.
Table II--Units of Measure
G = Gallons (liquids only).
K = Kilograms.
L = Liters (liquids only).
M = Metric Tons (1000 kilograms).
N = Cubic Meters.
P = Pounds.
T = Tons (2000 pounds).
Y = Cubic Yards.
Note: Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be
reported in connection with very large bulk shipments, such as rail
cars, tank trucks, or barges.
Item 13. Waste Codes
Enter up to six federal and state waste codes to describe each waste
stream identified in Item 9b. State waste codes that are not redundant
with federal codes must be entered here, in addition to the federal
waste codes which are most representative of the properties of the
waste.
Item 14. Special Handling Instructions and Additional Information.
1. Generators may enter any special handling or shipment-specific
information necessary for the proper management or tracking of the
materials under the generator's or other handler's business processes,
such as waste profile numbers, container codes, bar codes, or response
guide numbers. Generators also may use this space to enter additional
descriptive information about their shipped materials, such as chemical
names, constituent percentages, physical state, or specific gravity of
wastes identified with volume units in Item 12.
2. This space may be used to record limited types of federally
required information for which there is no specific space provided on
the manifest, including any alternate facility designations; the
manifest tracking number of the original manifest for rejected wastes
and residues that are re-shipped under a second manifest; and the
specification of PCB waste descriptions and PCB out-of-service dates
required under 40 CFR 761.207. Generators, however, cannot be required
to enter information in this space to meet state regulatory
requirements.
Item 15. Generator's/Offeror's Certifications
1. The generator must read, sign, and date the waste minimization
certification statement. In signing the waste minimization certification
statement, those generators who have not been exempted by statute or
regulation from the duty to make a waste minimization certification
under section 3002(b)
[[Page 342]]
of RCRA are also certifying that they have complied with the waste
minimization requirements. The Generator's Certification also contains
the required attestation that the shipment has been properly prepared
and is in proper condition for transportation (the shipper's
certification). The content of the shipper's certification statement is
as follows: ``I hereby declare that the contents of this consignment are
fully and accurately described above by the proper shipping name, and
are classified, packaged, marked, and labeled/placarded, and are in all
respects in proper condition for transport by highway according to
applicable international and national governmental regulations. If
export shipment and I am the Primary Exporter, I certify that the
contents of this consignment conform to the terms of the attached EPA
Acknowledgment of Consent.'' When a party other than the generator
prepares the shipment for transportation, this party may also sign the
shipper's certification statement as the offeror of the shipment.
2. Generator or Offeror personnel may preprint the words, ``On
behalf of'' in the signature block or may hand write this statement in
the signature block prior to signing the generator/offeror
certification, to indicate that the individual signs as the employee or
agent of the named principal.
Note: All of the above information except the handwritten signature
required in Item 15 may be pre-printed.
II. Instructions for International Shipment Block
Item 16. International Shipments
For export shipments, the primary exporter must check the export
box, and enter the point of exit (city and state) from the United
States. For import shipments, the importer must check the import box and
enter the point of entry (city and state) into the United States. For
exports, the transporter must sign and date the manifest to indicate the
day the shipment left the United States. Transporters of hazardous waste
shipments must deliver a copy of the manifest to the U.S. Customs when
exporting the waste across U.S. borders.
III. Instructions for Transporters
Item 17. Transporters' Acknowledgments of Receipt
Enter the name of the person accepting the waste on behalf of the
first transporter. That person must acknowledge acceptance of the waste
described on the manifest by signing and entering the date of receipt.
Only one signature per transportation company is required. Signatures
are not required to track the movement of wastes in and out of transfer
facilities, unless there is a change of custody between transporters.
If applicable, enter the name of the person accepting the waste on
behalf of the second transporter. That person must acknowledge
acceptance of the waste described on the manifest by signing and
entering the date of receipt.
Note: Transporters carrying imports, who are acting as importers,
may have responsibilities to enter information in the International
Shipments Block. Transporters carrying exports may also have
responsibilities to enter information in the International Shipments
Block. See above instructions for Item 16.
IV. Instructions for Owners and Operators of Treatment, Storage, and
Disposal Facilities
Item 18. Discrepancy
Item 18a. Discrepancy Indication Space
1. The authorized representative of the designated (or alternate)
facility's owner or operator must note in this space any discrepancies
between the waste described on the Manifest and the waste actually
received at the facility. Manifest discrepancies are: significant
differences (as defined by Secs. 264.72(b) and 265.72(b)) between the
quantity or type of hazardous waste designated on the manifest or
shipping paper, and the quantity and type of hazardous waste a facility
actually receives, rejected wastes, which may be a full or partial
shipment of hazardous waste that the TSDF cannot accept, or container
residues, which are residues that exceed the quantity limits for
``empty'' containers set forth in 40 CFR 261.7(b).
2. For rejected loads and residues (40 CFR 264.72(d), (e), and (f),
or 40 CFR 265.72(d), (e), or (f)), check the appropriate box if the
shipment is a rejected load (i.e., rejected by the designated and/or
alternate facility and is sent to an alternate facility or returned to
the generator) or a regulated residue that cannot be removed from a
container. Enter the reason for the rejection or the inability to remove
the residue and a description of the waste. Also, reference the manifest
tracking number for any additional manifests being used to track the
rejected waste or residue shipment on the original manifest. Indicate
the original manifest tracking number in Item 14, the Special Handling
Block and Additional Information Block of the additional manifests.
3. Owners or operators of facilities located in unauthorized States
(i.e., states in which the U.S. EPA administers the hazardous waste
management program) who cannot resolve significant differences in
quantity or type within 15 days of receiving the waste must submit to
their Regional Administrator a letter with a copy of the Manifest at
[[Page 343]]
issue describing the discrepancy and attempts to reconcile it (40 CFR
264.72(c) and 265.72(c)).
4. Owners or operators of facilities located in authorized States
(i.e., those States that have received authorization from the U.S. EPA
to administer the hazardous waste management program) should contact
their State agency for information on where to report discrepancies
involving ``significant differences'' to state officials.
Item 18b. Alternate Facility (or Generator) for Receipt of Full Load
Rejections
Enter the name, address, phone number, and EPA Identification Number
of the Alternate Facility which the rejecting TSDF has designated, after
consulting with the generator, to receive a fully rejected waste
shipment. In the event that a fully rejected shipment is being returned
to the generator, the rejecting TSDF may enter the generator's site
information in this space. This field is not to be used to forward
partially rejected loads or residue waste shipments.
Item 18c. Alternate Facility (or Generator) Signature
The authorized representative of the alternate facility (or the
generator in the event of a returned shipment) must sign and date this
field of the form to acknowledge receipt of the fully rejected wastes or
residues identified by the initial TSDF.
Item 19. Hazardous Waste Report Management Method Codes
Enter the most appropriate Hazardous Waste Report Management Method
code for each waste listed in Item 9. The Hazardous Waste Report
Management Method code is to be entered by the first treatment, storage,
or disposal facility (TSDF) that receives the waste and is the code that
best describes the way in which the waste is to be managed when received
by the TSDF.
Item 20. Designated Facility Owner or Operator Certification of Receipt
(Except As Noted in Item 18a)
Enter the name of the person receiving the waste on behalf of the
owner or operator of the facility. That person must acknowledge receipt
or rejection of the waste described on the Manifest by signing and
entering the date of receipt or rejection where indicated. Since the
Facility Certification acknowledges receipt of the waste except as noted
in the Discrepancy Space in Item 18a, the certification should be signed
for both waste receipt and waste rejection, with the rejection being
noted and described in the space provided in Item 18a. Fully rejected
wastes may be forwarded or returned using Item 18b after consultation
with the generator. Enter the name of the person accepting the waste on
behalf of the owner or operator of the alternate facility or the
original generator. That person must acknowledge receipt or rejection of
the waste described on the Manifest by signing and entering the date
they received or rejected the waste in Item 18c. Partially rejected
wastes and residues must be re-shipped under a new manifest, to be
initiated and signed by the rejecting TSDF as offeror of the shipment.
Manifest Continuation Sheet
[[Page 344]]
[GRAPHIC] [TIFF OMITTED] TR16JN05.013
Instructions--Continuation Sheet, U.S. EPA Form 8700-22A
Read all instructions before completing this form. This form has
been designed for use on a 12-pitch (elite) typewriter; a firm point pen
may also be used--press down hard.
This form must be used as a continuation sheet to U.S. EPA Form
8700-22 if:
More than two transporters are to be used to transport the
waste; or
More space is required for the U.S. DOT descriptions and
related information in Item 9 of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous
waste and owners or operators of hazardous waste treatment,
[[Page 345]]
storage, or disposal facilities to use the uniform hazardous waste
manifest (EPA Form 8700-22) and, if necessary, this continuation sheet
(EPA Form 8700-22A) for both interstate and intrastate transportation.
Item 21. Generator's ID Number
Enter the generator's U.S. EPA twelve digit identification number
or, the State generator identification number if the generator site does
not have an EPA identification number.
Item 22. Page ----
Enter the page number of this Continuation Sheet.
Item 23. Manifest Tracking Number
Enter the Manifest Tracking number from Item 4 of the Manifest form
to which this continuation sheet is attached.
Item 24. Generator's Name--
Enter the generator's name as it appears in Item 5 on the first page
of the Manifest.
Item 25. Transporter--Company Name
If additional transporters are used to transport the waste described
on this Manifest, enter the company name of each additional transporter
in the order in which they will transport the waste. Enter after the
word ``Transporter'' the order of the transporter. For example,
Transporter 3 Company Name. Also enter the U.S. EPA twelve digit
identification number of the transporter described in Item 25.
Item 26. Transporter--Company Name
If additional transporters are used to transport the waste described
on this Manifest, enter the company name of each additional transporter
in the order in which they will transport the waste. Enter after the
word ``Transporter'' the order of the transporter. For example,
Transporter 4 Company Name. Each Continuation Sheet can record the names
of two additional transporters. Also enter the U.S. EPA twelve digit
identification number of the transporter named in Item 26.
Item 27. U.S. D.O.T. Description Including Proper Shipping Name,
Hazardous Class, and ID Number (UN/NA)
For each row enter a sequential number under Item 27b that
corresponds to the order of waste codes from one continuation sheet to
the next, to reflect the total number of wastes being shipped. Refer to
instructions for Item 9 of the manifest for the information to be
entered.
Item 28. Containers (No. And Type)
Refer to the instructions for Item 10 of the manifest for
information to be entered.
Item 29. Total Quantity
Refer to the instructions for Item 11 of the manifest form.
Item 30. Units of Measure (Weight/Volume)
Refer to the instructions for Item 12 of the manifest form.
Item 31. Waste Codes
Refer to the instructions for Item 13 of the manifest form.
Item 32. Special Handling Instructions and Additional Information
Refer to the instructions for Item 14 of the manifest form.
Transporters
Item 33. Transporter--Acknowledgment of Receipt of Materials
Enter the same number of the Transporter as identified in Item 25.
Enter also the name of the person accepting the waste on behalf of the
Transporter (Company Name) identified in Item 25. That person must
acknowledge acceptance of the waste described on the Manifest by signing
and entering the date of receipt.
Item 34. Transporter--Acknowledgment of Receipt of Materials
Enter the same number of the Transporter as identified in Item 26.
Enter also the name of the person accepting the waste on behalf of the
Transporter (Company Name) identified in Item 26. That person must
acknowledge acceptance of the waste described on the Manifest by signing
and entering the date of receipt.
Owner and Operators of Treatment, Storage, or Disposal Facilities
Item 35. Discrepancy Indication Space
Refer to Item 18. This space may be used to more fully describe
information on discrepancies identified in Item 18a of the manifest
form.
Item 36. Hazardous Waste Report Management Method Codes
For each field here, enter the sequential number that corresponds to
the waste materials described under Item 27, and enter the appropriate
process code that describes how the materials will be processed when
received. If additional continuation sheets are attached, continue
numbering the waste materials and process code fields sequentially, and
enter on each sheet the process codes
[[Page 346]]
corresponding to the waste materials identified on that sheet.
[45 FR 33142, May 19, 1980, as amended at 70 FR 10818, Mar. 4, 2005]
PART 263_STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--
Table of Contents
Subpart A_General
Sec.
263.10 Scope.
263.11 EPA identification number.
263.12 Transfer facility requirements.
Subpart B_Compliance With the Manifest System and Recordkeeping
263.20 The manifest system.
263.21 Compliance with the manifest.
263.22 Recordkeeping.
263.25 Electronic manifest signatures.
Subpart C_Hazardous Waste Discharges
263.30 Immediate action.
263.31 Discharge clean up.
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
Source: 45 FR 33151, May 19, 1980, unless otherwise noted.
Subpart A_General
Sec. 263.10 Scope.
(a) These regulations establish standards which apply to persons
transporting hazardous waste within the United States if the
transportation requires a manifest under 40 CFR part 262.
Note: The regulations set forth in parts 262 and 263 establish the
responsibilities of generators and transporters of hazardous waste in
the handling, transportation, and management of that waste. In these
regulations, EPA has expressly adopted certain regulations of the
Department of Transportation (DOT) governing the transportation of
hazardous materials. These regulations concern, among other things,
labeling, marking, placarding, using proper containers, and reporting
discharges. EPA has expressly adopted these regulations in order to
satisfy its statutory obligation to promulgate regulations which are
necessary to protect human health and the environment in the
transportation of hazardous waste. EPA's adoption of these DOT
regulations ensures consistency with the requirements of DOT and thus
avoids the establishment of duplicative or conflicting requirements with
respect to these matters. These EPA regulations which apply to both
interstate and intrastate transportation of hazardous waste are
enforceable by EPA.
DOT has revised its hazardous materials transportation regulations
in order to encompass the transportation of hazardous waste and to
regulate intrastate, as well as interstate, transportation of hazardous
waste. Transporters of hazardous waste are cautioned that DOT's
regulations are fully applicable to their activities and enforceable by
DOT. These DOT regulations are codified in title 49, Code of Federal
Regulations, subchapter C.
EPA and DOT worked together to develop standards for transporters of
hazardous waste in order to avoid conflicting requirements. Except for
transporters of bulk shipments of hazardous waste by water, a
transporter who meets all applicable requirements of 49 CFR parts 171
through 179 and the requirements of 40 CFR 263.11 and 263.31 will be
deemed in compliance with this part. Regardless of DOT's action, EPA
retains its authority to enforce these regulations.
(b) These regulations do not apply to on-site transportation of
hazardous waste by generators or by owners or operators of permitted
hazardous waste management facilities.
(c) A transporter of hazardous waste must also comply with 40 CFR
part 262, Standards Applicable to Generators of Hazardous Waste, if he:
(1) Transports hazardous waste into the United States from abroad;
or
(2) Mixes hazardous wastes of different DOT shipping descriptions by
placing them into a single container.
(d) A transporter of hazardous waste subject to the Federal
manifesting requirements of 40 CFR part 262, or subject to the waste
management standards of 40 CFR part 273, or subject to State
requirements analogous to 40 CFR part 273, that is being imported from
or exported to any of the countries listed in 40 CFR 262.58(a)(1) for
purposes of recovery is subject to this Subpart and to all other
relevant requirements of subpart H of 40 CFR part 262, including, but
not limited to, 40 CFR 262.84 for movement documents.
(e) The regulations in this part do not apply to transportation
during an explosives or munitions emergency response, conducted in
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D)
or (iv), and 270.1(c)(3)(i)(D) or (iii).
[[Page 347]]
(f) Section 266.203 of this chapter identifies how the requirements
of this part apply to military munitions classified as solid waste under
40 CFR 266.202.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86968, Dec. 31, 1980; 61
FR 16314, Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 75 FR 1259, Jan. 8,
2010]
Sec. 263.11 EPA identification number.
(a) A transporter must not transport hazardous wastes without having
received an EPA identification number from the Administrator.
(b) A transporter who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA Form 8700-12.
Upon receiving the request, the Administrator will assign an EPA
identification number to the transporter.
Sec. 263.12 Transfer facility requirements.
A transporter who stores manifested shipments of hazardous waste in
containers meeting the requirements of Sec. 262.30 at a transfer
facility for a period of ten days or less is not subject to regulation
under parts 270, 264, 265, 267, and 268 of this chapter with respect to
the storage of those wastes.
[75 FR 13005, Mar. 18, 2010]
Subpart B_Compliance With the Manifest System and Recordkeeping
Sec. 263.20 The manifest system.
(a)(1) Manifest requirement. A transporter may not accept hazardous
waste from a generator unless the transporter is also provided with a
manifest signed in accordance with the requirements of Sec. 262.23.
(2) Exports. In the case of exports other than those subject to
subpart H of 40 CFR part 262, a transporter may not accept such waste
from a primary exporter or other person if he knows the shipment does
not conform to the EPA Acknowledgment of Consent; and unless, in
addition to a manifest signed by the generator as provided in this
section, the transporter shall also be provided with an EPA
Acknowledgment of Consent which, except for shipments by rail, is
attached to the manifest (or shipping paper for exports by water (bulk
shipment)). For exports of hazardous waste subject to the requirements
of subpart H of 40 CFR part 262, a transporter may not accept hazardous
waste without a tracking document that includes all information required
by 40 CFR 262.84.
(3) Compliance Date for Form Revisions. The revised Manifest form
and procedures in 40 CFR 260.10, 261.7, 263.20, and 263.21, shall not
apply until September 5, 2006. The Manifest form and procedures in 40
CFR 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR, parts
260 to 265, edition revised as of July 1, 2004, shall be applicable
until September 5, 2006.
(b) Before transporting the hazardous waste, the transporter must
sign and date the manifest acknowledging acceptance of the hazardous
waste from the generator. The transporter must return a signed copy to
the generator before leaving the generator's property.
(c) The transporter must ensure that the manifest accompanies the
hazardous waste. In the case of exports, the transporter must ensure
that a copy of the EPA Acknowledgment of Consent also accompanies the
hazardous waste.
(d) A transporter who delivers a hazardous waste to another
transporter or to the designated facility must:
(1) Obtain the date of delivery and the handwritten signature of
that transporter or of the owner or operator of the designated facility
on the manifest; and
(2) Retain one copy of the manifest in accordance with Sec. 263.22;
and
(3) Give the remaining copies of the manifest to the accepting
transporter or designated facility.
(e) The requirements of paragraphs (c), (d) and (f) of this section
do not apply to water (bulk shipment) transporters if:
(1) The hazardous waste is delivered by water (bulk shipment) to the
designated facility; and
(2) A shipping paper containing all the information required on the
manifest (excluding the EPA identification numbers, generator
certification, and signatures) and, for exports, an EPA
[[Page 348]]
Acknowledgment of Consent accompanies the hazardous waste; and
(3) The delivering transporter obtains the date of delivery and
handwritten signature of the owner or operator of the designated
facility on either the manifest or the shipping paper; and
(4) The person delivering the hazardous waste to the initial water
(bulk shipment) transporter obtains the date of delivery and signature
of the water (bulk shipment) transporter on the manifest and forwards it
to the designated facility; and
(5) A copy of the shipping paper or manifest is retained by each
water (bulk shipment) transporter in accordance with Sec. 263.22.
(f) For shipments involving rail transportation, the requirements of
paragraphs (c), (d) and (e) do not apply and the following requirements
do apply:
(1) When accepting hazardous waste from a non-rail transporter, the
initial rail transporter must:
(i) Sign and date the manifest acknowledging acceptance of the
hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail
transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any; or,
(B) The designated facility, if the shipment is delivered to that
facility by rail; or
(C) The last rail transporter designated to handle the waste in the
United States;
(iv) Retain one copy of the manifest and rail shipping paper in
accordance with Sec. 263.22.
(2) Rail transporters must ensure that a shipping paper containing
all the information required on the manifest (excluding the EPA
identification numbers, generator certification, and signatures) and,
for exports an EPA Acknowledgment of Consent accompanies the hazardous
waste at all times.
Note: Intermediate rail transporters are not required to sign either
the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a
rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the
owner or operator of the designated facility on the manifest or the
shipping paper (if the manifest has not been received by the facility);
and
(ii) Retain a copy of the manifest or signed shipping paper in
accordance with Sec. 263.22.
(4) When delivering hazardous waste to a non-rail transporter a rail
transporter must:
(i) Obtain the date of delivery and the handwritten signature of the
next non-rail transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with Sec. 263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-
rail transporter must sign and date the manifest and provide a copy to
the rail transporter.
(g) Transporters who transport hazardous waste out of the United
States must:
(1) Sign and date the manifest in the International Shipments block
to indicate the date that the shipment left the United States;
(2) Retain one copy in accordance with Sec. 263.22(d);
(3) Return a signed copy of the manifest to the generator; and
(4) Give a copy of the manifest to a U.S. Customs official at the
point of departure from the United States.
(h) A transporter transporting hazardous waste from a generator who
generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month need not comply with the
requirements of this section or those of Sec. 263.22 provided that:
(1) The waste is being transported pursuant to a reclamation
agreement as provided for in Sec. 262.20(e);
(2) The transporter records, on a log or shipping paper, the
following information for each shipment:
(i) The name, address, and U.S. EPA Identification Number of the
generator of the waste;
(ii) The quantity of waste accepted;
(iii) All DOT-required shipping information;
(iv) The date the waste is accepted; and
[[Page 349]]
(3) The transporter carries this record when transporting waste to
the reclamation facility; and
(4) The transporter retains these records for a period of at least
three years after termination or expiration of the agreement.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr.
12, 1996; 70 FR 10821, Mar. 4, 2005]
Effective Date Note: At 79 FR 7559, Feb. 7, 2014, Sec. 263.20 was
amended by revising paragraph (a), effective Aug. 6, 2014. For the
convenience of the user, the revised text is set forth as follows:
Sec. 263.20 The manifest system.
(a)(1) Manifest requirement. A transporter may not accept hazardous
waste from a generator unless the transporter is also provided with a
manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A)
signed in accordance with the requirement of Sec. 262.23, or is provided
with an electronic manifest that is obtained, completed, and transmitted
in accordance with Sec. 262.20(a)(3) of this chapter, and signed with a
valid and enforceable electronic signature as described in 40 CFR
262.25.
(2) Exports. In the case of exports other than those subject to
Subpart H of 40 CFR part 262, a transporter may not accept such waste
from a primary exporter or other person if he knows the shipment does
not conform to the EPA Acknowledgment of Consent; and unless, in
addition to a manifest signed by the generator in accordance with this
section, the transporter shall also be provided with an EPA
Acknowledgment of Consent which, except for shipments by rail, is
attached to the manifest (or shipping paper for exports by water (bulk
shipment)). For exports of hazardous waste subject to the requirements
of subpart H of 40 CFR part 262, a transporter may not accept hazardous
waste without a tracking document that includes all information required
by 40 CFR 262.84.
(3) Compliance date for form revisions. The revised Manifest form
and procedures in 40 CFR 260.10, 261.7, 263.20, and 263.21, had an
effective date of September 5, 2006. The Manifest form and procedures in
40 CFR 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR, parts
260 to 265, edition revised as of July 1, 2004, were applicable until
September 5, 2006.
(4) Use of electronic manifest--legal equivalence to paper forms for
participating transporters. Electronic manifests that are obtained,
completed, and transmitted in accordance with Sec. 262.20(a)(3) of this
chapter, and used in accordance with this section in lieu of EPA Forms
8700-22 and 8700-22A, are the legal equivalent of paper manifest forms
bearing handwritten signatures, and satisfy for all purposes any
requirement in these regulations to obtain, complete, sign, carry,
provide, give, use, or retain a manifest.
(i) Any requirement in these regulations to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature, is
satisfied by signing with or obtaining a valid and enforceable
electronic signature within the meaning of 40 CFR 262.25.
(ii) Any requirement in these regulations to give, provide, send,
forward, or return to another person a copy of the manifest is satisfied
when a copy of an electronic manifest is transmitted to the other person
by submission to the system.
(iii) Any requirement in these regulations for a manifest to
accompany a hazardous waste shipment is satisfied when a copy of an
electronic manifest is accessible during transportation and forwarded to
the person or persons who are scheduled to receive delivery of the waste
shipment, except that to the extent that the Hazardous Materials
regulation on shipping papers for carriage by public highway requires
transporters of hazardous materials to carry a paper document to comply
with 49 CFR 177.817, a hazardous waste transporter must carry one
printed copy of the electronic manifest on the transport vehicle.
(iv) Any requirement in these regulations for a transporter to keep
or retain a copy of a manifest is satisfied by the retention of an
electronic manifest in the transporter's account on the e-Manifest
system, provided that such copies are readily available for viewing and
production if requested by any EPA or authorized state inspector.
(v) No transporter may be held liable for the inability to produce
an electronic manifest for inspection under this section if that
transporter can demonstrate that the inability to produce the electronic
manifest is exclusively due to a technical difficulty with the EPA
system for which the transporter bears no responsibility.
(5) A transporter may participate in the electronic manifest system
either by accessing the electronic manifest system from the
transporter's own electronic equipment, or by accessing the electronic
manifest system from the equipment provided by a participating
generator, by another transporter, or by a designated facility.
(6) Special procedures when electronic manifest is not available. If
after a manifest has been originated electronically and signed
electronically by the initial transporter, and the electronic manifest
system should become unavailable for any reason, then:
(i) The transporter in possession of the hazardous waste when the
electronic manifest becomes unavailable shall reproduce sufficient
copies of the printed manifest that is carried on the transport vehicle
pursuant to
[[Page 350]]
paragraph (a)(4)(iii)(A) of this section, or obtain and complete another
paper manifest for this purpose. The transporter shall reproduce
sufficient copies to provide the transporter and all subsequent waste
handlers with a copy for their files, plus two additional copies that
will be delivered to the designated facility with the hazardous waste.
(ii) On each printed copy, the transporter shall include a notation
in the Special Handling and Additional Description space (Item 14) that
the paper manifest is a replacement manifest for a manifest originated
in the electronic manifest system, shall include (if not pre-printed on
the replacement manifest) the manifest tracking number of the electronic
manifest that is replaced by the paper manifest, and shall also include
a brief explanation why the electronic manifest was not available for
completing the tracking of the shipment electronically.
(iii) A transporter signing a replacement manifest to acknowledge
receipt of the hazardous waste must ensure that each paper copy is
individually signed and that a legible handwritten signature appears on
each copy.
(iv) From the point at which the electronic manifest is no longer
available for tracking the waste shipment, the paper replacement
manifest copies shall be carried, signed, retained as records, and given
to a subsequent transporter or to the designated facility, following the
instructions, procedures, and requirements that apply to the use of all
other paper manifests.
(7) Special procedures for electronic signature methods undergoing
tests. If a transporter using an electronic manifest signs this manifest
electronically using an electronic signature method which is undergoing
pilot or demonstration tests aimed at demonstrating the practicality or
legal dependability of the signature method, then the transporter shall
sign the electronic manifest electronically and also sign with an ink
signature the transporter acknowledgement of receipt of materials on the
printed copy of the manifest that is carried on the vehicle in
accordance with paragraph (a)(4)(iii)(A) of this section. This printed
copy bearing the generator's and transporter's ink signatures shall also
be presented by the transporter to the designated facility to sign in
ink to indicate the receipt of the waste materials or to indicate
discrepancies. After the owner/operator of the designated facility has
signed this printed manifest copy with its ink signature, the printed
manifest copy shall be delivered to the designated facility with the
waste materials.
(8) Imposition of user fee for electronic manifest use. A
transporter who is a user of the electronic manifest may be assessed a
user fee by EPA for the origination or processing of each electronic
manifest. EPA shall maintain and update from time-to-time the current
schedule of electronic manifest user fees, which shall be determined
based on current and projected system costs and level of use of the
electronic manifest system. The current schedule of electronic manifest
user fees shall be published as an appendix to part 262 of this Chapter.
Sec. 263.21 Compliance with the manifest.
(a) The transporter must deliver the entire quantity of hazardous
waste which he has accepted from a generator or a transporter to:
(1) The designated facility listed on the manifest; or
(2) The alternate designated facility, if the hazardous waste cannot
be delivered to the designated facility because an emergency prevents
delivery; or
(3) The next designated transporter; or
(4) The place outside the United States designated by the generator.
(b)(1) If the hazardous waste cannot be delivered in accordance with
paragraph (a) of this section because of an emergency condition other
than rejection of the waste by the designated facility, then the
transporter must contact the generator for further directions and must
revise the manifest according to the generator's instructions.
(2) If hazardous waste is rejected by the designated facility while
the transporter is on the facility's premises, then the transporter must
obtain the following:
(i) For a partial load rejection or for regulated quantities of
container residues, a copy of the original manifest that includes the
facility's date and signature, and the Manifest Tracking Number of the
new manifest that will accompany the shipment, and a description of the
partial rejection or container residue in the discrepancy block of the
original manifest. The transporter must retain a copy of this manifest
in accordance with Sec. 263.22, and give the remaining copies of the
original manifest to the rejecting designated facility. If the
transporter is forwarding the rejected part of the shipment or a
regulated container residue to an alternate facility or returning it to
the generator, the transporter must obtain a new manifest to accompany
the shipment, and the new manifest must include all of the information
required in 40 CFR 264.72(e)(1) through (6) or (f)(1) through (6) or 40
CFR
[[Page 351]]
265.72(e)(1) through (6) or (f)(1) through (6).
(ii) For a full load rejection that will be taken back by the
transporter, a copy of the original manifest that includes the rejecting
facility's signature and date attesting to the rejection, the
description of the rejection in the discrepancy block of the manifest,
and the name, address, phone number, and Identification Number for the
alternate facility or generator to whom the shipment must be delivered.
The transporter must retain a copy of the manifest in accordance with
Sec. 263.22, and give a copy of the manifest containing this information
to the rejecting designated facility. If the original manifest is not
used, then the transporter must obtain a new manifest for the shipment
and comply with 40 CFR 264.72(e)(1) through (6) or 40 CFR 265.72(e)(1)
through (6).
[45 FR 33151, May 19, 1980, as amended at 70 FR 10821, Mar. 2005]
Sec. 263.22 Recordkeeping.
(a) A transporter of hazardous waste must keep a copy of the
manifest signed by the generator, himself, and the next designated
transporter or the owner or operator of the designated facility for a
period of three years from the date the hazardous waste was accepted by
the initial transporter.
(b) For shipments delivered to the designated facility by water
(bulk shipment), each water (bulk shipment) transporter must retain a
copy of the shipping paper containing all the information required in
Sec. 263.20(e)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail within the United
States:
(1) The initial rail transporter must keep a copy of the manifest
and shipping paper with all the information required in
Sec. 263.20(f)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter; and
(2) The final rail transporter must keep a copy of the signed
manifest (or the shipping paper if signed by the designated facility in
lieu of the manifest) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
Note: Intermediate rail transporters are not required to keep
records pursuant to these regulations.
(d) A transporter who transports hazardous waste out of the United
States must keep a copy of the manifest indicating that the hazardous
waste left the United States for a period of three years from the date
the hazardous waste was accepted by the initial transporter.
(e) The periods of retention referred to in this Section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980]
Sec. 263.25 Electronic manifest signatures.
(a) Electronic manifest signatures shall meet the criteria described
in Sec. 262.25 of this chapter.
(b) [Reserved]
[79 FR 7560, Feb. 7, 2014]
Effective Date Note: At 79 FR 7560, Feb. 7, 2014, Sec. 263.25 was
added, effective Aug. 6, 2014.
Subpart C_Hazardous Waste Discharges
Sec. 263.30 Immediate action.
(a) In the event of a discharge of hazardous waste during
transportation, the transporter must take appropriate immediate action
to protect human health and the environment (e.g., notify local
authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs during transportation
and an official (State or local government or a Federal Agency) acting
within the scope of his official responsibilities determines that
immediate removal of the waste is necessary to protect human health or
the environment, that official may authorize the removal of the waste by
transporters who do not have EPA identification numbers and without the
preparation of a manifest.
[[Page 352]]
(c) An air, rail, highway, or water transporter who has discharged
hazardous waste must:
(1) Give notice, if required by 49 CFR 171.15, to the National
Response Center (800-424-8802 or 202-426-2675); and
(2) Report in writing as required by 49 CFR 171.16 to the Director,
Office of Hazardous Materials Regulations, Materials Transportation
Bureau, Department of Transportation, Washington, DC 20590.
(d) A water (bulk shipment) transporter who has discharged hazardous
waste must give the same notice as required by 33 CFR 153.203 for oil
and hazardous substances.
Sec. 263.31 Discharge clean up.
A transporter must clean up any hazardous waste discharge that
occurs during transportation or take such action as may be required or
approved by Federal, State, or local officials so that the hazardous
waste discharge no longer presents a hazard to human health or the
environment.
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
Subpart A_General
Sec.
264.1 Purpose, scope and applicability.
264.2 [Reserved]
264.3 Relationship to interim status standards.
264.4 Imminent hazard action.
Subpart B_General Facility Standards
264.10 Applicability.
264.11 Identification number.
264.12 Required notices.
264.13 General waste analysis.
264.14 Security.
264.15 General inspection requirements.
264.16 Personnel training.
264.17 General requirements for ignitable, reactive, or incompatible
wastes.
264.18 Location standards.
264.19 Construction quality assurance program.
Subpart C_Preparedness and Prevention
264.30 Applicability.
264.31 Design and operation of facility.
264.32 Required equipment.
264.33 Testing and maintenance of equipment.
264.34 Access to communications or alarm system.
264.35 Required aisle space.
264.36 [Reserved]
264.37 Arrangements with local authorities.
Subpart D_Contingency Plan and Emergency Procedures
264.50 Applicability.
264.51 Purpose and implementation of contingency plan.
264.52 Content of contingency plan.
264.53 Copies of contingency plan.
264.54 Amendment of contingency plan.
264.55 Emergency coordinator.
264.56 Emergency procedures.
Subpart E_Manifest System, Recordkeeping, and Reporting
264.70 Applicability.
264.71 Use of manifest system.
264.72 Manifest discrepancies.
264.73 Operating record.
264.74 Availability, retention, and disposition of records.
264.75 Biennial report.
264.76 Unmanifested waste report.
264.77 Additional reports.
Subpart F_Releases From Solid Waste Management Units
264.90 Applicability.
264.91 Required programs.
264.92 Ground-water protection standard.
264.93 Hazardous constituents.
264.94 Concentration limits.
264.95 Point of compliance.
264.96 Compliance period.
264.97 General ground-water monitoring requirements.
264.98 Detection monitoring program.
264.99 Compliance monitoring program.
264.100 Corrective action program.
264.101 Corrective action for solid waste management units.
Subpart G_Closure and Post-Closure
264.110 Applicability.
264.111 Closure performance standard.
264.112 Closure plan; amendment of plan.
264.113 Closure; time allowed for closure.
264.114 Disposal or decontamination of equipment, structures and soils.
264.115 Certification of closure.
264.116 Survey plat.
264.117 Post-closure care and use of property.
264.118 Post-closure plan; amendment of plan.
264.119 Post-closure notices.
[[Page 353]]
264.120 Certification of completion of post-closure care.
Subpart H_Financial Requirements
264.140 Applicability.
264.141 Definitions of terms as used in this subpart.
264.142 Cost estimate for closure.
264.143 Financial assurance for closure.
264.144 Cost estimate for post-closure care.
264.145 Financial assurance for post-closure care.
264.146 Use of a mechanism for financial assurance of both closure and
post-closure care.
264.147 Liability requirements.
264.148 Incapacity of owners or operators, guarantors, or financial
institutions.
264.149 Use of State-required mechanisms.
264.150 State assumption of responsibility.
264.151 Wording of the instruments.
Subpart I_Use and Management of Containers
264.170 Applicability.
264.171 Condition of containers.
264.172 Compatibility of waste with containers.
264.173 Management of containers.
264.174 Inspections.
264.175 Containment.
264.176 Special requirements for ignitable or reactive waste.
264.177 Special requirements for incompatible wastes.
264.178 Closure.
264.179 Air emission standards.
Subpart J_Tank Systems
264.190 Applicability.
264.191 Assessment of existing tank system's integrity.
264.192 Design and installation of new tank systems or components.
264.193 Containment and detection of releases.
264.194 General operating requirements.
264.195 Inspections.
264.196 Response to leaks or spills and disposition of leaking or
unfit-for-use tank systems.
264.197 Closure and post-closure care.
264.198 Special requirements for ignitable or reactive wastes.
264.199 Special requirements for incompatible wastes.
264.200 Air emission standards.
Subpart K_Surface Impoundments
264.220 Applicability.
264.221 Design and operating requirements.
264.222 Action leakage rate.
264.223 Response actions.
264.224-264.225 [Reserved]
264.226 Monitoring and inspection.
264.227 Emergency repairs; contingency plans.
264.228 Closure and post-closure care.
264.229 Special requirements for ignitable or reactive waste.
264.230 Special requirements for incompatible wastes.
264.231 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
264.232 Air emission standards.
Subpart L_Waste Piles
264.250 Applicability.
264.251 Design and operating requirements.
264.252 Action leakage rate.
254.253 Response actions.
264.254 Monitoring and inspection.
264.255 [Reserved]
264.256 Special requirements for ignitable or reactive waste.
264.257 Special requirements for incompatible wastes.
264.258 Closure and post-closure care.
264.259 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart M_Land Treatment
264.270 Applicability.
264.271 Treatment program.
264.272 Treatment demonstration.
264.273 Design and operating requirements.
264.274-264.275 [Reserved]
264.276 Food-chain crops.
264.277 [Reserved]
264.278 Unsaturated zone monitoring.
264.279 Recordkeeping.
264.280 Closure and post-closure care.
264.281 Special requirements for ignitable or reactive waste.
264.282 Special requirements for incompatible wastes.
264.283 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart N_Landfills
264.300 Applicability.
264.301 Design and operating requirements.
264.302 Action leakage rate.
264.303 Monitoring and inspection.
264.304 Response actions.
264.305-264.308 [Reserved]
264.309 Surveying and recordkeeping.
264.310 Closure and post-closure care.
264.311 [Reserved]
264.312 Special requirements for ignitable or reactive waste.
264.313 Special requirements for incompatible wastes.
264.314 Special requirements for bulk and containerized liquids.
264.315 Special requirements for containers.
[[Page 354]]
264.316 Disposal of small containers of hazardous waste in overpacked
drums (lab packs).
264.317 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart O_Incinerators
264.340 Applicability.
264.341 Waste analysis.
264.342 Principal organic hazardous constituents (POHCs).
264.343 Performance standards.
264.344 Hazardous waste incinerator permits.
264.345 Operating requirements.
264.346 [Reserved]
264.347 Monitoring and inspections.
264.348-264.350 [Reserved]
264.351 Closure.
Subparts P-R [Reserved]
Subpart S_Special Provisions for Cleanup
264.550 Applicability of Corrective Action Management Unit (CAMU)
regulations.
264.551 Grandfathered Corrective Action Management Units (CAMUs).
264.552 Corrective Action Management Units (CAMU).
264.553 Temporary Units (TU).
264.554 Staging piles.
264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste
landfills.
Subparts T-V [Reserved]
Subpart W_Drip Pads
264.570 Applicability.
264.571 Assessment of existing drip pad integrity.
264.572 Design and installation of new drip pads.
264.573 Design and operating requirements.
264.574 Inspections.
264.575 Closure.
Subpart X_Miscellaneous Units
264.600 Applicability.
264.601 Environmental performance standards.
264.602 Monitoring, analysis, inspection, response, reporting, and
corrective action.
264.603 Post-closure care.
Subparts Y-Z [Reserved]
Subpart AA_Air Emission Standards for Process Vents
264.1030 Applicability.
264.1031 Definitions.
264.1032 Standards: Process vents.
264.1033 Standards: Closed-vent systems and control devices.
264.1034 Test methods and procedures.
264.1035 Recordkeeping requirements.
264.1036 Reporting requirements.
264.1037-264.1049 [Reserved]
Subpart BB_Air Emission Standards for Equipment Leaks
264.1050 Applicability.
264.1051 Definitions.
264.1052 Standards: Pumps in light liquid service.
264.1053 Standards: Compressors.
264.1054 Standards: Pressure relief devices in gas/vapor service.
264.1055 Standards: Sampling connection systems.
264.1056 Standards: Open-ended valves or lines.
264.1057 Standards: Valves in gas/vapor service or in light liquid
service.
264.1058 Standards: Pumps and valves in heavy liquid service, pressure
relief devices in light liquid or heavy liquid service, and
flanges and other connectors.
264.1059 Standards: Delay of repair.
264.1060 Standards: Closed-vent systems and control devices.
264.1061 Alternative standards for valves in gas/vapor service or in
light liquid service: percentage of valves allowed to leak.
264.1062 Alternative standards for valves in gas/vapor service or in
light liquid service: skip period leak detection and repair.
264.1063 Test methods and procedures.
264.1064 Recordkeeping requirements.
264.1065 Reporting requirements.
264.1066-264.1079 [Reserved]
Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and
Containers
264.1080 Applicability.
264.1081 Definitions.
264.1082 Standards: General.
264.1083 Waste determination procedures.
264.1084 Standards: Tanks.
264.1085 Standards: Surface impoundments.
264.1086 Standards: Containers.
264.1087 Standards: Closed-vent systems and control devices.
264.1088 Inspection and monitoring requirements.
264.1089 Recordkeeping requirements.
264.1090 Reporting requirements.
264.1091 [Reserved]
Subpart DD_Containment Buildings
264.1100 Applicability.
264.1101 Design and operating standards.
264.1102 Closure and post-closure care.
264.1103-264.1110 [Reserved]
[[Page 355]]
Subpart EE_Hazardous Waste Munitions and Explosives Storage
264.1200 Applicability.
264.1201 Design and operating standards.
264.1202 Closure and post-closure care.
Appendix I to Part 264--Recordkeeping Instructions
Appendixes II-III to Part 264 [Reserved]
Appendix IV to Part 264--Cochran's Approximation to the Behrens-Fisher
Students' T-test
Appendix V to Part 264--Examples of Potentially Incompatible Waste
Appendix VI to Part 264--Political Jurisdictions in Which Compliance
With Sec. 264.18(a) Must Be Demonstrated
Appendixes VII-VIII to Part 264 [Reserved]
Appendix IX to Part 264--Ground-Water Monitoring List
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Source: 45 FR 33221, May 19, 1980, unless otherwise noted.
Subpart A_General
Sec. 264.1 Purpose, scope and applicability.
(a) The purpose of this part is to establish minimum national
standards which define the acceptable management of hazardous waste.
(b) The standards in this part apply to owners and operators of all
facilities which treat, store, or dispose of hazardous waste, except as
specifically provided otherwise in this part or part 261 of this
chapter.
(c) The requirements of this part apply to a person disposing of
hazardous waste by means of ocean disposal subject to a permit issued
under the Marine Protection, Research, and Sanctuaries Act only to the
extent they are included in a RCRA permit by rule granted to such a
person under part 270 of this chapter.
[Comment: These part 264 regulations do apply to the treatment or
storage of hazardous waste before it is loaded onto an ocean vessel for
incineration or disposal at sea.]
(d) The requirements of this part apply to a person disposing of
hazardous waste by means of underground injection subject to a permit
issued under an Underground Injection Control (UIC) program approved or
promulgated under the Safe Drinking Water Act only to the extent they
are required by Sec. 144.14 of this chapter.
[Comment: These part 264 regulations do apply to the above-ground
treatment or storage of hazardous waste before it is injected
underground.]
(e) The requirements of this part apply to the owner or operator of
a POTW which treats, stores, or disposes of hazardous waste only to the
extent they are included in a RCRA permit by rule granted to such a
person under part 270 of this chapter.
(f) The requirements of this part do not apply to a person who
treats, stores, or disposes of hazardous waste in a State with a RCRA
hazardous waste program authorized under subpart A of part 271 of this
chapter, or in a State authorized under subpart B of part 271 of this
chapter for the component or components of Phase II interim
authorization which correspond to the person's treatment, storage or
disposal processes; except that this part will apply:
(1) As stated in paragraph (d) of this section, if the authorized
State RCRA program does not cover disposal of hazardous waste by means
of underground injection; and
(2) To a person who treats, stores or disposes of hazardous waste in
a State authorized under subpart A of part 271 of this chapter, at a
facility which was not covered by standards under this part when the
State obtained authorization, and for which EPA promulgates standards
under this part after the State is authorized. This paragraph will only
apply until the State is authorized to permit such facilities under
subpart A of part 271 of this chapter.
(3) To a person who treats, stores, or disposes of hazardous waste
in a State which is authorized under subpart A or B of part 271 of this
chapter if the State has not been authorized to carry out the
requirements and prohibitions applicable to the treatment, storage, or
disposal of hazardous waste at his facility which are imposed pursuant
to the Hazardous and Solid Waste Amendments of 1984. The requirements
and prohibitions that are applicable until a State receives
authorization to carry them out include all Federal program requirements
identified in Sec. 271.1(j).
[[Page 356]]
(g) The requirements of this part do not apply to:
(1) The owner or operator of a facility permitted, licensed, or
registered by a State to manage municipal or industrial solid waste, if
the only hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under this part by Sec. 261.5 of this chapter;
(2) The owner or operator of a facility managing recyclable
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter
(except to the extent they are referred to in part 279 or subparts C, F,
G, or H of part 266 of this chapter).
(3) A generator accumulating waste on-site in compliance with
Sec. 262.34 of this chapter;
(4) A farmer disposing of waste pesticides from his own use in
compliance with Sec. 262.70 of this chapter; or
(5) The owner or operator of a totally enclosed treatment facility,
as defined in Sec. 260.10.
(6) The owner or operator of an elementary neutralization unit or a
wastewater treatment unit as defined in Sec. 260.10 of this chapter,
provided that if the owner or operator is diluting hazardous ignitable
(D001) wastes (other than the D001 High TOC Subcategory defined in
Sec. 268.40 of this chapter, Table Treatment Standards for Hazardous
Wastes), or reactive (D003) waste, to remove the characteristic before
land disposal, the owner/operator must comply with the requirements set
out in Sec. 264.17(b).
(7) [Reserved]
(8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a
person engaged in treatment or containment activities during immediate
response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous
waste;
(C) A discharge of a material which, when discharged, becomes a
hazardous waste.
(D) An immediate threat to human health, public safety, property, or
the environment, from the known or suspected presence of military
munitions, other explosive material, or an explosive device, as
determined by an explosive or munitions emergency response specialist as
defined in 40 CFR 260.10.
(ii) An owner or operator of a facility otherwise regulated by this
part must comply with all applicable requirements of subparts C and D.
(iii) Any person who is covered by paragraph (g)(8)(i) of this
section and who continues or initiates hazardous waste treatment or
containment activities after the immediate response is over is subject
to all applicable requirements of this part and parts 122 through 124 of
this chapter for those activities.
(iv) In the case of an explosives or munitions emergency response,
if a Federal, State, Tribal or local official acting within the scope of
his or her official responsibilities, or an explosives or munitions
emergency response specialist, determines that immediate removal of the
material or waste is necessary to protect human health or the
environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of
emergencies involving military munitions, the responding military
emergency response specialist's organizational unit must retain records
for three years identifying the dates of the response, the responsible
persons responding, the type and description of material addressed, and
its disposition.
(9) A transporter storing manifested shipments of hazardous waste in
containers meeting the requirements of 40 CFR 262.30 at a transfer
facility for a period of ten days or less.
(10) The addition of absorbent material to waste in a container (as
defined in Sec. 260.10 of this chapter) or the addition of waste to
absorbent material in a container, provided that these actions occur at
the time waste is first placed in the container; and Secs. 264.17(b),
264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) handling the wastes listed below. These
handlers are subject to regulation under 40 CFR part 273, when handling
the below listed universal wastes.
[[Page 357]]
(i) Batteries as described in 40 CFR 273.2;
(ii) Pesticides as described in Sec. 273.3 of this chapter;
(iii) Mercury-containing equipment as described in Sec. 273.4 of
this chapter; and
(iv) Lamps as described in Sec. 273.5 of this chapter.
(12) A New York State Utility central collection facility
consolidating hazardous waste in accordance with 40 CFR 262.90.
(h) The requirements of this part apply to owners or operators of
all facilities which treat, store, or dispose of hazardous wastes
referred to in part 268.
(i) Section 266.205 of this chapter identifies when the requirements
of this part apply to the storage of military munitions classified as
solid waste under Sec. 266.202 of this chapter. The treatment and
disposal of hazardous waste military munitions are subject to the
applicable permitting, procedural, and technical standards in 40 CFR
parts 260 through 270.
(j) The requirements of subparts B, C, and D of this part and
Sec. 264.101 do not apply to remediation waste management sites.
(However, some remediation waste management sites may be a part of a
facility that is subject to a traditional RCRA permit because the
facility is also treating, storing or disposing of hazardous wastes that
are not remediation wastes. In these cases, Subparts B, C, and D of this
part, and Sec. 264.101 do apply to the facility subject to the
traditional RCRA permit.) Instead of the requirements of subparts B, C,
and D of this part, owners or operators of remediation waste management
sites must:
(1) Obtain an EPA identification number by applying to the
Administrator using EPA Form 8700-12;
(2) Obtain a detailed chemical and physical analysis of a
representative sample of the hazardous remediation wastes to be managed
at the site. At a minimum, the analysis must contain all of the
information which must be known to treat, store or dispose of the waste
according to this part and part 268 of this chapter, and must be kept
accurate and up to date;
(3) Prevent people who are unaware of the danger from entering, and
minimize the possibility for unauthorized people or livestock to enter
onto the active portion of the remediation waste management site, unless
the owner or operator can demonstrate to the Director that:
(i) Physical contact with the waste, structures, or equipment within
the active portion of the remediation waste management site will not
injure people or livestock who may enter the active portion of the
remediation waste management site; and
(ii) Disturbance of the waste or equipment by people or livestock
who enter onto the active portion of the remediation waste management
site, will not cause a violation of the requirements of this part;
(4) Inspect the remediation waste management site for malfunctions,
deterioration, operator errors, and discharges that may be causing, or
may lead to, a release of hazardous waste constituents to the
environment, or a threat to human health. The owner or operator must
conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment, and must
remedy the problem before it leads to a human health or environmental
hazard. Where a hazard is imminent or has already occurred, the owner/
operator must take remedial action immediately;
(5) Provide personnel with classroom or on-the-job training on how
to perform their duties in a way that ensures the remediation waste
management site complies with the requirements of this part, and on how
to respond effectively to emergencies;
(6) Take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste, and prevent threats to human health and the
environment from ignitable, reactive and incompatible waste;
(7) For remediation waste management sites subject to regulation
under subparts I through O and subpart X of this part, the owner/
operator must design, construct, operate, and maintain a unit within a
100-year floodplain to prevent washout of any hazardous waste by a 100-
year flood, unless the
[[Page 358]]
owner/operator can meet the demonstration of Sec. 264.18(b);
(8) Not place any non-containerized or bulk liquid hazardous waste
in any salt dome formation, salt bed formation, underground mine or
cave;
(9) Develop and maintain a construction quality assurance program
for all surface impoundments, waste piles and landfill units that are
required to comply with Secs. 264.221(c) and (d), 264.251(c) and (d),
and 264.301(c) and (d) at the remediation waste management site,
according to the requirements of Sec. 264.19;
(10) Develop and maintain procedures to prevent accidents and a
contingency and emergency plan to control accidents that occur. These
procedures must address proper design, construction, maintenance, and
operation of remediation waste management units at the site. The goal of
the plan must be to minimize the possibility of, and the hazards from a
fire, explosion, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface
water that could threaten human health or the environment. The plan must
explain specifically how to treat, store and dispose of the hazardous
remediation waste in question, and must be implemented immediately
whenever a fire, explosion, or release of hazardous waste or hazardous
waste constituents which could threaten human health or the environment;
(11) Designate at least one employee, either on the facility
premises or on call (that is, available to respond to an emergency by
reaching the facility quickly), to coordinate all emergency response
measures. This emergency coordinator must be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and
activities at the facility, the location and characteristics of waste
handled, the location of all records within the facility, and the
facility layout. In addition, this person must have the authority to
commit the resources needed to carry out the contingency plan;
(12) Develop, maintain and implement a plan to meet the requirements
in paragraphs (j)(2) through (j)(6) and (j)(9) through (j)(10) of this
section; and
(13) Maintain records documenting compliance with paragraphs (j)(1)
through (j)(12) of this section.
[45 FR 33221, May 19, 1980]
Editorial Note: For Federal Register citations affecting Sec. 264.1,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 264.2 [Reserved]
Sec. 264.3 Relationship to interim status standards.
A facility owner or operator who has fully complied with the
requirements for interim status--as defined in section 3005(e) of RCRA
and regulations under Sec. 270.70 of this chapter--must comply with the
regulations specified in part 265 of this chapter in lieu of the
regulations in this part, until final administrative disposition of his
permit application is made, except as provided under 40 CFR part 264
subpart S.
[Comment: As stated in section 3005(a) of RCRA, after the effective date
of regulations under that section, i.e., parts 270 and 124 of this
chapter, the treatment, storage, or disposal of hazardous waste is
prohibited except in accordance with a permit. Section 3005(e) of RCRA
provides for the continued operation of an existing facility which meets
certain conditions until final administrative disposition of the owner's
or operator's permit application is made.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58
FR 8683, Feb. 16, 1993]
Sec. 264.4 Imminent hazard action.
Notwithstanding any other provisions of these regulations,
enforcement actions may be brought pursuant to section 7003 of RCRA.
[45 FR 33221, May 19, 1980, as amended at 71 FR 40272, July 14, 2006]
Subpart B_General Facility Standards
Sec. 264.10 Applicability.
(a) The regulations in this subpart apply to owners and operators of
all hazardous waste facilities, except as provided in Sec. 264.1 and in
paragraph (b) of this section.
(b) Section 264.18(b) applies only to facilities subject to
regulation under
[[Page 359]]
subparts I through O and subpart X of this part.
[46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987]
Sec. 264.11 Identification number.
Every facility owner or operator must apply to EPA for an EPA
identification number in accordance with the EPA notification procedures
(45 FR 12746).
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.12 Required notices.
(a)(1) The owner or operator of a facility that has arranged to
receive hazardous waste from a foreign source must notify the Regional
Administrator in writing at least four weeks in advance of the date the
waste is expected to arrive at the facility. Notice of subsequent
shipments of the same waste from the same foreign source is not
required.
(2) The owner or operator of a recovery facility that has arranged
to receive hazardous waste subject to 40 CFR part 262, subpart H must
provide a copy of the movement document bearing all required signatures
to the foreign exporter; to the Office of Enforcement and Compliance
Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and to the competent
authorities of all other countries concerned within three (3) working
days of receipt of the shipment. The original of the signed movement
document must be maintained at the facility for at least three (3)
years. In addition, such owner or operator shall, as soon as possible,
but no later than thirty (30) days after the completion of recovery and
no later than one (1) calendar year following the receipt of the
hazardous waste, send a certificate of recovery to the foreign exporter
and to the competent authority of the country of export and to EPA's
Office of Enforcement and Compliance Assurance at the above address by
mail, e-mail without a digital signature followed by mail, or fax
followed by mail.
(b) The owner or operator of a facility that receives hazardous
waste from an off-site source (except where the owner or operator is
also the generator) must inform the generator in writing that he has the
appropriate permit(s) for, and will accept, the waste the generator is
shipping. The owner or operator must keep a copy of this written notice
as part of the operating record.
(c) Before transferring ownership or operation of a facility during
its operating life, or of a disposal facility during the post-closure
care period, the owner or operator must notify the new owner or operator
in writing of the requirements of this part and part 270 of this
chapter.
[Comment: An owner's or operator's failure to notify the new owner or
operator of the requirements of this part in no way relieves the new
owner or operator of his obligation to comply with all applicable
requirements.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996; 75 FR 1260, Jan. 8,
2010]
Sec. 264.13 General waste analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of
any hazardous wastes, or nonhazardous wastes if applicable under
Sec. 264.113(d), he must obtain a detailed chemical and physical
analysis of a representative sample of the wastes. At a minimum, the
analysis must contain all the information which must be known to treat,
store, or dispose of the waste in accordance with this part and part 268
of this chapter.
(2) The analysis may include data developed under part 261 of this
chapter, and existing published or documented data on the hazardous
waste or on hazardous waste generated from similar processes.
[1: For example, the facility's records of analyses performed on the
waste before the effective date of these regulations, or studies
conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility, may be included
in the data base required to comply with paragraph (a)(1) of this
section. The owner or operator of an off-site facility may arrange for
the generator of the hazardous waste to supply part of the information
required by paragraph (a)(1) of
[[Page 360]]
this section, except as otherwise specified in 40 CFR 268.7 (b) and (c).
If the generator does not supply the information, and the owner or
operator chooses to accept a hazardous waste, the owner or operator is
responsible for obtaining the information required to comply with this
section.]
(3) The analysis must be repeated as necessary to ensure that it is
accurate and up to date. At a minimum, the analysis must be repeated:
(i) When the owner or operator is notified, or has reason to
believe, that the process or operation generating the hazardous wastes,
or non-hazardous wastes if applicable under Sec. 264.113(d), has
changed; and
(ii) For off-site facilities, when the results of the inspection
required in paragraph (a)(4) of this section indicate that the hazardous
waste received at the facility does not match the waste designated on
the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site facility must inspect and,
if necessary, analyze each hazardous waste movement received at the
facility to determine whether it matches the identity of the waste
specified on the accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste
analysis plan which describes the procedures which he will carry out to
comply with paragraph (a) of this section. He must keep this plan at the
facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous waste, or non-hazardous
waste if applicable under Sec. 264.113(d), will be analyzed and the
rationale for the selection of these parameters (i.e., how analysis for
these parameters will provide sufficient information on the waste's
properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these
parameters;
(3) The sampling method which will be used to obtain a
representative sample of the waste to be analyzed. A representative
sample may be obtained using either:
(i) One of the sampling methods described in appendix I of part 261
of this chapter; or
(ii) An equivalent sampling method.
[Comment: See Sec. 260.21 of this chapter for related discussion.]
(4) 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
(5) For off-site facilities, the waste analyses that hazardous waste
generators have agreed to supply.
(6) Where applicable, the methods that will be used to meet the
additional waste analysis requirements for specific waste management
methods as specified in Secs. 264.17, 264.314, 264.341, 264.1034(d),
264.1063(d), 264.1083, and 268.7 of this chapter.
(7) For surface impoundments exempted from land disposal
restrictions under Sec. 268.4(a), the procedures and schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and,
(iii) The annual removal of residues which are not delisted under
Sec. 260.22 of this chapter or which exhibit a characteristic of
hazardous waste and either:
(A) Do not meet applicable treatment standards of part 268, subpart
D; or
(B) Where no treatment standards have been established:
(1) Such residues are prohibited from land disposal under
Sec. 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land disposal under
Sec. 268.33(f).
(8) For owners and operators seeking an exemption to the air
emission standards of subpart CC in accordance with Sec. 264.1082--
(i) If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the
results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination,
any information prepared by the facility owner or operator or by the
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in
paragraph (b) of this section must also specify the procedures which
will be used to in-spect and, if necessary, analyze each
[[Page 361]]
movement of hazardous waste received at the facility to ensure that it
matches the identity of the waste designated on the accompanying
manifest or shipping paper. At a minimum, the plan must describe:
(1) The procedures which will be used to determine the identity of
each movement of waste managed at the facility; and
(2) The sampling method which will be used to obtain a
representative sample of the waste to be identified, if the
identification method includes sampling.
(3) The procedures that the owner or operator of an off-site
landfill receiving containerized hazardous waste will use to determine
whether a hazardous waste generator or treater has added a biodegradable
sorbent to the waste in the container.
[Comment: Part 270 of this chapter requires that the waste analysis plan
be submitted with part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50
FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17,
1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR
25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18,
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 71 FR 40272,
July 14, 2006]
Sec. 264.14 Security.
(a) The owner or operator must prevent the unknowing entry, and
minimize the possibility for the unauthorized entry, of persons or
livestock onto the active portion of his facility, unless he can
demonstrate to the Regional Administrator that:
(1) Physical contact with the waste, structures, or equipment within
the active portion of the facility will not injure unknowing or
unauthorized persons or livestock which may enter the active portion of
a facility; and
(2) Disturbance of the waste or equipment, by the unknowing or
unauthorized entry of persons or livestock onto the active portion of a
facility, will not cause a violation of the requirements of this part.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
(b) Unless the owner or operator has made a successful demonstration
under paragraphs (a) (1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or
surveillance by guards or facility personnel) which continuously
monitors and controls entry onto the active portion of the facility; or
(2)(i) An artificial or natural barrier (e.g., a fence in good
repair or a fence combined with a cliff), which completely surrounds the
active portion of the facility; and
(ii) A means to control entry, at all times, through the gates or
other entrances to the active portion of the facility (e.g., an
attendant, television monitors, locked entrance, or controlled roadway
access to the facility).
[Comment: The requirements of paragraph (b) of this section are
satisfied if the facility or plant within which the active portion is
located itself has a surveillance system, or a barrier and a means to
control entry, which complies with the requirements of paragraph (b) (1)
or (2) of this section.]
(c) Unless the owner or operator has made a successful demonstration
under paragraphs (a) (1) and (2) of this section, a sign with the
legend, ``Danger--Unauthorized Personnel Keep Out'', must be posted at
each entrance to the active portion of a facility, and at other
locations, in sufficient numbers to be seen from any approach to this
active portion. The legend must be written in English and in any other
language predominant in the area surrounding the facility (e.g.,
facilities in counties bordering the Canadian province of Quebec must
post signs in French; facilities in counties bordering Mexico must post
signs in Spanish), and must be legible from a distance of at least 25
feet. Existing signs with a legend other than ``Danger--Unauthorized
Personnel Keep Out'' may be used if the legend on the sign indicates
that only authorized personnel are allowed to enter the active portion,
and that entry onto the active portion can be dangerous.
[[Page 362]]
[Comment: See Sec. 264.117(b) for discussion of security requirements at
disposal facilities during the post-closure care period.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]
Sec. 264.15 General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions
and deterioration, operator errors, and discharges which may be
causing--or may lead to--(1) release of hazardous waste constituents to
the environment or (2) a threat to human health. The owner or operator
must conduct these inspections often enough to identify problems in time
to correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written
schedule for inspecting monitoring equipment, safety and emergency
equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing,
detecting, or responding to environmental or human health hazards.
(2) He must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g.,
malfunctions or deterioration) which are to be looked for during the
inspection (e.g., inoperative sump pump, leaking fitting, eroding dike,
etc.).
(4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or operator
error goes undetected between inspections. Areas subject to spills, such
as loading and unloading areas, must be inspected daily when in use,
except for Performance Track member facilities, that must inspect at
least once each month, upon approval by the Director, as described in
paragraph (b)(5) of this section. At a minimum, the inspection schedule
must include the items and frequencies called for in Secs. 264.174,
264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602,
264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of
this part, where applicable.
[Comment: Part 270 of this chapter requires the inspection schedule to
be submitted with part B of the permit application. EPA will evaluate
the schedule along with the rest of the application to ensure that it
adequately protects human health and the environment. As part of this
review, EPA may modify or amend the schedule as may be necessary.]
(5) Performance Track member facilities that choose to reduce their
inspection frequency must:
(i) Submit a request for a Class I permit modification with prior
approval to the Director. The modification request must identify the
facility as a member of the National Environmental Performance Track
Program and identify the management units for reduced inspections and
the proposed frequency of inspections. The modification request must
also specify, in writing, that the reduced inspection frequency will
apply for as long as the facility is a Performance Track member
facility, and that within seven calendar days of ceasing to be a
Performance Track member, the facility will revert to the non-
Performance Track inspection frequency. Inspections must be conducted at
least once each month.
(ii) Within 60 days, the Director will notify the Performance Track
member facility, in writing, if the request is approved, denied, or if
an extension to the 60-day deadline is needed. This notice must be
placed in the facility's operating record. The Performance Track member
facility should consider the application approved if the Director does
not: deny the application; or notify the Performance Track member
facility of an extension to the 60-day deadline. In these situations,
the Performance Track member facility must adhere to the revised
inspection schedule outlined in its request for a Class 1 permit
modification and keep a copy of the application in the facility's
operating record.
(iii) Any Performance Track member facility that discontinues their
membership or is terminated from the program must immediately notify the
Director of their change in status. The facility must place in its
operating record a dated copy of this notification
[[Page 363]]
and revert back to the non-Performance Track inspection frequencies
within seven calendar days.
(c) The owner or operator must remedy any deterioration or
malfunction of equipment or structures which the inspection reveals on a
schedule which ensures that the problem does not lead to an
environmental or human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately.
(d) The owner or operator must record inspections in an inspection
log or summary. He must keep these records for at least three years from
the date of inspection. At a minimum, these records must include the
date and time of the inspection, the name of the inspector, a notation
of the observations made, and the date and nature of any repairs or
other remedial actions.
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6,
1994; 62 FR 64656, Dec. 8, 1997; 71 FR 16903, Apr. 4, 2006]
Sec. 264.16 Personnel training.
(a)(1) Facility personnel must successfully complete a program of
classroom instruction or on-the-job training that teaches them to
perform their duties in a way that ensures the facility's compliance
with the requirements of this part. The owner or operator must ensure
that this program includes all the elements described in the document
required under paragraph (d)(3) of this section.
[Comment: Part 270 of this chapter requires that owners and operators
submit with part B of the RCRA permit application, an outline of the
training program used (or to be used) at the facility and a brief
description of how the training program is designed to meet actual job
tasks.]
(2) This program must be directed by a person trained in hazardous
waste management procedures, and must include instruction which teaches
facility personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which they
are employed.
(3) At a minimum, the training program must be designed to ensure
that facility personnel are able to respond effectively to emergencies
by familiarizing them with emergency procedures, emergency equipment,
and emergency systems, including, where applicable:
(i) Procedures for using, inspecting, repairing, and replacing
facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(4) For facility employees that receive emergency response training
pursuant to Occupational Safety and Health Administration (OSHA)
regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not
required to provide separate emergency response training pursuant to
this section, provided that the overall facility training meets all the
requirements of this section.
(b) Facility personnel must successfully complete the program
required in paragraph (a) of this section within six months after the
effective date of these regulations or six months after the date of
their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date
of these regulations must not work in unsupervised positions until they
have completed the training requirements of paragraph (a) of this
section.
(c) Facility personnel must take part in an annual review of the
initial training required in paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and
records at the facility:
(1) The job title for each position at the facility related to
hazardous waste management, and the name of the employee filling each
job;
(2) A written job description for each position listed under
paragraph (d)(1) of this section. This description may be consistent in
its degree of specificity with descriptions for other similar positions
in the same company location or bargaining unit, but must include the
requisite skill, education, or other
[[Page 364]]
qualifications, and duties of employees assigned to each position;
(3) A written description of the type and amount of both
introductory and continuing training that will be given to each person
filling a position listed under paragraph (d)(1) of this section;
(4) Records that document that the training or job experience
required under paragraphs (a), (b), and (c) of this section has been
given to, and completed by, facility personnel.
(e) Training records on current personnel must be kept until closure
of the facility; training records on former employees must be kept for
at least three years from the date the employee last worked at the
facility. Personnel training records may accompany personnel transferred
within the same company.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4,
2006]
Sec. 264.17 General requirements for ignitable, reactive,
or incompatible wastes.
(a) The owner or operator must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. This
waste must be separated and protected from sources of ignition or
reaction including but not limited to: open flames, smoking, cutting and
welding, hot surfaces, frictional heat, sparks (static, electrical, or
mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flame to
specially designated locations. ``No Smoking'' signs must be
conspicuously placed wherever there is a hazard from ignitable or
reactive waste.
(b) Where specifically required by other sections of this part, the
owner or operator of a facility that treats, stores or disposes
ignitable or reactive waste, or mixes incompatible waste or incompatible
wastes and other materials, must take precautions to prevent reactions
which:
(1) Generate extreme heat or pressure, fire or explosions, or
violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in
sufficient quantities to threaten human health or the environment;
(3) Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the device or facility;
(5) Through other like means threaten human health or the
environment.
(c) When required to comply with paragraph (a) or (b) of this
section, the owner or operator must document that compliance. This
documentation may be based on references to published scientific or
engineering literature, data from trial tests (e.g., bench scale or
pilot scale tests), waste analyses (as specified in Sec. 264.13), or the
results of the treatment of similar wastes by similar treatment
processes and under similar operating conditions.
[46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985; 71
FR 40272, July 14, 2006]
Sec. 264.18 Location standards.
(a) Seismic considerations. (1) Portions of new facilities where
treatment, storage, or disposal of hazardous waste will be conducted
must not be located within 61 meters (200 feet) of a fault which has had
displacement in Holocene time.
(2) As used in paragraph (a)(1) of this section:
(i) ``Fault'' means a fracture along which rocks on one side have
been displaced with respect to those on the other side.
(ii) ``Displacement'' means the relative movement of any two sides
of a fault measured in any direction.
(iii) ``Holocene'' means the most recent epoch of the Quaternary
period, extending from the end of the Pleistocene to the present.
[Comment: Procedures for demonstrating compliance with this standard in
part B of the permit application are specified in Sec. 270.14(b)(11).
Facilities which are located in political jurisdictions other than those
listed in appendix VI of this part, are assumed to be in compliance with
this requirement.]
(b) Floodplains. (1) A facility located in a 100-year floodplain
must be designed, constructed, operated, and maintained to prevent
washout or any
[[Page 365]]
hazardous waste by a 100-year flood, unless the owner or operator can
demonstrate to the Regional Administrator's satisfaction that:
(i) Procedures are in effect which will cause the waste to be
removed safely, before flood waters can reach the facility, to a
location where the wastes will not be vulnerable to flood waters; or
(ii) For existing surface impoundments, waste piles, land treatment
units, landfills, and miscellaneous units, no adverse effects on human
health or the environment will result if washout occurs, considering:
(A) The volume and physical and chemical characteristics of the
waste in the facility;
(B) The concentration of hazardous constituents that would
potentially affect surface waters as a result of washout;
(C) The impact of such concentrations on the current or potential
uses of and water quality standards established for the affected surface
waters; and
(D) The impact of hazardous constituents on the sediments of
affected surface waters or the soils of the 100- year floodplain that
could result from washout.
[Comment: The location where wastes are moved must be a facility which
is either permitted by EPA under part 270 of this chapter, authorized to
manage hazardous waste by a State with a hazardous waste management
program authorized under part 271 of this chapter, or in interim status
under parts 270 and 265 of this chapter.]
(2) As used in paragraph (b)(1) of this section:
(i) ``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.
(ii) ``Washout'' means the movement of hazardous waste from the
active portion of the facility as a result of flooding.
(iii) ``100-year flood'' means a flood that has a one percent chance
of being equalled or exceeded in any given year.
[Comment: (1) Requirements pertaining to other Federal laws which affect
the location and permitting of facilities are found in Sec. 270.3 of
this chapter. For details relative to these laws, see EPA's manual for
SEA (special environmental area) requirements for hazardous waste
facility permits. Though EPA is responsible for complying with these
requirements, applicants are advised to consider them in planning the
location of a facility to help prevent subsequent project delays.]
(c) Salt dome formations, salt bed formations, underground mines and
caves. The placement of any noncontainerized or bulk liquid hazardous
waste in any salt dome formation, salt bed formation, underground mine
or cave is prohibited, except for the Department of Energy Waste
Isolation Pilot Project in New Mexico.
[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48
FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31,
1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987; 71 FR
40272, July 14, 2006]
Sec. 264.19 Construction quality assurance program.
(a) CQA program. (1) A construction quality assurance (CQA) program
is required for all surface impoundment, waste pile, and landfill units
that are required to comply with Secs. 264.221 (c) and (d), 264.251 (c)
and (d), and 264.301 (c) and (d). The program must ensure that the
constructed unit meets or exceeds all design criteria and specifications
in the permit. The program must be developed and implemented under the
direction of a CQA officer who is a registered professional engineer.
(2) The CQA program must address the following physical components,
where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane liners);
(v) Leachate collection and removal systems and leak detection
systems; and
(vi) Final cover systems.
(b) Written CQA plan. The owner or operator of units subject to the
CQA program under paragraph (a) of this section must develop and
implement a written CQA plan. The plan must identify steps that will be
used to monitor and document the quality of materials and the condition
and manner of their installation. The CQA plan must include:
[[Page 366]]
(1) Identification of applicable units, and a description of how
they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit
components identified in paragraph (a)(2) of this section, including
observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed
unit components meet the design specifications. The description must
cover: Sampling size and locations; frequency of testing; data
evaluation procedures; acceptance and rejection criteria for
construction materials; plans for implementing corrective measures; and
data or other information to be recorded and retained in the operating
record under Sec. 264.73.
(c) Contents of program. (1) The CQA program must include
observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all components of the unit
identified in paragraph (a)(2) of this section;
(ii) Proper construction of all components of the liners, leachate
collection and removal system, leak detection system, and final cover
system, according to permit specifications and good engineering
practices, and proper installation of all components (e.g., pipes)
according to design specifications;
(iii) Conformity of all materials used with design and other
material specifications under Secs. 264.221, 264.251, and 264.301.
(2) The CQA program shall include test fills for compacted soil
liners, using the same compaction methods as in the full scale unit, to
ensure that the liners are constructed to meet the hydraulic
conductivity requirements of Secs. 264.221(c)(1)(i)(B),
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance
with the hydraulic conductivity requirements must be verified by using
in-situ testing on the constructed test fill. The Regional Administrator
may accept an alternative demonstration, in lieu of a test fill, where
data are sufficient to show that a constructed soil liner will meet the
hydraulic conductivity requirements of Secs. 264.221(c)(1)(i)(B),
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
(d) Certification. Waste shall not be received in a unit subject to
Sec. 264.19 until the owner or operator has submitted to the Regional
Administrator by certified mail or hand delivery a certification signed
by the CQA officer that the approved CQA plan has been successfully
carried out and that the unit meets the requirements of Secs. 264.221
(c) or (d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure
in Sec. 270.30(l)(2)(ii) of this chapter has been completed.
Documentation supporting the CQA officer's certification must be
furnished to the Regional Administrator upon request.
[57 FR 3486, Jan. 29, 1992]
Subpart C_Preparedness and Prevention
Sec. 264.30 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities, except as Sec. 264.1 provides otherwise.
Sec. 264.31 Design and operation of facility.
Facilities must be designed, constructed, maintained, and operated
to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human
health or the environment.
Sec. 264.32 Required equipment.
All facilities must be equipped with the following, unless it can be
demonstrated to the Regional Administrator that none of the hazards
posed by waste handled at the facility could require a particular kind
of equipment specified below:
(a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel;
(b) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio,
[[Page 367]]
capable of summoning emergency assistance from local police departments,
fire departments, or State or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
(d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.33 Testing and maintenance of equipment.
All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment, where
required, must be tested and maintained as necessary to assure its
proper operation in time of emergency.
Sec. 264.34 Access to communications or alarm system.
(a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access to an internal alarm or emergency communication device,
either directly or through visual or voice contact with another
employee, unless the Regional Administrator has ruled that such a device
is not required under Sec. 264.32.
(b) If there is ever just one employee on the premises while the
facility is operating, he must have immediate access to a device, such
as a telephone (immediately available at the scene of operation) or a
hand-held two-way radio, capable of summoning external emergency
assistance, unless the Regional Administrator has ruled that such a
device is not required under Sec. 264.32.
Sec. 264.35 Required aisle space.
The owner or operator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of facility
operation in an emergency, unless it can be demonstrated to the Regional
Administrator that aisle space is not needed for any of these purposes.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.36 [Reserved]
Sec. 264.37 Arrangements with local authorities.
(a) The owner or operator must attempt to make the following
arrangements, as appropriate for the type of waste handled at his
facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous waste handled at the facility and associated hazards, places
where facility personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to
an emergency, agreements designating primary emergency authority to a
specific police and a specific fire department, and agreements with any
others to provide support to the primary emergency authority;
(3) Agreements with State emergency response teams, emergency
response contractors, and equipment suppliers; and
(4) Arrangements to familiarize local hospitals with the properties
of hazardous waste handled at the facility and the types of injuries or
illnesses which could result from fires, explosions, or releases at the
facility.
[[Page 368]]
(b) Where State or local authorities decline to enter into such
arrangements, the owner or operator must document the refusal in the
operating record.
Subpart D_Contingency Plan and Emergency Procedures
Sec. 264.50 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities, except as Sec. 264.1 provides otherwise.
Sec. 264.51 Purpose and implementation of contingency plan.
(a) Each owner or operator must have a contingency plan for his
facility. The contingency plan must be designed to minimize hazards to
human health or the environment from fires, explosions, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility
personnel must take to comply with Secs. 264.51 and 264.56 in response
to fires, explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface
water at the facility.
(b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or some other emergency or contingency plan,
he need only amend that plan to incorporate hazardous waste management
provisions that are sufficient to comply with the requirements of this
part. The owner or operator may develop one contingency plan which meets
all regulatory requirements. EPA recommends that the plan be based on
the National Response Team's Integrated Contingency Plan Guidance (``One
Plan''). When modifications are made to non-RCRA provisions in an
integrated contingency plan, the changes do not trigger the need for a
RCRA permit modification.
(c) The plan must describe arrangements agreed to by local police
departments, fire departments, hospitals, contractors, and State and
local emergency response teams to coordinate emergency services,
pursuant to Sec. 264.37.
(d) The plan must list names, addresses, and phone numbers (office
and home) of all persons qualified to act as emergency coordinator (see
Sec. 264.55), and this list must be kept up to date. Where more than one
person is listed, one must be named as primary emergency coordinator and
others must be listed in the order in which they will assume
responsibility as alternates. For new facilities, this information must
be supplied to the Regional Administrator at the time of certification,
rather than at the time of permit application.
(e) The plan must include a list of all emergency equipment at the
facility (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location
and a physical description of each item on the list, and a brief outline
of its capabilities.
(f) The plan must include an evacuation plan for facility personnel
where there is a possibility that evacuation could be necessary. This
plan must describe signal(s) to be used to begin evacuation, evacuation
routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
[45 FR 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50
FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006; 75 FR 13005, Mar. 18,
2010]
Sec. 264.53 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must
be:
(a) Maintained at the facility; and
[[Page 369]]
(b) Submitted to all local police departments, fire departments,
hospitals, and State and local emergency response teams that may be
called upon to provide emergency services.
[Comment: The contingency plan must be submitted to the Regional
Administrator with Part B of the permit application under part 270, of
this chapter and, after modification or approval, will become a
condition of any permit issued.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 30115, June 30, 1983; 50
FR 4514, Jan. 31, 1985]
Sec. 264.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) The facility changes--in its design, construction, operation,
maintenance, or other circumstances--in a way that materially increases
the potential for fires, explosions, or releases of hazardous waste or
hazardous waste constituents, or changes the response necessary in an
emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 53
FR 37935, Sept. 28, 1988]
Sec. 264.55 Emergency coordinator.
At all times, there must be at least one employee either on the
facility premises or on call (i.e., available to respond to an emergency
by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures. This
emergency coordinator must be thoroughly familiar with all aspects of
the facility's contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout. In
addition, this person must have the authority to commit the resources
needed to carry out the contingency plan.
[Comment: The emergency coordinator's responsibilities are more fully
spelled out in Sec. 264.56. Applicable responsibilities for the
emergency coordinator vary, depending on factors such as type and
variety of waste(s) handled by the facility, and type and complexity of
the facility.]
Sec. 264.56 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation, the
emergency coordinator (or his designee when the emergency coordinator is
on call) must immediately:
(1) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated
response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and areal extent of any released materials. He may do this by
observation or review of facility records or manifests, and, if
necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-off from
water or chemical agents used to control fire and heat-induced
explosions).
(d) If the emergency coordinator determines that the facility has
had a release, fire, or explosion which could threaten human health, or
the environment, outside the facility, he must report his findings as
follows:
(1) If his assessment indicates that evacuation of local areas may
be advisable, he must immediately notify appropriate local authorities.
He must be available to help appropriate officials decide whether local
areas should be evacuated; and
(2) He must immediately notify either the government official
designated as the on-scene coordinator for that geographical area, or
the National Response Center (using their 24-hour toll free number 800/
424-8802). The report must include:
[[Page 370]]
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment,
outside the facility.
(e) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and
releases do not occur, recur, or spread to other hazardous waste at the
facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and
removing or isolating containers.
(f) If the facility stops operations in response to a fire,
explosion, or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or other
equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered waste,
contaminated soil or surface water, or any other material that results
from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance
with Sec. 261.3(c) or (d) of this chapter, that the recovered material
is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of parts 262, 263, and 264 of this chapter.]
(h) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
(1) No waste that may be incompatible with the released material is
treated, stored, or disposed of until cleanup procedures are completed;
and
(2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator must note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within 15 days after the incident, he must submit a
written report on the incident to the Regional Administrator. The report
must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
(7) Estimated quantity and disposition of recovered material that
resulted from the incident.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71
FR 16903, Apr. 4, 2006; 75 FR 13005, Mar. 18, 2010]
Subpart E_Manifest System, Recordkeeping, and Reporting
Sec. 264.70 Applicability.
(a) The regulations in this subpart apply to owners and operators of
both on-site and off-site facilities, except as Sec. 264.1 provides
otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners
and operators of on-site facilities that do not receive any hazardous
waste from off-site sources, nor to owners and operators of off-site
facilities with respect to waste military munitions exempted from
manifest requirements under 40 CFR 266.203(a). Section 264.73(b) only
applies to permittees who treat, store, or dispose of hazardous wastes
on-site where such wastes were generated.
(b) The revised Manifest form and procedures in 40 CFR 260.10,
261.7, 264.70, 264.71. 264.72, and 264.76, shall not apply until
September 5, 2006. The Manifest form and procedures in 40 CFR 260.10,
261.7, 264.70, 264.71. 264.72, and 264.76, contained in the 40 CFR,
parts 260 to 265, edition revised as of July 1, 2004, shall be
applicable until September 5, 2006.
[70 FR 10821, Mar. 4, 2005]
[[Page 371]]
Sec. 264.71 Use of manifest system.
(a)(1) If a facility receives hazardous waste accompanied by a
manifest, the owner, operator or his/her agent must sign and date the
manifest as indicated in paragraph (a)(2) of this section to certify
that the hazardous waste covered by the manifest was received, that the
hazardous waste was received except as noted in the discrepancy space of
the manifest, or that the hazardous waste was rejected as noted in the
manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by
a manifest, the owner, operator or his agent must:
(i) Sign and date, by hand, each copy of the manifest;
(ii) Note any discrepancies (as defined in Sec. 264.72(a)) on each
copy of the manifest;
(iii) Immediately give the transporter at least one copy of the
manifest;
(iv) Within 30 days of delivery, send a copy of the manifest to the
generator; and
(v) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
(3) If a facility receives hazardous waste imported from a foreign
source, the receiving facility must mail a copy of the manifest and
documentation confirming EPA's consent to the import of hazardous waste
to the following address within thirty (30) days of delivery: Office of
Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(b) If a facility receives, from a rail or water (bulk shipment)
transporter, hazardous waste which is accompanied by a shipping paper
containing all the information required on the manifest (excluding the
EPA identification numbers, generator's certification, and signatures),
the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if
the manifest has not been received) to certify that the hazardous waste
covered by the manifest or shipping paper was received;
(2) Note any significant discrepancies (as defined in
Sec. 264.72(a)) in the manifest or shipping paper (if the manifest has
not been received) on each copy of the manifest or shipping paper.
[Comment: The Agency does not intend that the owner or operator of a
facility whose procedures under Sec. 264.13(c) include waste analysis
must perform that analysis before signing the shipping paper and giving
it to the transporter. Section 264.72(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk shipment) transporter
at least one copy of the manifest or shipping paper (if the manifest has
not been received);
(4) Within 30 days after the delivery, send a copy of the signed and
dated manifest or a signed and dated copy of the shipping paper (if the
manifest has not been received within 30 days after delivery) to the
generator; and
[Comment: Section 262.23(c) of this chapter requires the generator to
send three copies of the manifest to the facility when hazardous waste
is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the manifest and shipping paper
(if signed in lieu of the manifest at the time of delivery) for at least
three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the
requirements of part 262 of this chapter.
[Comment: The provisions of Sec. 262.34 are applicable to the on-site
accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. 262.34 only apply to owners or operators who are
shipping hazardous waste which they generated at that facility.]
(d) Within three (3) working days of the receipt of a shipment
subject to 40 CFR part 262, subpart H, the owner or operator of a
facility must provide a copy of the movement document bearing all
required signatures to the exporter, to the Office of Enforcement and
Compliance Assurance, Office of Federal Activities, International
Compliance Assurance Division (2254A), Environmental Protection Agency,
1200
[[Page 372]]
Pennsylvania Avenue, NW., Washington, DC 20460, and to competent
authorities of all other concerned countries. The original copy of the
movement document must be maintained at the facility for at least three
(3) years from the date of signature.
(e) A facility must determine whether the consignment state for a
shipment regulates any additional wastes (beyond those regulated
Federally) as hazardous wastes under its state hazardous waste program.
Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the
manifest to these states.
[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31,
1980; 61 FR 16315, Apr. 12, 1996; 70 FR 10821, Mar. 4, 2005; 75 FR 1260,
Jan. 8, 2010]
Effective Date Note: At 79 FR 7560, Feb. 7, 2014, Sec. 264.71 was
amended by revising paragraph (a)(2), and by adding paragraphs (f), (g),
(h), (i), (j), and (k) to read as follows: , effective Aug. 6, 2014. For
the convenience of the user, the added and revised text is set forth as
follows:
264.71 Use of manifest system.
(a) * * *
(2) If the facility receives a hazardous waste shipment accompanied
by a manifest, the owner, operator, or his agent must:
(i) Sign and date, by hand, each copy of the manifest;
(ii) Note any discrepancies (as defined in Sec. 264.72(a)) on each
copy of the manifest;
(iii) Immediately give the transporter at least one copy of the
manifest;
(iv) Within 30 days of delivery, send a copy (Page 3) of the
manifest to the generator,
(v) Within 30 days of delivery, send the top copy (Page 1) of the
Manifest to the e-Manifest system for purposes of data entry and
processing. In lieu of mailing this paper copy to EPA, the owner or
operator may transmit to the EPA system an image file of Page 1 of the
manifest, or both a data string file and the image file corresponding to
Page 1 of the manifest. Any data or image files transmitted to EPA under
this paragraph must be submitted in data file and image file formats
that are acceptable to EPA and that are supported by EPA's electronic
reporting requirements and by the electronic manifest system.
(vi) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
* * * * *
(f) Legal equivalence to paper manifests. Electronic manifests that
are obtained, completed, and transmitted in accordance with
Sec. 262.20(a)(3) of this chapter, and used in accordance with this
section in lieu of the paper manifest form are the legal equivalent of
paper manifest forms bearing handwritten signatures, and satisfy for all
purposes any requirement in these regulations to obtain, complete, sign,
provide, use, or retain a manifest.
(1) Any requirement in these regulations for the owner or operator
of a facility to sign a manifest or manifest certification by hand, or
to obtain a handwritten signature, is satisfied by signing with or
obtaining a valid and enforceable electronic signature within the
meaning of 40 CFR 262.25.
(2) Any requirement in these regulations to give, provide, send,
forward, or to return to another person a copy of the manifest is
satisfied when a copy of an electronic manifest is transmitted to the
other person.
(3) Any requirement in these regulations for a manifest to accompany
a hazardous waste shipment is satisfied when a copy of an electronic
manifest is accessible during transportation and forwarded to the person
or persons who are scheduled to receive delivery of the waste shipment.
(4) Any requirement in these regulations for an owner or operator to
keep or retain a copy of each manifest is satisfied by the retention of
the facility's electronic manifest copies in its account on the e-
Manifest system, provided that such copies are readily available for
viewing and production if requested by any EPA or authorized state
inspector.
(5) No owner or operator may be held liable for the inability to
produce an electronic manifest for inspection under this section if the
owner or operator can demonstrate that the inability to produce the
electronic manifest is due exclusively to a technical difficulty with
the electronic manifest system for which the owner or operator bears no
responsibility.
(g) An owner or operator may participate in the electronic manifest
system either by accessing the electronic manifest system from the
owner's or operator's electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the
owner's or operator's site by the transporter who delivers the waste
shipment to the facility.
(h) Special procedures applicable to replacement manifests. If a
facility receives hazardous waste that is accompanied by a paper
replacement manifest for a manifest that was originated electronically,
the following procedures apply to the delivery of the hazardous waste by
the final transporter:
(1) Upon delivery of the hazardous waste to the designated facility,
the owner or operator must sign and date each copy of the
[[Page 373]]
paper replacement manifest by hand in Item 20 (Designated Facility
Certification of Receipt) and note any discrepancies in Item 18
(Discrepancy Indication Space) of the paper replacement manifest,
(2) The owner or operator of the facility must give back to the
final transporter one copy of the paper replacement manifest,
(3) Within 30 days of delivery of the waste to the designated
facility, the owner or operator of the facility must send one signed and
dated copy of the paper replacement manifest to the generator, and send
an additional signed and dated copy of the paper replacement manifest to
the electronic manifest system, and
(4) The owner or operator of the facility must retain at the
facility one copy of the paper replacement manifest for at least three
years from the date of delivery.
(i) Special procedures applicable to electronic signature methods
undergoing tests. If an owner or operator using an electronic manifest
signs this manifest electronically using an electronic signature method
which is undergoing pilot or demonstration tests aimed at demonstrating
the practicality or legal dependability of the signature method, then
the owner or operator shall also sign with an ink signature the
facility's certification of receipt or discrepancies on the printed copy
of the manifest provided by the transporter. Upon executing its ink
signature on this printed copy, the owner or operator shall retain this
original copy among its records for at least 3 years from the date of
delivery of the waste.
(j) Imposition of user fee for electronic manifest use. An owner or
operator who is a user of the electronic manifest format may be assessed
a user fee by EPA for the origination or processing of each electronic
manifest. An owner or operator may also be assessed a user fee by EPA
for the collection and processing of paper manifest copies that owners
or operators must submit to the electronic manifest system operator
under Sec. 264.71(a)(2)(v). EPA shall maintain and update from time-to-
time the current schedule of electronic manifest system user fees, which
shall be determined based on current and projected system costs and
level of use of the electronic manifest system. The current schedule of
electronic manifest user fees shall be published as an appendix to part
262 of this chapter.
(k) Electronic manifest signatures. Electronic manifest signatures
shall meet the criteria described in Sec. 262.25 of this chapter.
Sec. 264.72 Manifest discrepancies.
(a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this
section) between the quantity or type of hazardous waste designated on
the manifest or shipping paper, and the quantity and type of hazardous
waste a facility actually receives;
(2) Rejected wastes, which may be a full or partial shipment of
hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity
limits for ``empty'' containers set forth in 40 CFR 261.7(b).
(b) Significant differences in quantity are: For bulk waste,
variations greater than 10 percent in weight; for batch waste, any
variation in piece count, such as a discrepancy of one drum in a
truckload. Significant differences in type are obvious differences which
can be discovered by inspection or waste analysis, such as waste solvent
substituted for waste acid, or toxic constituents not reported on the
manifest or shipping paper.
(c) Upon discovering a significant difference in quantity or type,
the owner or operator must attempt to reconcile the discrepancy with the
waste generator or transporter (e.g., with telephone conversations). If
the discrepancy is not resolved within 15 days after receiving the
waste, the owner or operator must immediately submit to the Regional
Administrator a letter describing the discrepancy and attempts to
reconcile it, and a copy of the manifest or shipping paper at issue.
(d)(1) Upon rejecting waste or identifying a container residue that
exceeds the quantity limits for ``empty'' containers set forth in 40 CFR
261.7(b), the facility must consult with the generator prior to
forwarding the waste to another facility that can manage the waste. If
it is impossible to locate an alternative facility that can receive the
waste, the facility may return the rejected waste or residue to the
generator. The facility must send the waste to the alternative facility
or to the generator within 60 days of the rejection or the container
residue identification.
(2) While the facility is making arrangements for forwarding
rejected wastes or residues to another facility under this section, it
must ensure that either the delivering transporter retains custody of
the waste, or, the facility must provide for secure, temporary custody
of the waste, pending
[[Page 374]]
delivery of the waste to the first transporter designated on the
manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full
or partial load rejections and residues that are to be sent off-site to
an alternate facility, the facility is required to prepare a new
manifest in accordance with Sec. 262.20(a) of this chapter and the
following instructions:
(1) Write the generator's U.S. EPA ID number in Item 1 of the new
manifest. Write the generator's name and mailing address in Item 5 of
the new manifest. If the mailing address is different from the
generator's site address, then write the generator's site address in the
designated space for Item 5.
(2) Write the name of the alternate designated facility and the
facility's U.S. EPA ID number in the designated facility block (Item 8)
of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old
manifest to the Special Handling and Additional Information Block of the
new manifest, and indicate that the shipment is a residue or rejected
waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new
manifest to the manifest reference number line in the Discrepancy Block
of the old manifest (Item 18a).
(5) Write the DOT description for the rejected load or the residue
in Item 9 (U.S. DOT Description) of the new manifest and write the
container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the
offeror of the shipment, that the waste has been properly packaged,
marked and labeled and is in proper condition for transportation, and
mail a signed copy of the manifest to the generator identified in Item 5
of the new manifest.
(7) For full load rejections that are made while the transporter
remains present at the facility, the facility may forward the rejected
shipment to the alternate facility by completing Item 18b of the
original manifest and supplying the information on the next destination
facility in the Alternate Facility space. The facility must retain a
copy of this manifest for its records, and then give the remaining
copies of the manifest to the transporter to accompany the shipment. If
the original manifest is not used, then the facility must use a new
manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6)
of this section.
(f) Except as provided in paragraph (f)(7) of this section, for
rejected wastes and residues that must be sent back to the generator,
the facility is required to prepare a new manifest in accordance with
Sec. 262.20(a) of this chapter and the following instructions:
(1) Write the facility's U.S. EPA ID number in Item 1 of the new
manifest. Write the facility's name and mailing address in Item 5 of the
new manifest. If the mailing address is different from the facility's
site address, then write the facility's site address in the designated
space for Item 5 of the new manifest.
(2) Write the name of the initial generator and the generator's U.S.
EPA ID number in the designated facility block (Item 8) of the new
manifest.
(3) Copy the manifest tracking number found in Item 4 of the old
manifest to the Special Handling and Additional Information Block of the
new manifest, and indicate that the shipment is a residue or rejected
waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new
manifest to the manifest reference number line in the Discrepancy Block
of the old manifest (Item 18a).
(5) Write the DOT description for the rejected load or the residue
in Item 9 (U.S. DOT Description) of the new manifest and write the
container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as
offeror of the shipment, that the waste has been properly packaged,
marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter
remains at the facility, the facility may return the shipment to the
generator with the original manifest by completing Item 18a and 18b of
the manifest and supplying the generator's information in
[[Page 375]]
the Alternate Facility space. The facility must retain a copy for its
records and then give the remaining copies of the manifest to the
transporter to accompany the shipment. If the original manifest is not
used, then the facility must use a new manifest and comply with
paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this section.
(8) For full or partial load rejections and container residues
contained in non-empty containers that are returned to the generator,
the facility must also comply with the exception reporting requirements
in Sec. 262.42(a).
(g) If a facility rejects a waste or identifies a container residue
that exceeds the quantity limits for ``empty'' containers set forth in
40 CFR 261.7(b) after it has signed, dated, and returned a copy of the
manifest to the delivering transporter or to the generator, the facility
must amend its copy of the manifest to indicate the rejected wastes or
residues in the discrepancy space of the amended manifest. The facility
must also copy the manifest tracking number from Item 4 of the new
manifest to the Discrepancy space of the amended manifest, and must re-
sign and date the manifest to certify to the information as amended. The
facility must retain the amended manifest for at least three years from
the date of amendment, and must within 30 days, send a copy of the
amended manifest to the transporter and generator that received copies
prior to their being amended.
[70 FR 10822, Mar. 4, 2005, as amended at 70 FR 35041, June 16, 2005; 75
FR 13005, Mar. 18, 2010]
Sec. 264.73 Operating record.
(a) The owner or operator must keep a written operating record at
his facility.
(b) The following information must be recorded, as it becomes
available, and maintained in the operating record for three years unless
noted as follows:
(1) A description and the quantity of each hazardous waste received,
and the method(s) and date(s) of its treatment, storage, or disposal at
the facility as required by appendix I of this part. This information
must be maintained in the operating record until closure of the
facility;
(2) The location of each hazardous waste within the facility and the
quantity at each location. For disposal facilities, the location and
quantity of each hazardous waste must be recorded on a map or diagram
that shows each cell or disposal area. For all facilities, this
information must include cross-references to manifest document numbers
if the waste was accompanied by a manifest. This information must be
maintained in the operating record until closure of the facility.
[Comment: See Sec. 264.119 for related requirements.]
(3) Records and results of waste analyses and waste determinations
performed as specified in Secs. 264.13, 264.17, 264.314, 264.341,
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
(4) Summary reports and details of all incidents that require
implementing the contingency plan as specified in Sec. 264.56(j);
(5) Records and results of inspections as required by Sec. 264.15(d)
(except these data need be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and Secs. 264.19, 264.191,
264.193, 264.195, 264.222, 264.223, 264.226, 264.252-264.254, 264.276,
264.278, 264.280, 264.302-264.304, 264.309, 264.602, 264.1034(c)-
264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and 264.1082
through 264.1090 of this part. Maintain in the operating record for
three years, except for records and results pertaining to ground-water
monitoring and cleanup which must be maintained in the operating record
until closure of the facility.
(7) For off-site facilities, notices to generators as specified in
Sec. 264.12(b); and
(8) All closure cost estimates under Sec. 264.142, and for disposal
facilities, all post-closure cost estimates under Sec. 264.144 of this
part. This information must be maintained in the operating record until
closure of the facility.
(9) A certification by the permittee no less often than annually,
that the permittee has a program in place to reduce the volume and
toxicity of hazardous waste that he generates to the degree determined
by the permittee to
[[Page 376]]
be economically practicable; and the proposed method of treatment,
storage or disposal is that practicable method currently available to
the permittee which minimizes the present and future threat to human
health and the environment.
(10) Records of the quantities and date of placement for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction granted
pursuant to Sec. 268.5 of this chapter, a petition pursuant to
Sec. 268.6 of this chapter, or a certification under Sec. 268.8 of this
chapter, and the applicable notice required by a generator under
Sec. 268.7(a) of this chapter. This information must be maintained in
the operating record until closure of the facility.
(11) For an off-site treatment facility, a copy of the notice, and
the certification and demonstration, if applicable, required by the
generator or the owner or operator under Sec. 268.7 or Sec. 268.8;
(12) For an on-site treatment facility, the information contained in
the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8;
(13) For an off-site land disposal facility, a copy of the notice,
and the certification and demonstration if applicable, required by the
generator or the owner or operator of a treatment facility under
Secs. 268.7 and 268.8, whichever is applicable; and
(14) For an on-site land disposal facility, the information
contained in the notice required by the generator or owner or operator
of a treatment facility under Sec. 268.7, except for the manifest
number, and the certification and demonstration if applicable, required
under Sec. 268.8, whichever is applicable.
(15) For an off-site storage facility, a copy of the notice, and the
certification and demonstration if applicable, required by the generator
or the owner or operator under Sec. 268.7 or Sec. 268.8; and
(16) For an on-site storage facility, the information contained in
the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8.
(17) Any records required under Sec. 264.1(j)(13).
(18) Monitoring, testing or analytical data where required by
Sec. 264.347 must be maintained in the operating record for five years.
(19) Certifications as required by Sec. 264.196(f) must be
maintained in the operating record until closure of the facility.
[45 FR 33221, May 19, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 264.73, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 264.74 Availability, retention, and disposition of records.
(a) All records, including plans, required under this part must be
furnished upon request, and made available at all reasonable times for
inspection, by any officer, employee, or representative of EPA who is
duly designated by the Administrator.
(b) The retention period for all records required under this part is
extended automatically during the course of any unresolved enforcement
action regarding the facility or as requested by the Administrator.
(c) A copy of records of waste disposal locations and quantities
under Sec. 264.73(b)(2) must be submitted to the Regional Administrator
and local land authority upon closure of the facility.
Sec. 264.75 Biennial report.
The owner or operator must prepare and submit a single copy of a
biennial report to the Regional Administrator by March 1 of each even
numbered year. The biennial report must be submitted on EPA form 8700-
13B. The report must cover facility activities during the previous
calendar year and must include:
(a) The EPA identification number, name, and address of the
facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA identification number of each
hazardous waste generator from which the facility received a hazardous
waste
[[Page 377]]
during the year; for imported shipments, the report must give the name
and address of the foreign generator;
(d) A description and the quantity of each hazardous waste the
facility received during the year. For off-site facilities, this
information must be listed by EPA identification number of each
generator;
(e) The method of treatment, storage, or disposal for each hazardous
waste;
(f) [Reserved]
(g) The most recent closure cost estimate under Sec. 264.142, and,
for disposal facilities, the most recent post-closure cost estimate
under Sec. 264.144; and
(h) For generators who treat, store, or dispose of hazardous waste
on-site, a description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated.
(i) For generators who treat, store, or dispose of hazardous waste
on-site, a description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for the years prior to 1984.
(j) The certification signed by the owner or operator of the
facility or his authorized representative.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 48
FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8,
1986]
Sec. 264.76 Unmanifested waste report.
(a) If a facility accepts for treatment, storage, or disposal any
hazardous waste from an off-site source without an accompanying
manifest, or without an accompanying shipping paper as described by
Sec. 263.20(e) of this chapter, and if the waste is not excluded from
the manifest requirement by this chapter, then the owner or operator
must prepare and submit a letter to the Regional Administrator within 15
days after receiving the waste. The unmanifested waste report must
contain the following information:
(1) The EPA identification number, name and address of the facility;
(2) The date the facility received the waste;
(3) The EPA identification number, name and address of the generator
and the transporter, if available;
(4) A description and the quantity of each unmanifested hazardous
waste the facility received;
(5) The method of treatment, storage, or disposal for each hazardous
waste;
(6) The certification signed by the owner or operator of the
facility or his authorized representative; and,
(7) A brief explanation of why the waste was unmanifested, if known.
(b) [Reserved]
[70 FR 10823, Mar. 4, 2005]
Sec. 264.77 Additional reports.
In addition to submitting the biennial reports and unmanifested
waste reports described in Secs. 264.75 and 264.76, the owner or
operator must also report to the Regional Administrator:
(a) Releases, fires, and explosions as specified in Sec. 264.56(j);
(b) Facility closures specified in Sec. 264.115; and
(c) As otherwise required by subparts F, K through N, AA, BB, and CC
of this part.
[46 FR 2849, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48
FR 3982, Jan. 28, 1983; 55 FR 25494, June 21, 1990; 59 FR 62926, Dec. 6,
1994]
Subpart F_Releases From Solid Waste Management Units
Source: 47 FR 32350, July 26, 1982, unless otherwise noted.
Sec. 264.90 Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the
regulations in this subpart apply to owners or operators of facilities
that treat, store or dispose of hazardous waste. The owner or operator
must satisfy the requirements identified in paragraph (a)(2) of this
section for all wastes (or constituents thereof) contained in solid
waste management units at the facility, regardless of the time at which
waste was placed in such units.
(2) All solid waste management units must comply with the
requirements in Sec. 264.101. A surface impoundment, waste pile, and
land treatment unit or landfill that receives hazardous waste after July
26, 1982 (hereinafter referred to as a ``regulated unit'') must comply
with the requirements of Secs. 264.91 through
[[Page 378]]
264.100 in lieu of Sec. 264.101 for purposes of detecting,
characterizing and responding to releases to the uppermost aquifer. The
financial responsibility requirements of Sec. 264.101 apply to regulated
units.
(b) The owner or operator's regulated unit or units are not subject
to regulation for releases into the uppermost aquifer under this subpart
if:
(1) The owner or operator is exempted under Sec. 264.1; or
(2) He operates a unit which the Regional Administrator finds:
(i) Is an engineered structure,
(ii) Does not receive or contain liquid waste or waste containing
free liquids,
(iii) Is designed and operated to exclude liquid, precipitation, and
other run-on and run-off,
(iv) Has both inner and outer layers of containment enclosing the
waste,
(v) Has a leak detection system built into each containment layer,
(vi) The owner or operator will provide continuing operation and
maintenance of these leak detection systems during the active life of
the unit and the closure and post-closure care periods, and
(vii) To a reasonable degree of certainty, will not allow hazardous
constituents to migrate beyond the outer containment layer prior to the
end of the post-closure care period.
(3) The Regional Administrator finds, pursuant to Sec. 264.280(d),
that the treatment zone of a land treatment unit that qualifies as a
regulated unit does not contain levels of hazardous constituents that
are above background levels of those constituents by an amount that is
statistically significant, and if an unsaturated zone monitoring program
meeting the requirements of Sec. 264.278 has not shown a statistically
significant increase in hazardous constituents below the treatment zone
during the operating life of the unit. An exemption under this paragraph
can only relieve an owner or operator of responsibility to meet the
requirements of this subpart during the post-closure care period; or
(4) The Regional Administrator finds that there is no potential for
migration of liquid from a regulated unit to the uppermost aquifer
during the active life of the regulated unit (including the closure
period) and the post-closure care period specified under Sec. 264.117.
This demonstration must be certified by a qualified geologist or
geotechnical engineer. In order to provide an adequate margin of safety
in the prediction of potential migration of liquid, the owner or
operator must base any predictions made under this paragraph on
assumptions that maximize the rate of liquid migration.
(5) He designs and operates a pile in compliance with
Sec. 264.250(c).
(c) The regulations under this subpart apply during the active life
of the regulated unit (including the closure period). After closure of
the regulated unit, the regulations in this subpart:
(1) Do not apply if all waste, waste residues, contaminated
containment system components, and contaminated subsoils are removed or
decontaminated at closure;
(2) Apply during the post-closure care period under Sec. 264.117 if
the owner or operator is conducting a detection monitoring program under
Sec. 264.98; or
(3) Apply during the compliance period under Sec. 264.96 if the
owner or operator is conducting a compliance monitoring program under
Sec. 264.99 or a corrective action program under Sec. 264.100.
(d) Regulations in this subpart may apply to miscellaneous units
when necessary to comply with Secs. 264.601 through 264.603.
(e) The regulations of this subpart apply to all owners and
operators subject to the requirements of 40 CFR 270.1(c)(7), when the
Agency issues either a post-closure permit or an enforceable document
(as defined in 40 CFR 270.1(c)(7)) at the facility. When the Agency
issues an enforceable document, references in this subpart to ``in the
permit'' mean ``in the enforceable document.''
(f) The Regional Administrator may replace all or part of the
requirements of Secs. 264.91 through 264.100 applying to a regulated
unit with alternative requirements for groundwater monitoring and
corrective action for releases to groundwater set out in the permit (or
in an enforceable document) (as defined in 40 CFR 270.1(c)(7)) where the
Regional Administrator determines that:
[[Page 379]]
(1) The regulated unit is situated among solid waste management
units (or areas of concern), a release has occurred, and both the
regulated unit and one or more solid waste management unit(s) (or areas
of concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the groundwater monitoring and
corrective action requirements of Secs. 264.91 through 264.100 because
alternative requirements will protect human health and the environment.
[47 FR 32350, July 26, 1982, as amended at 50 FR 28746, July 15, 1985;
52 FR 46963, Dec. 10, 1987; 63 FR 56733, Oct. 22, 1998]
Sec. 264.91 Required programs.
(a) Owners and operators subject to this subpart must conduct a
monitoring and response program as follows:
(1) Whenever hazardous constituents under Sec. 264.93 from a
regulated unit are detected at a compliance point under Sec. 264.95, the
owner or operator must institute a compliance monitoring program under
Sec. 264.99. Detected is defined as statistically significant evidence
of contamination as described in Sec. 264.98(f);
(2) Whenever the ground-water protection standard under Sec. 264.92
is exceeded, the owner or operator must institute a corrective action
program under Sec. 264.100. Exceeded is defined as statistically
significant evidence of increased contamination as described in
Sec. 264.99(d);
(3) Whenever hazardous constituents under Sec. 264.93 from a
regulated unit exceed concentration limits under Sec. 264.94 in ground
water between the compliance point under Sec. 264.95 and the
downgradient facility property boundary, the owner or operator must
institute a corrective action program under Sec. 264.100; or
(4) In all other cases, the owner or operator must institute a
detection monitoring program under Sec. 264.98.
(b) The Regional Administrator will specify in the facility permit
the specific elements of the monitoring and response program. The
Regional Administrator may include one or more of the programs
identified in paragraph (a) of this section in the facility permit as
may be necessary to protect human health and the environment and will
specify the circumstances under which each of the programs will be
required. In deciding whether to require the owner or operator to be
prepared to institute a particular program, the Regional Administrator
will consider the potential adverse effects on human health and the
environment that might occur before final administrative action on a
permit modification application to incorporate such a program could be
taken.
[47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988]
Sec. 264.92 Ground-water protection standard.
The owner or operator must comply with conditions specified in the
facility permit that are designed to ensure that hazardous constituents
under Sec. 264.93 detected in the ground water from a regulated unit do
not exceed the concentration limits under Sec. 264.94 in the uppermost
aquifer underlying the waste management area beyond the point of
compliance under Sec. 264.95 during the compliance period under
Sec. 264.96. The Regional Administrator will establish this ground-water
protection standard in the facility permit when hazardous constituents
have been detected in the ground water.
[53 FR 39728, Oct. 11, 1988]
Sec. 264.93 Hazardous constituents.
(a) The Regional Administrator will specify in the facility permit
the hazardous constituents to which the ground-water protection standard
of Sec. 264.92 applies. Hazardous constituents are constituents
identified in appendix VIII of part 261 of this chapter that have been
detected in ground water in the uppermost aquifer underlying a regulated
unit and that are reasonably expected to be in or derived from waste
contained in a regulated unit, unless the Regional Administrator has
excluded them under paragraph (b) of this section.
(b) The Regional Administrator will exclude an appendix VIII
constituent from the list of hazardous constituents specified in the
facility permit if he finds that the constituent is not capable of
posing a substantial present or
[[Page 380]]
potential hazard to human health or the environment. In deciding whether
to grant an exemption, the Regional Administrator will consider the
following:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the
regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity of ground water and the direction of ground-water
flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources
of contamination and their cumulative impact on the ground-water
quality;
(vii) The potential for health risks caused by human exposure to
waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse
effects; and
(2) Potential adverse effects on hydraulically-connected surface
water quality, considering:
(i) The volume and physical and chemical characteristics of the
waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity and quality of ground water, and the direction of
ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface-water quality;
(viii) The potential for health risks caused by human exposure to
waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section
about the use of ground water in the area around the facility, the
Regional Administrator will consider any identification of underground
sources of drinking water and exempted aquifers made under Sec. 144.8 of
this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.94 Concentration limits.
(a) The Regional Administrator will specify in the facility permit
concentration limits in the ground water for hazardous constituents
established under Sec. 264.93. The concentration of a hazardous
constituent:
(1) Must not exceed the background level of that constituent in the
ground water at the time that limit is specified in the permit; or
(2) For any of the constituents listed in Table 1, must not exceed
the respective value given in that table if the background level of the
constituent is below the value given in Table 1; or
Table 1--Maximum Concentration of Constituents for Ground-water
Protection
------------------------------------------------------------------------
Maximum
Constituent concentration \1\
------------------------------------------------------------------------
Arsenic.............................................. 0.05
Barium............................................... 1.0
Cadmium.............................................. 0.01
Chromium............................................. 0.05
Lead................................................. 0.05
Mercury.............................................. 0.002
Selenium............................................. 0.01
Silver............................................... 0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy 0.0002
1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-
dimethano naphthalene)..............................
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma 0.004
isomer).............................................
Methoxychlor (1,1,1-Trichloro-2,2-bis (p- 0.1
methoxyphenylethane)................................
Toxaphene (C10H10Cl6, Technical chlorinated camphene, 0.005
67-69 percent chlorine).............................
2,4-D (2,4-Dichlorophenoxyacetic acid)............... 0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic 0.01
acid)...............................................
------------------------------------------------------------------------
\1\ Milligrams per liter.
[[Page 381]]
(3) Must not exceed an alternate limit established by the Regional
Administrator under paragraph (b) of this section.
(b) The Regional Administrator will establish an alternate
concentration limit for a hazardous constituent if he finds that the
constituent will not pose a substantial present or potential hazard to
human health or the environment as long as the alternate concentration
limit is not exceeded. In establishing alternate concentration limits,
the Regional Administrator will consider the following factors:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the
regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity of ground water and the direction of ground-water
flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources
of contamination and their cumulative impact on the ground-water
quality;
(vii) The potential for health risks caused by human exposure to
waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse
effects; and
(2) Potential adverse effects on hydraulically-connected surface-
water quality, considering:
(i) The volume and physical and chemical characteristics of the
waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity and quality of ground water, and the direction of
ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface water quality;
(viii) The potential for health risks caused by human exposure to
waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section
about the use of ground water in the area around the facility the
Regional Administrator will consider any identification of underground
sources of drinking water and exempted aquifers made under Sec. 144.8 of
this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.95 Point of compliance.
(a) The Regional Administrator will specify in the facility permit
the point of compliance at which the ground-water protection standard of
Sec. 264.92 applies and at which monitoring must be conducted. The point
of compliance is a vertical surface located at the hydraulically
downgradient limit of the waste management area that extends down into
the uppermost aquifer underlying the regulated units.
(b) The waste management area is the limit projected in the
horizontal plane of the area on which waste will be placed during the
active life of a regulated unit.
(1) The waste management area includes horizontal space taken up by
any liner, dike, or other barrier designed to contain waste in a
regulated unit.
(2) If the facility contains more than one regulated unit, the waste
management area is described by an imaginary line circumscribing the
several regulated units.
[[Page 382]]
Sec. 264.96 Compliance period.
(a) The Regional Administrator will specify in the facility permit
the compliance period during which the ground-water protection standard
of Sec. 264.92 applies. The compliance period is the number of years
equal to the active life of the waste management area (including any
waste management activity prior to permitting, and the closure period.)
(b) The compliance period begins when the owner or operator
initiates a compliance monitoring program meeting the requirements of
Sec. 264.99.
(c) If the owner or operator is engaged in a corrective action
program at the end of the compliance period specified in paragraph (a)
of this section, the compliance period is extended until the owner or
operator can demonstrate that the ground-water protection standard of
Sec. 264.92 has not been exceeded for a period of three consecutive
years.
Sec. 264.97 General ground-water monitoring requirements.
The owner or operator must comply with the following requirements
for any ground-water monitoring program developed to satisfy
Sec. 264.98, Sec. 264.99, or Sec. 264.100:
(a) The ground-water monitoring system must consist of a sufficient
number of wells, installed at appropriate locations and depths to yield
ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background ground water that has not
been affected by leakage from a regulated unit;
(i) A determination of background ground-water quality may include
sampling of wells that are not hydraulically upgradient of the waste
management area where:
(A) Hydrogeologic conditions do not allow the owner or operator to
determine what wells are hydraulically upgradient; and
(B) Sampling at other wells will provide an indication of background
ground-water quality that is representative or more representative than
that provided by the upgradient wells; and
(2) Represent the quality of ground water passing the point of
compliance.
(3) Allow for the detection of contamination when hazardous waste or
hazardous constituents have migrated from the waste management area to
the uppermost aquifer.
(b) If a facility contains more than one regulated unit, separate
ground-water monitoring systems are not required for each regulated unit
provided that provisions for sampling the ground water in the uppermost
aquifer will enable detection and measurement at the compliance point of
hazardous constituents from the regulated units that have entered the
ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a manner that maintains
the integrity of the monitoring-well bore hole. This casing must be
screened or perforated and packed with gravel or sand, where necessary,
to enable collection of ground-water samples. The annular space (i.e.,
the space between the bore hole and well casing) above the sampling
depth must be sealed to prevent contamination of samples and the ground
water.
(d) The ground-water monitoring program must include consistent
sampling and analysis procedures that are designed to ensure monitoring
results that provide a reliable indication of ground-water quality below
the waste management area. At a minimum the program must include
procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
(e) The ground-water monitoring program must include sampling and
analytical methods that are appropriate for ground-water sampling and
that accurately measure hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must include a determination
of the ground-water surface elevation each time ground water is sampled.
(g) In detection monitoring or where appropriate in compliance
monitoring, data on each hazardous constituent specified in the permit
will be collected from background wells and wells at the compliance
point(s). The number and kinds of samples collected to establish
[[Page 383]]
background shall be appropriate for the form of statistical test
employed, following generally accepted statistical principles. The
sample size shall be as large as necessary to ensure with reasonable
confidence that a contaminant release to ground water from a facility
will be detected. The owner or operator will determine an appropriate
sampling procedure and interval for each hazardous constituent listed in
the facility permit which shall be specified in the unit permit upon
approval by the Regional Administrator. This sampling procedure shall
be:
(1) A sequence of at least four samples, taken at an interval that
assures, to the greatest extent technically feasible, that an
independent sample is obtained, by reference to the uppermost aquifer's
effective porosity, hydraulic conductivity, and hydraulic gradient, and
the fate and transport characteristics of the potential contaminants, or
(2) an alternate sampling procedure proposed by the owner or
operator and approved by the Regional Administrator.
(h) The owner or operator will specify one of the following
statistical methods to be used in evaluating ground-water monitoring
data for each hazardous constituent which, upon approval by the Regional
Administrator, will be specified in the unit permit. The statistical
test chosen shall be conducted separately for each hazardous constituent
in each well. Where practical quantification limits (pql's) are used in
any of the following statistical procedures to comply with
Sec. 264.97(i)(5), the pql must be proposed by the owner or operator and
approved by the Regional Administrator. Use of any of the following
statistical methods must be protective of human health and the
environment and must comply with the performance standards outlined in
paragraph (i) of this section.
(1) A parametric analysis of variance (ANOVA) followed by multiple
comparisons procedures to identify statistically significant evidence of
contamination. The method must include estimation and testing of the
contrasts between each compliance well's mean and the background mean
levels for each constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by
multiple comparisons procedures to identify statistically significant
evidence of contamination. The method must include estimation and
testing of the contrasts between each compliance well's median and the
background median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an
interval for each constituent is established from the distribution of
the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each
constituent.
(5) Another statistical test method submitted by the owner or
operator and approved by the Regional Administrator.
(i) Any statistical method chosen under Sec. 264.97(h) for
specification in the unit permit shall comply with the following
performance standards, as appropriate:
(1) The statistical method used to evaluate ground-water monitoring
data shall be appropriate for the distribution of chemical parameters or
hazardous constituents. If the distribution of the chemical parameters
or hazardous constituents is shown by the owner or operator to be
inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the
distributions for the constituents differ, more than one statistical
method may be needed.
(2) If an individual well comparison procedure is used to compare an
individual compliance well constituent concentration with background
constituent concentrations or a ground-water protection standard, the
test shall be done at a Type I error level no less than 0.01 for each
testing period. If a multiple comparisons procedure is used, the Type I
experimentwise error rate for each testing period shall be no less than
0.05; however, the Type I error of no less than 0.01 for individual well
comparisons must be maintained. This performance standard does not apply
to tolerance intervals, prediction intervals or control charts.
[[Page 384]]
(3) If a control chart approach is used to evaluate ground-water
monitoring data, the specific type of control chart and its associated
parameter values shall be proposed by the owner or operator and approved
by the Regional Administrator if he or she finds it to be protective of
human health and the environment.
(4) If a tolerance interval or a prediction interval is used to
evaluate groundwater monitoring data, the levels of confidence and, for
tolerance intervals, the percentage of the population that the interval
must contain, shall be proposed by the owner or operator and approved by
the Regional Administrator if he or she finds these parameters to be
protective of human health and the environment. These parameters will be
determined after considering the number of samples in the background
data base, the data distribution, and the range of the concentration
values for each constituent of concern.
(5) The statistical method shall account for data below the limit of
detection with one or more statistical procedures that are protective of
human health and the environment. Any practical quantification limit
(pql) approved by the Regional Administrator under Sec. 264.97(h) that
is used in the statistical method shall be the lowest concentration
level that can be reliably achieved within specified limits of precision
and accuracy during routine laboratory operating conditions that are
available to the facility.
(6) If necessary, the statistical method shall include procedures to
control or correct for seasonal and spatial variability as well as
temporal correlation in the data.
(j) Ground-water monitoring data collected in accordance with
paragraph (g) of this section including actual levels of constituents
must be maintained in the facility operating record. The Regional
Administrator will specify in the permit when the data must be submitted
for review.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 53
FR 39728, Oct. 11, 1988; 71 FR 40272, July 14, 2006]
Sec. 264.98 Detection monitoring program.
An owner or operator required to establish a detection monitoring
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must monitor for indicator parameters
(e.g., specific conductance, total organic carbon, or total organic
halogen), waste constituents, or reaction products that provide a
reliable indication of the presence of hazardous constituents in ground
water. The Regional Administrator will specify the parameters or
constituents to be monitored in the facility permit, after considering
the following factors:
(1) The types, quantities, and concentrations of constituents in
wastes managed at the regulated unit;
(2) The mobility, stability, and persistence of waste constituents
or their reaction products in the unsaturated zone beneath the waste
management area;
(3) The detectability of indicator parameters, waste constituents,
and reaction products in ground water; and
(4) The concentrations or values and coefficients of variation of
proposed monitoring parameters or constituents in the ground-water
background.
(b) The owner or operator must install a ground-water monitoring
system at the compliance point as specified under Sec. 264.95. The
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b),
and (c).
(c) The owner or operator must conduct a ground-water monitoring
program for each chemical parameter and hazardous constituent specified
in the permit pursuant to paragraph (a) of this section in accordance
with Sec. 264.97(g). The owner or operator must maintain a record of
ground-water analytical data as measured and in a form necessary for the
determination of statistical significance under Sec. 264.97(h).
(d) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine whether
there is statistically significant evidence of contamination for any
parameter or hazardous constituent specified in the permit conditions
under paragraph (a)
[[Page 385]]
of this section in accordance with Sec. 264.97(g).
(e) The owner or operator must determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
(f) The owner or operator must determine whether there is
statistically significant evidence of contamination for any chemical
parameter of hazardous constituent specified in the permit pursuant to
paragraph (a) of this section at a frequency specified under paragraph
(d) of this section.
(1) In determining whether statistically significant evidence of
contamination exists, the owner or operator must use the method(s)
specified in the permit under Sec. 264.97(h). These method(s) must
compare data collected at the compliance point(s) to the background
ground-water quality data.
(2) The owner or operator must determine whether there is
statistically significant evidence of contamination at each monitoring
well as the compliance point within a reasonable period of time after
completion of sampling. The Regional Administrator will specify in the
facility permit what period of time is reasonable, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(g) If the owner or operator determines pursuant to paragraph (f) of
this section that there is statistically significant evidence of
contamination for chemical parameters or hazardous constituents
specified pursuant to paragraph (a) of this section at any monitoring
well at the compliance point, he or she must:
(1) Notify the Regional Administrator of this finding in writing
within seven days. The notification must indicate what chemical
parameters or hazardous constituents have shown statistically
significant evidence of contamination;
(2) Immediately sample the ground water in all monitoring wells and
determine whether constituents in the list of appendix IX of this part
are present, and if so, in what concentration. However, the Regional
Administrator, on a discretionary basis, may allow sampling for a site-
specific subset of constituents from the appendix IX list of this part
and other representative/related waste constituents.
(3) For any appendix IX compounds found in the analysis pursuant to
paragraph (g)(2) of this section, the owner or operator may resample
within one month or at an alternative site-specific schedule approved by
the Administrator and repeat the analysis for those compounds detected.
If the results of the second analysis confirm the initial results, then
these constituents will form the basis for compliance monitoring. If the
owner or operator does not resample for the compounds in paragraph
(g)(2) of this section, the hazardous constituents found during this
initial appendix IX analysis will form the basis for compliance
monitoring.
(4) Within 90 days, submit to the Regional Administrator an
application for a permit modification to establish a compliance
monitoring program meeting the requirements of Sec. 264.99. The
application must include the following information:
(i) An identification of the concentration of any appendix IX
constituent detected in the ground water at each monitoring well at the
compliance point;
(ii) Any proposed changes to the ground-water monitoring system at
the facility necessary to meet the requirements of Sec. 264.99;
(iii) Any proposed additions or changes to the monitoring frequency,
sampling and analysis procedures or methods, or statistical methods used
at the facility necessary to meet the requirements of Sec. 264.99;
(iv) For each hazardous constituent detected at the compliance
point, a proposed concentration limit under Sec. 264.94(a) (1) or (2),
or a notice of intent to seek an alternate concentration limit under
Sec. 264.94(b); and
(5) Within 180 days, submit to the Regional Administrator:
(i) All data necessary to justify an alternate concentration limit
sought under Sec. 264.94(b); and
(ii) An engineering feasibility plan for a corrective action program
necessary to meet the requirement of Sec. 264.100, unless:
[[Page 386]]
(A) All hazardous constituents identified under paragraph (g)(2) of
this section are listed in Table 1 of Sec. 264.94 and their
concentrations do not exceed the respective values given in that Table;
or
(B) The owner or operator has sought an alternate concentration
limit under Sec. 264.94(b) for every hazardous constituent identified
under paragraph (g)(2) of this section.
(6) If the owner or operator determines, pursuant to paragraph (f)
of this section, that there is a statistically significant difference
for chemical parameters or hazardous constituents specified pursuant to
paragraph (a) of this section at any monitoring well at the compliance
point, he or she may demonstrate that a source other than a regulated
unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or
natural variation in the ground water. The owner operator may make a
demonstration under this paragraph in addition to, or in lieu of,
submitting a permit modification application under paragraph (g)(4) of
this section; however, the owner or operator is not relieved of the
requirement to submit a permit modification application within the time
specified in paragraph (g)(4) of this section unless the demonstration
made under this paragraph successfully shows that a source other than a
regulated unit caused the increase, or that the increase resulted from
error in sampling, analysis, or evaluation. In making a demonstration
under this paragraph, the owner or operator must:
(i) Notify the Regional Administrator in writing within seven days
of determining statistically significant evidence of contamination at
the compliance point that he intends to make a demonstration under this
paragraph;
(ii) Within 90 days, submit a report to the Regional Administrator
which demonstrates that a source other than a regulated unit caused the
contamination or that the contamination resulted from error in sampling,
analysis, or evaluation;
(iii) Within 90 days, submit to the Regional Administrator an
application for a permit modification to make any appropriate changes to
the detection monitoring program facility; and
(iv) Continue to monitor in accordance with the detection monitoring
program established under this section.
(h) If the owner or operator determines that the detection
monitoring program no longer satisfies the requirements of this section,
he or she must, within 90 days, submit an application for a permit
modification to make any appropriate changes to the program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 25946, July 9, 1987; 53 FR 39729, Oct. 11, 1988; 71 FR 16904, Apr. 4,
2006; 71 FR 40272, July 14, 2006]
Sec. 264.99 Compliance monitoring program.
An owner or operator required to establish a compliance monitoring
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must monitor the ground water to determine
whether regulated units are in compliance with the ground-water
protection standard under Sec. 264.92. The Regional Administrator will
specify the ground-water protection standard in the facility permit,
including:
(1) A list of the hazardous constituents identified under
Sec. 264.93;
(2) Concentration limits under Sec. 264.94 for each of those
hazardous constituents;
(3) The compliance point under Sec. 264.95; and
(4) The compliance period under Sec. 264.96.
(b) The owner or operator must install a ground-water monitoring
system at the compliance point as specified under Sec. 264.95. The
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b),
and (c).
(c) The Regional Administrator will specify the sampling procedures
and statistical methods appropriate for the constituents and the
facility, consistent with Sec. 264.97 (g) and (h).
(1) The owner or operator must conduct a sampling program for each
chemical parameter or hazardous constituent in accordance with
Sec. 264.97(g).
(2) The owner or operator must record ground-water analytical data
as
[[Page 387]]
measured and in form necessary for the determination of statistical
significance under Sec. 264.97(h) for the compliance period of the
facility.
(d) The owner or operator must determine whether there is
statistically significant evidence of increased contamination for any
chemical parameter or hazardous constituent specified in the permit,
pursuant to paragraph (a) of this section, at a frequency specified
under paragraph (f) under this section.
(1) In determining whether statistically significant evidence of
increased contamination exists, the owner or operator must use the
method(s) specified in the permit under Sec. 264.97(h). The methods(s)
must compare data collected at the compliance point(s) to a
concentration limit developed in accordance with Sec. 264.94.
(2) The owner or operator must determine whether there is
statistically significant evidence of increased contamination at each
monitoring well at the compliance point within a reasonable time period
after completion of sampling. The Regional Administrator will specify
that time period in the facility permit, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(e) The owner or operator must determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
(f) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine
statistically significant evidence of increased contamination in
accordance with Sec. 264.97(g).
(g) Annually, the owner or operator must determine whether
additional hazardous constituents from appendix IX of this part, which
could possibly be present but are not on the detection monitoring list
in the permit, are actually present in the uppermost aquifer and, if so,
at what concentration, pursuant to procedures in Sec. 264.98(f). To
accomplish this, the owner or operator must consult with the Regional
Administrator to determine on a case-by-case basis: which sample
collection event during the year will involve enhanced sampling; the
number of monitoring wells at the compliance point to undergo enhanced
sampling; the number of samples to be collected from each of these
monitoring wells; and, the specific constituents from appendix IX of
this part for which these samples must be analyzed. If the enhanced
sampling event indicates that appendix IX constituents are present in
the ground water that are not already identified in the permit as
monitoring constituents, the owner or operator may resample within one
month or at an alternative site-specific schedule approved by the
Regional Administrator, and repeat the analysis. If the second analysis
confirms the presence of new constituents, the owner or operator must
report the concentration of these additional constituents to the
Regional Administrator within seven days after the completion of the
second analysis and add them to the monitoring list. If the owner or
operator chooses not to resample, then he or she must report the
concentrations of these additional constituents to the Regional
Administrator within seven days after completion of the initial
analysis, and add them to the monitoring list.
(h) If the owner or operator determines pursuant to paragraph (d) of
this section that any concentration limits under Sec. 264.94 are being
exceeded at any monitoring well at the point of compliance he or she
must:
(1) Notify the Regional Administrator of this finding in writing
within seven days. The notification must indicate what concentration
limits have been exceeded.
(2) Submit to the Regional Administrator an application for a permit
modification to establish a corrective action program meeting the
requirements of Sec. 264.100 within 180 days, or within 90 days if an
engineering feasibility study has been previously submitted to the
Regional Administrator under Sec. 264.98(g)(5). The application must at
a minimum include the following information:
(i) A detailed description of corrective actions that will achieve
compliance with the ground-water protection standard specified in the
permit under paragraph (a) of this section; and
[[Page 388]]
(ii) A plan for a ground-water monitoring program that will
demonstrate the effectiveness of the corrective action. Such a ground-
water monitoring program may be based on a compliance monitoring program
developed to meet the requirements of this section.
(i) If the owner or operator determines, pursuant to paragraph (d)
of this section, that the ground-water concentration limits under this
section are being exceeded at any monitoring well at the point of
compliance, he or she may demonstrate that a source other than a
regulated unit caused the contamination or that the detection is an
artifact caused by an error in sampling, analysis, or statistical
evaluation or natural variation in the ground water. In making a
demonstration under this paragraph, the owner or operator must:
(1) Notify the Regional Administrator in writing within seven days
that he intends to make a demonstration under this paragraph;
(2) Within 90 days, submit a report to the Regional Administrator
which demonstrates that a source other than a regulated unit caused the
standard to be exceeded or that the apparent noncompliance with the
standards resulted from error in sampling, analysis, or evaluation;
(3) Within 90 days, submit to the Regional Administrator an
application for a permit modification to make any appropriate changes to
the compliance monitoring program at the facility; and
(4) Continue to monitor in accord with the compliance monitoring
program established under this section.
(j) If the owner or operator determines that the compliance
monitoring program no longer satisfies the requirements of this section,
he must, within 90 days, submit an application for a permit modification
to make any appropriate changes to the program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 25946, July 9, 1987; 53 FR 39730, Oct. 11, 1988; 71 FR 16904, Apr. 4,
2006; 71 FR 40272, July 14, 2006]
Sec. 264.100 Corrective action program.
An owner or operator required to establish a corrective action
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must take corrective action to ensure that
regulated units are in compliance with the ground-water protection
standard under Sec. 264.92. The Regional Administrator will specify the
ground-water protection standard in the facility permit, including:
(1) A list of the hazardous constituents identified under
Sec. 264.93;
(2) Concentration limits under Sec. 264.94 for each of those
hazardous constituents;
(3) The compliance point under Sec. 264.95; and
(4) The compliance period under Sec. 264.96.
(b) The owner or operator must implement a corrective action program
that prevents hazardous constituents from exceeding their respective
concentration limits at the compliance point by removing the hazardous
waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
(c) The owner or operator must begin corrective action within a
reasonable time period after the ground-water protection standard is
exceeded. The Regional Administrator will specify that time period in
the facility permit. If a facility permit includes a corrective action
program in addition to a compliance monitoring program, the permit will
specify when the corrective action will begin and such a requirement
will operate in lieu of Sec. 264.99(i)(2).
(d) In conjunction with a corrective action program, the owner or
operator must establish and implement a ground-water monitoring program
to demonstrate the effectiveness of the corrective action program. Such
a monitoring program may be based on the requirements for a compliance
monitoring program under Sec. 264.99 and must be as effective as that
program in determining compliance with the ground-water protection
standard under Sec. 264.92 and in determining the success of a
corrective action program under paragraph (e) of this section, where
appropriate.
[[Page 389]]
(e) In addition to the other requirements of this section, the owner
or operator must conduct a corrective action program to remove or treat
in place any hazardous constituents under Sec. 264.93 that exceed
concentration limits under Sec. 264.94 in groundwater:
(1) Between the compliance point under Sec. 264.95 and the
downgradient property boundary; and
(2) Beyond the facility boundary, where necessary to protect human
health and the environment, unless the owner or operator demonstrates to
the satisfaction of the Regional Administrator that, despite the owner's
or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. The owner/operator is
not relieved of all responsibility to clean up a release that has
migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-
by-case basis.
(3) Corrective action measures under this paragraph must be
initiated and completed within a reasonable period of time considering
the extent of contamination.
(4) Corrective action measures under this paragraph may be
terminated once the concentration of hazardous constituents under
Sec. 264.93 is reduced to levels below their respective concentration
limits under Sec. 264.94.
(f) The owner or operator must continue corrective action measures
during the compliance period to the extent necessary to ensure that the
ground-water protection standard is not exceeded. If the owner or
operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary
to achieve compliance with the ground-water protection standard. The
owner or operator may terminate corrective action measures taken beyond
the period equal to the active life of the waste management area
(including the closure period) if he can demonstrate, based on data from
the ground-water monitoring program under paragraph (d) of this section,
that the ground-water protection standard of Sec. 264.92 has not been
exceeded for a period of three consecutive years.
(g) The owner or operator must report in writing to the Regional
Administrator on the effectiveness of the corrective action program. The
owner or operator must submit these reports annually.
(h) If the owner or operator determines that the corrective action
program no longer satisfies the requirements of this section, he must,
within 90 days, submit an application for a permit modification to make
any appropriate changes to the program.
[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 45798, Dec. 1, 1987; 71 FR 16904, Apr. 4, 2006]
Sec. 264.101 Corrective action for solid waste management units.
(a) The owner or operator of a facility seeking a permit for the
treatment, storage or disposal of hazardous waste must institute
corrective action as necessary to protect human health and the
environment for all releases of hazardous waste or constituents from any
solid waste management unit at the facility, regardless of the time at
which waste was placed in such unit.
(b) Corrective action will be specified in the permit in accordance
with this section and subpart S of this part. The permit will contain
schedules of compliance for such corrective action (where such
corrective action cannot be completed prior to issuance of the permit)
and assurances of financial responsibility for completing such
corrective action.
(c) The owner or operator must implement corrective actions beyond
the facility property boundary, where necessary to protect human health
and the environment, unless the owner or operator demonstrates to the
satisfaction of the Regional Administrator that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the
necessary permission to undertake such actions. The owner/operator is
not relieved of all responsibility to clean up a release that has
migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-
by-case basis. Assurances of financial responsibility
[[Page 390]]
for such corrective action must be provided.
(d) This section does not apply to remediation waste management
sites unless they are part of a facility subject to a permit for
treating, storing or disposing of hazardous wastes that are not
remediation wastes.
[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58
FR 8683, Feb. 16, 1993; 63 FR 65938, Nov. 30, 1998; 71 FR 40272, July
14, 2006]