[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Parts 260 to 265
Revised as of July 1, 2019
Containing a codification of documents of general
applicability and future effect
As of July 1, 2019
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........................ 887
Alphabetical List of Agencies Appearing in the CFR...... 907
List of CFR Sections Affected........................... 917
[[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.
----------------------------
[[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
issues of the Federal Register. These two publications must be used
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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
List of Parts Affected,'' which appears in the Reader Aids section of
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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those instances where a regulation published in the Federal Register
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inserted following the text.
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
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
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not accidentally dropped due to a printing or computer error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
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if it were published in full in the Federal Register (5 U.S.C. 552(a)).
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
an approved incorporation by reference, please contact the agency that
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
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.
REPUBLICATION OF MATERIAL
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INQUIRIES
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The e-CFR is a regularly updated, unofficial editorial compilation
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available at www.ecfr.gov.
Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2019
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-seven
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-
60.499), part 60 (60.500-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
72-79, part 80, part 81, parts 82-86, 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-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2019.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-VIII--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.
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 Stephen J. Frattini.
[[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................................... 32
262 Standards applicable to generators of
hazardous waste......................... 353
263 Standards applicable to transporters of
hazardous waste......................... 419
264 Standards for owners and operators of
hazardous waste treatment, storage, and
disposal facilities..................... 426
265 Interim status standards for owners and
operators of hazardous waste treatment,
storage, and disposal facilities........ 682
[[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.
260.4 Manifest copy submission requirements for certain interstate waste
shipments.
260.5 Applicability of electronic manifest system and user fee
requirements to facilities receiving state-only regulated
waste shipments.
Subpart B_Definitions
260.10 Definitions.
260.11 Incorporation by reference.
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.
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, 6939g, and 6974.
Source: 45 FR 33073, May 19, 1980, unless otherwise noted.
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 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),
[[Page 6]]
and part 2 of this chapter, as applicable.
(b) Except as provided under paragraphs (c) and (d) 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.
(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 Sec. Sec. 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.
(d)(1) After June 26, 2018, no claim of business confidentiality may
be asserted by any person with respect to information contained in
cathode ray tube export documents prepared, used and submitted under
Sec. Sec. 261.39(a)(5) and 261.41(a) of this chapter, and with respect
to information contained in hazardous waste export, import, and transit
documents prepared, used and submitted under Sec. Sec. 262.82, 262.83,
262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this
chapter, whether submitted electronically into EPA's Waste Import Export
Tracking System or in paper format.
(2) EPA will make any cathode ray tube export documents prepared,
used and submitted under Sec. Sec. 261.39(a)(5) and 261.41(a) of this
chapter, and any hazardous waste export, import, and transit documents
prepared, used and submitted under Sec. Sec. 262.82, 262.83, 262.84,
263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this chapter
available to the public under this section when these electronic or
paper documents are considered by EPA to be final documents. These
submitted electronic and paper documents related to hazardous waste
exports, imports and transits and cathode ray tube exports are
considered by EPA to be final documents on March 1 of the calendar year
after the related cathode ray tube exports or hazardous waste exports,
imports, or transits occur.
[79 FR 7557, Feb. 7, 2014, as amended at 82 FR 60900, Dec. 26, 2017]
Sec. 260.3 Use of number and gender.
As used in parts 260 through 273 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; 81
FR 85805, Nov. 28, 2016]
Sec. 260.4 Manifest copy submission requirements for certain
interstate waste shipments.
(a) In any case in which the state in which waste is generated, or
the state in which waste will be transported to a designated facility,
requires that the waste be regulated as a hazardous waste or otherwise
be tracked through a hazardous waste manifest, the designated facility
that receives the waste shall, regardless of the state in which the
facility is located:
(1) Complete the facility portion of the applicable manifest;
(2) Sign and date the facility certification;
(3) Submit to the e-Manifest system a final copy of the manifest for
data processing purposes; and
[[Page 7]]
(4) Pay the appropriate per manifest fee to EPA for each manifest
submitted to the e-Manifest system, subject to the fee determination
methodology, payment methods, dispute procedures, sanctions, and other
fee requirements specified in subpart FF of part 264 of this chapter.
[83 FR 451, Jan. 3, 2018]
Sec. 260.5 Applicability of electronic manifest system and user fee
requirements to facilities receiving state-only regulated waste
shipments.
(a) For purposes of this section, ``state-only regulated waste''
means:
(1) A non-RCRA waste that a state regulates more broadly under its
state regulatory program, or
(2) A RCRA hazardous waste that is federally exempt from manifest
requirements, but not exempt from manifest requirements under state law.
(b) In any case in which a state requires a RCRA manifest to be used
under state law to track the shipment and transportation of a state-only
regulated waste to a receiving facility, the facility receiving such a
waste shipment for management shall:
(1) Comply with the provisions of Sec. Sec. 264.71 (use of the
manifest) and 264.72 (manifest discrepancies) of this chapter; and
(2) Pay the appropriate per manifest fee to EPA for each manifest
submitted to the e-Manifest system, subject to the fee determination
methodology, payment methods, dispute procedures, sanctions, and other
fee requirements specified in subpart FF of part 264 of this chapter.
[83 FR 451, Jan. 3, 2018]
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.
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''.)
Acute hazardous waste means hazardous wastes that meet the listing
criteria in Sec. 261.11(a)(2) and therefore are either listed in Sec.
261.31 of this chapter with the assigned hazard code of (H) or are
listed in Sec. 261.33(e) of this chapter.
Administrator means the Administrator of the Environmental
Protection Agency, or his designee.
AES filing compliance date means the date that EPA announces in the
Federal Register, on or after which exporters of hazardous waste and
exporters of cathode ray tubes for recycling are required to file EPA
information in the Automated Export System or its successor system,
under the International Trade Data System (ITDS) platform.
Airbag waste means any hazardous waste airbag modules or hazardous
waste airbag inflators.
Airbag waste collection facility means any facility that receives
airbag waste from airbag handlers subject to regulation under Sec.
261.4(j) of this chapter, and accumulates the waste for more than ten
days.
Airbag waste handler means any person, by site, who generates airbag
waste that is subject to regulation under this chapter.
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
[[Page 8]]
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
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.
Central accumulation area means any on-site hazardous waste
accumulation area with hazardous waste accumulating in units subject to
either Sec. 262.16 (for small quantity generators) or Sec. 262.17 of
this chapter (for large quantity generators). A central accumulation
area at an eligible academic entity that chooses to operate under 40 CFR
part 262 subpart K is also subject to Sec. 262.211 when accumulating
unwanted material and/or hazardous waste.
Certification means a statement of professional opinion based upon
knowledge and belief.
[[Page 9]]
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.
Contained means held in a unit (including a land-based unit as
defined in this subpart) that meets the following criteria:
(1) The unit is in good condition, with no leaks or other continuing
or intermittent unpermitted releases of the hazardous secondary
materials to the environment, and is designed, as appropriate for the
hazardous secondary materials, to prevent releases of hazardous
secondary materials to the environment. Unpermitted releases are
releases that are not covered by a permit (such as a permit to discharge
to water or air) and may include, but are not limited to, releases
through surface transport by precipitation runoff, releases to soil and
groundwater, wind-blown dust, fugitive air emissions, and catastrophic
unit failures;
(2) The unit is properly labeled or otherwise has a system (such as
a log) to immediately identify the hazardous secondary materials in the
unit; and
(3) The unit holds hazardous secondary materials that are compatible
with other hazardous secondary materials placed in the unit and is
compatible with the materials used to construct the unit and addresses
any potential risks of fires or explosions.
(4) Hazardous secondary materials in units that meet the applicable
requirements of 40 CFR parts 264 or 265 are presumptively contained.
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 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.
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
[[Page 10]]
(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 Sec. Sec.
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.
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.
Electronic import-export reporting compliance date means the date
that EPA announces in the Federal Register, on or after which exporters,
importers, and receiving facilities are required to submit certain
export and import related documents to EPA using EPA's Waste Import
Export Tracking System, or its successor system.
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.
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:
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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 Sec. Sec. 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 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
[[Page 12]]
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.
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.
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 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
[[Page 13]]
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
(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
[[Page 14]]
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.
Large quantity generator is a generator who generates any of the
following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute
hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter; or
(3) Greater than 100 kilograms (220 lbs) of 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 acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter.
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,
[[Page 15]]
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), or the electronic manifest, originated
and signed in accordance with the applicable requirements of parts 262
through 265 of this chapter.
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''.)
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.
[[Page 16]]
Non-acute hazardous waste means all hazardous wastes that are not
acute hazardous waste, as defined in this section.
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.
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
(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
[[Page 17]]
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.
Recognized trader means a person domiciled in the United States, by
site of business, who acts to arrange and facilitate transboundary
movements of wastes destined for recovery or disposal operations, either
by purchasing from and subsequently selling to United States and foreign
facilities, or by acting under arrangements with a United States waste
facility to arrange for the export or import of the wastes.
Regional Administrator means the Regional Administrator for the EPA
Region in which the facility is located, or his designee.
Remanufacturing means processing a higher-value hazardous secondary
material in order to manufacture a product that serves a similar
functional purpose as the original commercial-grade material. For the
purpose of this definition, a hazardous secondary material is considered
higher-value if it was generated from the use of a commercial-grade
material in a manufacturing process and can be remanufactured into a
similar commercial-grade material.
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 the heating value of the sludge itself, of 2,500 Btu/lb of
sludge treated on a wet-weight basis.
Small quantity generator is a generator who generates the following
amounts in a calendar month:
(1) Greater than 100 kilograms (220 lbs) but less than 1,000
kilograms (2200 lbs) of non-acute hazardous waste; and
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous
waste listed in Sec. 261.31 or Sec. 261.33(e) of this chapter; and
[[Page 18]]
(3) Less than or equal to 100 kilograms (220 lbs) of 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 acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter.
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 19]]
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 20]]
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.
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.
Very small quantity generator is a generator who generates less than
or equal to the following amounts in a calendar month:
(1) 100 kilograms (220 lbs) of non-acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in Sec.
261.31 or Sec. 261.33(e) of this chapter; and
(3) 100 kilograms (220 lbs) of 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 acute hazardous waste listed in Sec. 261.31
or Sec. 261.33(e) of this chapter.
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''.)
[[Page 21]]
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.govinfo.gov.
Sec. 260.11 Incorporation by reference.
(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 Sec. Sec. 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 Sec. Sec. 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.
(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 Sec. Sec.
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
[[Page 22]]
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 Sec. Sec. 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 Sec. Sec. 268.40, 268.44,
268.48.
(xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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'' (NFPA 30), 1977 or
1981, IBR
[[Page 23]]
approved for Sec. Sec. 262.16(b), 264.198(b), 265.198(b), 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
Organization for Economic Cooperation and Development, Environment
Directorate, 2 rue Andr[eacute] Pascal, F-75775 Paris Cedex 16, France.
(1) Guidance Manual for the Control of Transboundary Movements of
Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of
Wastes Subject to the Green Control Procedure and Annex C: OECD
Consolidated List of Wastes Subject to the Amber Control Procedure, IBR
approved for Sec. Sec. 262.82(a), 262.83(b),(d), and (g), and 262.84(b)
and (d) 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; 81 FR 85713, 85806, Nov. 28, 2016]
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.
(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
[[Page 24]]
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)
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
[[Page 25]]
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):
(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);
[[Page 26]]
(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]
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
[[Page 27]]
(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; 80 FR 1771, Jan.
13, 2015; 83 FR 24667, May 30, 2018]
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 Administrator may grant requests for a variance from
classifying as a solid waste those hazardous secondary materials that
have been partially reclaimed, but must be reclaimed further before
recovery is completed, if the partial reclamation has produced a
commodity-like material. A determination that a partially-reclaimed
material for which the variance is sought is commodity-like will be
based on whether the hazardous secondary material is legitimately
recycled as specified in Sec. 260.43 of this part and on whether all of
the following decision criteria are satisfied:
(1) Whether the degree of partial reclamation the material has
undergone is substantial as demonstrated by using a partial reclamation
process other than the process that generated the hazardous waste;
(2) Whether the partially-reclaimed material has sufficient economic
value that it will be purchased for further reclamation;
(3) Whether the partially-reclaimed material is a viable substitute
for a product or intermediate produced from virgin or raw materials
which is used in subsequent production steps;
(4) Whether there is a market for the partially-reclaimed material
as demonstrated by known customer(s) who are further reclaiming the
material (e.g., records of sales and/or contracts
[[Page 28]]
and evidence of subsequent use, such as bills of lading);
(5) Whether the partially-reclaimed material is handled to minimize
loss.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 71
FR 16902, Apr. 4, 2006; 80 FR 1771, Jan. 13, 2015; 83 FR 24667, May 30,
2018]
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) In the event of a change in circumstances that affect how a
hazardous secondary material meets the relevant criteria contained in
Sec. 260.31, Sec. 260.32, or Sec. 260.34 upon which a variance or
non-waste determination has been based, the applicant must send a
description of the change in circumstances to the Administrator. The
Administrator may issue a determination that the hazardous secondary
material continues to meet the relevant criteria of the variance or non-
waste determination or may require the facility to re-apply for the
variance or non-waste determination.
(d) Variances and non-waste determinations shall be effective for a
fixed term not to exceed ten years. No later than six months prior to
the end of this term, facilities must re-apply for a variance or non-
waste determination. If a facility re-applies for a variance or non-
waste determination within six months, the facility may continue to
operate under an expired variance or non-waste determination until
receiving a decision on their re-application from the Administrator.
(e) Facilities receiving a variance or non-waste determination must
provide notification as required by Sec. 260.42 of this chapter.
[59 FR 48041, Sept. 19, 1994, as amended at 73 FR 64758, Oct. 30, 2008;
80 FR 1772, Jan. 13, 2015]
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
[[Page 29]]
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;
(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, including why the hazardous secondary
material cannot meet, or should not have to meet, the conditions of an
exclusion under Sec. 261.2 or Sec. 261.4 of this chapter.
(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, including why the hazardous secondary
material cannot meet, or should not have to meet, the conditions of an
exclusion under Sec. 261.2 or Sec. 261.4 of this chapter.
[73 FR 64758, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015]
[[Page 30]]
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;
(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) Facilities managing hazardous secondary materials under
Sec. Sec. 260.30, 261.4(a)(23), 261.4(a)(24), 261.4(a)(25), or
261.4(a)(27) must send a notification prior to operating under the
regulatory provision and by March 1 of each even-
[[Page 31]]
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 regulation under which the hazardous secondary materials
will be managed;
(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);
(6) When the facility began or expects to begin managing the
hazardous secondary materials in accordance with the regulation;
(7) A list of hazardous secondary materials that will be managed
according to the regulation (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 facility managing hazardous secondary materials has
submitted a notification, but then subsequently stops managing hazardous
secondary materials in accordance with the regulation(s) listed above,
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 regulation(s) above and does not expect to manage any amount
of hazardous secondary materials for at least 1 year.
[73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015; 83
FR 24667, May 30, 2018]
Sec. 260.43 Legitimate recycling of hazardous secondary materials.
(a) Recycling of hazardous secondary materials for the purpose of
the exclusions or exemptions from the hazardous waste regulations must
be 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 all the requirements
of this paragraph and must consider the requirements of paragraph (b) of
this section.
(1) 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. 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 recycling process must produce a valuable product or
intermediate. 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.
(3) The generator and the recycler must manage the hazardous
secondary material as a valuable commodity when it is under their
control. Where there is an analogous raw material, the hazardous
secondary material must be managed, at a minimum, in a manner consistent
with the management of the
[[Page 32]]
raw material or in an equally protective manner. Where there is no
analogous raw material, the hazardous secondary material must be
contained. Hazardous secondary materials that are released to the
environment and are not recovered immediately are discarded.
(b) The following factor must be considered in making a
determination as to the overall legitimacy of a specific recycling
activity.
(1) 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 hazardous constituents found in
appendix VIII of part 261 at levels that are significantly elevated from
those found in analogous products, or
(iii) Exhibit a hazardous characteristic (as defined in part 261
subpart C) that analogous products do not exhibit.
(2) 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
considerations, the factor in this paragraph is not met, then this fact
may be an indication that the material is not legitimately recycled.
However, the factor in this paragraph does not have to be met for the
recycling to be considered legitimate. In evaluating the extent to which
this factor is met and in determining whether a process that does not
meet this factor is still legitimate, persons can consider exposure from
toxics in the product, the bioavailability of the toxics in the product
and other relevant considerations.
(c) [Reserved]
[73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015; 83
FR 24667, May 30, 2018]
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 [Reserved]
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_Manifest Requirements Applicable to Small and Large Quantity
Generators
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 [Reserved]
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.
[[Page 33]]
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.
Subpart I_Use and Management of Containers
261.170 Applicability.
261.171 Condition of containers.
261.172 Compatibility of hazardous secondary materials with containers.
261.173 Management of containers.
261.175 Containment.
261.176 Special requirements for ignitable or reactive hazardous
secondary material.
261.177 Special requirements for incompatible materials.
261.179 Air emission standards.
Subpart J_Tank Systems
261.190 Applicability.
261.191 Assessment of existing tank system's integrity.
261.192 [Reserved]
261.193 Containment and detection of releases.
261.194 General operating requirements.
261.195 [Reserved]
261.196 Response to leaks or spills and disposition of leaking or unfit-
for-use tank systems.
261.197 Termination of remanufacturing exclusion.
261.198 Special requirements for ignitable or reactive materials.
261.199 Special requirements for incompatible materials.
261.200 Air emission standards.
Subparts K-L [Reserved]
Subpart M_Emergency Preparedness and Response for Management of Excluded
Hazardous Secondary Materials
261.400 Applicability.
261.410 Preparedness and prevention
261.411 Emergency procedures for facilities generating or accumulating
of 6000 kg or less of hazardous secondary material.
261.420 Contingency planning and emergency procedures for facilities
generating or accumulating more than 6000 kg of hazardous
secondary material.
Subparts N-Z [Reserved]
Subpart AA_Air Emission Standards for Process Vents
261.1030 Applicability.
261.1031 Definitions.
261.1032 Standards: Process vents.
261.1033 Standards: Closed-vent systems and control devices.
261.1034 Test methods and procedures.
261.1035 Recordkeeping requirements.
261.1036-261.1049 [Reserved]
Subpart BB_Air Emission Standards for Equipment Leaks
261.1050 Applicability.
261.1051 Definitions.
261.1052 Standards: Pumps in light liquid service.
261.1053 Standards: Compressors.
261.1054 Standards: Pressure relief devices in gas/vapor service.
261.1055 Standards: Sampling connection systems.
261.1056 Standards: Open-ended valves or lines.
261.1057 Standards: Valves in gas/vapor service or in light liquid
service.
261.1058 Standards: Pumps and valves in heavy liquid service, pressure
relief devices in light liquid or heavy liquid service, and
flanges and other connectors.
261.1059 Standards: Delay of repair.
261.1060 Standards: Closed-vent systems and control devices.
261.1061 Alternative standards for valves in gas/vapor service or in
light liquid service: percentage of valves allowed to leak.
261.1062 Alternative standards for valves in gas/vapor service or in
light liquid service: skip period leak detection and repair.
261.1063 Test methods and procedures.
261.1064 Recordkeeping requirements.
261.1065-261.1079 [Reserved]
Subpart CC_Air Emission Standards for Tanks and Containers
261.1080 Applicability.
261.1081 Definitions.
261.1082 Standards: General.
261.1083 Material determination procedures.
261.1084 Standards: Tanks.
261.1085 [Reserved]
261.1086 Standards: Containers.
261.1087 Standards: Closed-vent systems and control devices.
261.1088 Inspection and monitoring requirements.
261.1089 Recordkeeping requirements.
261.1090 [Reserved]
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]
[[Page 34]]
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 Sec. Sec. 260.20 and
260.22
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 of this chapter and establishes
special management requirements for hazardous waste produced by very
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 Sec. Sec. 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 Sec. 261.4(a)(23) and (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) through (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
[[Page 35]]
(ii) Employed in a particular function or application as an
effective substitute for a commercial product (for example, spent pickle
liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment).
(6) ``Scrap metal'' is bits and pieces of metal parts (e.g., bars,
turnings, rods, sheets, wire) or metal pieces that may be combined
together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is ``recycled'' if it is used, reused, or reclaimed.
(8) A material is ``accumulated speculatively'' if it is accumulated
before being recycled. A material is not accumulated speculatively,
however, if the person accumulating it can show that the material is
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. Materials
must be placed in a storage unit with a label indicating the first date
that the material began to be accumulated. If placing a label on the
storage unit is not practicable, the accumulation period must be
documented through an inventory log or other appropriate method. 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; 80 FR 1773, Jan. 13, 2015; 81 FR 85806, Nov. 28,
2016]
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
Sec. Sec. 260.30 and 260.31 or that is not excluded by a non-waste
determination under Sec. Sec. 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) [Reserved]
[[Page 36]]
(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; or
(4) Sham recycled, as explained in paragraph (g) of this section.
(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 Sec. Sec. 261.4(a)(17), or 261.4(a)(23), 261.4(a)(24),
or 261.4(a)(27).
(4) Accumulated speculatively. Materials noted with a ``*'' in
column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1
----------------------------------------------------------------------------------------------------------------
Reclamation
(Sec.
261.2(c)(3)),
Use except as Speculative
constituting Energy recovery/ provided in accumulation
disposal (Sec. fuel (Sec. Sec. Sec. (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)(27)
----------------------------------------------------------------------------------------------------------------
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 40 (*) (*) (*) (*)
CFR 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.
(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
[[Page 37]]
(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.
(g) Sham recycling. A hazardous secondary material found to be sham
recycled is considered discarded and a solid waste. Sham recycling is
recycling that is not legitimate recycling as defined in Sec. 260.43.
[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; 80 FR 1774, Jan. 13, 2015]
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, beneficiation, and processing of ores and minerals
excluded under Sec. 261.4(b)(7) and any other solid waste
[[Page 38]]
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 Sec. Sec.
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 Sec. Sec. 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
(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,
[[Page 39]]
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 Sec. Sec. 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
Sec. Sec. 261.31 through 261.32, or any nonmanufacturing facility that
claims an exemption for de minimis quantities of wastes listed in
subpart D of this part must either have eliminated the discharge of
wastewaters or have included in its Clean Water Act permit application
or submission to its pretreatment control authority the constituents for
which each waste was listed (in 40 CFR 261 appendix VII) of this part;
and the constituents in the table ``Treatment Standards for Hazardous
Wastes'' in 40 CFR 268.40 for which each waste has a treatment
[[Page 40]]
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 63, or at facilities subject to an enforceable limit in
a federal operating permit that minimizes fugitive emissions), does not
exceed 5 milligrams per
[[Page 41]]
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:
(A) Waste pickle liquor sludge generated by lime stabilization of
spent pickle liquor from the iron and steel industry (SIC Codes 331 and
332).
[[Page 42]]
(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, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156), and wastewaters from the production of
[[Page 43]]
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 Sec. Sec. 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
(ii) Any solid waste generated from treating, storing, or disposing
of an eligible radioactive mixed waste.
[[Page 44]]
(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
provided it is not 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;
(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
[[Page 45]]
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, 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.
(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:
[[Page 46]]
(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) [Reserved]
(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 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
[[Page 47]]
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:
(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
[[Page 48]]
(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 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
[[Page 49]]
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 legitimately
reclaimed within the United States or its territories and under the
control of the generator, provided that the material complies with
paragraphs (a)(23)(i) and (ii) of this section:
(i)(A) The hazardous secondary material is generated and reclaimed
at the generating facility (for purposes of this definition, generating
facility means all contiguous property owned, leased, or otherwise
controlled by the hazardous secondary material generator); or
(B) The hazardous secondary 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 of this chapter,
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 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. The generating and receiving facilities
must both maintain at their facilities for no less than three years
records of hazardous secondary materials sent or received under this
exclusion. In both cases, the records must contain the name of the
transporter, the date of the shipment, and the type and quantity of the
hazardous secondary material shipped or received under the exclusion.
These requirements may be satisfied by routine business records (e.g.,
financial records, bills of lading, copies of DOT shipping papers, or
electronic confirmations); or
[[Page 50]]
(C) The hazardous secondary 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 occur during the manufacturing process''. The tolling
contractor must maintain at its facility for no less than three years
records of hazardous secondary materials received pursuant to its
written contract with the tolling manufacturer, and the tolling
manufacturer must maintain at its facility for no less than three years
records of hazardous secondary materials shipped pursuant to its written
contract with the tolling contractor. In both cases, the records must
contain the name of the transporter, the date of the shipment, and the
type and quantity of the hazardous secondary material shipped or
received pursuant to the written contract. These requirements may be
satisfied by routine business records (e.g., financial records, bills of
lading, copies of DOT shipping papers, or electronic confirmations). 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.
(ii)(A) The hazardous secondary material is contained as defined in
Sec. 260.10 of this chapter. A hazardous secondary material released to
the environment is discarded and a solid waste unless it is immediately
recovered for the purpose of reclamation. Hazardous secondary material
managed in a unit with leaks or other continuing or intermittent
unpermitted releases is discarded and a solid waste.
(B) The hazardous secondary material is not speculatively
accumulated, as defined in Sec. 261.1(c)(8).
(C) Notice is provided as required by Sec. 260.42 of this chapter.
(D) The material is not otherwise subject to material-specific
management conditions under paragraph (a) of this section when
reclaimed, and it is not a spent lead-acid battery (see Sec. Sec.
266.80 and 273.2 of this chapter).
(E) Persons performing the recycling of hazardous secondary
materials under this exclusion must maintain documentation of their
legitimacy determination on-site. Documentation must be a written
description of how the recycling meets all three factors in Sec.
260.43(a) and how the factor in Sec. 260.43(b) was considered.
Documentation must be maintained for three years after the recycling
operation has ceased.
(F) The emergency preparedness and response requirements found in
subpart M of this part are met.
(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, and it is
[[Page 51]]
not a spent lead-acid battery (see Sec. Sec. 266.80 and 273.2 of this
chapter);
(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 as defined in Sec. 260.10. A
hazardous secondary material released to the environment is discarded
and a solid waste unless it is immediately recovered for the purpose of
recycling. Hazardous secondary material managed in a unit with leaks or
other continuing releases is discarded and a solid waste.
(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.
(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
[[Page 52]]
material generator can rely on the publicly available information from
EPA or the state. If the reclamation facility or any intermediate
facility that is 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.
[[Page 53]]
(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-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);
(F) The hazardous secondary material generator must comply with the
emergency preparedness and response conditions in subpart M of this
part.
(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 have 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.
[[Page 54]]
(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
(a)(24)(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 country of import;
(H) The name and address of the reclaimer, any intermediate facility
and any alternate reclaimer and intermediate facilities; and
(I) The name of any countries of transit 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 ``EPA
Acknowledgement of Consent'', ``country of import'' and ``country of
transit'' are used as defined in 40 CFR 262.81 with the exception that
the terms in this section refer to hazardous secondary materials, rather
than hazardous waste):
(ii) Notifications must be submitted electronically using EPA's
Waste Import Export Tracking System (WIETS), or its successor system.
(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 country of import 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 countries of transit pursuant to paragraphs
(a)(25)(i)(E) of this section) has been obtained and the hazardous
secondary material generator receives from EPA an EPA Acknowledgment of
Consent reflecting the country of import's consent to the changes.
(iv) Upon request by EPA, the hazardous secondary material generator
shall furnish to EPA any additional information which a country of
import
[[Page 55]]
requests in order to respond to a notification.
(v) EPA will provide a complete notification to the country of
import and any countries of transit. 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 country of import consents to the
intended export. When the country of import consents in writing to the
receipt of the hazardous secondary material, EPA will send an EPA
Acknowledgment of Consent to the hazardous secondary material generator.
Where the country of import 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
countries of transit.
(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 country of import or countries of transit 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 country of import, the transboundary movement may commence. In such
cases, EPA will send an EPA Acknowledgment of Consent to inform the
hazardous secondary material generator that the country of import and
any relevant countries of transit 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 EPA Acknowledgment of Consent must accompany
the shipment. The shipment must conform to the terms of the EPA
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 EPA Acknowledgment of Consent.
(x) Hazardous secondary material generators must keep a copy of each
notification of intent to export and each EPA Acknowledgment of Consent
for a period of three years following receipt of the EPA Acknowledgment
of Consent. They may satisfy this recordkeeping requirement by retaining
electronically submitted notifications or electronically generated
Acknowledgements in their account on EPA's Waste Import Export Tracking
System (WIETS), or its successor system, provided that such copies are
readily available for viewing and production if requested by any EPA or
authorized state inspector. No hazardous secondary material generator
may be held liable for the inability to produce a notification or
Acknowledgement for inspection under this section if they can
demonstrate that the inability to produce such copies are due
exclusively to technical difficulty with EPA's Waste Import Export
Tracking System (WIETS), or its successor system for which the hazardous
secondary material generator bears no responsibility.
(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 must be submitted electronically using EPA's Waste
Import Export Tracking System (WIETS), or its successor system. Such
reports must include the following information:
[[Page 56]]
(A) Name, mailing and site address, and EPA ID number (if
applicable) of the hazardous secondary material generator;
(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, the 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.
(27) Hazardous secondary material that is generated and then
transferred to another person for the purpose of remanufacturing is not
a solid waste, provided that:
(i) The hazardous secondary material consists of one or more of the
following spent solvents: Toluene, xylenes, ethylbenzene, 1,2,4-
trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-
butyl ether, acetonitrile, chloroform, chloromethane,
[[Page 57]]
dichloromethane, methyl isobutyl ketone, NN-dimethylformamide,
tetrahydrofuran, n-butyl alcohol, ethanol, and/or methanol;
(ii) The hazardous secondary material originated from using one or
more of the solvents listed in paragraph (a)(27)(i) of this section in a
commercial grade for reacting, extracting, purifying, or blending
chemicals (or for rinsing out the process lines associated with these
functions) in the pharmaceutical manufacturing (NAICS 325412), basic
organic chemical manufacturing (NAICS 325199), plastics and resins
manufacturing (NAICS 325211), and/or the paints and coatings
manufacturing sectors (NAICS 325510).
(iii) The hazardous secondary material generator sends the hazardous
secondary material spent solvents listed in paragraph (a)(27)(i) of this
section to a remanufacturer in the pharmaceutical manufacturing (NAICS
325412), basic organic chemical manufacturing (NAICS 325199), plastics
and resins manufacturing (NAICS 325211), and/or the paints and coatings
manufacturing sectors (NAICS 325510).
(iv) After remanufacturing one or more of the solvents listed in
paragraph (a)(27)(i) of this section, the use of the remanufactured
solvent shall be limited to reacting, extracting, purifying, or blending
chemicals (or for rinsing out the process lines associated with these
functions) in the pharmaceutical manufacturing (NAICS 325412), basic
organic chemical manufacturing (NAICS 325199), plastics and resins
manufacturing (NAICS 325211), and the paints and coatings manufacturing
sectors (NAICS 325510) or to using them as ingredients in a product.
These allowed uses correspond to chemical functional uses enumerated
under the Chemical Data Reporting Rule of the Toxic Substances Control
Act (40 CFR parts 704, 710-711), including Industrial Function Codes
U015 (solvents consumed in a reaction to produce other chemicals) and
U030 (solvents become part of the mixture);
(v) After remanufacturing one or more of the solvents listed in
paragraph (a)(27)(i) of this section, the use of the remanufactured
solvent does not involve cleaning or degreasing oil, grease, or similar
material from textiles, glassware, metal surfaces, or other articles.
(These disallowed continuing uses correspond to chemical functional uses
in Industrial Function Code U029 under the Chemical Data Reporting Rule
of the Toxics Substances Control Act.); and
(vi) Both the hazardous secondary material generator and the
remanufacturer must:
(A) Notify EPA or the State Director, if the state is authorized for
the program, and update the notification every two years per 40 CFR
260.42;
(B) Develop and maintain an up-to-date remanufacturing plan which
identifies:
(1) The name, address and EPA ID number of the generator(s) and the
remanufacturer(s),
(2) The types and estimated annual volumes of spent solvents to be
remanufactured,
(3) The processes and industry sectors that generate the spent
solvents,
(4) The specific uses and industry sectors for the remanufactured
solvents, and
(5) A certification from the remanufacturer stating ``on behalf of
[insert remanufacturer facility name], I certify that this facility is a
remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic
organic chemical manufacturing (NAICS 325199), plastics and resins
manufacturing (NAICS 325211), and/or the paints and coatings
manufacturing sectors (NAICS 325510), and will accept the spent
solvent(s) for the sole purpose of remanufacturing into commercial-grade
solvent(s) that will be used for reacting, extracting, purifying, or
blending chemicals (or for rinsing out the process lines associated with
these functions) or for use as product ingredient(s). I also certify
that the remanufacturing equipment, vents, and tanks are equipped with
and are operating air emission controls in compliance with the
appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or
part 63, or, absent such Clean Air Act standards for the particular
operation or piece of equipment covered by the remanufacturing
exclusion, are in compliance with the appropriate standards in 40 CFR
part 261, subparts AA (vents),
[[Page 58]]
BB (equipment) and CC (tank storage),'';
(C) Maintain records of shipments and confirmations of receipts for
a period of three years from the dates of the shipments;
(D) Prior to remanufacturing, store the hazardous spent solvents in
tanks or containers that meet technical standards found in subparts I
and J of 40 CFR part 261, with the tanks and containers being labeled or
otherwise having an immediately available record of the material being
stored;
(E) During remanufacturing, and during storage of the hazardous
secondary materials prior to remanufacturing, the remanufacturer
certifies that the remanufacturing equipment, vents, and tanks are
equipped with and are operating air emission controls in compliance with
the appropriate Clean Air Act regulations under 40 CFR part 60, part 61
or part 63; or, absent such Clean Air Act standards for the particular
operation or piece of equipment covered by the remanufacturing
exclusion, are in compliance with the appropriate standards in 40 CFR
part 261 subparts AA (vents), BB (equipment) and CC (tank storage); and
(F) Meet the requirements prohibiting speculative accumulation per
40 CFR 261.1(c)(8).
(b) Solid wastes which are not hazardous wastes. The following solid
wastes are not hazardous wastes:
(1) Household waste, including household waste that has been
collected, transported, stored, treated, disposed, recovered (e.g.,
refuse-derived fuel) or reused. ``Household waste'' means any material
(including garbage, trash and sanitary wastes in septic tanks) derived
from households (including single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas). A resource recovery facility
managing municipal solid waste shall not be deemed to be treating,
storing, disposing of, or otherwise managing hazardous 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)(i) 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.
(ii) The following wastes generated primarily from processes that
support the combustion of coal or other fossil fuels that are co-
disposed with the wastes in paragraph (b)(4)(i) of this section, except
as provided by Sec. 266.112 of this chapter for facilities that burn or
process hazardous waste:
(A) Coal pile run-off. For purposes of paragraph (b)(4) of this
section, coal pile run-off means any precipitation that drains off coal
piles.
(B) Boiler cleaning solutions. For purposes of paragraph (b)(4) of
this section, boiler cleaning solutions means water solutions and
chemical solutions used to clean the fire-side and water-side of the
boiler.
(C) Boiler blowdown. For purposes of paragraph (b)(4) of this
section, boiler blowdown means water purged from boilers used to
generate steam.
(D) Process water treatment and demineralizer regeneration wastes.
For purposes of paragraph (b)(4) of this section, process water
treatment and demineralizer regeneration wastes means sludges, rinses,
and spent resins generated from processes to remove
[[Page 59]]
dissolved gases, suspended solids, and dissolved chemical salts from
combustion system process water.
(E) Cooling tower blowdown. For purposes of paragraph (b)(4) of this
section, cooling tower blowdown means water purged from a closed cycle
cooling system. Closed cycle cooling systems include cooling towers,
cooling ponds, or spray canals.
(F) Air heater and precipitator washes. For purposes of paragraph
(b)(4) of this section, air heater and precipitator washes means wastes
from cleaning air preheaters and electrostatic precipitators.
(G) Effluents from floor and yard drains and sumps. For purposes of
paragraph (b)(4) of this section, effluents from floor and yard drains
and sumps means wastewaters, such as wash water, collected by or from
floor drains, equipment drains, and sumps located inside the power plant
building; and wastewaters, such as rain runoff, collected by yard drains
and sumps located outside the power plant building.
(H) Wastewater treatment sludges. For purposes of paragraph (b)(4)
of this section, wastewater treatment sludges refers to sludges
generated from the treatment of wastewaters specified in paragraphs
(b)(4)(ii)(A) through (F) of this section.
(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.
(H) Wastewater treatment sludges from the production of
TiO2 pigment
[[Page 60]]
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.
(11) Injected groundwater that is hazardous only because it exhibits
the Toxicity Characteristic (Hazardous
[[Page 61]]
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 this chapter that
is generated at the Ortho-McNeil Pharmaceutical, Inc.
[[Page 62]]
(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 material pipeline, or in a manufacturing process unit or an
associated
[[Page 63]]
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 paragraphs (d)(2) and (4) 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.
(4) In order to qualify for the exemption in paragraphs (d)(1)(i)
and (ii) of this section, the mass of a sample that will be exported to
a foreign laboratory or that will be imported to a U.S. laboratory from
a foreign source must additionally not exceed 25 kg.
(e) Treatability Study Samples. (1) Except as provided in paragraphs
(e)(2) and (4) of this section, persons who generate or collect samples
for the purpose of conducting treatability studies as defined in 40 CFR
260.10, are not subject to any requirement of 40 CFR parts 261 through
263 or to the notification requirements of Section 3010 of RCRA, nor are
such samples included in the quantity determinations of 40 CFR 261.5 and
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
[[Page 64]]
other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of
media contaminated with acute hazardous waste for each process being
evaluated for each generated waste stream; and
(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)
[[Page 65]]
(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 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.
(4) In order to qualify for the exemption in paragraph (e)(1)(i) of
this section, the mass of a sample that will be exported to a foreign
laboratory or testing facility, or that will be imported to a U.S.
laboratory or testing facility from a foreign source must additionally
not exceed 25 kg.
(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
[[Page 66]]
be archived for future evaluation up to five years from the date of
initial receipt. Quantities of materials archived are counted against
the total storage limit for the facility.
(6) The treatability study does not involve the placement of
hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion
of each study that show compliance with the treatment rate limits and
the storage time and quantity limits. The following specific information
must be included for each treatability study conducted:
(i) The name, address, and EPA identification number of the
generator or sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of ``as received'' waste in storage each day;
(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
[[Page 67]]
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:
(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.
(i) [Reserved]
(j) Airbag waste. (1) Airbag waste at the airbag waste handler or
during transport to an airbag waste collection facility or designated
facility is not subject to regulation under parts 262 through 268, part
270, or part 124 of this chapter, and is not subject to the notification
requirements of section 3010 of RCRA provided that:
(i) The airbag waste is accumulated in a quantity of no more than
250 airbag modules or airbag inflators, for no longer than 180 days;
(ii) The airbag waste is packaged in a container designed to address
the risk posed by the airbag waste and labeled ``Airbag Waste-Do Not
Reuse'';
(iii) The airbag waste is sent directly to either:
[[Page 68]]
(A) An airbag waste collection facility in the United States under
the control of a vehicle manufacturer or their authorized
representative, or under the control of an authorized party
administering a remedy program in response to a recall under the
National Highway Traffic Safety Administration, or
(B) A designated facility as defined in 40 CFR 260.10;
(iv) The transport of the airbag waste complies with all applicable
U.S. Department of Transportation regulations in 49 CFR part 171 through
180 during transit;
(v) The airbag waste handler maintains at the handler facility for
no less than three (3) years records of all off-site shipments of airbag
waste and all confirmations of receipt from the receiving facility. For
each shipment, these records must, at a minimum, contain the name of the
transporter and date of the shipment; name and address of receiving
facility; and the type and quantity of airbag waste (i.e., airbag
modules or airbag inflators) in the shipment. Confirmations of receipt
must include the name and address of the receiving facility; the type
and quantity of the airbag waste (i.e., airbag modules and airbag
inflators) received; and the date which it was received. Shipping
records and confirmations of receipt must be made available for
inspection and may be satisfied by routine business records (e.g.,
electronic or paper financial records, bills of lading, copies of DOT
shipping papers, or electronic confirmations of receipt).
(2) Once the airbag waste arrives at an airbag waste collection
facility or designated facility, it becomes subject to all applicable
hazardous waste regulations, and the facility receiving airbag waste is
considered the hazardous waste generator for the purposes of the
hazardous waste regulations and must comply with the requirements of 40
CFR part 262.
(3) Reuse in vehicles of defective airbag modules or defective
airbag inflators subject to a recall under the National Highway Traffic
Safety Administration is considered sham recycling and prohibited under
40 CFR 261.2(g).
[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.govinfo.gov.
Effective Date Note: At 84 FR 5938, Feb. 22, 2019, Sec. 261.4 was
amended by revising paragraph (a)(1)(ii), effective Aug. 21, 2019. For
the convenience of the user, the revised text is set forth as follows:
Sec. 261.4 Exclusions.
(a) * * *
(1) * * *
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly-owned treatment works for
treatment, except as prohibited by Sec. 266.505 and Clean Water Act
requirements at 40 CFR 403.5(b). ``Domestic sewage'' means untreated
sanitary wastes that pass through a sewer system.
Sec. 261.5 [Reserved]
Sec. 261.6 Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the
requirements for generators, transporters, and storage 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
[[Page 69]]
to the notification requirements of section 3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that exports
and imports of such recyclable materials must comply with the
requirements of 40 CFR part 262, subpart H.
(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 Sec. Sec.
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
(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 or imported for purpose of
recovery is subject to the requirements of 40 CFR part 262, subpart H.
(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).)
[[Page 70]]
(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.
(iv) Section 265.75 of this chapter (biennial reporting
requirements).
(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.govinfo.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 Sec. Sec.
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 Sec. Sec. 261.31 or 261.33(e)
is empty if:
(i) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or
manufacturing chemical intermediate;
(ii) The container or inner liner has been cleaned by another method
that has been shown in the scientific literature, or by tests conducted
by the generator, to achieve equivalent removal; or
(iii) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing chemical
intermediate with 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]
Effective Date Note: At 84 FR 5939, Feb. 22, 2019, Sec. 261.7 was
amended by adding paragraph (c), effective Aug. 21, 2019. For the
convenience of the user, the added text is set forth as follows:
Sec. 261.7 Residues of hazardous waste in empty containers.
* * * * *
(c) Containers of hazardous waste pharmaceuticals are subject to
Sec. 266.507 for determining when they are considered empty, in lieu of
this section, except as provided by Sec. 266.507(c) and (d).
[[Page 71]]
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.)
(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.
[[Page 72]]
(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 Sec. Sec.
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]
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
[[Page 73]]
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.
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
[[Page 74]]
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.
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
[[Page 75]]
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 Pentachlorophenol......... 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 Tetrachloroethyl ene...... 127-18-4 0.7
D015 Toxaphene................. 8001-35-2 0.5
D040 Trichloroethyl ene........ 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 Sec. Sec.
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 Sec. Sec. 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 Sec. Sec. 260.20 and
260.22 and listed in appendix IX.
------------------------------------------------------------------------
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.
[[Page 76]]
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.
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.).
[[Page 77]]
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.
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.
[[Page 78]]
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 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
[[Page 79]]
Finding Aids section of the printed volume and at www.govinfo.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 Sec. Sec. 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.
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.
[[Page 80]]
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.
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 Sec.
Sec. 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.
[[Page 81]]
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.
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).
[[Page 82]]
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 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
[[Page 83]]
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 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:
[[Page 84]]
(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 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.govinfo.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
[[Page 85]]
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 section, are identified as acute hazardous wastes
(H).
[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
[[Page 86]]
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.
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)-
[[Page 87]]
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.
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
[[Page 88]]
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-(methyl amino)-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-
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)
[[Page 89]]
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
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
[[Page 90]]
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
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-
[[Page 91]]
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
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
[[Page 92]]
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
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
[[Page 93]]
paragraphs (a) through (d) of this section, are identified as toxic
wastes (T) unless otherwise designated.
[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-
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)-
[[Page 94]]
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)
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-di chloro-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)
[[Page 95]]
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,6b
eta)-
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
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
[[Page 96]]
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
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)
[[Page 97]]
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-
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-
[[Page 98]]
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-
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
[[Page 99]]
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
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
[[Page 100]]
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
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)
[[Page 101]]
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
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
[[Page 102]]
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-
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-
[[Page 103]]
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
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-
[[Page 104]]
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
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)
[[Page 105]]
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
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-
[[Page 106]]
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
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-
[[Page 107]]
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.govinfo.gov.
Effective Date Note: At 84 FR 5939, Feb. 22, 2019, Sec. 261.33 was
amended by revising paragraph (c) and revising the four entries for
``P075'' in the table in paragraph (e), effective Aug. 21, 2019. For the
convenience of the user, the revised text is set forth as follows:
Sec. 261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
* * * * *
(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) or Sec. 266.507 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.]
---------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
---------------------------------------------------------------------------
* * * * *
(e) * * *
------------------------------------------------------------------------
Chemical
Hazardous waste No. abstracts No. Substance
------------------------------------------------------------------------
* * * * * * *
P075...................... \1\ 54-11-5 Nicotine, & salts (this
listing does not include
patches, gums and lozenges
that are FDA-approved over-
the-counter nicotine
replacement therapies).
[[Page 108]]
* * * * * * *
P075...................... \1\ 54-11-5 Pyridine, 3-(1-methyl-2-
pyrrolidinyl)-, (S)-, &
salts (this listing does
not include patches, gums
and lozenges that are FDA-
approved over-the-counter
nicotine replacement
therapies).
* * * * * * *
P075...................... \1\ 54-11-5 Nicotine, & salts (this
listing does not include
patches, gums and lozenges
that are FDA-approved over-
the-counter nicotine
replacement therapies).
* * * * * * *
P075...................... \1\ 54-11-5 Pyridine, 3-(1-methyl-2-
pyrrolidinyl)-, (S)-, &
salts (this listing does
not include patches, gums
and lozenges that are FDA-
approved over-the-counter
nicotine replacement
therapies).
* * * * * * *
------------------------------------------------------------------------
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.
(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.
[[Page 109]]
(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.
Sec. 261.38 [Reserved]
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
[[Page 110]]
(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:
(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 or recyclers and the
estimated quantity of used CRTs to be sent to each facility, as well as
the names of any alternate recyclers.
(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 must be submitted electronically using EPA's
Waste Import Export Tracking System (WIETS), or its successor system.
(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.
(v) The export of CRTs is prohibited unless all of the following
occur:
(A) 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.
(B) On or after the AES filing compliance date, the exporter or a
U.S. authorized agent must:
(1) Submit Electronic Export Information (EEI) for each shipment to
the Automated Export System (AES) or its successor system, under the
International Trade Data System (ITDS) platform, in accordance with 15
CFR 30.4(b).
(2) Include the following items in the EEI, along with the other
information required under 15 CFR 30.6:
(i) EPA license code;
(ii) Commodity classification code per 15 CFR 30.6(a)(12);
(iii) EPA consent number;
(iv) Country of ultimate destination per 15 CFR 30.6(a)(5);
(v) Date of export per 15 CFR 30.6(a)(2);
(vi) Quantity of waste in shipment and units for reported quantity,
if required reporting units established by value for the reported
commodity classification number are in units of weight or volume per 15
CFR 30.6(a)(15); or
(vii) EPA net quantity reported in units of kilograms, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
(vi) When the conditions specified on the original notification
change, the exporter must provide EPA with a written renotification of
the change using the allowable methods listed in
[[Page 111]]
paragraph (a)(5)(ii) of this section, 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 (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.
(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. Exporters may satisfy this recordkeeping
requirement by retaining electronically submitted notifications or
electronically generated Acknowledgements in the CRT exporter's account
on EPA's Waste Import Export Tracking System (WIETS), or its successor
system, provided that such copies are readily available for viewing and
production if requested by any EPA or authorized state inspector. No CRT
exporter may be held liable for the inability to produce a notification
or Acknowledgement for inspection under this section if the CRT exporter
can demonstrate that the inability to produce such copies are due
exclusively to technical difficulty with EPA's Waste Import Export
Tracking System (WIETS), or its successor system for which the CRT
exporter bears no responsibility.
(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) Prior to one year after the AES filing compliance date, annual
reports must be sent to the following mailing address: Office of Land
and Emergency Management, Office of Resource Conservation and Recovery,
Materials Recovery and Waste Management Division, International Branch
(Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460. Hand-delivered annual reports on used
CRTs exported during 2016 should be sent to: Office of Land and
Emergency Management, Office of Resource Conservation and Recovery,
Materials Recovery and Waste Management Division, International Branch
(Mail Code 2255A), Environmental Protection Agency, William Jefferson
Clinton South Building, Room 6144, 1200 Pennsylvania Ave. NW,
Washington, DC 20004. Subsequently, annual reports must be submitted to
the office listed using the allowable methods 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. Exporters
[[Page 112]]
may satisfy this recordkeeping requirement by retaining electronically
submitted annual reports in the CRT exporter's account on EPA's Waste
Import Export Tracking System (WIETS), or its successor system, provided
that a copy is readily available for viewing and production if requested
by any EPA or authorized state inspector. No CRT exporter may be held
liable for the inability to produce an annual report for inspection
under this section if the CRT exporter can demonstrate that the
inability to produce the annual report is due exclusively to technical
difficulty with EPA's Waste Import Export Tracking System (WIETS), or
its successor system for which the CRT exporter bears no responsibility.
(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.
[45 FR 33119, May 19, 1980, as amended at 79 FR 36231, June 26, 2014; 81
FR 85714, Nov. 28, 2016; 82 FR 60900, Dec. 26, 2017; 83 FR 38263, Aug.
6, 2018]
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) 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;
[[Page 113]]
(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 Land and Emergency Management, Office of
Resource Conservation and Recovery, Materials Recovery and Waste
Management Division, International Branch (Mail Code 2255A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460. Hand-delivered notifications should be sent to: Office of Land
and Emergency Management, Office of Resource Conservation and Recovery,
Materials Recovery and Waste Management Division, International Branch
(Mail Code 2255A), Environmental Protection Agency, William Jefferson
Clinton South 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.
[79 FR 36231, June 26, 2014, as amended at 83 FR 38263, Aug. 6, 2018]
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.
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
[[Page 114]]
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.
(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
[[Page 115]]
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 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
[[Page 116]]
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
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
[[Page 117]]
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.
(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).
[[Page 118]]
(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.
(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
[[Page 119]]
(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 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
[[Page 120]]
(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 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
[[Page 121]]
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 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
[[Page 122]]
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 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
[[Page 123]]
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.
Sec. Sec. 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 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
[[Page 124]]
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 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:
[[Page 125]]
(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
(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
[[Page 126]]
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
(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
[[Page 127]]
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
(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
[[Page 128]]
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 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.
[[Page 129]]
(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 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
[[Page 130]]
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 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
[[Page 131]]
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 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.
[[Page 132]]
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
(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.
[[Page 133]]
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.
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]
[[Page 134]]
(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,
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
[[Page 135]]
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 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''].
[[Page 136]]
(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 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
[[Page 137]]
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.) $____-
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 ____-
[[Page 138]]
*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 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
[[Page 139]]
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].
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) ____-.
[[Page 140]]
*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]_________________________________________________________________
[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
[[Page 141]]
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 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]___________________________________
[[Page 142]]
[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, 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
[[Page 143]]
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.
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
[[Page 144]]
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 ``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
[[Page 145]]
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, 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
[[Page 146]]
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 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
[[Page 147]]
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 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
[[Page 148]]
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:
(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];
[[Page 149]]
(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 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
[[Page 150]]
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 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
[[Page 151]]
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______________________________________________________________
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:
[[Page 152]]
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 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.
[[Page 153]]
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 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;
[[Page 154]]
(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 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
[[Page 155]]
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]
Subpart I_Use and Management of Containers
Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.
Sec. 261.170 Applicability.
This subpart applies to hazardous secondary materials excluded under
the remanufacturing exclusion at Sec. 261.4(a)(27) and stored in
containers.
Sec. 261.171 Condition of containers.
If a container holding hazardous secondary material is not in good
condition (e.g., severe rusting, apparent structural defects) or if it
begins to leak, the hazardous secondary material must be transferred
from this container to a container that is in good condition or managed
in some other way that complies with the requirements of this part.
Sec. 261.172 Compatibility of hazardous secondary materials with
containers.
The container must be made of or lined with materials which will not
react with, and are otherwise compatible with, the hazardous secondary
material to be stored, so that the ability of the container to contain
the material is not impaired.
Sec. 261.173 Management of containers.
(a) A container holding hazardous secondary material must always be
closed during storage, except when it is necessary to add or remove the
hazardous secondary material.
(b) A container holding hazardous secondary material must not be
opened, handled, or stored in a manner which may rupture the container
or cause it to leak.
Sec. 261.175 Containment.
(a) Container storage areas must have a containment system that is
designed and operated in accordance with paragraph (b) of this section.
[[Page 156]]
(b) A containment system must be designed and operated as follows:
(1) A base must underlie the containers which is free of cracks or
gaps and is sufficiently impervious to contain leaks, spills, and
accumulated precipitation until the collected material is detected and
removed;
(2) The base must be sloped or the containment system must be
otherwise designed and operated to drain and remove liquids resulting
from leaks, spills, or precipitation, unless the containers are elevated
or are otherwise protected from contact with accumulated liquids;
(3) The containment system must have sufficient capacity to contain
10% of the volume of containers or the volume of the largest container,
whichever is greater.
(4) Run-on into the containment system must be prevented unless the
collection system has sufficient excess capacity in addition to that
required in paragraph (b)(3) of this section to contain any run-on which
might enter the system; and
(5) Spilled or leaked material and accumulated precipitation must be
removed from the sump or collection area in as timely a manner as is
necessary to prevent overflow of the collection system.
Sec. 261.176 Special requirements for ignitable or reactive
hazardous secondary material.
Containers holding ignitable or reactive hazardous secondary
material must be located at least 15 meters (50 feet) from the
facility's property line.
Sec. 261.177 Special requirements for incompatible materials.
(a) Incompatible materials must not be placed in the same container.
(b) Hazardous secondary material must not be placed in an unwashed
container that previously held an incompatible material.
(c) A storage container holding a hazardous secondary material that
is incompatible with any other materials stored nearby must be separated
from the other materials or protected from them by means of a dike,
berm, wall, or other device.
Sec. 261.179 Air emission standards.
The remanufacturer or other person that stores or treats the
hazardous secondary material shall manage all hazardous secondary
material placed in a container in accordance with the applicable
requirements of subparts AA, BB, and CC of this part.
Subpart J_Tank Systems
Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.
Sec. 261.190 Applicability.
(a) The requirements of this subpart apply to tank systems for
storing or treating hazardous secondary material excluded under the
remanufacturing exclusion at Sec. 261.4(a)(27).
(b) Tank systems, including sumps, as defined in Sec. 260.10, that
serve as part of a secondary containment system to collect or contain
releases of hazardous secondary materials are exempted from the
requirements in Sec. 261.193(a).
Sec. 261.191 Assessment of existing tank system's integrity.
(a) Tank systems must meet the secondary containment requirements of
Sec. 261.193, or the remanufacturer or other person that handles the
hazardous secondary material must determine that the tank system is not
leaking or is unfit for use. Except as provided in paragraph (c) of this
section, a written assessment reviewed and certified by a qualified
Professional Engineer must be kept on file at the remanufacturer's
facility or other facility that stores or treats the hazardous secondary
material that attests to the tank system's integrity.
(b) This assessment must determine that the tank system is
adequately designed and has sufficient structural strength and
compatibility with the material(s) to be stored or treated, to ensure
that it will not collapse, rupture, or fail. At a minimum, this
assessment must consider the following:
(1) Design standard(s), if available, according to which the tank
and ancillary equipment were constructed;
(2) Hazardous characteristics of the material(s) that have been and
will be handled;
[[Page 157]]
(3) Existing corrosion protection measures;
(4) Documented age of the tank system, if available (otherwise, an
estimate of the age); and
(5) Results of a leak test, internal inspection, or other tank
integrity examination such that:
(i) For non-enterable underground tanks, the assessment must include
a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pockets, and high
water table effects, and
(ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must include either a leak test, as
described above, or other integrity examination that is certified by a
qualified Professional Engineer that addresses cracks, leaks, corrosion,
and erosion.
Note to paragraph (b)(5)(ii):
The practices described in the American Petroleum Institute (API)
Publication, Guide for Inspection of Refinery Equipment, Chapter XIII,
``Atmospheric and Low-Pressure Storage Tanks,'' 4th edition, 1981, may
be used, where applicable, as guidelines in conducting other than a leak
test.
(c) If, as a result of the assessment conducted in accordance with
paragraph (a) of this section, a tank system is found to be leaking or
unfit for use, the remanufacturer or other person that stores or treats
the hazardous secondary material must comply with the requirements of
Sec. 261.196.
Sec. 261.192 [Reserved]
Sec. 261.193 Containment and detection of releases.
(a) Secondary containment systems must be:
(1) Designed, installed, and operated to prevent any migration of
materials or accumulated liquid out of the system to the soil, ground
water, or surface water at any time during the use of the tank system;
and
(2) Capable of detecting and collecting releases and accumulated
liquids until the collected material is removed.
Note to paragraph (a):
If the collected material is a hazardous waste under part 261 of
this chapter, it is subject to management as a hazardous waste in
accordance with all applicable requirements of parts 262 through 265,
266, and 268 of this chapter. If the collected material is discharged
through a point source to waters of the United States, it is subject to
the requirements of sections 301, 304, and 402 of the Clean Water Act,
as amended. If discharged to a Publicly Owned Treatment Works (POTW), it
is subject to the requirements of section 307 of the Clean Water Act, as
amended. If the collected material is released to the environment, it
may be subject to the reporting requirements of 40 CFR part 302.
(b) To meet the requirements of paragraph (a) of this section,
secondary containment systems must be at a minimum:
(1) Constructed of or lined with materials that are compatible with
the materials(s) to be placed in the tank system and must have
sufficient strength and thickness to prevent failure owing to pressure
gradients (including static head and external hydrological forces),
physical contact with the material to which it is exposed, climatic
conditions, and the stress of daily operation (including stresses from
nearby vehicular traffic);
(2) Placed on a foundation or base capable of providing support to
the secondary containment system, resistance to pressure gradients above
and below the system, and capable of preventing failure due to
settlement, compression, or uplift;
(3) Provided with a leak-detection system that is designed and
operated so that it will detect the failure of either the primary or
secondary containment structure or the presence of any release of
hazardous secondary material or accumulated liquid in the secondary
containment system at the earliest practicable time; and
(4) Sloped or otherwise designed or operated to drain and remove
liquids resulting from leaks, spills, or precipitation. Spilled or
leaked material and accumulated precipitation must be removed from the
secondary containment system within 24 hours, or in as timely a manner
as is possible to prevent harm to human health and the environment.
(c) Secondary containment for tanks must include one or more of the
following devices:
(1) A liner (external to the tank);
[[Page 158]]
(2) A vault; or
(3) A double-walled tank.
(d) In addition to the requirements of paragraphs (a), (b), and (c)
of this section, secondary containment systems must satisfy the
following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
(ii) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps; and
(iv) Designed and installed to surround the tank completely and to
cover all surrounding earth likely to come into contact with the
material if the material is released from the tank(s) (i.e., capable of
preventing lateral as well as vertical migration of the material).
(2) Vault systems must be:
(i) Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
(ii) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant water stops in place at
all joints (if any);
(iv) Provided with an impermeable interior coating or lining that is
compatible with the stored material and that will prevent migration of
material into the concrete;
(v) Provided with a means to protect against the formation of and
ignition of vapors within the vault, if the material being stored or
treated is ignitable or reactive; and
(vi) Provided with an exterior moisture barrier or be otherwise
designed or operated to prevent migration of moisture into the vault if
the vault is subject to hydraulic pressure.
(3) Double-walled tanks must be:
(i) Designed as an integral structure (i.e., an inner tank
completely enveloped within an outer shell) so that any release from the
inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from both corrosion of the
primary tank interior and of the external surface of the outer shell;
and
(iii) Provided with a built-in continuous leak detection system
capable of detecting a release within 24 hours, or at the earliest
practicable time.
Note to paragraph (d)(3):
The provisions outlined in the Steel Tank Institute's (STI)
``Standard for Dual Wall Underground Steel Storage Tanks'' may be used
as guidelines for aspects of the design of underground steel double-
walled tanks.
(e) [Reserved]
(f) Ancillary equipment must be provided with secondary containment
(e.g., trench, jacketing, double-walled piping) that meets the
requirements of paragraphs (a) and (b) of this section except for:
(1) Aboveground piping (exclusive of flanges, joints, valves, and
other connections) that are visually inspected for leaks on a daily
basis;
(2) Welded flanges, welded joints, and welded connections that are
visually inspected for leaks on a daily basis;
(3) Sealless or magnetic coupling pumps and sealless valves that are
visually inspected for leaks on a daily basis; and
(4) Pressurized aboveground piping systems with automatic shut-off
devices (e.g., excess flow check valves, flow metering shutdown devices,
loss of pressure actuated shut-off devices) that are visually inspected
for leaks on a daily basis.
Sec. 261.194 General operating requirements.
(a) Hazardous secondary materials or treatment reagents must not be
placed in a tank system if they could cause the tank, its ancillary
equipment, or the containment system to rupture, leak, corrode, or
otherwise fail.
(b) The remanufacturer or other person that stores or treats the
hazardous
[[Page 159]]
secondary material must use appropriate controls and practices to
prevent spills and overflows from tank or containment systems. These
include at a minimum:
(1) Spill prevention controls (e.g., check valves, dry disconnect
couplings);
(2) Overfill prevention controls (e.g., level sensing devices, high
level alarms, automatic feed cutoff, or bypass to a standby tank); and
(3) Maintenance of sufficient freeboard in uncovered tanks to
prevent overtopping by wave or wind action or by precipitation.
(c) The remanufacturer or other person that stores or treats the
hazardous secondary material must comply with the requirements of Sec.
261.196 of this subpart if a leak or spill occurs in the tank system.
Sec. 261.195 [Reserved]
Sec. 261.196 Response to leaks or spills and disposition of leaking
or unfit-for-use tank systems.
A tank system or secondary containment system from which there has
been a leak or spill, or which is unfit for use, must be removed from
service immediately, and the remanufacturer or other person that stores
or treats the hazardous secondary material must satisfy the following
requirements:
(a) Cessation of use; prevent flow or addition of materials. The
remanufacturer or other person that stores or treats the hazardous
secondary material must immediately stop the flow of hazardous secondary
material into the tank system or secondary containment system and
inspect the system to determine the cause of the release.
(b) Removal of material from tank system or secondary containment
system. (1) If the release was from the tank system, the remanufacturer
or other person that stores or treats the hazardous secondary material
must, within 24 hours after detection of the leak or, if the
remanufacturer or other person that stores or treats the hazardous
secondary material demonstrates that it is not possible, at the earliest
practicable time, remove as much of the material as is necessary to
prevent further release of hazardous secondary material to the
environment and to allow inspection and repair of the tank system to be
performed.
(2) If the material released was to a secondary containment system,
all released materials must be removed within 24 hours or in as timely a
manner as is possible to prevent harm to human health and the
environment.
(c) Containment of visible releases to the environment. The
remanufacturer or other person that stores or treats the hazardous
secondary material must immediately conduct a visual inspection of the
release and, based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or
surface water; and
(2) Remove, and properly dispose of, any visible contamination of
the soil or surface water.
(d) Notifications, reports. (1) Any release to the environment,
except as provided in paragraph (d)(2) of this section, must be reported
to the Regional Administrator within 24 hours of its detection. If the
release has been reported pursuant to 40 CFR part 302, that report will
satisfy this requirement.
(2) A leak or spill of hazardous secondary material is exempted from
the requirements of this paragraph if it is:
(i) Less than or equal to a quantity of 1 pound, and
(ii) Immediately contained and cleaned up.
(3) Within 30 days of detection of a release to the environment, a
report containing the following information must be submitted to the
Regional Administrator:
(i) Likely route of migration of the release;
(ii) Characteristics of the surrounding soil (soil composition,
geology, hydrogeology, climate);
(iii) Results of any monitoring or sampling conducted in connection
with the release (if available). If sampling or monitoring data relating
to the release are not available within 30 days, these data must be
submitted to the Regional Administrator as soon as they become
available.
(iv) Proximity to downgradient drinking water, surface water, and
populated areas; and
[[Page 160]]
(v) Description of response actions taken or planned.
(e) Provision of secondary containment, repair, or closure. (1)
Unless the remanufacturer or other person that stores or treats the
hazardous secondary material satisfies the requirements of paragraphs
(e)(2) through (4) of this section, the tank system must cease to
operate under the remanufacturing exclusion at 40 CFR 261.4(a)(27).
(2) If the cause of the release was a spill that has not damaged the
integrity of the system, the remanufacturer or other person that stores
or treats the hazardous secondary material may return the system to
service as soon as the released material is removed and repairs, if
necessary, are made.
(3) If the cause of the release was a leak from the primary tank
system into the secondary containment system, the system must be
repaired prior to returning the tank system to service.
(4) If the source of the release was a leak to the environment from
a component of a tank system without secondary containment, the
remanufacturer or other person that stores or treats the hazardous
secondary material must provide the component of the system from which
the leak occurred with secondary containment that satisfies the
requirements of Sec. 261.193 before it can be returned to service,
unless the source of the leak is an aboveground portion of a tank system
that can be inspected visually. If the source is an aboveground
component that can be inspected visually, the component must be repaired
and may be returned to service without secondary containment as long as
the requirements of paragraph (f) of this section are satisfied.
Additionally, if a leak has occurred in any portion of a tank system
component that is not readily accessible for visual inspection (e.g.,
the bottom of an inground or onground tank), the entire component must
be provided with secondary containment in accordance with Sec. 261.193
of this subpart prior to being returned to use.
(f) Certification of major repairs. If the remanufacturer or other
person that stores or treats the hazardous secondary material has
repaired a tank system in accordance with paragraph (e) of this section,
and the repair has been extensive (e.g., installation of an internal
liner; repair of a ruptured primary containment or secondary containment
vessel), the tank system must not be returned to service unless the
remanufacturer or other person that stores or treats the hazardous
secondary material has obtained a certification by a qualified
Professional Engineer that the repaired system is capable of handling
hazardous secondary materials without release for the intended life of
the system. This certification must be kept on file at the facility and
maintained until closure of the facility.
Note 1 to Sec. 261.196: The Regional Administrator may, on the
basis of any information received that there is or has been a release of
hazardous secondary material or hazardous constituents into the
environment, issue an order under RCRA section 7003(a) requiring
corrective action or such other response as deemed necessary to protect
human health or the environment.
Note 2 to Sec. 261.196: 40 CFR part 302 may require the owner or
operator to notify the National Response Center of certain releases.
Sec. 261.197 Termination of remanufacturing exclusion.
Hazardous secondary material stored in units more than 90 days after
the unit ceases to operate under the remanufacturing exclusion at 40 CFR
261.4(a)(27) or otherwise ceases to be operated for manufacturing, or
for storage of a product or a raw material, then becomes subject to
regulation as hazardous waste under parts 261 through 266, 268, 270,
271, and 124 of this chapter, as applicable.
Sec. 261.198 Special requirements for ignitable or reactive materials.
(a) Ignitable or reactive material must not be placed in tank
systems, unless the material is stored or treated in such a way that it
is protected from any material or conditions that may cause the material
to ignite or react.
(b) The remanufacturer or other person that stores or treats
hazardous secondary material which is ignitable or reactive must store
or treat the hazardous secondary material in a tank that is in
compliance with the requirements for the maintenance of protective
distances between the material
[[Page 161]]
management area and any public ways, streets, alleys, or an adjoining
property line that can be built upon as required in Tables 2-1 through
2-6 of the National Fire Protection Association's ``Flammable and
Combustible Liquids Code,'' (1977 or 1981), (incorporated by reference,
see Sec. 260.11).
Sec. 261.199 Special requirements for incompatible materials.
(a) Incompatible materials must not be placed in the same tank
system.
(b) Hazardous secondary material must not be placed in a tank system
that has not been decontaminated and that previously held an
incompatible material.
Sec. 261.200 Air emission standards.
The remanufacturer or other person that stores or treats the
hazardous secondary material shall manage all hazardous secondary
material placed in a tank in accordance with the applicable requirements
of subparts AA, BB, and CC of this part.
Subparts K-L [Reserved]
Subpart M_Emergency Preparedness and Response for Management of Excluded
Hazardous Secondary Materials
Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.
Sec. 261.400 Applicability.
The requirements of this subpart apply to those areas of an entity
managing hazardous secondary materials excluded under Sec. 261.4(a)(23)
and/or (24) where hazardous secondary materials are generated or
accumulated on site.
(a) A generator of hazardous secondary material, or an intermediate
or reclamation facility operating under a verified recycler variance
under Sec. 260.31(d), that accumulates 6000 kg or less of hazardous
secondary material at any time must comply with Sec. Sec. 261.410 and
261.411.
(b) A generator of hazardous secondary material, or an intermediate
or reclamation facility operating under a verified recycler variance
under Sec. 260.31(d) that accumulates more than 6000 kg of hazardous
secondary material at any time must comply with Sec. Sec. 261.410 and
261.420.
Sec. 261.410 Preparedness and prevention.
(a) Maintenance and operation of facility. Facilities generating or
accumulating hazardous secondary material must be maintained and
operated to minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of hazardous secondary materials
or hazardous secondary material constituents to air, soil, or surface
water which could threaten human health or the environment.
(b) Required equipment. All facilities generating or accumulating
hazardous secondary material must be equipped with the following, unless
none of the hazards posed by hazardous secondary material handled at the
facility could require a particular kind of equipment specified below:
(1) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel;
(2) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments, or
state or local emergency response teams;
(3) 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
(4) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
(c) 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.
(d) Access to communications or alarm system. (1) Whenever hazardous
secondary material is being poured,
[[Page 162]]
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 such a device is not required under
paragraph (b) of this section.
(2) 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 such a device is not required under paragraph (b) of
this section.
(e) Required aisle space. The hazardous secondary material generator
or intermediate or reclamation facility operating under a verified
recycler variance under Sec. 260.31(d) 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 aisle space is not needed for
any of these purposes.
(f) Arrangements with local authorities. (1) The hazardous secondary
material generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec. 260.31(d) 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:
(i) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous secondary material handled at the facility and associated
hazards, places where facility personnel would normally be working,
entrances to roads inside the facility, and possible evacuation routes;
(ii) 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;
(iii) Agreements with state emergency response teams, emergency
response contractors, and equipment suppliers; and
(iv) 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.
(2) Where state or local authorities decline to enter into such
arrangements, the hazardous secondary material generator or an
intermediate or reclamation facility operating under a verified recycler
variance under Sec. 260.31(d) must document the refusal in the
operating record.
Sec. 261.411 Emergency procedures for facilities generating or
accumulating 6000 kg or less of hazardous secondary material.
A generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec. 260.31(d) that generates
or accumulates 6000 kg or less of hazardous secondary material must
comply with the following requirements:
(a) 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) of this section. This employee is the
emergency coordinator.
(b) The generator or intermediate or reclamation facility operating
under a verified recycler variance under Sec. 260.31(d) must post the
following information next to the telephone:
(1) The name and telephone number of the emergency coordinator;
(2) Location of fire extinguishers and spill control material, and,
if present, fire alarm; and
(3) The telephone number of the fire department, unless the facility
has a direct alarm.
(c) The generator or an intermediate or reclamation facility
operating under a verified recycler variance under Sec. 260.31(d) must
ensure that all employees are thoroughly familiar with proper
[[Page 163]]
waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies;
(d) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
(1) In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
(2) 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;
(3) In the event of a fire, explosion, or other release which could
threaten human health outside the facility or when the generator or an
intermediate or reclamation facility operating under a verified recycler
variance under Sec. 260.31(d) has knowledge that a spill has reached
surface water, the generator or an intermediate or reclamation facility
operating under a verified recycler variance under Sec. 260.31(d) must
immediately notify the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include the following
information:
(i) The name, address, and U.S. EPA Identification Number of the
facility;
(ii) Date, time, and type of incident (e.g., spill or fire);
(iii) Quantity and type of hazardous waste involved in the incident;
(iv) Extent of injuries, if any; and
(v) Estimated quantity and disposition of recovered materials, if
any.
Sec. 261.420 Contingency planning and emergency procedures for
facilities generating or accumulating more than 6000 kg of hazardous
secondary material.
A generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec. 260.31(d) that generates
or accumulates more than 6000 kg of hazardous secondary material must
comply with the following requirements:
(a) Purpose and implementation of contingency plan. (1) Each
generator or an intermediate or reclamation facility operating under a
verified recycler variance under Sec. 260.31(d) that accumulates more
than 6000 kg of hazardous secondary material 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 secondary
material or hazardous secondary material constituents to air, soil, or
surface water.
(2) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous secondary
material or hazardous secondary material constituents which could
threaten human health or the environment.
(b) Content of contingency plan. (1) The contingency plan must
describe the actions facility personnel must take to comply with
paragraphs (a) and (f) in response to fires, explosions, or any
unplanned sudden or non-sudden release of hazardous secondary material
or hazardous secondary material constituents to air, soil, or surface
water at the facility.
(2) If the generator or an intermediate or reclamation facility
operating under a verified recycler variance under Sec. 260.31(d)
accumulating more than 6000 kg of hazardous secondary material 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 hazardous secondary
material generator or an intermediate or reclamation facility operating
under a verified recycler variance under Sec. 260.31(d) 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.
(3) The plan must describe arrangements agreed to by local police
departments, fire departments, hospitals,
[[Page 164]]
contractors, and State and local emergency response teams to coordinate
emergency services, pursuant to Sec. 262.410(f).
(4) The plan must list names, addresses, and phone numbers (office
and home) of all persons qualified to act as emergency coordinator (see
paragraph (e) of this section), 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.
(5) 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.
(6) 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).
(c) Copies of contingency plan. A copy of the contingency plan and
all revisions to the plan must be:
(1) Maintained at the facility; and
(2) 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.
(d) Amendment of contingency plan. The contingency plan must be
reviewed, and immediately amended, if necessary, whenever:
(1) Applicable regulations are revised;
(2) The plan fails in an emergency;
(3) 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 secondary
material or hazardous secondary material constituents, or changes the
response necessary in an emergency;
(4) The list of emergency coordinators changes; or
(5) The list of emergency equipment changes.
(e) 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. The
emergency coordinator's responsibilities are more fully spelled out in
paragraph (f). Applicable responsibilities for the emergency coordinator
vary, depending on factors such as type and variety of hazardous
secondary material(s) handled by the facility, and type and complexity
of the facility.
(f) Emergency procedures. (1) Whenever there is an imminent or
actual emergency situation, the emergency coordinator (or his designee
when the emergency coordinator is on call) must immediately:
(i) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
(ii) Notify appropriate State or local agencies with designated
response roles if their help is needed.
(2) 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.
(3) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire,
[[Page 165]]
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-offs from water or chemical
agents used to control fire and heat-induced explosions).
(4) 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:
(i) 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
(ii) 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:
(A) Name and telephone number of reporter;
(B) Name and address of facility;
(C) Time and type of incident (e.g., release, fire);
(D) Name and quantity of material(s) involved, to the extent known;
(E) The extent of injuries, if any; and
(F) The possible hazards to human health, or the environment,
outside the facility.
(5) 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 secondary
material at the facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing released
material, and removing or isolating containers.
(6) 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.
(7) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered secondary
material, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility. Unless the
hazardous secondary material generator 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 265 of this chapter.
(8) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
(i) No secondary material that may be incompatible with the released
material is treated, stored, or disposed of until cleanup procedures are
completed; and
(ii) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
(9) The hazardous secondary material generator 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:
(i) Name, address, and telephone number of the hazardous secondary
material generator;
(ii) Name, address, and telephone number of the facility;
(iii) Date, time, and type of incident (e.g., fire, explosion);
(iv) Name and quantity of material(s) involved;
(v) The extent of injuries, if any;
(vi) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
(vii) Estimated quantity and disposition of recovered material that
resulted from the incident.
[[Page 166]]
(g) Personnel training. All employees must be thoroughly familiar
with proper waste handling and emergency procedures relevant to their
responsibilities during normal facility operations and emergencies.
[80 FR 1777, Jan. 13, 2015, as amended at 81 FR 85806, Nov. 28, 2016]
Subparts N-Z [Reserved]
Subpart AA_Air Emission Standards for Process Vents
Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.
Sec. 261.1030 Applicability.
The regulations in this subpart apply to process vents associated
with distillation, fractionation, thin-film evaporation, solvent
extraction, or air or stream stripping operations that manage hazardous
secondary materials excluded under the remanufacturing exclusion at
Sec. 261.4(a)(27) with concentrations of at least 10 ppmw, unless the
process vents are equipped with operating air emission controls in
accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63.
Sec. 261.1031 Definitions.
As used in this subpart, all terms not defined herein shall have the
meaning given them in the Resource Conservation and Recovery Act and
parts 260-266.
Air stripping operation is a desorption operation employed to
transfer one or more volatile components from a liquid mixture into a
gas (air) either with or without the application of heat to the liquid.
Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate
towers are among the process configurations used for contacting the air
and a liquid.
Bottoms receiver means a container or tank used to receive and
collect the heavier bottoms fractions of the distillation feed stream
that remain in the liquid phase.
Closed-vent system means a system that is not open to the atmosphere
and that is composed of piping, connections, and, if necessary, flow-
inducing devices that transport gas or vapor from a piece or pieces of
equipment to a control device.
Condenser means a heat-transfer device that reduces a thermodynamic
fluid from its vapor phase to its liquid phase.
Connector means flanged, screwed, welded, or other joined fittings
used to connect two pipelines or a pipeline and a piece of equipment.
For the purposes of reporting and recordkeeping, connector means flanged
fittings that are not covered by insulation or other materials that
prevent location of the fittings.
Continuous recorder means a data-recording device recording an
instantaneous data value at least once every 15 minutes.
Control device means an enclosed combustion device, vapor recovery
system, or flare. Any device the primary function of which is the
recovery or capture of solvents or other organics for use, reuse, or
sale (e.g., a primary condenser on a solvent recovery unit) is not a
control device.
Control device shutdown means the cessation of operation of a
control device for any purpose.
Distillate receiver means a container or tank used to receive and
collect liquid material (condensed) from the overhead condenser of a
distillation unit and from which the condensed liquid is pumped to
larger storage tanks or other process units.
Distillation operation means an operation, either batch or
continuous, separating one or more feed stream(s) into two or more exit
streams, each exit stream having component concentrations different from
those in the feed stream(s). The separation is achieved by the
redistribution of the components between the liquid and vapor phase as
they approach equilibrium within the distillation unit.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
Equipment means each valve, pump, compressor, pressure relief
device, sampling connection system, open-ended valve or line, or flange
or other
[[Page 167]]
connector, and any control devices or systems required by this subpart.
Flame zone means the portion of the combustion chamber in a boiler
occupied by the flame envelope.
Flow indicator means a device that indicates whether gas flow is
present in a vent stream.
First attempt at repair means to take rapid action for the purpose
of stopping or reducing leakage of organic material to the atmosphere
using best practices.
Fractionation operation means a distillation operation or method
used to separate a mixture of several volatile components of different
boiling points in successive stages, each stage removing from the
mixture some proportion of one of the components.
Hazardous secondary material management unit shutdown means a work
practice or operational procedure that stops operation of a hazardous
secondary material management unit or part of a hazardous secondary
material management unit. An unscheduled work practice or operational
procedure that stops operation of a hazardous secondary material
management unit or part of a hazardous secondary material management
unit for less than 24 hours is not a hazardous secondary material
management unit shutdown. The use of spare equipment and technically
feasible bypassing of equipment without stopping operation are not
hazardous secondary material management unit shutdowns.
Hot well means a container for collecting condensate as in a steam
condenser serving a vacuum-jet or steam-jet ejector.
In gas/vapor service means that the piece of equipment contains or
contacts a hazardous secondary material stream that is in the gaseous
state at operating conditions.
In heavy liquid service means that the piece of equipment is not in
gas/vapor service or in light liquid service.
In light liquid service means that the piece of equipment contains
or contacts a material stream where the vapor pressure of one or more of
the organic components in the stream is greater than 0.3 kilopascals
(kPa) at 20 [deg]C, the total concentration of the pure organic
components having a vapor pressure greater than 0.3 kilopascals (kPa) at
20 [deg]C is equal to or greater than 20 percent by weight, and the
fluid is a liquid at operating conditions.
In situ sampling systems means nonextractive samplers or in-line
samplers.
In vacuum service means that equipment is operating at an internal
pressure that is at least 5 kPa below ambient pressure.
Malfunction means any sudden failure of a control device or a
hazardous secondary material management unit or failure of a hazardous
secondary material management unit to operate in a normal or usual
manner, so that organic emissions are increased.
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with hazardous
secondary material and one side open to the atmosphere, either directly
or through open piping.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device.
Process heater means a device that transfers heat liberated by
burning fuel to fluids contained in tubes, including all fluids except
water that are heated to produce steam.
Process vent means any open-ended pipe or stack that is vented to
the atmosphere either directly, through a vacuum-producing system, or
through a tank (e.g., distillate receiver, condenser, bottoms receiver,
surge control tank, separator tank, or hot well) associated with
hazardous secondary material distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operations.
Repaired means that equipment is adjusted, or otherwise altered, to
eliminate a leak.
Sampling connection system means an assembly of equipment within a
process or material management unit used during periods of
representative operation to take samples of the process or material
fluid. Equipment used to take non-routine grab samples is not considered
a sampling connection system.
Sensor means a device that measures a physical quantity or the
change in a
[[Page 168]]
physical quantity, such as temperature, pressure, flow rate, pH, or
liquid level.
Separator tank means a device used for separation of two immiscible
liquids.
Solvent extraction operation means an operation or method of
separation in which a solid or solution is contacted with a liquid
solvent (the two being mutually insoluble) to preferentially dissolve
and transfer one or more components into the solvent.
Startup means the setting in operation of a hazardous secondary
material management unit or control device for any purpose.
Steam stripping operation means a distillation operation in which
vaporization of the volatile constituents of a liquid mixture takes
place by the introduction of steam directly into the charge.
Surge control tank means a large-sized pipe or storage reservoir
sufficient to contain the surging liquid discharge of the process tank
to which it is connected.
Thin-film evaporation operation means a distillation operation that
employs a heating surface consisting of a large diameter tube that may
be either straight or tapered, horizontal or vertical. Liquid is spread
on the tube wall by a rotating assembly of blades that maintain a close
clearance from the wall or actually ride on the film of liquid on the
wall.
Vapor incinerator means any enclosed combustion device that is used
for destroying organic compounds and does not extract energy in the form
of steam or process heat.
Vented means discharged through an opening, typically an open-ended
pipe or stack, allowing the passage of a stream of liquids, gases, or
fumes into the atmosphere. The passage of liquids, gases, or fumes is
caused by mechanical means such as compressors or vacuum-producing
systems or by process-related means such as evaporation produced by
heating and not caused by tank loading and unloading (working losses) or
by natural means such as diurnal temperature changes.
Sec. 261.1032 Standards: Process vents.
(a) The remanufacturer or other person that stores or treats
hazardous secondary materials in hazardous secondary material management
units with process vents associated with distillation, fractionation,
thin-film evaporation, solvent extraction, or air or steam stripping
operations managing hazardous secondary material with organic
concentrations of at least 10 ppmw shall either:
(1) Reduce total organic emissions from all affected process vents
at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
(2) Reduce, by use of a control device, total organic emissions from
all affected process vents at the facility by 95 weight percent.
(b) If the remanufacturer or other person that stores or treats the
hazardous secondary material installs a closed-vent system and control
device to comply with the provisions of paragraph (a) of this section
the closed-vent system and control device must meet the requirements of
Sec. 261.1033.
(c) Determinations of vent emissions and emission reductions or
total organic compound concentrations achieved by add-on control devices
may be based on engineering calculations or performance tests. If
performance tests are used to determine vent emissions, emission
reductions, or total organic compound concentrations achieved by add-on
control devices, the performance tests must conform with the
requirements of Sec. 261.1034(c).
(d) When a remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not agree
on determinations of vent emissions and/or emission reductions or total
organic compound concentrations achieved by add-on control devices based
on engineering calculations, the procedures in Sec. 261.1034(c) shall
be used to resolve the disagreement.
Sec. 261.1033 Standards: Closed-vent systems and control devices.
(a)(1) The remanufacturer or other person that stores or treats the
hazardous secondary materials in hazardous secondary material management
units using closed-vent systems
[[Page 169]]
and control devices used to comply with provisions of this part shall
comply with the provisions of this section.
(2) [Reserved]
(b) A control device involving vapor recovery (e.g., a condenser or
adsorber) shall be designed and operated to recover the organic vapors
vented to it with an efficiency of 95 weight percent or greater unless
the total organic emission limits of Sec. 261.1032(a)(1) for all
affected process vents can be attained at an efficiency less than 95
weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator,
boiler, or process heater) shall be designed and operated to reduce the
organic emissions vented to it by 95 weight percent or greater; to
achieve a total organic compound concentration of 20 ppmv, expressed as
the sum of the actual compounds, not carbon equivalents, on a dry basis
corrected to 3 percent oxygen; or to provide a minimum residence time of
0.50 seconds at a minimum temperature of 760 [deg]C. If a boiler or
process heater is used as the control device, then the vent stream shall
be introduced into the flame zone of the boiler or process heater.
(d)(1) A flare shall be designed for and operated with no visible
emissions as determined by the methods specified in paragraph (e)(1) of
this section, except for periods not to exceed a total of 5 minutes
during any 2 consecutive hours.
(2) A flare shall be operated with a flame present at all times, as
determined by the methods specified in paragraph (f)(2)(iii) of this
section.
(3) A flare shall be used only if the net heating value of the gas
being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is
steam-assisted or air-assisted; or if the net heating value of the gas
being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is
nonassisted. The net heating value of the gas being combusted shall be
determined by the methods specified in paragraph (e)(2) of this section.
(4)(i) A steam-assisted or nonassisted flare shall be designed for
and operated with an exit velocity, as determined by the methods
specified in paragraph (e)(3) of this section, less than 18.3 m/s (60
ft/s), except as provided in paragraphs (d)(4)(ii) and (iii) of this
section.
(ii) A steam-assisted or nonassisted flare designed for and operated
with an exit velocity, as determined by the methods specified in
paragraph (e)(3) of this section, equal to or greater than 18.3 m/s (60
ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating
value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/
scf).
(iii) A steam-assisted or nonassisted flare designed for and
operated with an exit velocity, as determined by the methods specified
in paragraph (e)(3) of this section, less than the velocity,
Vmax, as determined by the method specified in paragraph
(e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an
exit velocity less than the velocity, Vmax, as determined by
the method specified in paragraph (e)(5) of this section.
(6) A flare used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
(e)(1) Reference Method 22 in 40 CFR part 60 shall be used to
determine the compliance of a flare with the visible emission provisions
of this subpart. The observation period is 2 hours and shall be used
according to Method 22.
(2) The net heating value of the gas being combusted in a flare
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JA15.000
Where:
HT = Net heating value of the sample, MJ/scm; where the net
enthalpy per mole of offgas is based on combustion at 25
[deg]C
[[Page 170]]
and 760 mm Hg, but the standard temperature for determining
the volume corresponding to 1 mol is 20 [deg]C;
K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where
standard temperature for (g mol/scm) is 20 [deg]C;
Ci = Concentration of sample component i in ppm on a wet
basis, as measured for organics by Reference Method 18 in 40
CFR part 60 and measured for hydrogen and carbon monoxide by
ASTM D 1946-82 (incorporated by reference as specified in
Sec. 260.11); and
Hi = Net heat of combustion of sample component i, kcal/9 mol
at 25 [deg]C and 760 mm Hg. The heats of combustion may be
determined using ASTM D 2382-83 (incorporated by reference as
specified in Sec. 260.11) if published values are not
available or cannot be calculated.
(3) The actual exit velocity of a flare shall be determined by
dividing the volumetric flow rate (in units of standard temperature and
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR
part 60 as appropriate, by the unobstructed (free) cross-sectional area
of the flare tip.
(4) The maximum allowed velocity in m/s, Vmax, for a
flare complying with paragraph (d)(4)(iii) of this section shall be
determined by the following equation:
Log10(Vmax) = (HT + 28.8)/31.7
Where:
28.8 = Constant,
31.7 = Constant,
HT = The net heating value as determined in paragraph (e)(2)
of this section.
(5) The maximum allowed velocity in m/s, Vmax, for an
air-assisted flare shall be determined by the following equation:
Vmax = 8.706 + 0.7084 (HT)
Where:
8.706 = Constant,
0.7084 = Constant,
HT = The net heating value as determined in paragraph (e)(2)
of this section.
(f) The remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor and inspect each control
device required to comply with this section to ensure proper operation
and maintenance of the control device by implementing the following
requirements:
(1) Install, calibrate, maintain, and operate according to the
manufacturer's specifications a flow indicator that provides a record of
vent stream flow from each affected process vent to the control device
at least once every hour. The flow indicator sensor shall be installed
in the vent stream at the nearest feasible point to the control device
inlet but before the point at which the vent streams are combined.
(2) Install, calibrate, maintain, and operate according to the
manufacturer's specifications a device to continuously monitor control
device operation as specified below:
(i) For a thermal vapor incinerator, a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy
of 1 percent of the temperature being monitored in
[deg]C or 0.5 [deg]C, whichever is greater. The
temperature sensor shall be installed at a location in the combustion
chamber downstream of the combustion zone.
(ii) For a catalytic vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The device shall be capable
of monitoring temperature at two locations and have an accuracy of
1 percent of the temperature being monitored in
[deg]C or 0.5 [deg]C, whichever is greater. One
temperature sensor shall be installed in the vent stream at the nearest
feasible point to the catalyst bed inlet and a second temperature sensor
shall be installed in the vent stream at the nearest feasible point to
the catalyst bed outlet.
(iii) For a flare, a heat sensing monitoring device equipped with a
continuous recorder that indicates the continuous ignition of the pilot
flame.
(iv) For a boiler or process heater having a design heat input
capacity less than 44 MW, a temperature monitoring device equipped with
a continuous recorder. The device shall have an accuracy of 1 percent of the temperature being monitored in [deg]C
or 0.5 [deg]C, whichever is greater. The
temperature sensor shall be installed at a location in the furnace
downstream of the combustion zone.
[[Page 171]]
(v) For a boiler or process heater having a design heat input
capacity greater than or equal to 44 MW, a monitoring device equipped
with a continuous recorder to measure a parameter(s) that indicates good
combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a continuous recorder to
measure the concentration level of the organic compounds in the exhaust
vent stream from the condenser, or
(B) A temperature monitoring device equipped with a continuous
recorder. The device shall be capable of monitoring temperature with an
accuracy of 1 percent of the temperature being
monitored in degrees Celsius ( [deg]C) or 0.5
[deg]C, whichever is greater. The temperature sensor shall be installed
at a location in the exhaust vent stream from the condenser exit (i.e.,
product side).
(vii) For a carbon adsorption system that regenerates the carbon bed
directly in the control device such as a fixed-bed carbon adsorber,
either:
(A) A monitoring device equipped with a continuous recorder to
measure the concentration level of the organic compounds in the exhaust
vent stream from the carbon bed, or
(B) A monitoring device equipped with a continuous recorder to
measure a parameter that indicates the carbon bed is regenerated on a
regular, predetermined time cycle.
(3) Inspect the readings from each monitoring device required by
paragraphs (f)(1) and (2) of this section at least once each operating
day to check control device operation and, if necessary, immediately
implement the corrective measures necessary to ensure the control device
operates in compliance with the requirements of this section.
(g) A remanufacturer or other person that stores or treats hazardous
secondary material in a hazardous secondary material management unit
using a carbon adsorption system such as a fixed-bed carbon adsorber
that regenerates the carbon bed directly onsite in the control device
shall replace the existing carbon in the control device with fresh
carbon at a regular, predetermined time interval that is no longer than
the carbon service life established as a requirement of Sec.
261.1035(b)(4)(iii)(F).
(h) A remanufacturer or other person that stores or treats hazardous
secondary material in a hazardous secondary material management unit
using a carbon adsorption system such as a carbon canister that does not
regenerate the carbon bed directly onsite in the control device shall
replace the existing carbon in the control device with fresh carbon on a
regular basis by using one of the following procedures:
(1) Monitor the concentration level of the organic compounds in the
exhaust vent stream from the carbon adsorption system on a regular
schedule, and replace the existing carbon with fresh carbon immediately
when carbon breakthrough is indicated. The monitoring frequency shall be
daily or at an interval no greater than 20 percent of the time required
to consume the total carbon working capacity established as a
requirement of Sec. 261.1035(b)(4)(iii)(G), whichever is longer.
(2) Replace the existing carbon with fresh carbon at a regular,
predetermined time interval that is less than the design carbon
replacement interval established as a requirement of Sec.
261.1035(b)(4)(iii)(G).
(i) An alternative operational or process parameter may be monitored
if it can be demonstrated that another parameter will ensure that the
control device is operated in conformance with these standards and the
control device's design specifications.
(j) A remanufacturer or other person that stores or treats hazardous
secondary material at an affected facility seeking to comply with the
provisions of this part by using a control device other than a thermal
vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system is required to develop
documentation including sufficient information to describe the control
device operation and identify the process parameter or parameters that
indicate proper operation and maintenance of the control device.
(k) A closed-vent system shall meet either of the following design
requirements:
[[Page 172]]
(1) A closed-vent system shall be designed to operate with no
detectable emissions, as indicated by an instrument reading of less than
500 ppmv above background as determined by the procedure in Sec.
261.1034(b) of this subpart, and by visual inspections; or
(2) A closed-vent system shall be designed to operate at a pressure
below atmospheric pressure. The system shall be equipped with at least
one pressure gauge or other pressure measurement device that can be read
from a readily accessible location to verify that negative pressure is
being maintained in the closed-vent system when the control device is
operating.
(l) The remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor and inspect each closed-vent
system required to comply with this section to ensure proper operation
and maintenance of the closed-vent system by implementing the following
requirements:
(1) Each closed-vent system that is used to comply with paragraph
(k)(1) of this section shall be inspected and monitored in accordance
with the following requirements:
(i) An initial leak detection monitoring of the closed-vent system
shall be conducted by the remanufacturer or other person that stores or
treats the hazardous secondary material on or before the date that the
system becomes subject to this section. The remanufacturer or other
person that stores or treats the hazardous secondary material shall
monitor the closed-vent system components and connections using the
procedures specified in Sec. 261.1034(b) of this subpart to demonstrate
that the closed-vent system operates with no detectable emissions, as
indicated by an instrument reading of less than 500 ppmv above
background.
(ii) After initial leak detection monitoring required in paragraph
(l)(1)(i) of this section, the remanufacturer or other person that
stores or treats the hazardous secondary material shall inspect and
monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or other connections that are
permanently or semi-permanently sealed (e.g., a welded joint between two
sections of hard piping or a bolted and gasketed ducting flange) shall
be visually inspected at least once per year to check for defects that
could result in air pollutant emissions. The remanufacturer or other
person that stores or treats the hazardous secondary material shall
monitor a component or connection using the procedures specified in
Sec. 261.1034(b) of this subpart to demonstrate that it operates with
no detectable emissions following any time the component is repaired or
replaced (e.g., a section of damaged hard piping is replaced with new
hard piping) or the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or connections other than those
specified in paragraph (l)(1)(ii)(A) of this section shall be monitored
annually and at other times as requested by the Regional Administrator,
except as provided for in paragraph (o) of this section, using the
procedures specified in Sec. 261.1034(b) of this subpart to demonstrate
that the components or connections operate with no detectable emissions.
(iii) In the event that a defect or leak is detected, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect or leak in accordance with
the requirements of paragraph (l)(3) of this section.
(iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
and monitoring in accordance with the requirements specified in Sec.
261.1035 of this subpart.
(2) Each closed-vent system that is used to comply with paragraph
(k)(2) of this section shall be inspected and monitored in accordance
with the following requirements:
(i) The closed-vent system shall be visually inspected by the
remanufacturer or other person that stores or treats the hazardous
secondary material to check for defects that could result in air
pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The remanufacturer or other person that stores or treats the
hazardous
[[Page 173]]
secondary material shall perform an initial inspection of the closed-
vent system on or before the date that the system becomes subject to
this section. Thereafter, the remanufacturer or other person that stores
or treats the hazardous secondary material shall perform the inspections
at least once every year.
(iii) In the event that a defect or leak is detected, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect in accordance with the
requirements of paragraph (l)(3) of this section.
(iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
and monitoring in accordance with the requirements specified in Sec.
261.1035 of this subpart.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall repair all detected defects as
follows:
(i) Detectable emissions, as indicated by visual inspection, or by
an instrument reading greater than 500 ppmv above background, shall be
controlled as soon as practicable, but not later than 15 calendar days
after the emission is detected, except as provided for in paragraph
(l)(3)(iii) of this section.
(ii) A first attempt at repair shall be made no later than 5
calendar days after the emission is detected.
(iii) Delay of repair of a closed-vent system for which leaks have
been detected is allowed if the repair is technically infeasible without
a process unit shutdown, or if the remanufacturer or other person that
stores or treats the hazardous secondary material determines that
emissions resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair. Repair of such
equipment shall be completed by the end of the next process unit
shutdown.
(iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the defect
repair in accordance with the requirements specified in Sec. 261.1035
of this subpart.
(m) Closed-vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when emissions
may be vented to them.
(n) The owner or operator using a carbon adsorption system to
control air pollutant emissions shall document that all carbon that is a
hazardous waste and that is removed from the control device is managed
in one of the following manners, regardless of the average volatile
organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit that
meets one of the following:
(i) The owner or operator of the unit has been issued a final permit
under 40 CFR part 270 which implements the requirements of subpart X of
this part; or
(ii) The unit is equipped with and operating air emission controls
in accordance with the applicable requirements of subparts AA and CC of
either this part or of 40 CFR part 265; or
(iii) The unit is equipped with and operating air emission controls
in accordance with a national emission standard for hazardous air
pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste incinerator for which the owner
or operator either:
(i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of subpart O of this part; or
(ii) Has designed and operates the incinerator in accordance with
the interim status requirements of 40 CFR part 265, subpart O.
(3) Burned in a boiler or industrial furnace for which the owner or
operator either:
(i) Has been issued a final permit under 40 CFR part 270 which
implements the requirements of 40 CFR part 266, subpart H; or
(ii) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of 40 CFR part 266,
subpart H.
(o) Any components of a closed-vent system that are designated, as
described in Sec. 261.1035(c)(9) of this subpart, as unsafe to monitor
are exempt from the requirements of paragraph (l)(1)(ii)(B) of this
section if:
[[Page 174]]
(1) The remanufacturer or other person that stores or treats the
hazardous secondary material in a hazardous secondary material
management unit using a closed-vent system determines that the
components of the closed-vent system are unsafe to monitor because
monitoring personnel would be exposed to an immediate danger as a
consequence of complying with paragraph (l)(1)(ii)(B) of this section;
and
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material in a hazardous secondary material
management unit using a closed-vent system adheres to a written plan
that requires monitoring the closed-vent system components using the
procedure specified in paragraph (l)(1)(ii)(B) of this section as
frequently as practicable during safe-to-monitor times.
Sec. 261.1034 Test methods and procedures.
(a) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to the provisions of this subpart
shall comply with the test methods and procedural requirements provided
in this section.
(b) When a closed-vent system is tested for compliance with no
detectable emissions, as required in Sec. 261.1033(l) of this subpart,
the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference Method 21 in 40 CFR part
60.
(2) The detection instrument shall meet the performance criteria of
Reference Method 21.
(3) The instrument shall be calibrated before use on each day of its
use by the procedures specified in Reference Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppm methane or n-hexane.
(5) The background level shall be determined as set forth in
Reference Method 21.
(6) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Reference Method 21.
(7) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level is compared with
500 ppm for determining compliance.
(c) Performance tests to determine compliance with Sec. 261.1032(a)
and with the total organic compound concentration limit of Sec.
261.1033(c) shall comply with the following:
(1) Performance tests to determine total organic compound
concentrations and mass flow rates entering and exiting control devices
shall be conducted and data reduced in accordance with the following
reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity and volumetric flow
rate.
(ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for
organic content. If Method 25A is used, the organic HAP used as the
calibration gas must be the single organic HAP representing the largest
percent by volume of the emissions. The use of Method 25A is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(iii) Each performance test shall consist of three separate runs;
each run conducted for at least 1 hour under the conditions that exist
when the hazardous secondary material management unit is operating at
the highest load or capacity level reasonably expected to occur. For the
purpose of determining total organic compound concentrations and mass
flow rates, the average of results of all runs shall apply. The average
shall be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be determined by the
following equation:
(A) For sources utilizing Method 18.
[[Page 175]]
[GRAPHIC] [TIFF OMITTED] TR13JA15.001
Where:
Eh= Total organic mass flow rate, kg/h;
Q2sd= Volumetric flow rate of gases entering or exiting
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci= Organic concentration in ppm, dry basis, of compound i in
the vent gas, as determined by Method 18;
MWi= Molecular weight of organic compound i in the vent gas,
kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and 760
mm Hg);
10-6 = Conversion from ppm
(B) For sources utilizing Method 25A.
Eh= (Q)(C)(MW)(0.0416)(10-6)
Where:
Eh= Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as
determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and 760
mm Hg);
10-6 = Conversion from ppm.
(v) The annual total organic emission rate shall be determined by
the following equation:
EA = (Eh)(H)
Where:
EA = Total organic mass emission rate, kg/y;
Eh = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operations for the affected unit, h.
(vi) Total organic emissions from all affected process vents at the
facility shall be determined by summing the hourly total organic mass
emission rates (Eh, as determined in paragraph (c)(1)(iv) of
this section) and by summing the annual total organic mass emission
rates (EA, as determined in paragraph (c)(1)(v) of this
section) for all affected process vents at the facility.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall record such process information as
may be necessary to determine the conditions of the performance tests.
Operations during periods of startup, shutdown, and malfunction shall
not constitute representative conditions for the purpose of a
performance test.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material at an affected facility shall provide, or
cause to be provided, performance testing facilities as follows:
(i) Sampling ports adequate for the test methods specified in
paragraph (c)(1) of this section.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling platform(s).
(iv) Utilities for sampling and testing equipment.
(4) For the purpose of making compliance determinations, the time-
weighted average of the results of the three runs shall apply. In the
event that a sample is accidentally lost or conditions occur in which
one of the three runs must be discontinued because of forced shutdown,
failure of an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances beyond the
remanufacturer's or other person's that stores or treats the hazardous
secondary material control, compliance may, upon the Regional
Administrator's approval, be determined using the average of the results
of the two other runs.
(d) To show that a process vent associated with a hazardous
secondary material distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operation is not subject
to the requirements of this subpart, the remanufacturer or other person
that stores or treats the hazardous secondary material must make an
initial determination that the time-weighted, annual average total
organic concentration of the material managed by the hazardous secondary
material management unit is less than 10 ppmw
[[Page 176]]
using one of the following two methods:
(1) Direct measurement of the organic concentration of the material
using the following procedures:
(i) The remanufacturer or other person that stores or treats the
hazardous secondary material must take a minimum of four grab samples of
material for each material stream managed in the affected unit under
process conditions expected to cause the maximum material organic
concentration.
(ii) For material generated onsite, the grab samples must be
collected at a point before the material is exposed to the atmosphere
such as in an enclosed pipe or other closed system that is used to
transfer the material after generation to the first affected
distillation, fractionation, thin-film evaporation, solvent extraction,
or air or steam stripping operation. For material generated offsite, the
grab samples must be collected at the inlet to the first material
management unit that receives the material provided the material has
been transferred to the facility in a closed system such as a tank truck
and the material is not diluted or mixed with other material.
(iii) Each sample shall be analyzed and the total organic
concentration of the sample shall be computed using Method 9060A
(incorporated by reference under 40 CFR 260.11) of ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, or analyzed for its individual organic constituents.
(iv) The arithmetic mean of the results of the analyses of the four
samples shall apply for each material stream managed in the unit in
determining the time-weighted, annual average total organic
concentration of the material. The time-weighted average is to be
calculated using the annual quantity of each material stream processed
and the mean organic concentration of each material stream managed in
the unit.
(2) Using knowledge of the material to determine that its total
organic concentration is less than 10 ppmw. Documentation of the
material determination is required. Examples of documentation that shall
be used to support a determination under this provision include
production process information documenting that no organic compounds are
used, information that the material is generated by a process that is
identical to a process at the same or another facility that has
previously been demonstrated by direct measurement to generate a
material stream having a total organic content less than 10 ppmw, or
prior speciation analysis results on the same material stream where it
can also be documented that no process changes have occurred since that
analysis that could affect the material total organic concentration.
(e) The determination that distillation, fractionation, thin-film
evaporation, solvent extraction, or air or steam stripping operations
manage hazardous secondary materials with time-weighted, annual average
total organic concentrations less than 10 ppmw shall be made as follows:
(1) By the effective date that the facility becomes subject to the
provisions of this subpart or by the date when the material is first
managed in a hazardous secondary material management unit, whichever is
later, and
(2) For continuously generated material, annually, or
(3) Whenever there is a change in the material being managed or a
change in the process that generates or treats the material.
(f) When a remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not agree
on whether a distillation, fractionation, thin-film evaporation, solvent
extraction, or air or steam stripping operation manages a hazardous
secondary material with organic concentrations of at least 10 ppmw based
on knowledge of the material, the dispute may be resolved by using
direct measurement as specified at paragraph (d)(1) of this section.
Sec. 261.1035 Recordkeeping requirements.
(a)(1) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to the provisions of this subpart
shall comply with the recordkeeping requirements of this section.
[[Page 177]]
(2) A remanufacturer or other person that stores or treats the
hazardous secondary material of more than one hazardous secondary
material management unit subject to the provisions of this subpart may
comply with the recordkeeping requirements for these hazardous secondary
material management units in one recordkeeping system if the system
identifies each record by each hazardous secondary material management
unit.
(b) The remanufacturer or other person that stores or treats the
hazardous secondary material must keep the following records on-site:
(1) For facilities that comply with the provisions of Sec.
261.1033(a)(2), an implementation schedule that includes dates by which
the closed-vent system and control device will be installed and in
operation. The schedule must also include a rationale of why the
installation cannot be completed at an earlier date. The implementation
schedule must be kept on-site at the facility by the effective date that
the facility becomes subject to the provisions of this subpart.
(2) Up-to-date documentation of compliance with the process vent
standards in Sec. 261.1032, including:
(i) Information and data identifying all affected process vents,
annual throughput and operating hours of each affected unit, estimated
emission rates for each affected vent and for the overall facility
(i.e., the total emissions for all affected vents at the facility), and
the approximate location within the facility of each affected unit
(e.g., identify the hazardous secondary material management units on a
facility plot plan).
(ii) Information and data supporting determinations of vent
emissions and emission reductions achieved by add-on control devices
based on engineering calculations or source tests. For the purpose of
determining compliance, determinations of vent emissions and emission
reductions must be made using operating parameter values (e.g.,
temperatures, flow rates, or vent stream organic compounds and
concentrations) that represent the conditions that result in maximum
organic emissions, such as when the hazardous secondary material
management unit is operating at the highest load or capacity level
reasonably expected to occur. If the remanufacturer or other person that
stores or treats the hazardous secondary material takes any action
(e.g., managing a material of different composition or increasing
operating hours of affected hazardous secondary material management
units) that would result in an increase in total organic emissions from
affected process vents at the facility, then a new determination is
required.
(3) Where a remanufacturer or other person that stores or treats the
hazardous secondary material chooses to use test data to determine the
organic removal efficiency or total organic compound concentration
achieved by the control device, a performance test plan must be
developed and include:
(i) A description of how it is determined that the planned test is
going to be conducted when the hazardous secondary material management
unit is operating at the highest load or capacity level reasonably
expected to occur. This shall include the estimated or design flow rate
and organic content of each vent stream and define the acceptable
operating ranges of key process and control device parameters during the
test program.
(ii) A detailed engineering description of the closed-vent system
and control device including:
(A) Manufacturer's name and model number of control device.
(B) Type of control device.
(C) Dimensions of the control device.
(D) Capacity.
(E) Construction materials.
(iii) A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.
(4) Documentation of compliance with Sec. 261.1033 shall include
the following information:
(i) A list of all information references and sources used in
preparing the documentation.
(ii) Records, including the dates, of each compliance test required
by Sec. 261.1033(k).
[[Page 178]]
(iii) If engineering calculations are used, a design analysis,
specifications, drawings, schematics, and piping and instrumentation
diagrams based on the appropriate sections of ``APTI Course 415: Control
of Gaseous Emissions'' (incorporated by reference as specified in Sec.
260.11) or other engineering texts acceptable to the Regional
Administrator that present basic control device design information.
Documentation provided by the control device manufacturer or vendor that
describes the control device design in accordance with paragraphs
(b)(4)(iii)(A) through (G) of this section may be used to comply with
this requirement. The design analysis shall address the vent stream
characteristics and control device operation parameters as specified
below.
(A) For a thermal vapor incinerator, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate. The design analysis shall also establish the design minimum
and average temperature in the combustion zone and the combustion zone
residence time.
(B) For a catalytic vapor incinerator, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate. The design analysis shall also establish the design minimum
and average temperatures across the catalyst bed inlet and outlet.
(C) For a boiler or process heater, the design analysis shall
consider the vent stream composition, constituent concentrations, and
flow rate. The design analysis shall also establish the design minimum
and average flame zone temperatures, combustion zone residence time, and
description of method and location where the vent stream is introduced
into the combustion zone.
(D) For a flare, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design
analysis shall also consider the requirements specified in Sec.
261.1033(d).
(E) For a condenser, the design analysis shall consider the vent
stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis shall also establish the
design outlet organic compound concentration level, design average
temperature of the condenser exhaust vent stream, and design average
temperatures of the coolant fluid at the condenser inlet and outlet.
(F) For a carbon adsorption system such as a fixed-bed adsorber that
regenerates the carbon bed directly onsite in the control device, the
design analysis shall consider the vent stream composition, constituent
concentrations, flow rate, relative humidity, and temperature. The
design analysis shall also establish the design exhaust vent stream
organic compound concentration level, number and capacity of carbon
beds, type and working capacity of activated carbon used for carbon
beds, design total steam flow over the period of each complete carbon
bed regeneration cycle, duration of the carbon bed steaming and cooling/
drying cycles, design carbon bed temperature after regeneration, design
carbon bed regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a carbon canister that
does not regenerate the carbon bed directly onsite in the control
device, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design outlet
organic concentration level, capacity of carbon bed, type and working
capacity of activated carbon used for carbon bed, and design carbon
replacement interval based on the total carbon working capacity of the
control device and source operating schedule.
(iv) A statement signed and dated by the remanufacturer or other
person that stores or treats the hazardous secondary material certifying
that the operating parameters used in the design analysis reasonably
represent the conditions that exist when the hazardous secondary
material management unit is or would be operating at the highest load or
capacity level reasonably expected to occur.
(v) A statement signed and dated by the remanufacturer or other
person that stores or treats the hazardous secondary material certifying
that the control device is designed to operate at an efficiency of 95
percent or greater unless the total organic concentration
[[Page 179]]
limit of Sec. 261.1032(a) is achieved at an efficiency less than 95
weight percent or the total organic emission limits of Sec. 261.1032(a)
for affected process vents at the facility can be attained by a control
device involving vapor recovery at an efficiency less than 95 weight
percent. A statement provided by the control device manufacturer or
vendor certifying that the control equipment meets the design
specifications may be used to comply with this requirement.
(vi) If performance tests are used to demonstrate compliance, all
test results.
(c) Design documentation and monitoring, operating, and inspection
information for each closed-vent system and control device required to
comply with the provisions of this part shall be recorded and kept up-
to-date at the facility. The information shall include:
(1) Description and date of each modification that is made to the
closed-vent system or control device design.
(2) Identification of operating parameter, description of monitoring
device, and diagram of monitoring sensor location or locations used to
comply with Sec. 261.1033 (f)(1) and (2).
(3) Monitoring, operating, and inspection information required by
Sec. 261.1033(f) through (k).
(4) Date, time, and duration of each period that occurs while the
control device is operating when any monitored parameter exceeds the
value established in the control device design analysis as specified
below:
(i) For a thermal vapor incinerator designed to operate with a
minimum residence time of 0.50 second at a minimum temperature of 760
[deg]C, period when the combustion temperature is below 760 [deg]C.
(ii) For a thermal vapor incinerator designed to operate with an
organic emission reduction efficiency of 95 weight percent or greater,
period when the combustion zone temperature is more than 28 [deg]C below
the design average combustion zone temperature established as a
requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator, period when:
(A) Temperature of the vent stream at the catalyst bed inlet is more
than 28 [deg]C below the average temperature of the inlet vent stream
established as a requirement of paragraph (b)(4)(iii)(B) of this
section, or
(B) Temperature difference across the catalyst bed is less than 80
percent of the design average temperature difference established as a
requirement of paragraph (b)(4)(iii)(B) of this section.
(iv) For a boiler or process heater, period when:
(A) Flame zone temperature is more than 28 [deg]C below the design
average flame zone temperature established as a requirement of paragraph
(b)(4)(iii)(C) of this section, or
(B) Position changes where the vent stream is introduced to the
combustion zone from the location established as a requirement of
paragraph (b)(4)(iii)(C) of this section.
(v) For a flare, period when the pilot flame is not ignited.
(vi) For a condenser that complies with Sec. 261.1033(f)(2)(vi)(A),
period when the organic compound concentration level or readings of
organic compounds in the exhaust vent stream from the condenser are more
than 20 percent greater than the design outlet organic compound
concentration level established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with Sec.
261.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream from the condenser is
more than 6 [deg]C above the design average exhaust vent stream
temperature established as a requirement of paragraph (b)(4)(iii)(E) of
this section; or
(B) Temperature of the coolant fluid exiting the condenser is more
than 6 [deg]C above the design average coolant fluid temperature at the
condenser outlet established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly on-site in the control
device and complies with Sec. 261.1033(f)(2)(vii)(A), period when the
organic compound concentration level or readings of organic compounds in
the exhaust vent stream from the carbon bed are more than 20 percent
greater than the design exhaust vent stream organic compound
[[Page 180]]
concentration level established as a requirement of paragraph
(b)(4)(iii)(F) of this section.
(ix) For a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly on-site in the control
device and complies with Sec. 261.1033(f)(2)(vii)(B), period when the
vent stream continues to flow through the control device beyond the
predetermined carbon bed regeneration time established as a requirement
of paragraph (b)(4)(iii)(F) of this section.
(5) Explanation for each period recorded under paragraph (c)(4) of
the cause for control device operating parameter exceeding the design
value and the measures implemented to correct the control device
operation.
(6) For a carbon adsorption system operated subject to requirements
specified in Sec. 261.1033(g) or (h)(2), date when existing carbon in
the control device is replaced with fresh carbon.
(7) For a carbon adsorption system operated subject to requirements
specified in Sec. 261.1033(h)(1), a log that records:
(i) Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading.
(ii) Date when existing carbon in the control device is replaced
with fresh carbon.
(8) Date of each control device startup and shutdown.
(9) A remanufacturer or other person that stores or treats the
hazardous secondary material designating any components of a closed-vent
system as unsafe to monitor pursuant to Sec. 261.1033(o) of this
subpart shall record in a log that is kept at the facility the
identification of closed-vent system components that are designated as
unsafe to monitor in accordance with the requirements of Sec.
261.1033(o) of this subpart, an explanation for each closed-vent system
component stating why the closed-vent system component is unsafe to
monitor, and the plan for monitoring each closed-vent system component.
(10) When each leak is detected as specified in Sec. 261.1033(l) of
this subpart, the following information shall be recorded:
(i) The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number.
(ii) The date the leak was detected and the date of first attempt to
repair the leak.
(iii) The date of successful repair of the leak.
(iv) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A after it is successfully repaired or determined to be
nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(A) The remanufacturer or other person that stores or treats the
hazardous secondary material may develop a written procedure that
identifies the conditions that justify a delay of repair. In such cases,
reasons for delay of repair may be documented by citing the relevant
sections of the written procedure.
(B) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection information
required by paragraphs (c)(3) through (10) of this section shall be
maintained by the owner or operator for at least 3 years following the
date of each occurrence, measurement, maintenance, corrective action, or
record.
(e) For a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser,
or carbon adsorption system, the Regional Administrator will specify the
appropriate recordkeeping requirements.
(f) Up-to-date information and data used to determine whether or not
a process vent is subject to the requirements in Sec. 261.1032
including supporting documentation as required by Sec. 261.1034(d)(2)
when application of the knowledge of the nature of the hazardous
secondary material stream or the process by which it was produced is
used, shall be recorded in a log that is kept at the facility.
[[Page 181]]
Sec. Sec. 261.1036-261.1049 [Reserved]
Subpart BB_Air Emission Standards for Equipment Leaks
Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.
Sec. 261.1050 Applicability.
(a) The regulations in this subpart apply to equipment that contains
hazardous secondary materials excluded under the remanufacturing
exclusion at Sec. 261.4(a)(27), unless the equipment operations are
subject to the requirements of an applicable Clean Air Act regulation
codified under 40 CFR part 60, part 61, or part 63.
Sec. 261.1051 Definitions.
As used in this subpart, all terms shall have the meaning given them
in Sec. 261.1031, the Resource Conservation and Recovery Act, and 40
CFR parts 260-266.
Sec. 261.1052 Standards: Pumps in light liquid service.
(a)(1) Each pump in light liquid service shall be monitored monthly
to detect leaks by the methods specified in Sec. 261.1063(b), except as
provided in paragraphs (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal.
(b)(1) If an instrument reading of 10,000 ppm or greater is
measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal,
a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 261.1059.
(2) A first attempt at repair (e.g., tightening the packing gland)
shall be made no later than five calendar days after each leak is
detected.
(d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the following requirements are
met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a pressure that is at all
times greater than the pump stuffing box pressure, or
(ii) Equipped with a barrier fluid degassing reservoir that is
connected by a closed-vent system to a control device that complies with
the requirements of Sec. 261.1060, or
(iii) Equipped with a system that purges the barrier fluid into a
hazardous secondary material stream with no detectable emissions to the
atmosphere.
(2) The barrier fluid system must not be a hazardous secondary
material with organic concentrations 10 percent or greater by weight.
(3) Each barrier fluid system must be equipped with a sensor that
will detect failure of the seal system, the barrier fluid system, or
both.
(4) Each pump must be checked by visual inspection, each calendar
week, for indications of liquids dripping from the pump seals.
(5)(i) Each sensor as described in paragraph (d)(3) of this section
must be checked daily or be equipped with an audible alarm that must be
checked monthly to ensure that it is functioning properly.
(ii) The remanufacturer or other person that stores or treats the
hazardous secondary material must determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(6)(i) If there are indications of liquids dripping from the pump
seal or the sensor indicates failure of the seal system, the barrier
fluid system, or both based on the criterion determined in paragraph
(d)(5)(ii) of this section, a leak is detected.
(ii) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 261.1059.
(iii) A first attempt at repair (e.g., relapping the seal) shall be
made no later than five calendar days after each leak is detected.
(e) Any pump that is designated, as described in Sec.
261.1064(g)(2), for no detectable emissions, as indicated by an
[[Page 182]]
instrument reading of less than 500 ppm above background, is exempt from
the requirements of paragraphs (a), (c), and (d) of this section if the
pump meets the following requirements:
(1) Must have no externally actuated shaft penetrating the pump
housing.
(2) Must operate with no detectable emissions as indicated by an
instrument reading of less than 500 ppm above background as measured by
the methods specified in Sec. 261.1063(c).
(3) Must be tested for compliance with paragraph (e)(2) of this
section initially upon designation, annually, and at other times as
requested by the Regional Administrator.
(f) If any pump is equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals to a
control device that complies with the requirements of Sec. 261.1060, it
is exempt from the requirements of paragraphs (a) through (e) of this
section.
Sec. 261.1053 Standards: Compressors.
(a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of total
organic emissions to the atmosphere, except as provided in paragraphs
(h) and (i) of this section.
(b) Each compressor seal system as required in paragraph (a) of this
section shall be:
(1) Operated with the barrier fluid at a pressure that is at all
times greater than the compressor stuffing box pressure, or
(2) Equipped with a barrier fluid system that is connected by a
closed-vent system to a control device that complies with the
requirements of Sec. 261.1060, or
(3) Equipped with a system that purges the barrier fluid into a
hazardous secondary material stream with no detectable emissions to
atmosphere.
(c) The barrier fluid must not be a hazardous secondary material
with organic concentrations 10 percent or greater by weight.
(d) Each barrier fluid system as described in paragraphs (a) through
(c) of this section shall be equipped with a sensor that will detect
failure of the seal system, barrier fluid system, or both.
(e)(1) Each sensor as required in paragraph (d) of this section
shall be checked daily or shall be equipped with an audible alarm that
must be checked monthly to ensure that it is functioning properly unless
the compressor is located within the boundary of an unmanned plant site,
in which case the sensor must be checked daily.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(f) If the sensor indicates failure of the seal system, the barrier
fluid system, or both based on the criterion determined under paragraph
(e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 261.1059.
(2) A first attempt at repair (e.g., tightening the packing gland)
shall be made no later than 5 calendar days after each leak is detected.
(h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section if it is equipped with a closed-vent system
capable of capturing and transporting any leakage from the seal to a
control device that complies with the requirements of Sec. 261.1060,
except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as described in Sec.
261.1064(g)(2), for no detectable emissions as indicated by an
instrument reading of less than 500 ppm above background is exempt from
the requirements of paragraphs (a) through (h) of this section if the
compressor:
(1) Is determined to be operating with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as measured by the method specified in Sec. 261.1063(c).
(2) Is tested for compliance with paragraph (i)(1) of this section
initially upon designation, annually, and at
[[Page 183]]
other times as requested by the Regional Administrator.
Sec. 261.1054 Standards: Pressure relief devices in gas/vapor service.
(a) Except during pressure releases, each pressure relief device in
gas/vapor service shall be operated with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as measured by the method specified in Sec. 261.1063(c).
(b)(1) After each pressure release, the pressure relief device shall
be returned to a condition of no detectable emissions, as indicated by
an instrument reading of less than 500 ppm above background, as soon as
practicable, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 261.1059.
(2) No later than 5 calendar days after the pressure release, the
pressure relief device shall be monitored to confirm the condition of no
detectable emissions, as indicated by an instrument reading of less than
500 ppm above background, as measured by the method specified in Sec.
261.1063(c).
(c) Any pressure relief device that is equipped with a closed-vent
system capable of capturing and transporting leakage from the pressure
relief device to a control device as described in Sec. 261.1060 is
exempt from the requirements of paragraphs (a) and (b) of this section.
Sec. 261.1055 Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system. This system shall collect the
sample purge for return to the process or for routing to the appropriate
treatment system. Gases displaced during filling of the sample container
are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall meet one of the
following requirements:
(1) Return the purged process fluid directly to the process line;
(2) Collect and recycle the purged process fluid; or
(3) Be designed and operated to capture and transport all the purged
process fluid to a material management unit that complies with the
applicable requirements of Sec. Sec. 261.1084 through 264.1086 of this
subpart or a control device that complies with the requirements of Sec.
261.1060 of this subpart.
(c) In-situ sampling systems and sampling systems without purges are
exempt from the requirements of paragraphs (a) and (b) of this section.
Sec. 261.1056 Standards: Open-ended valves or lines.
(a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve.
(2) The cap, blind flange, plug, or second valve shall seal the open
end at all times except during operations requiring hazardous secondary
material stream flow through the open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the hazardous secondary
material stream end is closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (a) of
this section at all other times.
Sec. 261.1057 Standards: Valves in gas/vapor service or in light
liquid service.
(a) Each valve in gas/vapor or light liquid service shall be
monitored monthly to detect leaks by the methods specified in Sec.
261.1063(b) and shall comply with paragraphs (b) through (e) of this
section, except as provided in paragraphs (f), (g), and (h) of this
section and Sec. Sec. 261.1061 and 261.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(c)(1) Any valve for which a leak is not detected for two successive
months may be monitored the first month of every succeeding quarter,
beginning with the next quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly
until a
[[Page 184]]
leak is not detected for two successive months,
(d)(1) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in Sec. 261.1059.
(2) A first attempt at repair shall be made no later than 5 calendar
days after each leak is detected.
(e) First attempts at repair include, but are not limited to, the
following best practices where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland nuts.
(4) Injection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Sec.
261.1064(g)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt from
the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in contact with the
hazardous secondary material stream.
(2) Is operated with emissions less than 500 ppm above background as
determined by the method specified in Sec. 261.1063(c).
(3) Is tested for compliance with paragraph (f)(2) of this section
initially upon designation, annually, and at other times as requested by
the Regional Administrator.
(g) Any valve that is designated, as described in Sec.
261.1064(h)(1), as an unsafe-to-monitor valve is exempt from the
requirements of paragraph (a) of this section if:
(1) The remanufacturer or other person that stores or treats the
hazardous secondary material determines that the valve is unsafe to
monitor because monitoring personnel would be exposed to an immediate
danger as a consequence of complying with paragraph (a) of this section.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material adheres to a written plan that requires
monitoring of the valve as frequently as practicable during safe-to-
monitor times.
(h) Any valve that is designated, as described in Sec.
261.1064(h)(2), as a difficult-to-monitor valve is exempt from the
requirements of paragraph (a) of this section if:
(1) The remanufacturer or other person that stores or treats the
hazardous secondary material determines that the valve cannot be
monitored without elevating the monitoring personnel more than 2 meters
above a support surface.
(2) The hazardous secondary material management unit within which
the valve is located was in operation before January 13, 2015.
(3) The owner or operator of the valve follows a written plan that
requires monitoring of the valve at least once per calendar year.
Sec. 261.1058 Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service,
and flanges and other connectors.
(a) Pumps and valves in heavy liquid service, pressure relief
devices in light liquid or heavy liquid service, and flanges and other
connectors shall be monitored within five days by the method specified
in Sec. 261.1063(b) if evidence of a potential leak is found by visual,
audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 261.1059.
(2) The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(d) First attempts at repair include, but are not limited to, the
best practices described under Sec. 261.1057(e).
(e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the
monitoring requirements of paragraph (a) of this section and from the
recordkeeping requirements of Sec. 261.1064 of this subpart.
Sec. 261.1059 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
will be allowed if the repair is technically infeasible without a
hazardous secondary
[[Page 185]]
material management unit shutdown. In such a case, repair of this
equipment shall occur before the end of the next hazardous secondary
material management unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected
will be allowed for equipment that is isolated from the hazardous
secondary material management unit and that does not continue to contain
or contact hazardous secondary material with organic concentrations at
least 10 percent by weight.
(c) Delay of repair for valves will be allowed if:
(1) The remanufacturer or other person that stores or treats the
hazardous secondary material determines that emissions of purged
material resulting from immediate repair are greater than the emissions
likely to result from delay of repair.
(2) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec. 261.1060.
(d) Delay of repair for pumps will be allowed if:
(1) Repair requires the use of a dual mechanical seal system that
includes a barrier fluid system.
(2) Repair is completed as soon as practicable, but not later than 6
months after the leak was detected.
(e) Delay of repair beyond a hazardous secondary material management
unit shutdown will be allowed for a valve if valve assembly replacement
is necessary during the hazardous secondary material management unit
shutdown, valve assembly supplies have been depleted, and valve assembly
supplies had been sufficiently stocked before the supplies were
depleted. Delay of repair beyond the next hazardous secondary material
management unit shutdown will not be allowed unless the next hazardous
secondary material management unit shutdown occurs sooner than 6 months
after the first hazardous secondary material management unit shutdown.
Sec. 261.1060 Standards: Closed-vent systems and control devices.
(a) The remanufacturer or other person that stores or treats the
hazardous secondary material in a hazardous secondary material
management units using closed-vent systems and control devices subject
to this subpart shall comply with the provisions of Sec. 261.1033 of
this part.
(b)(1) The remanufacturer or other person that stores or treats the
hazardous secondary material at an existing facility who cannot install
a closed-vent system and control device to comply with the provisions of
this subpart on the effective date that the facility becomes subject to
the provisions of this subpart must prepare an implementation schedule
that includes dates by which the closed-vent system and control device
will be installed and in operation. The controls must be installed as
soon as possible, but the implementation schedule may allow up to 30
months after the effective date that the facility becomes subject to
this subpart for installation and startup.
(2) Any unit that begins operation after July 13, 2015 and is
subject to the provisions of this subpart when operation begins, must
comply with the rules immediately (i.e., must have control devices
installed and operating on startup of the affected unit); the 30-month
implementation schedule does not apply.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material at any facility in existence on the
effective date of a statutory or regulatory amendment that renders the
facility subject to this subpart shall comply with all requirements of
this subpart as soon as practicable but no later than 30 months after
the amendment's effective date. When control equipment required by this
subpart cannot be installed and begin operation by the effective date of
the amendment, the facility owner or operator shall prepare an
implementation schedule that includes the following information:
Specific calendar dates for award of contracts or issuance of purchase
orders for the control equipment, initiation of on-site installation of
the control equipment, completion of the control equipment installation,
and performance of any testing to demonstrate that the installed
equipment meets the applicable standards of this subpart. The
remanufacturer or other person that stores or
[[Page 186]]
treats the hazardous secondary material shall keep a copy of the
implementation schedule at the facility.
(4) Remanufacturers or other persons that store or treat the
hazardous secondary materials at facilities and units that become newly
subject to the requirements of this subpart after January 13, 2015, due
to an action other than those described in paragraph (b)(3) of this
section must comply with all applicable requirements immediately (i.e.,
must have control devices installed and operating on the date the
facility or unit becomes subject to this subpart; the 30-month
implementation schedule does not apply).
Sec. 261.1061 Alternative standards for valves in gas/vapor service
or in light liquid service: percentage of valves allowed to leak.
(a) A remanufacturer or other person that stores or treats the
hazardous secondary material subject to the requirements of Sec.
261.1057 may elect to have all valves within a hazardous secondary
material management unit comply with an alternative standard that allows
no greater than 2 percent of the valves to leak.
(b) The following requirements shall be met if a remanufacturer or
other person that stores or treats the hazardous secondary material
decides to comply with the alternative standard of allowing 2 percent of
valves to leak:
(1) A performance test as specified in paragraph (c) of this section
shall be conducted initially upon designation, annually, and at other
times requested by the Regional Administrator.
(2) If a valve leak is detected, it shall be repaired in accordance
with Sec. 261.1057(d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves subject to the requirements in Sec. 261.1057 within
the hazardous secondary material management unit shall be monitored
within 1 week by the methods specified in Sec. 261.1063(b).
(2) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(3) The leak percentage shall be determined by dividing the number
of valves subject to the requirements in Sec. 261.1057 for which leaks
are detected by the total number of valves subject to the requirements
in Sec. 261.1057 within the hazardous secondary material management
unit.
Sec. 261.1062 Alternative standards for valves in gas/vapor service
or in light liquid service: skip period leak detection and repair.
(a) A remanufacturer or other person that stores or treats the
hazardous secondary material subject to the requirements of Sec.
261.1057 may elect for all valves within a hazardous secondary material
management unit to comply with one of the alternative work practices
specified in paragraphs (b)(2) and (3) of this section.
(b)(1) A remanufacturer or other person that stores or treats the
hazardous secondary material shall comply with the requirements for
valves, as described in Sec. 261.1057, except as described in
paragraphs (b)(2) and (3) of this section.
(2) After two consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than two percent, a
remanufacturer or other person that stores or treats the hazardous
secondary material may begin to skip one of the quarterly leak detection
periods (i.e., monitor for leaks once every six months) for the valves
subject to the requirements in Sec. 261.1057 of this subpart.
(3) After five consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than two percent, a
remanufacturer or other person that stores or treats the hazardous
secondary material may begin to skip three of the quarterly leak
detection periods (i.e., monitor for leaks once every year) for the
valves subject to the requirements in Sec. 261.1057 of this subpart.
(4) If the percentage of valves leaking is greater than two percent,
the remanufacturer or other person that stores or treats the hazardous
secondary material shall monitor monthly in compliance with the
requirements in Sec. 261.1057, but may again elect to use this section
after meeting the requirements of Sec. 261.1057(c)(1).
[[Page 187]]
Sec. 261.1063 Test methods and procedures.
(a) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to the provisions of this subpart
shall comply with the test methods and procedures requirements provided
in this section.
(b) Leak detection monitoring, as required in Sec. Sec. 261.1052-
261.1062, shall comply with the following requirements:
(1) Monitoring shall comply with Reference Method 21 in 40 CFR part
60.
(2) The detection instrument shall meet the performance criteria of
Reference Method 21.
(3) The instrument shall be calibrated before use on each day of its
use by the procedures specified in Reference Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppm methane or n-hexane.
(5) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Reference Method 21.
(c) When equipment is tested for compliance with no detectable
emissions, as required in Sec. Sec. 261.1052(e), 261.1053(i), 261.1054,
and 261.1057(f), the test shall comply with the following requirements:
(1) The requirements of paragraphs (b)(1) through (4) of this
section shall apply.
(2) The background level shall be determined as set forth in
Reference Method 21.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Reference Method 21.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level is compared with
500 ppm for determining compliance.
(d) A remanufacturer or other person that stores or treats the
hazardous secondary material must determine, for each piece of
equipment, whether the equipment contains or contacts a hazardous
secondary material with organic concentration that equals or exceeds 10
percent by weight using the following:
(1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88,
E 260-85 (incorporated by reference under Sec. 260.11);
(2) Method 9060A (incorporated by reference under 40 CFR 260.11) of
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846, for
computing total organic concentration of the sample, or analyzed for its
individual organic constituents; or
(3) Application of the knowledge of the nature of the hazardous
secondary material stream or the process by which it was produced.
Documentation of a material determination by knowledge is required.
Examples of documentation that shall be used to support a determination
under this provision include production process information documenting
that no organic compounds are used, information that the material is
generated by a process that is identical to a process at the same or
another facility that has previously been demonstrated by direct
measurement to have a total organic content less than 10 percent, or
prior speciation analysis results on the same material stream where it
can also be documented that no process changes have occurred since that
analysis that could affect the material total organic concentration.
(e) If a remanufacturer or other person that stores or treats the
hazardous secondary material determines that a piece of equipment
contains or contacts a hazardous secondary material with organic
concentrations at least 10 percent by weight, the determination can be
revised only after following the procedures in paragraph (d)(1) or (2)
of this section.
(f) When a remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not agree
on whether a piece of equipment contains or contacts a hazardous
secondary material with organic concentrations at least 10 percent by
weight, the procedures in paragraph (d)(1) or (2) of this
[[Page 188]]
section can be used to resolve the dispute.
(g) Samples used in determining the percent organic content shall be
representative of the highest total organic content hazardous secondary
material that is expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in light liquid service, the
vapor pressures of constituents may be obtained from standard reference
texts or may be determined by ASTM D-2879-86 (incorporated by reference
under Sec. 260.11).
(i) Performance tests to determine if a control device achieves 95
weight percent organic emission reduction shall comply with the
procedures of Sec. 261.1034(c)(1) through (4).
Sec. 261.1064 Recordkeeping requirements.
(a)(1) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to the provisions of this subpart
shall comply with the recordkeeping requirements of this section.
(2) A remanufacturer or other person that stores or treats the
hazardous secondary material in more than one hazardous secondary
material management unit subject to the provisions of this subpart may
comply with the recordkeeping requirements for these hazardous secondary
material management units in one recordkeeping system if the system
identifies each record by each hazardous secondary material management
unit.
(b) Remanufacturer's and other person's that store or treat the
hazardous secondary material must record and keep the following
information at the facility:
(1) For each piece of equipment to which subpart BB of part 261
applies:
(i) Equipment identification number and hazardous secondary material
management unit identification.
(ii) Approximate locations within the facility (e.g., identify the
hazardous secondary material management unit on a facility plot plan).
(iii) Type of equipment (e.g., a pump or pipeline valve).
(iv) Percent-by-weight total organics in the hazardous secondary
material stream at the equipment.
(v) Hazardous secondary material state at the equipment (e.g., gas/
vapor or liquid).
(vi) Method of compliance with the standard (e.g., ``monthly leak
detection and repair'' or ``equipped with dual mechanical seals'').
(2) For facilities that comply with the provisions of Sec.
261.1033(a)(2), an implementation schedule as specified in Sec.
261.1033(a)(2).
(3) Where a remanufacturer or other person that stores or treats the
hazardous secondary material chooses to use test data to demonstrate the
organic removal efficiency or total organic compound concentration
achieved by the control device, a performance test plan as specified in
Sec. 261.1035(b)(3).
(4) Documentation of compliance with Sec. 261.1060, including the
detailed design documentation or performance test results specified in
Sec. 261.1035(b)(4).
(c) When each leak is detected as specified in Sec. Sec. 261.1052,
261.1053, 261.1057, and 261.1058, the following requirements apply:
(1) A weatherproof and readily visible identification, marked with
the equipment identification number, the date evidence of a potential
leak was found in accordance with Sec. 261.1058(a), and the date the
leak was detected, shall be attached to the leaking equipment.
(2) The identification on equipment, except on a valve, may be
removed after it has been repaired.
(3) The identification on a valve may be removed after it has been
monitored for two successive months as specified in Sec. 261.1057(c)
and no leak has been detected during those two months.
(d) When each leak is detected as specified in Sec. Sec. 261.1052,
261.1053, 261.1057, and 261.1058, the following information shall be
recorded in an inspection log and shall be kept at the facility:
(1) The instrument and operator identification numbers and the
equipment identification number.
(2) The date evidence of a potential leak was found in accordance
with Sec. 261.1058(a).
[[Page 189]]
(3) The date the leak was detected and the dates of each attempt to
repair the leak.
(4) Repair methods applied in each attempt to repair the leak.
(5) ``Above 10,000'' if the maximum instrument reading measured by
the methods specified in Sec. 261.1063(b) after each repair attempt is
equal to or greater than 10,000 ppm.
(6) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(7) Documentation supporting the delay of repair of a valve in
compliance with Sec. 261.1059(c).
(8) The signature of the remanufacturer or other person that stores
or treats the hazardous secondary material (or designate) whose decision
it was that repair could not be effected without a hazardous secondary
material management unit shutdown.
(9) The expected date of successful repair of the leak if a leak is
not repaired within 15 calendar days.
(10) The date of successful repair of the leak.
(e) Design documentation and monitoring, operating, and inspection
information for each closed-vent system and control device required to
comply with the provisions of Sec. 261.1060 shall be recorded and kept
up-to-date at the facility as specified in Sec. 261.1035(c). Design
documentation is specified in Sec. 261.1035(c)(1) and (2) and
monitoring, operating, and inspection information in Sec.
261.1035(c)(3) through (8).
(f) For a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser,
or carbon adsorption system, the Regional Administrator will specify the
appropriate recordkeeping requirements.
(g) The following information pertaining to all equipment subject to
the requirements in Sec. Sec. 261.1052 through 261.1060 shall be
recorded in a log that is kept at the facility:
(1) A list of identification numbers for equipment (except welded
fittings) subject to the requirements of this subpart.
(2)(i) A list of identification numbers for equipment that the
remanufacturer or other person that stores or treats the hazardous
secondary material elects to designate for no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, under the provisions of Sec. Sec. 261.1052(e), 261.1053(i),
and 261.1057(f).
(ii) The designation of this equipment as subject to the
requirements of Sec. Sec. 261.1052(e), 261.1053(i), or 261.1057(f)
shall be signed by the remanufacturer or other person that stores or
treats the hazardous secondary material.
(3) A list of equipment identification numbers for pressure relief
devices required to comply with Sec. 261.1054(a).
(4)(i) The dates of each compliance test required in Sec. Sec.
261.1052(e), 261.1053(i), 261.1054, and 261.1057(f).
(ii) The background level measured during each compliance test.
(iii) The maximum instrument reading measured at the equipment
during each compliance test.
(5) A list of identification numbers for equipment in vacuum
service.
(6) Identification, either by list or location (area or group) of
equipment that contains or contacts hazardous secondary material with an
organic concentration of at least 10 percent by weight for less than 300
hours per calendar year.
(h) The following information pertaining to all valves subject to
the requirements of Sec. 261.1057(g) and (h) shall be recorded in a log
that is kept at the facility:
(1) A list of identification numbers for valves that are designated
as unsafe to monitor, an explanation for each valve stating why the
valve is unsafe to monitor, and the plan for monitoring each valve.
(2) A list of identification numbers for valves that are designated
as difficult to monitor, an explanation for each valve stating why the
valve is difficult to monitor, and the planned schedule for monitoring
each valve.
(i) The following information shall be recorded in a log that is
kept at the facility for valves complying with Sec. 261.1062:
(1) A schedule of monitoring.
(2) The percent of valves found leaking during each monitoring
period.
[[Page 190]]
(j) The following information shall be recorded in a log that is
kept at in the facility:
(1) Criteria required in Sec. Sec. 261.1052(d)(5)(ii) and
261.1053(e)(2) and an explanation of the design criteria.
(2) Any changes to these criteria and the reasons for the changes.
(k) The following information shall be recorded in a log that is
kept at the facility for use in determining exemptions as provided in
the applicability section of this subpart and other specific subparts:
(1) An analysis determining the design capacity of the hazardous
secondary material management unit.
(2) A statement listing the hazardous secondary material influent to
and effluent from each hazardous secondary material management unit
subject to the requirements in Sec. Sec. 261.1052 through 261.1060 and
an analysis determining whether these hazardous secondary materials are
heavy liquids.
(3) An up-to-date analysis and the supporting information and data
used to determine whether or not equipment is subject to the
requirements in Sec. Sec. 261.1052 through 261.1060. The record shall
include supporting documentation as required by Sec. 261.1063(d)(3)
when application of the knowledge of the nature of the hazardous
secondary material stream or the process by which it was produced is
used. If the remanufacturer or other person that stores or treats the
hazardous secondary material takes any action (e.g., changing the
process that produced the material) that could result in an increase in
the total organic content of the material contained in or contacted by
equipment determined not to be subject to the requirements in Sec. Sec.
261.1052 through 261.1060, then a new determination is required.
(l) Records of the equipment leak information required by paragraph
(d) of this section and the operating information required by paragraph
(e) of this section need be kept only three years.
(m) The remanufacturer or other person that stores or treats the
hazardous secondary material at a facility with equipment that is
subject to this subpart and to regulations at 40 CFR part 60, part 61,
or part 63 may elect to determine compliance with this subpart either by
documentation pursuant to Sec. 261.1064 of this subpart, or by
documentation of compliance with the regulations at 40 CFR part 60, part
61, or part 63 pursuant to the relevant provisions of the regulations at
40 part 60, part 61, or part 63. The documentation of compliance under
regulations at 40 CFR part 60, part 61, or part 63 shall be kept with or
made readily available at the facility.
Sec. Sec. 261.1065-261.1079 [Reserved]
Subpart CC_Air Emission Standards for Tanks and Containers
Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.
Sec. 261.1080 Applicability.
(a) The regulations in this subpart apply to tanks and containers
that contain hazardous secondary materials excluded under the
remanufacturing exclusion at Sec. 261.4(a)(27), unless the tanks and
containers are equipped with and operating air emission controls in
accordance with the requirements of an applicable Clean Air Act
regulations codified under 40 CFR part 60, part 61, or part 63.
(b) [Reserved]
Sec. 261.1081 Definitions.
As used in this subpart, all terms not defined herein shall have the
meaning given to them in the Resource Conservation and Recovery Act and
parts 260 through 266 of this chapter.
Average volatile organic concentration or average VO concentration
means the mass-weighted average volatile organic concentration of a
hazardous secondary material as determined in accordance with the
requirements of Sec. 261.1084 of this subpart.
Closure device means a cap, hatch, lid, plug, seal, valve, or other
type of fitting that blocks an opening in a cover such that when the
device is secured in the closed position it prevents or reduces air
pollutant emissions to the atmosphere. Closure devices include devices
that are detachable from the cover (e.g., a sampling port cap), manually
operated (e.g., a hinged access lid or hatch), or automatically operated
[[Page 191]]
(e.g., a spring-loaded pressure relief valve).
Continuous seal means a seal that forms a continuous closure that
completely covers the space between the edge of the floating roof and
the wall of a tank. A continuous seal may be a vapor-mounted seal,
liquid-mounted seal, or metallic shoe seal. A continuous seal may be
constructed of fastened segments so as to form a continuous seal.
Cover means a device that provides a continuous barrier over the
hazardous secondary material managed in a unit to prevent or reduce air
pollutant emissions to the atmosphere. A cover may have openings (such
as access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can be
detached and removed from the unit or a cover may be formed by
structural features permanently integrated into the design of the unit.
Empty hazardous secondary material container means:
(1) A container from which all hazardous secondary materials 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 no more than 2.5 centimeters (one inch) of residue
remain on the bottom of the container or inner liner;
(2) A container that is less than or equal to 119 gallons in size
and no more than 3 percent by weight of the total capacity of the
container remains in the container or inner liner; or
(3) A container that is greater than 119 gallons in size and no more
than 0.3 percent by weight of the total capacity of the container
remains in the container or inner liner.
Enclosure means a structure that surrounds a tank or container,
captures organic vapors emitted from the tank or container, and vents
the captured vapors through a closed-vent system to a control device.
External floating roof means a pontoon-type or double-deck type
cover that rests on the surface of the material managed in a tank with
no fixed roof.
Fixed roof means a cover that is mounted on a unit in a stationary
position and does not move with fluctuations in the level of the
material managed in the unit.
Floating membrane cover means a cover consisting of a synthetic
flexible membrane material that rests upon and is supported by the
hazardous secondary material being managed in a surface impoundment.
Floating roof means a cover consisting of a double deck, pontoon
single deck, or internal floating cover which rests upon and is
supported by the material being contained, and is equipped with a
continuous seal.
Hard-piping means pipe or tubing that is manufactured and properly
installed in accordance with relevant standards and good engineering
practices.
In light material service means the container is used to manage a
material for which both of the following conditions apply: The vapor
pressure of one or more of the organic constituents in the material is
greater than 0.3 kilopascals (kPa) at 20 [deg]C; and the total
concentration of the pure organic constituents having a vapor pressure
greater than 0.3 kPa at 20 [deg]C is equal to or greater than 20 percent
by weight.
Internal floating roof means a cover that rests or floats on the
material surface (but not necessarily in complete contact with it)
inside a tank that has a fixed roof.
Liquid-mounted seal means a foam or liquid-filled primary seal
mounted in contact with the hazardous secondary material between the
tank wall and the floating roof continuously around the circumference of
the tank.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner. Failures
that are caused in part by poor maintenance or careless operation are
not malfunctions.
Material determination means performing all applicable procedures in
accordance with the requirements of Sec. 261.1084 of this subpart to
determine
[[Page 192]]
whether a hazardous secondary material meets standards specified in this
subpart. Examples of a material determination include performing the
procedures in accordance with the requirements of Sec. 261.1084 of this
subpart to determine the average VO concentration of a hazardous
secondary material at the point of material origination; the average VO
concentration of a hazardous secondary material at the point of material
treatment and comparing the results to the exit concentration limit
specified for the process used to treat the hazardous secondary
material; the organic reduction efficiency and the organic
biodegradation efficiency for a biological process used to treat a
hazardous secondary material and comparing the results to the applicable
standards; or the maximum volatile organic vapor pressure for a
hazardous secondary material in a tank and comparing the results to the
applicable standards.
Maximum organic vapor pressure means the sum of the individual
organic constituent partial pressures exerted by the material contained
in a tank, at the maximum vapor pressure-causing conditions (i.e.,
temperature, agitation, pH effects of combining materials, etc.)
reasonably expected to occur in the tank. For the purpose of this
subpart, maximum organic vapor pressure is determined using the
procedures specified in Sec. 261.1084(c) of this subpart.
Metallic shoe seal means a continuous seal that is constructed of
metal sheets which are held vertically against the wall of the tank by
springs, weighted levers, or other mechanisms and is connected to the
floating roof by braces or other means. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec.
261.1084(d) of this subpart.
Point of material origination means as follows:
(1) When the remanufacturer or other person that stores or treats
the hazardous secondary material is the generator of the hazardous
secondary material, the point of material origination means the point
where a material produced by a system, process, or material management
unit is determined to be a hazardous secondary material excluded under
Sec. 261.4(a)(27).
Note to paragraph (1) of the definition of Point of material
origination: In this case, this term is being used in a manner similar
to the use of the term ``point of generation'' in air standards
established under authority of the Clean Air Act in 40 CFR parts 60, 61,
and 63.
(2) When the remanufacturer or other person that stores or treats
the hazardous secondary material is not the generator of the hazardous
secondary material, point of material origination means the point where
the remanufacturer or other person that stores or treats the hazardous
secondary material accepts delivery or takes possession of the hazardous
secondary material.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purpose of this subpart, a safety device is not used for routine venting
of gases or vapors from the vapor headspace underneath a cover such as
during filling of the unit or to adjust the pressure in this vapor
headspace in response to normal daily diurnal ambient temperature
fluctuations. A safety device is designed to remain in a closed position
during normal operations and open only when the internal pressure, or
another relevant parameter, exceeds the device threshold setting
applicable to the air emission control equipment as determined by the
remanufacturer or other person that stores or treats the hazardous
secondary material based on manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering
[[Page 193]]
codes and practices, or other requirements for the safe handling of
flammable, ignitable, explosive, reactive, or hazardous materials.
Single-seal system means a floating roof having one continuous seal.
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
Vapor-mounted seal means a continuous seal that is mounted such that
there is a vapor space between the hazardous secondary material in the
unit and the bottom of the seal.
Volatile organic concentration or VO concentration means the
fraction by weight of the volatile organic compounds contained in a
hazardous secondary material expressed in terms of parts per million
(ppmw) as determined by direct measurement or by knowledge of the
material in accordance with the requirements of Sec. 261.1084 of this
subpart. For the purpose of determining the VO concentration of a
hazardous secondary material, organic compounds with a Henry's law
constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as
1.8 x 10-6atmospheres/gram-mole/m\3\) at 25 degrees Celsius
must be included.
Sec. 261.1082 Standards: General.
(a) This section applies to the management of hazardous secondary
material in tanks and containers subject to this subpart.
(b) The remanufacturer or other person that stores or treats the
hazardous secondary material shall control air pollutant emissions from
each hazardous secondary material management unit in accordance with
standards specified in Sec. Sec. 261.1084 through 261.1087 of this
subpart, as applicable to the hazardous secondary material management
unit, except as provided for in paragraph (c) of this section.
(c) A tank or container is exempt from standards specified in
Sec. Sec. 261.1084 through 261.1087 of this subpart, as applicable,
provided that the hazardous secondary material management unit is a tank
or container for which all hazardous secondary material entering the
unit has an average VO concentration at the point of material
origination of less than 500 parts per million by weight (ppmw). The
average VO concentration shall be determined using the procedures
specified in Sec. 261.1083(a) of this subpart. The remanufacturer or
other person that stores or treats the hazardous secondary material
shall review and update, as necessary, this determination at least once
every 12 months following the date of the initial determination for the
hazardous secondary material streams entering the unit.
Sec. 261.1083 Material determination procedures.
(a) Material determination procedure to determine average volatile
organic (VO) concentration of a hazardous secondary material at the
point of material origination. (1) Determining average VO concentration
at the point of material origination. A remanufacturer or other person
that stores or treats the hazardous secondary material shall determine
the average VO concentration at the point of material origination for
each hazardous secondary material placed in a hazardous secondary
material management unit exempted under the provisions of Sec.
261.1082(c)(1) of this subpart from using air emission controls in
accordance with standards specified in Sec. Sec. 261.1084 through
261.1087 of this subpart, as applicable to the hazardous secondary
material management unit.
(i) An initial determination of the average VO concentration of the
material stream shall be made before the first time any portion of the
material in the hazardous secondary material stream is placed in a
hazardous secondary material management unit exempted under the
provisions of Sec. 261.1082(c)(1) of this subpart from using air
emission controls, and thereafter an initial determination of the
average VO concentration of the material stream shall be made for each
averaging period that a hazardous secondary material is managed in the
unit; and
(ii) Perform a new material determination whenever changes to the
source generating the material stream are reasonably likely to cause the
average VO concentration of the hazardous secondary material to increase
to a level that is equal to or greater than
[[Page 194]]
the applicable VO concentration limits specified in Sec. 261.1082 of
this subpart.
(2) Determination of average VO concentration using direct
measurement or knowledge. For a material determination that is required
by paragraph (a)(1) of this section, the average VO concentration of a
hazardous secondary material at the point of material origination shall
be determined using either direct measurement as specified in paragraph
(a)(3) of this section or by knowledge as specified in paragraph (a)(4)
of this section.
(3) Direct measurement to determine average VO concentration of a
hazardous secondary material at the point of material origination--(i)
Identification. The remanufacturer or other person that stores or treats
the hazardous secondary material shall identify and record in a log that
is kept at the facility the point of material origination for the
hazardous secondary material.
(ii) Sampling. Samples of the hazardous secondary material stream
shall be collected at the point of material origination in a manner such
that volatilization of organics contained in the material and in the
subsequent sample is minimized and an adequately representative sample
is collected and maintained for analysis by the selected method.
(A) The averaging period to be used for determining the average VO
concentration for the hazardous secondary material stream on a mass-
weighted average basis shall be designated and recorded. The averaging
period can represent any time interval that the remanufacturer or other
person that stores or treats the hazardous secondary material determines
is appropriate for the hazardous secondary material stream but shall not
exceed 1 year.
(B) A sufficient number of samples, but no less than four samples,
shall be collected and analyzed for a hazardous secondary material
determination. All of the samples for a given material determination
shall be collected within a one-hour period. The average of the four or
more sample results constitutes a material determination for the
material stream. One or more material determinations may be required to
represent the complete range of material compositions and quantities
that occur during the entire averaging period due to normal variations
in the operating conditions for the source or process generating the
hazardous secondary material stream. Examples of such normal variations
are seasonal variations in material quantity or fluctuations in ambient
temperature.
(C) All samples shall be collected and handled in accordance with
written procedures prepared by the remanufacturer or other person that
stores or treats the hazardous secondary material and documented in a
site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous secondary material stream are
collected such that a minimum loss of organics occurs throughout the
sample collection and handling process, and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained at
the facility. An example of acceptable sample collection and handling
procedures for a total volatile organic constituent concentration may be
found in Method 25D in 40 CFR part 60, appendix A.
(D) Sufficient information, as specified in the ``site sampling
plan'' required under paragraph (a)(3)(ii)(C) of this section, shall be
prepared and recorded to document the material quantity represented by
the samples and, as applicable, the operating conditions for the source
or process generating the hazardous secondary material represented by
the samples.
(iii) Analysis. Each collected sample shall be prepared and analyzed
in accordance with Method 25D in 40 CFR part 60, appendix A for the
total concentration of volatile organic constituents, or using one or
more methods when the individual organic compound concentrations are
identified and summed and the summed material concentration accounts for
and reflects all organic compounds in the material with Henry's law
constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as
1.8 x 10-6atmospheres/gram-mole/m\3\] at 25 degrees Celsius.
At the discretion of the remanufacturer or other person
[[Page 195]]
that stores or treats the hazardous secondary material, the test data
obtained may be adjusted by any appropriate method to discount any
contribution to the total volatile organic concentration that is a
result of including a compound with a Henry's law constant value of less
than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured
concentration of each individual chemical constituent contained in the
material is multiplied by the appropriate constituent-specific
adjustment factor (fm25D). If the remanufacturer or other
person that stores or treats the hazardous secondary material elects to
adjust the test data, the adjustment must be made to all individual
chemical constituents with a Henry's law constant value greater than or
equal to 0.1 Y/X at 25 degrees Celsius contained in the material.
Constituent-specific adjustment factors (fm25D) can be
obtained by contacting the Waste and Chemical Processes Group, Office of
Air Quality Planning and Standards, Research Triangle Park, NC 27711.
Other test methods may be used if they meet the requirements in
paragraph (a)(3)(iii)(A) or (B) of this section and provided the
requirement to reflect all organic compounds in the material with
Henry's law constant values greater than or equal to 0.1 Y/X [which can
also be expressed as 1.8 x 10-6atmospheres/gram-mole/m\3\] at
25 degrees Celsius, is met.
(A) Any EPA standard method that has been validated in accordance
with ``Alternative Validation Procedure for EPA Waste and Wastewater
Methods,'' 40 CFR part 63, appendix D.
(B) Any other analysis method that has been validated in accordance
with the procedures specified in Section 5.1 or Section 5.3, and the
corresponding calculations in Section 6.1 or Section 6.3, of Method 301
in 40 CFR part 63, appendix A. The data are acceptable if they meet the
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
correction is required under section 6.3.3 of Method 301, the data are
acceptable if the correction factor is within the range 0.7 to 1.30.
Other sections of Method 301 are not required.
(iv) Calculations. (A) The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all material
determinations conducted in accordance with paragraphs (a)(3)(ii) and
(iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JA15.002
Where:
C = Average VO concentration of the hazardous secondary material at the
point of material origination on a mass-weighted basis, ppmw.
i = Individual material determination ``i'' of the hazardous secondary
material.
n = Total number of material determinations of the hazardous secondary
material conducted for the averaging period (not to exceed 1
year).
Qi = Mass quantity of hazardous secondary material stream
represented by Ci, kg/hr.
QT = Total mass quantity of hazardous secondary material
during the averaging period, kg/hr.
Ci = Measured VO concentration of material determination
``i'' as determined in accordance with the requirements of
paragraph (a)(3)(iii) of this section (i.e. the average of the
four or more samples specified in paragraph (a)(3)(ii)(B) of
this section), ppmw.
(B) For the purpose of determining Ci, for individual
material samples analyzed in accordance with paragraph (a)(3)(iii) of
this section, the remanufacturer or other person that stores or treats
the hazardous secondary material shall account for VO concentrations
determined to be below the limit of detection of the analytical method
by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, appendix A is used for the
analysis, one-half the blank value determined in the method at section
4.4 of Method 25D in 40 CFR part 60, appendix A.
[[Page 196]]
(2) If any other analytical method is used, one-half the sum of the
limits of detection established for each organic constituent in the
material that has a Henry's law constant values at least 0.1 mole-
fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10-6atmospheres/gram-
mole/m\3\] at 25 degrees Celsius.
(4) Use of knowledge by the remanufacturer or other person that
stores or treats the hazardous secondary material to determine average
VO concentration of a hazardous secondary material at the point of
material origination. (i) Documentation shall be prepared that presents
the information used as the basis for the knowledge by the
remanufacturer or other person that stores or treats the hazardous
secondary material of the hazardous secondary material stream's average
VO concentration. Examples of information that may be used as the basis
for knowledge include: Material balances for the source or process
generating the hazardous secondary material stream; constituent-specific
chemical test data for the hazardous secondary material stream from
previous testing that are still applicable to the current material
stream; previous test data for other locations managing the same type of
material stream; or other knowledge based on information included in
shipping papers or material certification notices.
(ii) If test data are used as the basis for knowledge, then the
remanufacturer or other person that stores or treats the hazardous
secondary material shall document the test method, sampling protocol,
and the means by which sampling variability and analytical variability
are accounted for in the determination of the average VO concentration.
For example, a remanufacturer or other person that stores or treats the
hazardous secondary material may use organic concentration test data for
the hazardous secondary material stream that are validated in accordance
with Method 301 in 40 CFR part 63, appendix A as the basis for knowledge
of the material.
(iii) A remanufacturer or other person that stores or treats the
hazardous secondary material using chemical constituent-specific
concentration test data as the basis for knowledge of the hazardous
secondary material may adjust the test data to the corresponding average
VO concentration value which would have been obtained had the material
samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To
adjust these data, the measured concentration for each individual
chemical constituent contained in the material is multiplied by the
appropriate constituent-specific adjustment factor (fm25D).
(iv) In the event that the Regional Administrator and the
remanufacture or other person that stores or treats the hazardous
secondary material disagree on a determination of the average VO
concentration for a hazardous secondary material stream using knowledge,
then the results from a determination of average VO concentration using
direct measurement as specified in paragraph (a)(3) of this section
shall be used to establish compliance with the applicable requirements
of this subpart. The Regional Administrator may perform or request that
the remanufacturer or other person that stores or treats the hazardous
secondary material perform this determination using direct measurement.
The remanufacturer or other person that stores or treats the hazardous
secondary material may choose one or more appropriate methods to analyze
each collected sample in accordance with the requirements of paragraph
(a)(3)(iii) of this section.
(b) [Reserved]
(c) Procedure to determine the maximum organic vapor pressure of a
hazardous secondary material in a tank. (1) A remanufacturer or other
person that stores or treats the hazardous secondary material shall
determine the maximum organic vapor pressure for each hazardous
secondary material placed in a tank using Tank Level 1 controls in
accordance with standards specified in Sec. 261.1084(c) of this
subpart.
(2) A remanufacturer or other person that stores or treats the
hazardous secondary material shall use either direct measurement as
specified in paragraph (c)(3) of this section or knowledge of the waste
as specified by paragraph (c)(4) of this section to determine the
maximum organic vapor pressure
[[Page 197]]
which is representative of the hazardous secondary material composition
stored or treated in the tank.
(3) Direct measurement to determine the maximum organic vapor
pressure of a hazardous secondary material.
(i) Sampling. A sufficient number of samples shall be collected to
be representative of the hazardous secondary material contained in the
tank. All samples shall be collected and handled in accordance with
written procedures prepared by the remanufacturer or other person that
stores or treats the hazardous secondary material and documented in a
site sampling plan. This plan shall describe the procedure by which
representative samples of the hazardous secondary material are collected
such that a minimum loss of organics occurs throughout the sample
collection and handling process and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained at
the facility. An example of acceptable sample collection and handling
procedures may be found in Method 25D in 40 CFR part 60, appendix A.
(ii) Analysis. Any appropriate one of the following methods may be
used to analyze the samples and compute the maximum organic vapor
pressure of the hazardous secondary material:
(A) Method 25E in 40 CFR part 60 appendix A;
(B) Methods described in American Petroleum Institute Publication
2517, Third Edition, February 1989, ``Evaporative Loss from External
Floating-Roof Tanks,'' (incorporated by reference--refer to Sec. 260.11
of this chapter);
(C) Methods obtained from standard reference texts;
(D) ASTM Method 2879-92 (incorporated by reference--refer to Sec.
260.11 of this chapter); and
(E) Any other method approved by the Regional Administrator.
(4) Use of knowledge to determine the maximum organic vapor pressure
of the hazardous secondary material. Documentation shall be prepared and
recorded that presents the information used as the basis for the
knowledge by the remanufacturer or other person that stores or treats
the hazardous secondary material that the maximum organic vapor pressure
of the hazardous secondary material is less than the maximum vapor
pressure limit listed in Sec. 261.1085(b)(1)(i) of this subpart for the
applicable tank design capacity category. An example of information that
may be used is documentation that the hazardous secondary material is
generated by a process for which at other locations it previously has
been determined by direct measurement that the hazardous secondary
material's waste maximum organic vapor pressure is less than the maximum
vapor pressure limit for the appropriate tank design capacity category.
(d) Procedure for determining no detectable organic emissions for
the purpose of complying with this subpart:
(1) The test shall be conducted in accordance with the procedures
specified in Method 21 of 40 CFR part 60, appendix A. Each potential
leak interface (i.e., a location where organic vapor leakage could
occur) on the cover and associated closure devices shall be checked.
Potential leak interfaces that are associated with covers and closure
devices include, but are not limited to: The interface of the cover and
its foundation mounting; the periphery of any opening on the cover and
its associated closure device; and the sealing seat interface on a
spring-loaded pressure relief valve.
(2) The test shall be performed when the unit contains a hazardous
secondary material having an organic concentration representative of the
range of concentrations for the hazardous secondary material expected to
be managed in the unit. During the test, the cover and closure devices
shall be secured in the closed position.
(3) The detection instrument shall meet the performance criteria of
Method 21 of 40 CFR part 60, appendix A, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
average composition of the organic constituents in the hazardous
secondary material placed in the hazardous secondary management unit,
not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of 40 CFR part
60, appendix A.
[[Page 198]]
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air), and
(ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 ppmv methane or n-hexane.
(6) The background level shall be determined according to the
procedures in Method 21 of 40 CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing the
instrument probe around the potential leak interface as close to the
interface as possible, as described in Method 21 of 40 CFR part 60,
appendix A. In the case when the configuration of the cover or closure
device prevents a complete traverse of the interface, all accessible
portions of the interface shall be sampled. In the case when the
configuration of the closure device prevents any sampling at the
interface and the device is equipped with an enclosed extension or horn
(e.g., some pressure relief devices), the instrument probe inlet shall
be placed at approximately the center of the exhaust area to the
atmosphere.
(8) The arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level shall
be compared with the value of 500 ppmv except when monitoring a seal
around a rotating shaft that passes through a cover opening, in which
case the comparison shall be as specified in paragraph (d)(9) of this
section. If the difference is less than 500 ppmv, then the potential
leak interface is determined to operate with no detectable organic
emissions.
(9) For the seals around a rotating shaft that passes through a
cover opening, the arithmetic difference between the maximum organic
concentration indicated by the instrument and the background level shall
be compared with the value of 10,000 ppmw. If the difference is less
than 10,000 ppmw, then the potential leak interface is determined to
operate with no detectable organic emissions.
Sec. 261.1084 Standards: tanks.
(a) The provisions of this section apply to the control of air
pollutant emissions from tanks for which Sec. 261.1082(b) of this
subpart references the use of this section for such air emission
control.
(b) The remanufacturer or other person that stores or treats the
hazardous secondary material shall control air pollutant emissions from
each tank subject to this section in accordance with the following
requirements as applicable:
(1) For a tank that manages hazardous secondary material that meets
all of the conditions specified in paragraphs (b)(1)(i) through (iii) of
this section, the remanufacturer or other person that stores or treats
the hazardous secondary material shall control air pollutant emissions
from the tank in accordance with the Tank Level 1 controls specified in
paragraph (c) of this section or the Tank Level 2 controls specified in
paragraph (d) of this section.
(i) The hazardous secondary material in the tank has a maximum
organic vapor pressure which is less than the maximum organic vapor
pressure limit for the tank's design capacity category as follows:
(A) For a tank design capacity equal to or greater than 151 m\3\,
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or greater than 75 m\3\ but
less than 151 m\3\, the maximum organic vapor pressure limit for the
tank is 27.6 kPa.
(C) For a tank design capacity less than 75 m\3\, the maximum
organic vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous secondary material in the tank is not heated by
the remanufacturer or other person that stores or treats the hazardous
secondary material to a temperature that is greater than the temperature
at which the maximum organic vapor pressure of the hazardous secondary
material is determined for the purpose of complying with paragraph
(b)(1)(i) of this section.
(2) For a tank that manages hazardous secondary material that does
not meet all of the conditions specified in paragraphs (b)(1)(i) through
(iii) of this section, the remanufacturer or other person that stores or
treats the
[[Page 199]]
hazardous secondary material shall control air pollutant emissions from
the tank by using Tank Level 2 controls in accordance with the
requirements of paragraph (d) of this section. An example of tanks
required to use Tank Level 2 controls is a tank for which the hazardous
secondary material in the tank has a maximum organic vapor pressure that
is equal to or greater than the maximum organic vapor pressure limit for
the tank's design capacity category as specified in paragraph (b)(1)(i)
of this section.
(c) Remanufacturers or other persons that store or treats the
hazardous secondary material controlling air pollutant emissions from a
tank using Tank Level 1 controls shall meet the requirements specified
in paragraphs (c)(1) through (4) of this section:
(1) The remanufacturer or other person that stores or treats that
hazardous secondary material shall determine the maximum organic vapor
pressure for a hazardous secondary material to be managed in the tank
using Tank Level 1 controls before the first time the hazardous
secondary material is placed in the tank. The maximum organic vapor
pressure shall be determined using the procedures specified in Sec.
261.1083(c) of this subpart. Thereafter, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
perform a new determination whenever changes to the hazardous secondary
material managed in the tank could potentially cause the maximum organic
vapor pressure to increase to a level that is equal to or greater than
the maximum organic vapor pressure limit for the tank design capacity
category specified in paragraph (b)(1)(i) of this section, as applicable
to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet
the following specifications:
(i) The fixed roof and its closure devices shall be designed to form
a continuous barrier over the entire surface area of the hazardous
secondary material in the tank. The fixed roof may be a separate cover
installed on the tank (e.g., a removable cover mounted on an open-top
tank) or may be an integral part of the tank structural design (e.g., a
horizontal cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a manner such that there
are no visible cracks, holes, gaps, or other open spaces between roof
section joints or between the interface of the roof edge and the tank
wall.
(iii) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either:
(A) Equipped with a closure device designed to operate such that
when the closure device is secured in the closed position there are no
visible cracks, holes, gaps, or other open spaces in the closure device
or between the perimeter of the opening and the closure device; or
(B) Connected by a closed-vent system that is vented to a control
device. The control device shall remove or destroy organics in the vent
stream, and shall be operating whenever hazardous secondary material is
managed in the tank, except as provided for in paragraphs
(c)(2)(iii)(B)(1) and (2) of this section.
(1) During periods when it is necessary to provide access to the
tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of
this section, venting of the vapor headspace underneath the fixed roof
to the control device is not required, opening of closure devices is
allowed, and removal of the fixed roof is allowed. Following completion
of the activity, the remanufacturer or other person that stores or
treats the hazardous secondary material shall promptly secure the
closure device in the closed position or reinstall the cover, as
applicable, and resume operation of the control device.
(2) During periods of routine inspection, maintenance, or other
activities needed for normal operations, and for removal of accumulated
sludge or other residues from the bottom of the tank.
(iv) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous
secondary material to the atmosphere, to the extent practical, and will
maintain the integrity of the fixed roof and closure devices throughout
their intended service life. Factors to be considered when selecting the
[[Page 200]]
materials for and designing the fixed roof and closure devices shall
include: organic vapor permeability, the effects of any contact with the
hazardous secondary material or its vapors managed in the tank; the
effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the tank on which the fixed roof is
installed.
(3) Whenever a hazardous secondary material is in the tank, the
fixed roof shall be installed with each closure device secured in the
closed position except as follows:
(i) Opening of closure devices or removal of the fixed roof is
allowed at the following times:
(A) To provide access to the tank for performing routine inspection,
maintenance, or other activities needed for normal operations. Examples
of such activities include those times when a worker needs to open a
port to sample the liquid in the tank, or when a worker needs to open a
hatch to maintain or repair equipment. Following completion of the
activity, the remanufacturer or other person that stores or treats the
hazardous secondary material shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable, to the tank.
(B) To remove accumulated sludge or other residues from the bottom
of tank.
(ii) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the tank internal pressure in accordance with the tank
design specifications. The device shall be designed to operate with no
detectable organic emissions when the device is secured in the closed
position. The settings at which the device opens shall be established
such that the device remains in the closed position whenever the tank
internal pressure is within the internal pressure operating range
determined by the remanufacturer or other person that stores or treats
the hazardous secondary material based on the tank manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, ignitable, explosive, reactive, or
hazardous materials. Examples of normal operating conditions that may
require these devices to open are during those times when the tank
internal pressure exceeds the internal pressure operating range for the
tank as a result of loading operations or diurnal ambient temperature
fluctuations.
(iii) Opening of a safety device, as defined in Sec. 261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the air emission control
equipment in accordance with the following requirements.
(i) The fixed roof and its closure devices shall be visually
inspected by the remanufacturer or other person that stores or treats
the hazardous secondary material to check for defects that could result
in air pollutant emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(ii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform an initial inspection of the
fixed roof and its closure devices on or before the date that the tank
becomes subject to this section. Thereafter, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
perform the inspections at least once every year except under the
special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of paragraph
(k) of this section.
(iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a
[[Page 201]]
record of the inspection in accordance with the requirements specified
in Sec. 261.1089(b) of this subpart.
(d) Remanufacturers or other persons that store or treat the
hazardous secondary material controlling air pollutant emissions from a
tank using Tank Level 2 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an internal floating roof in
accordance with the requirements specified in paragraph (e) of this
section;
(2) A tank equipped with an external floating roof in accordance
with the requirements specified in paragraph (f) of this section;
(3) A tank vented through a closed-vent system to a control device
in accordance with the requirements specified in paragraph (g) of this
section;
(4) A pressure tank designed and operated in accordance with the
requirements specified in paragraph (h) of this section; or
(5) A tank located inside an enclosure that is vented through a
closed-vent system to an enclosed combustion control device in
accordance with the requirements specified in paragraph (i) of this
section.
(e) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions from a
tank using a fixed roof with an internal floating roof shall meet the
requirements specified in paragraphs (e)(1) through (3) of this section.
(1) The tank shall be equipped with a fixed roof and an internal
floating roof in accordance with the following requirements:
(i) The internal floating roof shall be designed to float on the
liquid surface except when the floating roof must be supported by the
leg supports.
(ii) The internal floating roof shall be equipped with a continuous
seal between the wall of the tank and the floating roof edge that meets
either of the following requirements:
(A) A single continuous seal that is either a liquid-mounted seal or
a metallic shoe seal, as defined in Sec. 261.1081; or
(B) Two continuous seals mounted one above the other. The lower seal
may be a vapor-mounted seal.
(iii) The internal floating roof shall meet the following
specifications:
(A) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and the rim space vents
is to provide a projection below the liquid surface.
(B) Each opening in the internal floating roof shall be equipped
with a gasketed cover or a gasketed lid except for leg sleeves,
automatic bleeder vents, rim space vents, column wells, ladder wells,
sample wells, and stub drains.
(C) Each penetration of the internal floating roof for the purpose
of sampling shall have a slit fabric cover that covers at least 90
percent of the opening.
(D) Each automatic bleeder vent and rim space vent shall be
gasketed.
(E) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(F) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall operate the tank in accordance with
the following requirements:
(i) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall
be completed as soon as practical.
(ii) Automatic bleeder vents are to be set closed at all times when
the roof is floating, except when the roof is being floated off or is
being landed on the leg supports.
(iii) Prior to filling the tank, each cover, access hatch, gauge
float well or lid on any opening in the internal floating roof shall be
bolted or fastened closed (i.e., no visible gaps). Rim space vents are
to be set to open only when the internal floating roof is not floating
or when the pressure beneath the rim exceeds the manufacturer's
recommended setting.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the
[[Page 202]]
internal floating roof in accordance with the procedures specified as
follows:
(i) The floating roof and its closure devices shall be visually
inspected by the remanufacture or other person that stores or treats the
hazardous secondary material to check for defects that could result in
air pollutant emissions. Defects include, but are not limited to: The
internal floating roof is not floating on the surface of the liquid
inside the tank; liquid has accumulated on top of the internal floating
roof; any portion of the roof seals have detached from the roof rim;
holes, tears, or other openings are visible in the seal fabric; the
gaskets no longer close off the hazardous secondary material surface
from the atmosphere; or the slotted membrane has more than 10 percent
open area.
(ii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the internal floating roof
components as follows except as provided in paragraph (e)(3)(iii) of
this section:
(A) Visually inspect the internal floating roof components through
openings on the fixed-roof (e.g., manholes and roof hatches) at least
once every 12 months after initial fill, and
(B) Visually inspect the internal floating roof, primary seal,
secondary seal (if one is in service), gaskets, slotted membranes, and
sleeve seals (if any) each time the tank is emptied and degassed and at
least every 10 years.
(iii) As an alternative to performing the inspections specified in
paragraph (e)(3)(ii) of this section for an internal floating roof
equipped with two continuous seals mounted one above the other, the
remanufacturer or other person that stores or treats the hazardous
secondary material may visually inspect the internal floating roof,
primary and secondary seals, gaskets, slotted membranes, and sleeve
seals (if any) each time the tank is emptied and degassed and at least
every five years.
(iv) Prior to each inspection required by paragraph (e)(3)(ii) or
(iii) of this section, the remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator in advance of each inspection to provide the Regional
Administrator with the opportunity to have an observer present during
the inspection. The remanufacturer or other person that stores or treats
the hazardous secondary material shall notify the Regional Administrator
of the date and location of the inspection as follows:
(A) Prior to each visual inspection of an internal floating roof in
a tank that has been emptied and degassed, written notification shall be
prepared and sent by the remanufacturer or other person that stores or
treats the hazardous secondary material so that it is received by the
Regional Administrator at least 30 calendar days before refilling the
tank except when an inspection is not planned as provided for in
paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned and the remanufacturer
or other person that stores or treats the hazardous secondary material
could not have known about the inspection 30 calendar days before
refilling the tank, the remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator as soon as possible, but no later than seven calendar days
before refilling of the tank. This notification may be made by telephone
and immediately followed by a written explanation for why the inspection
is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that it is
received by the Regional Administrator at least seven calendar days
before refilling the tank.
(v) In the event that a defect is detected, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of paragraph
(k) of this section.
(vi) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 261.1089(b) of
this subpart.
(4) Safety devices, as defined in Sec. 261.1081, may be installed
and operated as necessary on any tank complying with the requirements of
paragraph (e) of this section.
[[Page 203]]
(f) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions from a
tank using an external floating roof shall meet the requirements
specified in paragraphs (f)(1) through (3) of this section.
(1) The remanufacturer or other person that stores or treats the
hazardous secondary material shall design the external floating roof in
accordance with the following requirements:
(i) The external floating roof shall be designed to float on the
liquid surface except when the floating roof must be supported by the
leg supports.
(ii) The floating roof shall be equipped with two continuous seals,
one above the other, between the wall of the tank and the roof edge. The
lower seal is referred to as the primary seal, and the upper seal is
referred to as the secondary seal.
(A) The primary seal shall be a liquid-mounted seal or a metallic
shoe seal, as defined in 40 CFR 261.1081. The total area of the gaps
between the tank wall and the primary seal shall not exceed 212 square
centimeters (cm\2\) per meter of tank diameter, and the width of any
portion of these gaps shall not exceed 3.8 centimeters (cm). If a
metallic shoe seal is used for the primary seal, the metallic shoe seal
shall be designed so that one end extends into the liquid in the tank
and the other end extends a vertical distance of at least 61 centimeters
above the liquid surface.
(B) The secondary seal shall be mounted above the primary seal and
cover the annular space between the floating roof and the wall of the
tank. The total area of the gaps between the tank wall and the secondary
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank
diameter, and the width of any portion of these gaps shall not exceed
1.3 centimeters (cm).
(iii) The external floating roof shall meet the following
specifications:
(A) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in a noncontact external floating roof
shall provide a projection below the liquid surface.
(B) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be equipped with
a gasketed cover, seal, or lid.
(C) Each access hatch and each gauge float well shall be equipped
with a cover designed to be bolted or fastened when the cover is secured
in the closed position.
(D) Each automatic bleeder vent and each rim space vent shall be
equipped with a gasket.
(E) Each roof drain that empties into the liquid managed in the tank
shall be equipped with a slotted membrane fabric cover that covers at
least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
(G) Each unslotted guide pole shall be equipped with a gasketed cap
on the end of the pole.
(H) Each slotted guide pole shall be equipped with a gasketed float
or other device which closes off the liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well shall be equipped with a
gasketed cover.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall operate the tank in accordance with
the following requirements:
(i) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall
be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be secured and
maintained in a closed position at all times except when the closure
device must be open for access.
(iii) Covers on each access hatch and each gauge float well shall be
bolted or fastened when secured in the closed position.
(iv) Automatic bleeder vents shall be set closed at all times when
the roof is floating, except when the roof is being floated off or is
being landed on the leg supports.
(v) Rim space vents shall be set to open only at those times that
the roof is being floated off the roof leg supports or when the pressure
beneath the
[[Page 204]]
rim seal exceeds the manufacturer's recommended setting.
(vi) The cap on the end of each unslotted guide pole shall be
secured in the closed position at all times except when measuring the
level or collecting samples of the liquid in the tank.
(vii) The cover on each gauge hatch or sample well shall be secured
in the closed position at all times except when the hatch or well must
be opened for access.
(viii) Both the primary seal and the secondary seal shall completely
cover the annular space between the external floating roof and the wall
of the tank in a continuous fashion except during inspections.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect the external floating roof in
accordance with the procedures specified as follows:
(i) The remanufacturer or other person that stores or treats the
hazardous secondary material shall measure the external floating roof
seal gaps in accordance with the following requirements:
(A) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform measurements of gaps between
the tank wall and the primary seal within 60 calendar days after initial
operation of the tank following installation of the floating roof and,
thereafter, at least once every 5 years.
(B) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform measurements of gaps between
the tank wall and the secondary seal within 60 calendar days after
initial operation of the tank following installation of the floating
roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous secondary material for a
period of 1 year or more, subsequent introduction of hazardous secondary
material into the tank shall be considered an initial operation for the
purposes of paragraphs (f)(3)(i)(A) and (B) of this section.
(D) The remanufacturer or other person that stores or treats the
hazardous secondary material shall determine the total surface area of
gaps in the primary seal and in the secondary seal individually using
the following procedure:
(1) The seal gap measurements shall be performed at one or more
floating roof levels when the roof is floating off the roof supports.
(2) Seal gaps, if any, shall be measured around the entire perimeter
of the floating roof in each place where a 0.32-centimeter (cm) diameter
uniform probe passes freely (without forcing or binding against the
seal) between the seal and the wall of the tank and measure the
circumferential distance of each such location.
(3) For a seal gap measured under paragraph (f)(3) of this section,
the gap surface area shall be determined by using probes of various
widths to measure accurately the actual distance from the tank wall to
the seal and multiplying each such width by its respective
circumferential distance.
(4) The total gap area shall be calculated by adding the gap surface
areas determined for each identified gap location for the primary seal
and the secondary seal individually, and then dividing the sum for each
seal type by the nominal diameter of the tank. These total gap areas for
the primary seal and secondary seal are then compared to the respective
standards for the seal type as specified in paragraph (f)(1)(ii) of this
section.
(E) In the event that the seal gap measurements do not conform to
the specifications in paragraph (f)(1)(ii) of this section, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect in accordance with the
requirements of paragraph (k) of this section.
(F) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 261.1089(b) of
this subpart.
(ii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall visually inspect the external
floating roof in accordance with the following requirements:
[[Page 205]]
(A) The floating roof and its closure devices shall be visually
inspected by the remanufacturer or other person that stores or treats
the hazardous secondary material to check for defects that could result
in air pollutant emissions. Defects include, but are not limited to:
Holes, tears, or other openings in the rim seal or seal fabric of the
floating roof; a rim seal detached from the floating roof; all or a
portion of the floating roof deck being submerged below the surface of
the liquid in the tank; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(B) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform an initial inspection of the
external floating roof and its closure devices on or before the date
that the tank becomes subject to this section. Thereafter, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall perform the inspections at least once every
year except for the special conditions provided for in paragraph (l) of
this section.
(C) In the event that a defect is detected, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of paragraph
(k) of this section.
(D) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 261.1089(b) of
this subpart.
(iii) Prior to each inspection required by paragraph (f)(3)(i) or
(ii) of this section, the remanufacturer or other person that stores or
treats the hazardous secondary material shall notify the Regional
Administrator in advance of each inspection to provide the Regional
Administrator with the opportunity to have an observer present during
the inspection. The remanufacturer or other person that stores or treats
the hazardous secondary material shall notify the Regional Administrator
of the date and location of the inspection as follows:
(A) Prior to each inspection to measure external floating roof seal
gaps as required under paragraph (f)(3)(i) of this section, written
notification shall be prepared and sent by the remanufacturer or other
person that stores or treats the hazardous secondary material so that it
is received by the Regional Administrator at least 30 calendar days
before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an external floating roof in
a tank that has been emptied and degassed, written notification shall be
prepared and sent by the remanufacturer or other person that stores or
treats the hazardous secondary material so that it is received by the
Regional Administrator at least 30 calendar days before refilling the
tank except when an inspection is not planned as provided for in
paragraph (f)(3)(iii)(C) of this section.
(C) When a visual inspection is not planned and the remanufacturer
or other person that stores or treats the hazardous secondary material
could not have known about the inspection 30 calendar days before
refilling the tank, the owner or operator shall notify the Regional
Administrator as soon as possible, but no later than seven calendar days
before refilling of the tank. This notification may be made by telephone
and immediately followed by a written explanation for why the inspection
is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that it is
received by the Regional Administrator at least seven calendar days
before refilling the tank.
(4) Safety devices, as defined in Sec. 261.1081, may be installed
and operated as necessary on any tank complying with the requirements of
paragraph (f) of this section.
(g) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions from a
tank by venting the tank to a control device shall meet the requirements
specified in paragraphs (g)(1) through (3) of this section.
(1) The tank shall be covered by a fixed roof and vented directly
through
[[Page 206]]
a closed-vent system to a control device in accordance with the
following requirements:
(i) The fixed roof and its closure devices shall be designed to form
a continuous barrier over the entire surface area of the liquid in the
tank.
(ii) Each opening in the fixed roof not vented to the control device
shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the fixed roof is less than atmospheric pressure
when the control device is operating, the closure devices shall be
designed to operate such that when the closure device is secured in the
closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the cover
opening and the closure device. If the pressure in the vapor headspace
underneath the fixed roof is equal to or greater than atmospheric
pressure when the control device is operating, the closure device shall
be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices shall be made of
suitable materials that will minimize exposure of the hazardous
secondary material to the atmosphere, to the extent practical, and will
maintain the integrity of the fixed roof and closure devices throughout
their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices shall
include: Organic vapor permeability, the effects of any contact with the
liquid and its vapor managed in the tank; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices
used for the tank on which the fixed roof is installed.
(iv) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 261.1087 of this
subpart.
(2) Whenever a hazardous secondary material is in the tank, the
fixed roof shall be installed with each closure device secured in the
closed position and the vapor headspace underneath the fixed roof vented
to the control device except as follows:
(i) Venting to the control device is not required, and opening of
closure devices or removal of the fixed roof is allowed at the following
times:
(A) To provide access to the tank for performing routine inspection,
maintenance, or other activities needed for normal operations. Examples
of such activities include those times when a worker needs to open a
port to sample liquid in the tank, or when a worker needs to open a
hatch to maintain or repair equipment. Following completion of the
activity, the remanufacturer or other person that stores or treats the
hazardous secondary material shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable, to the tank.
(B) To remove accumulated sludge or other residues from the bottom
of a tank.
(ii) Opening of a safety device, as defined in Sec. 261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect and monitor the air emission
control equipment in accordance with the following procedures:
(i) The fixed roof and its closure devices shall be visually
inspected by the remanufacturer or other person that stores or treats
the hazardous secondary material to check for defects that could result
in air pollutant emissions. Defects include, but are not limited to,
visible cracks, holes, or gaps in the roof sections or between the roof
and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices.
(ii) The closed-vent system and control device shall be inspected
and monitored by the remanufacturer or other person that stores or
treats the hazardous secondary material in accordance with the
procedures specified in Sec. 261.1087 of this subpart.
(iii) The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform an initial inspection of the
air emission control equipment on or before the date that the tank
becomes subject to
[[Page 207]]
this section. Thereafter, the remanufacturer or other person that stores
or treats the hazardous secondary material shall perform the inspections
at least once every year except for the special conditions provided for
in paragraph (l) of this section.
(iv) In the event that a defect is detected, the remanufacture or
other person that stores or treats the hazardous secondary material
shall repair the defect in accordance with the requirements of paragraph
(k) of this section.
(v) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain a record of the inspection
in accordance with the requirements specified in Sec. 261.1089(b) of
this subpart.
(h) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions by
using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to the atmosphere as a
result of compression of the vapor headspace in the tank during filling
of the tank to its design capacity.
(2) All tank openings shall be equipped with closure devices
designed to operate with no detectable organic emissions as determined
using the procedure specified in Sec. 261.1083(d) of this subpart.
(3) Whenever a hazardous secondary material is in the tank, the tank
shall be operated as a closed system that does not vent to the
atmosphere except under either or the following conditions as specified
in paragraph (h)(3)(i) or (h)(3)(ii) of this section.
(i) At those times when opening of a safety device, as defined in
Sec. 261.1081 of this subpart, is required to avoid an unsafe
condition.
(ii) At those times when purging of inerts from the tank is required
and the purge stream is routed to a closed-vent system and control
device designed and operated in accordance with the requirements of
Sec. 261.1087 of this subpart.
(i) The remanufacturer or other person that stores or treats the
hazardous secondary material who controls air pollutant emissions by
using an enclosure vented through a closed-vent system to an enclosed
combustion control device shall meet the requirements specified in
paragraphs (i)(1) through (4) of this section.
(1) The tank shall be located inside an enclosure. The enclosure
shall be designed and operated in accordance with the criteria for a
permanent total enclosure as specified in ``Procedure T--Criteria for
and Verification of a Permanent or Temporary Total Enclosure'' under 40
CFR 52.741, appendix B. The enclosure may have permanent or temporary
openings to allow worker access; passage of material into or out of the
enclosure by conveyor, vehicles, or other mechanical means; entry of
permanent mechanical or electrical equipment; or direct airflow into the
enclosure. The remanufacturer or other person that stores or treats the
hazardous secondary material shall perform the verification procedure
for the enclosure as specified in Section 5.0 to ``Procedure T--Criteria
for and Verification of a Permanent or Temporary Total Enclosure''
initially when the enclosure is first installed and, thereafter,
annually.
(2) The enclosure shall be vented through a closed-vent system to an
enclosed combustion control device that is designed and operated in
accordance with the standards for either a vapor incinerator, boiler, or
process heater specified in Sec. 261.1087 of this subpart.
(3) Safety devices, as defined in Sec. 261.1081, may be installed
and operated as necessary on any enclosure, closed-vent system, or
control device used to comply with the requirements of paragraphs (i)(1)
and (2) of this section.
(4) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect and monitor the closed-vent
system and control device as specified in Sec. 261.1087 of this
subpart.
(j) The remanufacturer or other person that stores or treats the
hazardous secondary material shall transfer hazardous secondary material
to a tank subject to this section in accordance with the following
requirements:
(1) Transfer of hazardous secondary material, except as provided in
paragraph (j)(2) of this section, to the tank
[[Page 208]]
from another tank subject to this section shall be conducted using
continuous hard-piping or another closed system that does not allow
exposure of the hazardous secondary material to the atmosphere. For the
purpose of complying with this provision, an individual drain system is
considered to be a closed system when it meets the requirements of 40
CFR part 63, subpart RR--National Emission Standards for Individual
Drain Systems.
(2) The requirements of paragraph (j)(1) of this section do not
apply when transferring a hazardous secondary material to the tank under
any of the following conditions:
(i) The hazardous secondary material meets the average VO
concentration conditions specified in Sec. 261.1082(c)(1) of this
subpart at the point of material origination.
(ii) The hazardous secondary material has been treated by an organic
destruction or removal process to meet the requirements in Sec.
261.1082(c)(2) of this subpart.
(iii) The hazardous secondary material meets the requirements of
Sec. 261.1082(c)(4) of this subpart.
(k) The remanufacturer or other person that stores or treats the
hazardous secondary material shall repair each defect detected during an
inspection performed in accordance with the requirements of paragraph
(c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
(1) The remanufacturer or other person that stores or treats the
hazardous secondary material shall make first efforts at repair of the
defect no later than 5 calendar days after detection, and repair shall
be completed as soon as possible but no later than 45 calendar days
after detection except as provided in paragraph (k)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the
remanufacturer or other person that stores or treats the hazardous
secondary material determines that repair of the defect requires
emptying or temporary removal from service of the tank and no
alternative tank capacity is available at the site to accept the
hazardous secondary material normally managed in the tank. In this case,
the remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect the next time the process or
unit that is generating the hazardous secondary material managed in the
tank stops operation. Repair of the defect shall be completed before the
process or unit resumes operation.
(l) Following the initial inspection and monitoring of the cover as
required by the applicable provisions of this subpart, subsequent
inspection and monitoring may be performed at intervals longer than 1
year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would expose
a worker to dangerous, hazardous, or other unsafe conditions, then the
remanufacturer or other person that stores or treats the hazardous
secondary material may designate a cover as an ``unsafe to inspect and
monitor cover'' and comply with all of the following requirements:
(i) Prepare a written explanation for the cover stating the reasons
why the cover is unsafe to visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and schedule to inspect
and monitor the cover, using the procedures specified in the applicable
section of this subpart, as frequently as practicable during those times
when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely
underground, a remanufacturer or other person that stores or treats the
hazardous secondary material is required to inspect and monitor, as
required by the applicable provisions of this section, only those
portions of the tank cover and those connections to the tank (e.g., fill
ports, access hatches, gauge wells, etc.) that are located on or above
the ground surface.
Sec. 261.1085 [Reserved]
Sec. 261.1086 Standards: containers.
(a) Applicability. The provisions of this section apply to the
control of air pollutant emissions from containers for which Sec.
261.1082(b) of this subpart references the use of this section for such
air emission control.
[[Page 209]]
(b) General requirements. (1) The remanufacturer or other person
that stores or treats the hazardous secondary material shall control air
pollutant emissions from each container subject to this section in
accordance with the following requirements, as applicable to the
container.
(i) For a container having a design capacity greater than 0.1 m\3\
and less than or equal to 0.46 m\3\, the remanufacturer or other person
that stores or treats the hazardous secondary material shall control air
pollutant emissions from the container in accordance with the Container
Level 1 standards specified in paragraph (c) of this section.
(ii) For a container having a design capacity greater than 0.46 m\3\
that is not in light material service, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
control air pollutant emissions from the container in accordance with
the Container Level 1 standards specified in paragraph (c) of this
section.
(iii) For a container having a design capacity greater than 0.46
m\3\ that is in light material service, the remanufacturer or other
person that stores or treats the hazardous secondary material shall
control air pollutant emissions from the container in accordance with
the Container Level 2 standards specified in paragraph (d) of this
section.
(2) [Reserved]
(c) Container Level 1 standards. (1) A container using Container
Level 1 controls is one of the following:
(i) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
(ii) A container equipped with a cover and closure devices that form
a continuous barrier over the container openings such that when the
cover and closure devices are secured in the closed position there are
no visible holes, gaps, or other open spaces into the interior of the
container. The cover may be a separate cover installed on the container
(e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or
may be an integral part of the container structural design (e.g., a
``portable tank'' or bulk cargo container equipped with a screw-type
cap).
(iii) An open-top container in which an organic-vapor suppressing
barrier is placed on or over the hazardous secondary material in the
container such that no hazardous secondary material is exposed to the
atmosphere. One example of such a barrier is application of a suitable
organic-vapor suppressing foam.
(2) A container used to meet the requirements of paragraph
(c)(1)(ii) or (iii) of this section shall be equipped with covers and
closure devices, as applicable to the container, that are composed of
suitable materials to minimize exposure of the hazardous secondary
material to the atmosphere and to maintain the equipment integrity, for
as long as the container is in service. Factors to be considered in
selecting the materials of construction and designing the cover and
closure devices shall include: Organic vapor permeability; the effects
of contact with the hazardous secondary material or its vapor managed in
the container; the effects of outdoor exposure of the closure device or
cover material to wind, moisture, and sunlight; and the operating
practices for which the container is intended to be used.
(3) Whenever a hazardous secondary material is in a container using
Container Level 1 controls, the remanufacturer or other person that
stores or treats the hazardous secondary material shall install all
covers and closure devices for the container, as applicable to the
container, and secure and maintain each closure device in the closed
position except as follows:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous secondary material or other material to the
container as follows:
(A) In the case when the container is filled to the intended final
level in one continuous operation, the remanufacturer or other person
that stores or treats the hazardous secondary material shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the
[[Page 210]]
container, upon conclusion of the filling operation.
(B) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
either the container being filled to the intended final level; the
completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or
the shutdown of the process generating the hazardous secondary material
being added to the container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the purpose
of removing hazardous secondary material from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty hazardous secondary material container may be open to the
atmosphere at any time (i.e., covers and closure devices on such a
container are not required to be secured in the closed position).
(B) In the case when discrete quantities or batches of material are
removed from the container, but the container is not an empty hazardous
secondary material container, the remanufacturer or other person that
stores or treats the hazardous secondary material shall promptly secure
the closure devices in the closed position and install covers, as
applicable to the container, upon the completion of a batch removal
after which no additional material will be removed from the container
within 15 minutes or the person performing the unloading operation
leaves the immediate vicinity of the container, whichever condition
occurs first.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous secondary material. Examples of such activities
include those times when a worker needs to open a port to measure the
depth of or sample the material in the container, or when a worker needs
to open a manhole hatch to access equipment inside the container.
Following completion of the activity, the remanufacturer or other person
that stores or treats the hazardous secondary material shall promptly
secure the closure device in the closed position or reinstall the cover,
as applicable to the container.
(iv) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the internal pressure of the container in accordance with
the container design specifications. The device shall be designed to
operate with no detectable organic emissions when the device is secured
in the closed position. The settings at which the device opens shall be
established such that the device remains in the closed position whenever
the internal pressure of the container is within the internal pressure
operating range determined by the remanufacturer or other persons that
stores or treats the hazardous secondary material based on container
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating
conditions that may require these devices to open are during those times
when the internal pressure of the container exceeds the internal
pressure operating range for the container as a result of loading
operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in 40 CFR 261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The remanufacturer or other person that stores or treats the
hazardous secondary material using containers with Container Level 1
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous secondary material already is in
the container at the time the remanufacturer
[[Page 211]]
or other person that stores or treats the hazardous secondary material
first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted
at the facility (i.e., is not an empty hazardous secondary material
container) the remanufacturer or other person that stores or treats the
hazardous secondary material shall visually inspect the container and
its cover and closure devices to check for visible cracks, holes, gaps,
or other open spaces into the interior of the container when the cover
and closure devices are secured in the closed position. The container
visual inspection shall be conducted on or before the date that the
container is accepted at the facility (i.e., the date the container
becomes subject to the subpart CC container standards).
(ii) In the case when a container used for managing hazardous
secondary material remains at the facility for a period of 1 year or
more, the remanufacturer or other person that stores or treats the
hazardous secondary material shall visually inspect the container and
its cover and closure devices initially and thereafter, at least once
every 12 months, to check for visible cracks, holes, gaps, or other open
spaces into the interior of the container when the cover and closure
devices are secured in the closed position. If a defect is detected, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect in accordance with the
requirements of paragraph (c)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or closure
devices, the remanufacturer or other person that stores or treats the
hazardous secondary material shall make first efforts at repair of the
defect no later than 24 hours after detection and repair shall be
completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous secondary material shall be removed from the
container and the container shall not be used to manage hazardous
secondary material until the defect is repaired.
(5) The remanufacturer or other person that stores or treats the
hazardous secondary material shall maintain at the facility a copy of
the procedure used to determine that containers with capacity of 0.46
m\3\ or greater, which do not meet applicable DOT regulations as
specified in paragraph (f) of this section, are not managing hazardous
secondary material in light material service.
(d) Container Level 2 standards. (1) A container using Container
Level 2 controls is one of the following:
(i) A container that meets the applicable U.S. Department of
Transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (f) of this section.
(ii) A container that operates with no detectable organic emissions
as defined in Sec. 261.1081 and determined in accordance with the
procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated within the preceding 12
months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27
in accordance with the procedure specified in paragraph (h) of this
section.
(2) Transfer of hazardous secondary material in or out of a
container using Container Level 2 controls shall be conducted in such a
manner as to minimize exposure of the hazardous secondary material to
the atmosphere, to the extent practical, considering the physical
properties of the hazardous secondary material and good engineering and
safety practices for handling flammable, ignitable, explosive, reactive,
or other hazardous materials. Examples of container loading procedures
that the EPA considers to meet the requirements of this paragraph
include using any one of the following: a submerged-fill pipe or other
submerged-fill method to load liquids into the container; a vapor-
balancing system or a vapor-recovery system to collect and control the
vapors displaced from the container during filling operations; or a
fitted opening in the top of a container through which the hazardous
secondary material is filled and subsequently purging the transfer line
before removing it from the container opening.
[[Page 212]]
(3) Whenever a hazardous secondary material is in a container using
Container Level 2 controls, the remanufacturer or other person that
stores or treats the hazardous secondary material shall install all
covers and closure devices for the container, and secure and maintain
each closure device in the closed position except as follows:
(i) Opening of a closure device or cover is allowed for the purpose
of adding hazardous secondary material or other material to the
container as follows:
(A) In the case when the container is filled to the intended final
level in one continuous operation, the remanufacture or other person
that stores or treats the hazardous secondary material shall promptly
secure the closure devices in the closed position and install the
covers, as applicable to the container, upon conclusion of the filling
operation.
(B) In the case when discrete quantities or batches of material
intermittently are added to the container over a period of time, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon
either the container being filled to the intended final level; the
completion of a batch loading after which no additional material will be
added to the container within 15 minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or
the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the purpose
of removing hazardous secondary material from the container as follows:
(A) For the purpose of meeting the requirements of this section, an
empty hazardous secondary material container may be open to the
atmosphere at any time (i.e., covers and closure devices are not
required to be secured in the closed position on an empty container).
(B) In the case when discrete quantities or batches of material are
removed from the container, but the container is not an empty hazardous
secondary materials container, the remanufacturer or other person that
stores or treats the hazardous secondary material shall promptly secure
the closure devices in the closed position and install covers, as
applicable to the container, upon the completion of a batch removal
after which no additional material will be removed from the container
within 15 minutes or the person performing the unloading operation
leaves the immediate vicinity of the container, whichever condition
occurs first.
(iii) Opening of a closure device or cover is allowed when access
inside the container is needed to perform routine activities other than
transfer of hazardous secondary material. Examples of such activities
include those times when a worker needs to open a port to measure the
depth of or sample the material in the container, or when a worker needs
to open a manhole hatch to access equipment inside the container.
Following completion of the activity, the remanufacturer or other person
that stores or treats the hazardous secondary material shall promptly
secure the closure device in the closed position or reinstall the cover,
as applicable to the container.
(iv) Opening of a spring-loaded, pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the internal pressure of the container in accordance with
the container design specifications. The device shall be designed to
operate with no detectable organic emission when the device is secured
in the closed position. The settings at which the device opens shall be
established such that the device remains in the closed position whenever
the internal pressure of the container is within the internal pressure
operating range determined by the remanufacturer or other person that
stores or treats the hazardous secondary material based on container
manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or
[[Page 213]]
other requirements for the safe handling of flammable, ignitable,
explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during
those times when the internal pressure of the container exceeds the
internal pressure operating range for the container as a result of
loading operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in Sec. 261.1081, is
allowed at any time conditions require doing so to avoid an unsafe
condition.
(4) The remanufacture or other person that stores or treats the
hazardous secondary material using containers with Container Level 2
controls shall inspect the containers and their covers and closure
devices as follows:
(i) In the case when a hazardous secondary material already is in
the container at the time the remanufacturer or other person that stores
or treats the hazardous secondary material first accepts possession of
the container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., is not an
empty hazardous secondary material container), the remanufacturer or
other person that stores or treats the hazardous secondary material
shall visually inspect the container and its cover and closure devices
to check for visible cracks, holes, gaps, or other open spaces into the
interior of the container when the cover and closure devices are secured
in the closed position. The container visual inspection shall be
conducted on or before the date that the container is accepted at the
facility (i.e., the date the container becomes subject to the subpart CC
container standards).
(ii) In the case when a container used for managing hazardous
secondary material remains at the facility for a period of 1 year or
more, the remanufacturer or other person that stores or treats the
hazardous secondary material shall visually inspect the container and
its cover and closure devices initially and thereafter, at least once
every 12 months, to check for visible cracks, holes, gaps, or other open
spaces into the interior of the container when the cover and closure
devices are secured in the closed position. If a defect is detected, the
remanufacturer or other person that stores or treats the hazardous
secondary material shall repair the defect in accordance with the
requirements of paragraph (d)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or closure
devices, the remanufacturer or other person that stores or treats the
hazardous secondary material shall make first efforts at repair of the
defect no later than 24 hours after detection, and repair shall be
completed as soon as possible but no later than 5 calendar days after
detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous secondary material shall be removed from the
container and the container shall not be used to manage hazardous
secondary material until the defect is repaired.
(e) Container Level 3 standards. (1) A container using Container
Level 3 controls is one of the following:
(i) A container that is vented directly through a closed-vent system
to a control device in accordance with the requirements of paragraph
(e)(2)(ii) of this section.
(ii) A container that is vented inside an enclosure which is
exhausted through a closed-vent system to a control device in accordance
with the requirements of paragraphs (e)(2)(i) and (ii) of this section.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material shall meet the following requirements, as
applicable to the type of air emission control equipment selected by the
remanufacturer or other person that stores or treats the hazardous
secondary material:
(i) The container enclosure shall be designed and operated in
accordance with the criteria for a permanent total enclosure as
specified in ``Procedure T--Criteria for and Verification of a Permanent
or Temporary Total Enclosure'' under 40 CFR 52.741, appendix B. The
enclosure may have permanent or temporary openings to allow worker
access; passage of containers through the enclosure by conveyor or other
mechanical means; entry of permanent mechanical or electrical equipment;
or direct airflow into the enclosure. The
[[Page 214]]
remanufacturer or other person that stores or treats the hazardous
secondary material shall perform the verification procedure for the
enclosure as specified in Section 5.0 to ``Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure'' initially
when the enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control device shall be designed and
operated in accordance with the requirements of Sec. 261.1087 of this
subpart.
(3) Safety devices, as defined in Sec. 261.1081, may be installed
and operated as necessary on any container, enclosure, closed-vent
system, or control device used to comply with the requirements of
paragraph (e)(1) of this section.
(4) Remanufacturers or other persons that store or treat the
hazardous secondary material using Container Level 3 controls in
accordance with the provisions of this subpart shall inspect and monitor
the closed-vent systems and control devices as specified in Sec.
261.1087 of this subpart.
(5) Remanufacturers or other persons that store or treat the
hazardous secondary material that use Container Level 3 controls in
accordance with the provisions of this subpart shall prepare and
maintain the records specified in Sec. 261.1089(d) of this subpart.
(6) Transfer of hazardous secondary material in or out of a
container using Container Level 3 controls shall be conducted in such a
manner as to minimize exposure of the hazardous secondary material to
the atmosphere, to the extent practical, considering the physical
properties of the hazardous secondary material and good engineering and
safety practices for handling flammable, ignitable, explosive, reactive,
or other hazardous materials. Examples of container loading procedures
that the EPA considers to meet the requirements of this paragraph
include using any one of the following: a submerged-fill pipe or other
submerged-fill method to load liquids into the container; a vapor-
balancing system or a vapor-recovery system to collect and control the
vapors displaced from the container during filling operations; or a
fitted opening in the top of a container through which the hazardous
secondary material is filled and subsequently purging the transfer line
before removing it from the container opening.
(f) For the purpose of compliance with paragraph (c)(1)(i) or
(d)(1)(i) of this section, containers shall be used that meet the
applicable U.S. Department of Transportation (DOT) regulations on
packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49
CFR part 178 or part 179.
(2) Hazardous secondary material is managed in the container in
accordance with the applicable requirements specified in 49 CFR part
107, subpart B and 49 CFR parts 172, 173, and 180.
(3) For the purpose of complying with this subpart, no exceptions to
the 49 CFR part 178 or part 179 regulations are allowed.
(g) To determine compliance with the no detectable organic emissions
requirement of paragraph (d)(1)(ii) of this section, the procedure
specified in Sec. 261.1083(d) of this subpart shall be used.
(1) Each potential leak interface (i.e., a location where organic
vapor leakage could occur) on the container, its cover, and associated
closure devices, as applicable to the container, shall be checked.
Potential leak interfaces that are associated with containers include,
but are not limited to: the interface of the cover rim and the container
wall; the periphery of any opening on the container or container cover
and its associated closure device; and the sealing seat interface on a
spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a
material having a volatile organic concentration representative of the
range of volatile organic concentrations for the hazardous secondary
materials expected to be managed in this type of container. During the
test, the container cover and closure devices shall be secured in the
closed position.
(h) Procedure for determining a container to be vapor-tight using
Method 27 of 40 CFR part 60, appendix A for the purpose of complying
with paragraph (d)(1)(iii) of this section.
[[Page 215]]
(1) The test shall be performed in accordance with Method 27 of 40
CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision
of 2.5 mm water and that is capable of measuring
above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results determined by Method 27 indicate that the
container sustains a pressure change less than or equal to 750 Pascals
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals,
then the container is determined to be vapor-tight.
Sec. 261.1087 Standards: Closed-vent systems and control devices.
(a) This section applies to each closed-vent system and control
device installed and operated by the remanufacturer or other person who
stores or treats the hazardous secondary material to control air
emissions in accordance with standards of this subpart.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes
emitted from the hazardous secondary material in the hazardous secondary
material management unit to a control device that meets the requirements
specified in paragraph (c) of this section.
(2) The closed-vent system shall be designed and operated in
accordance with the requirements specified in Sec. 261.1033(k) of this
part.
(3) In the case when the closed-vent system includes bypass devices
that could be used to divert the gas or vapor stream to the atmosphere
before entering the control device, each bypass device shall be equipped
with either a flow indicator as specified in paragraph (b)(3)(i) of this
section or a seal or locking device as specified in paragraph (b)(3)(ii)
of this section. For the purpose of complying with this paragraph, low
leg drains, high point bleeds, analyzer vents, open-ended valves or
lines, spring loaded pressure relief valves, and other fittings used for
safety purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply with paragraph (b)(3) of
this section, the indicator shall be installed at the inlet to the
bypass line used to divert gases and vapors from the closed-vent system
to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates the
presence of either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to comply with paragraph
(b)(3) of this section, the device shall be placed on the mechanism by
which the bypass device position is controlled (e.g., valve handle,
damper lever) when the bypass device is in the closed position such that
the bypass device cannot be opened without breaking the seal or removing
the lock. Examples of such devices include, but are not limited to, a
car-seal or a lock-and-key configuration valve. The remanufacturer or
other person that stores or treats the hazardous secondary material
shall visually inspect the seal or closure mechanism at least once every
month to verify that the bypass mechanism is maintained in the closed
position.
(4) The closed-vent system shall be inspected and monitored by the
remanufacturer or other person that stores or treats the hazardous
secondary material in accordance with the procedure specified in Sec.
261.1033(l).
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(i) A control device designed and operated to reduce the total
organic content of the inlet vapor stream vented to the control device
by at least 95 percent by weight;
(ii) An enclosed combustion device designed and operated in
accordance with the requirements of Sec. 261.1033(c) of this part; or
(iii) A flare designed and operated in accordance with the
requirements of Sec. 261.1033(d) of this part.
(2) The remanufacturer or other person that stores or treats the
hazardous secondary material who elects to use a closed-vent system and
control device to comply with the requirements of this section shall
comply with the requirements specified in paragraphs (c)(2)(i) through
(vi) of this section.
[[Page 216]]
(i) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraph (c)(1)(i), (ii), or (iii) of this section, as applicable,
shall not exceed 240 hours per year.
(ii) The specifications and requirements in paragraphs (c)(1)(i)
through (iii) of this section for control devices do not apply during
periods of planned routine maintenance.
(iii) The specifications and requirements in paragraphs (c)(1)(i)
through (iii) of this section for control devices do not apply during a
control device system malfunction.
(iv) The remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate compliance with the
requirements of paragraph (c)(2)(i) of this section (i.e., planned
routine maintenance of a control device, during which the control device
does not meet the specifications of paragraph (c)(1)(i), (ii), or (iii)
of this section, as applicable, shall not exceed 240 hours per year) by
recording the information specified in Sec. 261.1089(e)(1)(v) of this
subpart.
(v) The remanufacturer or other person that stores or treats the
hazardous secondary material shall correct control device system
malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of air pollutants.
(vi) The remanufacturer or other person that stores or treats the
hazardous secondary material shall operate the closed-vent system such
that gases, vapors, or fumes are not actively vented to the control
device during periods of planned maintenance or control device system
malfunction (i.e., periods when the control device is not operating or
not operating normally) except in cases when it is necessary to vent the
gases, vapors, and/or fumes to avoid an unsafe condition or to implement
malfunction corrective actions or planned maintenance actions.
(3) The remanufacturer or other person that stores or treats the
hazardous secondary material using a carbon adsorption system to comply
with paragraph (c)(1) of this section shall operate and maintain the
control device in accordance with the following requirements:
(i) Following the initial startup of the control device, all
activated carbon in the control device shall be replaced with fresh
carbon on a regular basis in accordance with the requirements of Sec.
261.1033(g) or (h) of this part.
(ii) All carbon that is hazardous waste and that is removed from the
control device shall be managed in accordance with the requirements of
Sec. 261.1033(n), regardless of the average volatile organic
concentration of the carbon.
(4) A remanufacturer or other person that stores or treats the
hazardous secondary material using a control device other than a thermal
vapor incinerator, flare, boiler, process heater, condenser, or carbon
adsorption system to comply with paragraph (c)(1) of this section shall
operate and maintain the control device in accordance with the
requirements of Sec. 261.1033(j) of this part.
(5) The remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate that a control device
achieves the performance requirements of paragraph (c)(1) of this
section as follows:
(i) A remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate using either a
performance test as specified in paragraph (c)(5)(iii) of this section
or a design analysis as specified in paragraph (c)(5)(iv) of this
section the performance of each control device except for the following:
(A) A flare;
(B) A boiler or process heater with a design heat input capacity of
44 megawatts or greater;
(C) A boiler or process heater into which the vent stream is
introduced with the primary fuel;
(ii) A remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate the performance of each
flare in accordance with the requirements specified in Sec.
261.1033(e).
(iii) For a performance test conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the remanufacturer or other person
that stores or treats the hazardous secondary material shall use the
test methods and procedures specified in Sec. 261.1034(c)(1) through
(4).
[[Page 217]]
(iv) For a design analysis conducted to meet the requirements of
paragraph (c)(5)(i) of this section, the design analysis shall meet the
requirements specified in Sec. 261.1035(b)(4)(iii).
(v) The remanufacturer or other person that stores or treats the
hazardous secondary material shall demonstrate that a carbon adsorption
system achieves the performance requirements of paragraph (c)(1) of this
section based on the total quantity of organics vented to the atmosphere
from all carbon adsorption system equipment that is used for organic
adsorption, organic desorption or carbon regeneration, organic recovery,
and carbon disposal.
(6) If the remanufacturer or other person that stores or treats the
hazardous secondary material and the Regional Administrator do not agree
on a demonstration of control device performance using a design analysis
then the disagreement shall be resolved using the results of a
performance test performed by the remanufacturer or other person that
stores or treats the hazardous secondary material in accordance with the
requirements of paragraph (c)(5)(iii) of this section. The Regional
Administrator may choose to have an authorized representative observe
the performance test.
(7) The closed-vent system and control device shall be inspected and
monitored by the remanufacture or other person that stores or treats the
hazardous secondary material in accordance with the procedures specified
in Sec. 261.1033(f)(2) and (l). The readings from each monitoring
device required by Sec. 261.1033(f)(2) shall be inspected at least once
each operating day to check control device operation. Any necessary
corrective measures shall be immediately implemented to ensure the
control device is operated in compliance with the requirements of this
section.
Sec. 261.1088 Inspection and monitoring requirements.
(a) The remanufacturer or other person that stores or treats the
hazardous secondary material shall inspect and monitor air emission
control equipment used to comply with this subpart in accordance with
the applicable requirements specified in Sec. Sec. 261.1084 through
261.1087 of this subpart.
(b) The remanufacture or other person that stores or treats the
hazardous secondary material shall develop and implement a written plan
and schedule to perform the inspections and monitoring required by
paragraph (a) of this section. The remanufacturer or other person that
stores or treats the hazardous secondary material shall keep the plan
and schedule at the facility.
Sec. 261.1089 Recordkeeping requirements.
(a) Each remanufacturer or other person that stores or treats the
hazardous secondary material subject to requirements of this subpart
shall record and maintain the information specified in paragraphs (b)
through (j) of this section, as applicable to the facility. Except for
air emission control equipment design documentation and information
required by paragraphs (i) and (j) of this section, records required by
this section shall be maintained at the facility for a minimum of 3
years. Air emission control equipment design documentation shall be
maintained at the facility until the air emission control equipment is
replaced or otherwise no longer in service. Information required by
paragraphs (i) and (j) of this section shall be maintained at the
facility for as long as the hazardous secondary material management unit
is not using air emission controls specified in Sec. Sec. 261.1084
through 261.1087 of this subpart in accordance with the conditions
specified in Sec. 261.1080(b)(7) or (d) of this subpart, respectively.
(b) The remanufacturer or other person that stores or treats the
hazardous secondary material using a tank with air emission controls in
accordance with the requirements of Sec. 261.1084 of this subpart shall
prepare and maintain records for the tank that include the following
information:
(1) For each tank using air emission controls in accordance with the
requirements of Sec. 261.1084 of this subpart, the remanufacturer or
other person that stores or treats the hazardous secondary material
shall record:
(i) A tank identification number (or other unique identification
description as selected by the remanufacturer or other person that
stores or treats the hazardous secondary material).
[[Page 218]]
(ii) A record for each inspection required by Sec. 261.1084 of this
subpart that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection: The location of
the defect, a description of the defect, the date of detection, and
corrective action taken to repair the defect. In the event that repair
of the defect is delayed in accordance with the requirements of Sec.
261.1084 of this subpart, the remanufacturer or other person that stores
or treats the hazardous secondary material shall also record the reason
for the delay and the date that completion of repair of the defect is
expected.
(2) In addition to the information required by paragraph (b)(1) of
this section, the remanufacturer or other person that stores or treats
the hazardous secondary material shall record the following information,
as applicable to the tank:
(i) The remanufacturer or other person that stores or treats the
hazardous secondary material using a fixed roof to comply with the Tank
Level 1 control requirements specified in Sec. 261.1084(c) of this
subpart shall prepare and maintain records for each determination for
the maximum organic vapor pressure of the hazardous secondary material
in the tank performed in accordance with the requirements of Sec.
261.1084(c) of this subpart. The records shall include the date and time
the samples were collected, the analysis method used, and the analysis
results.
(ii) The remanufacturer or other person that stores or treats the
hazardous secondary material using an internal floating roof to comply
with the Tank Level 2 control requirements specified in Sec.
261.1084(e) of this subpart shall prepare and maintain documentation
describing the floating roof design.
(iii) Remanufacturer or other persons that store or treat the
hazardous secondary material using an external floating roof to comply
with the Tank Level 2 control requirements specified in Sec.
261.1084(f) of this subpart shall prepare and maintain the following
records:
(A) Documentation describing the floating roof design and the
dimensions of the tank.
(B) Records for each seal gap inspection required by Sec.
261.1084(f)(3) of this subpart describing the results of the seal gap
measurements. The records shall include the date that the measurements
were performed, the raw data obtained for the measurements, and the
calculations of the total gap surface area. In the event that the seal
gap measurements do not conform to the specifications in Sec.
261.1084(f)(1) of this subpart, the records shall include a description
of the repairs that were made, the date the repairs were made, and the
date the tank was emptied, if necessary.
(iv) Each remanufacturer or other person that stores or treats the
hazardous secondary material using an enclosure to comply with the Tank
Level 2 control requirements specified in Sec. 261.1084(i) of this
subpart shall prepare and maintain the following records:
(A) Records for the most recent set of calculations and measurements
performed by the remanufacturer or other person that stores or treats
the hazardous secondary material to verify that the enclosure meets the
criteria of a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B.
(B) Records required for the closed-vent system and control device
in accordance with the requirements of paragraph (e) of this section.
(c) [Reserved]
(d) The remanufacturer or other person that stores or treats the
hazardous secondary material using containers with Container Level 3 air
emission controls in accordance with the requirements of Sec. 261.1086
of this subpart shall prepare and maintain records that include the
following information:
(1) Records for the most recent set of calculations and measurements
performed by the remanufacturer or other person that stores or treats
the hazardous secondary material to verify that the enclosure meets the
criteria of a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total
Enclosure'' under 40 CFR 52.741, appendix B.
[[Page 219]]
(2) Records required for the closed-vent system and control device
in accordance with the requirements of paragraph (e) of this section.
(e) The remanufacturer or other person that stores or treats the
hazardous secondary material using a closed-vent system and control
device in accordance with the requirements of Sec. 261.1087 of this
subpart shall prepare and maintain records that include the following
information:
(1) Documentation for the closed-vent system and control device that
includes:
(i) Certification that is signed and dated by the remanufacturer or
other person that stores or treats the hazardous secondary material
stating that the control device is designed to operate at the
performance level documented by a design analysis as specified in
paragraph (e)(1)(ii) of this section or by performance tests as
specified in paragraph (e)(1)(iii) of this section when the tank or
container is or would be operating at capacity or the highest level
reasonably expected to occur.
(ii) If a design analysis is used, then design documentation as
specified in Sec. 261.1035(b)(4). The documentation shall include
information prepared by the remanufacturer or other person that stores
or treats the hazardous secondary material or provided by the control
device manufacturer or vendor that describes the control device design
in accordance with Sec. 261.1035(b)(4)(iii) and certification by the
remanufacturer or other person that stores or treats the hazardous
secondary material that the control equipment meets the applicable
specifications.
(iii) If performance tests are used, then a performance test plan as
specified in Sec. 261.1035(b)(3) and all test results.
(iv) Information as required by Sec. Sec. 261.1035(c)(1) and
261.1035(c)(2), as applicable.
(v) A remanufacturer or other person that stores or treats the
hazardous secondary material shall record, on a semiannual basis, the
information specified in paragraphs (e)(1)(v)(A) and (B) of this section
for those planned routine maintenance operations that would require the
control device not to meet the requirements of Sec. 261.1087(c)(1)(i),
(ii), or (iii) of this subpart, as applicable.
(A) A description of the planned routine maintenance that is
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance
necessary, planned frequency of maintenance, and lengths of maintenance
periods.
(B) A description of the planned routine maintenance that was
performed for the control device during the previous 6-month period.
This description shall include the type of maintenance performed and the
total number of hours during those 6 months that the control device did
not meet the requirements of Sec. 261.1087(c)(1)(i), (ii), or (iii) of
this subpart, as applicable, due to planned routine maintenance.
(vi) A remanufacturer or other person that stores or treats the
hazardous secondary material shall record the information specified in
paragraphs (e)(1)(vi)(A) through (C) of this section for those
unexpected control device system malfunctions that would require the
control device not to meet the requirements of Sec. 261.1087(c)(1)(i),
(ii), or (iii) of this subpart, as applicable.
(A) The occurrence and duration of each malfunction of the control
device system.
(B) The duration of each period during a malfunction when gases,
vapors, or fumes are vented from the hazardous secondary material
management unit through the closed-vent system to the control device
while the control device is not properly functioning.
(C) Actions taken during periods of malfunction to restore a
malfunctioning control device to its normal or usual manner of
operation.
(vii) Records of the management of carbon removed from a carbon
adsorption system conducted in accordance with Sec. 261.1087(c)(3)(ii)
of this subpart.
(f) The remanufacturer or other person that stores or treats the
hazardous secondary material using a tank or container exempted under
the hazardous secondary material organic concentration conditions
specified in Sec. 261.1082(c)(1) or (c)(2)(i) through (vi) of
[[Page 220]]
this subpart, shall prepare and maintain at the facility records
documenting the information used for each material determination (e.g.,
test results, measurements, calculations, and other documentation). If
analysis results for material samples are used for the material
determination, then the remanufacturer or other person that stores or
treats the hazardous secondary material shall record the date, time, and
location that each material sample is collected in accordance with
applicable requirements of Sec. 261.1083 of this subpart.
(2) [Reserved]
(g) A remanufacturer or other person that stores or treats the
hazardous secondary material designating a cover as ``unsafe to inspect
and monitor'' pursuant to Sec. 261.1084(l) or Sec. 261.1085(g) of this
subpart shall record and keep at facility the following information: The
identification numbers for hazardous secondary material management units
with covers that are designated as ``unsafe to inspect and monitor,''
the explanation for each cover stating why the cover is unsafe to
inspect and monitor, and the plan and schedule for inspecting and
monitoring each cover.
(h) The remanufacturer or other person that stores or treats the
hazardous secondary material that is subject to this subpart and to the
control device standards in 40 CFR part 60, subpart VV, or 40 CFR part
61, subpart V, may elect to demonstrate compliance with the applicable
sections of this subpart by documentation either pursuant to this
subpart, or pursuant to the provisions of 40 CFR part 60, subpart VV or
40 CFR part 61, subpart V, to the extent that the documentation required
by 40 CFR parts 60 or 61 duplicates the documentation required by this
section.
Sec. 261.1090 [Reserved]
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).
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
tetra chlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
------------------------------------------------------------------------
[[Page 221]]
------------------------------------------------------------------------
Hazardous constituents for which
EPA hazardous waste No. listed
------------------------------------------------------------------------
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-Tri
chlorobenzene; 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.
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.
[[Page 222]]
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.
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
[[Page 223]]
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.govinfo.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\............... ................................... ................. ...........
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
[[Page 224]]
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 ...........
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')-
,.
[[Page 225]]
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
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.
[[Page 226]]
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
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
[[Page 227]]
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-hexa hydro-,
(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]]-.
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
[[Page 228]]
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
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.
[[Page 229]]
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
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.
[[Page 230]]
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 ...........
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 + ) 6533-73-9 U215
salt.
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 + ) 12039-52-0 P114
salt.
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1 + ) 7446-18-6 P115
salt.
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
[[Page 231]]
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.
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]
[[Page 232]]
Sec. Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 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.
(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.
[[Page 233]]
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 234]]
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 235]]
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 236]]
(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 237]]
(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 238]]
(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 239]]
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 240]]
(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 241]]
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 242]]
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 243]]
``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 244]]
(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 245]]
``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.''
Blanchard Texas City, TX... Residual solids (EPA Hazardous
Refining Company Waste Numbers F037) generated at
LLC. a maximum rate of as 20,000 cubic
yards annually.
For the exclusion to be valid,
Blanchard must implement a
verification testing program that
meets the following Paragraphs:
(1) All leachable concentrations
for those constituents must not
exceed the following levels
measured as mg/L (ppm). The
petitioner must use an acceptable
leaching method, for example SW-
846, Method 1311, to measure
constituents in the residual
solids leachate:
(A) Inorganic Constituents of
Concern: Antimony--0.5985;
Arsenic--0.424; Barium--36;
Beryllium--1.74; Chromium--3.06;
Cobalt--0.902; Lead--0.984;
Nickel--13.5; Selenium--1.0;
Vanadium--4.64, Zinc--197.
Mercury--0.068.
(B) Organic Constituents of
Concern: Acetone--520.0;
Anthracene--25.993; Benzene--
0.077; Benzo(a)pyrene--2.634,
Chrysene--7.006; Methylene
Chloride--0.0790; Phenanthrene--
10.626; Phenol--173; Pyrene--
4.446.
(2) Waste Holding and Handling:
(A) Blanchard must manage and
dispose its residual solids as
hazardous waste generated under
Subtitle C of RCRA, until they
have completed 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
residual solids that do not
exceed the levels set forth in
Paragraph (1) are nonhazardous.
Blanchard can manage and dispose
the nonhazardous residual solids
according to all applicable solid
waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), Blanchard must retreat or
stabilize the residual solids
represented by the sample
exceeding the delisting levels,
until it meets the levels in
paragraph (1). Blanchard must
repeat the analyses of the
retreated residual solids.
(3) Verification Testing
Requirements:
Blanchard must perform analytical
testing by sampling and analyzing
the Residual solids as follows:
(i) Collect representative samples
of the Residual solids for
analysis of all constituents
listed in paragraph (1) prior to
disposal.
(ii) The samples for verification
testing shall be a representative
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 Blanchard
residual solids are
representative for all
constituents listed in paragraph
(1).
Blanchard must perform sample
collection and analyses,
including quality control
procedures, according to SW-846
methodologies.
(A) Initial Verification Testing:
After EPA grants the final
exclusion, Blanchard must do the
following:
(i) Collect four (4)
representative composite samples
of the residual solids at weekly
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
residual solids must be disposed
as hazardous waste in accordance
with the applicable hazardous
waste requirements.
[[Page 246]]
(iii) Within thirty (30) days
after successfully completing its
initial verification testing,
Blanchard may report its
analytical test data for its
initial four (4) weekly composite
samples to EPA. If levels of
constituents measured in the
samples of the residual solids do
not exceed the levels set forth
in paragraph (1) of this
exclusion, Blanchard can manage
and dispose the non-hazardous
residual solids according to all
applicable solid waste
regulations.
(B) Subsequent Verification
Testing:
If Blanchard completes initial
verification testing
requirements, specified in
paragraph (3)(A), and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Blanchard
may begin subsequent verification
testing as follows:
(i) Blanchard must test
representative composite samples
of the residual solids for all
constituents listed in paragraph
(1) at least once per month.
(ii) The samples for the monthly
testing shall be a representative
composite sample according to
appropriate methods.
(iii) Within thirty (30) days
after completing each monthly
sampling, Blanchard will report
its analytical test data to EPA.
(C) Annual Verification Testing:
If levels of constituents measured
in the samples of the residual
solids do not exceed the levels
set forth in paragraph (1) of
this exclusion for six (6)
consecutive months of subsequent
verification testing, Blanchard
may begin annual testing as
follows:
(i) Blanchard must test
representative composite samples
of the 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.
(iii) Within sixty (60) days after
completing each annual sampling,
Blanchard will report its
analytical test data to EPA.
(D) Termination of Organic
Testing:
Blanchard must continue testing as
required under Paragraph (3)(B)
for organic constituents in
Paragraph (1)(B), until the
analytical results submitted
under Paragraph (3)(B) show a
minimum of three (3) consecutive
monthly samples below the
delisting levels in Paragraph
(1). Following receipt of
approval from EPA in writing,
Blanchard may terminate organic
testing.
(4) Changes in Operating
Conditions:
If Blanchard 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.
Blanchard may no longer handle
the residual solids generated
from the new process as
nonhazardous until they have
completed verification testing
described in Paragraph (3)(A) and
(B), as appropriate, documented
that valid analyses show that
paragraph (1) is satisfied, and
received written approval from
EPA.
(5) Stabilization Operation:
Blanchard may periodically elect
to modify operating conditions to
accommodate the addition of
chemical stabilization reagents
during indirect thermal
desorption processing. In the
event that Blanchard initiates
the inclusion of stabilization
during operation, they may no
longer handle the residual solids
generated from the modified
process as nonhazardous until the
residual solids meet the
delisting levels set in Paragraph
(1) under initial verification
testing requirements set in
paragraph (3)(A) and verify that
the stabilization reagents do not
add additional constituents to
the residual solid leachate.
Following completion of modified
operation, Blanchard can resume
normal operating conditions and
testing requirements under
Paragraph (3), which were in
place prior to initiating
stabilization during operation.
(6) Data Submittals:
Blanchard must submit the
information described below. If
Blanchard 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 (7). Blanchard must:
(A) Submit the data obtained
through paragraph 3 to the
Section Chief, 6MM-RP, Multimedia
Division, U.S. Environmental
Protection Agency Region 6, 1445
Ross Ave., Suite 1200, 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 247]]
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.''
(7) Reopener:
(A) If, any time after disposal of
the delisted waste Blanchard
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 verification
testing (and retest, if
applicable) of the waste does not
meet the delisting requirements
in paragraph 1, Blanchard 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 Blanchard fails to submit
the information described in
paragraphs (6), (7)(A) or (7)(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 (7)(D) or
(if no information is presented
under paragraph (7)(D)) the
initial receipt of information
described in paragraphs (6),
(7)(A) or (7)(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.
(8) Notification Requirements:
Blanchard 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.
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.
[[Page 248]]
(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).
(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).
[[Page 249]]
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.
(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.
[[Page 250]]
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.
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.
[[Page 251]]
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.
(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.
[[Page 252]]
(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.
``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.
[[Page 253]]
(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.
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.
[[Page 254]]
(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.
(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.
[[Page 255]]
(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:
(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.
[[Page 256]]
(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:
(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).
[[Page 257]]
(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.
(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.
[[Page 258]]
(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.
(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.
[[Page 259]]
(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.
(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.
[[Page 260]]
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.
(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).
[[Page 261]]
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.
(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....... Beaumont, TX..... Secondary Impoundment Basin Solids
(SIB) (EPA Hazardous Waste
Numbers F037 and F038) generated
at a maximum rate of 400,000
cubic yards.
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Surface Impoundment Basin Solids.
Leachable Concentrations (mg/l):
Antimony--0.109; Arsenic--0.424;
Barium--36; Beryllium--2.0;
Cadmium--0.09; Chromium--2.27;
Cobalt--0.214; Lead--0.702;
Mercury--0.068; Nickel--13.5;
Selenium--0.890; Silver--5.0;
Vanadium--3.77; Zinc--197; 2,4
Dimethylphenol--11.3; 2-
Methylphenol--28.9; 3-
Methylphenol--28.9; 4-
Methylphenol--2.89; Acenaphthene--
10.6; Anthracene---25.9;
Benz(a)anthracene--0.07;
Benz(a)pyrene--26.3; Bis(2-
ethylhexyl) phthalate--106,000;
Chrysene--7.01; Di-n-butyl
phthalate--24.6; Fluoranthene--
2.46; Fluorene--4.91;
Indeno(1,2,3-cd) pyrene--73;
Naphthalene--0.0327; Phenol--173;
Pyrene--4.45; Benzene--0.077;
Xylenes, total--9.56
(2) Reopener
[[Page 262]]
(A) If, any time 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 verification 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 (2),(3)(A) or (3)(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 (3)(D) or
(if no information is presented
under paragraph (3)(D)) the
initial receipt of information
described in paragraphs (2),
(3)(A) or (3)(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.
(3) 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 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:
[[Page 263]]
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.
(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:
[[Page 264]]
``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) 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.
[[Page 265]]
(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.
(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).
[[Page 266]]
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.
(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.
[[Page 267]]
(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 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.
[[Page 268]]
(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.
(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.
[[Page 269]]
(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.
(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.
[[Page 270]]
(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) 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.
[[Page 271]]
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.
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.
[[Page 272]]
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.
(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 273]]
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 274]]
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 275]]
(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
[[Page 276]]
Benzo(b)fluoranthene.... 1.07e-04 2.14e-03
Benzo(k)fluoranthene.... 1.49e-03 2.98e-02
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
[[Page 277]]
Methyl methacrylate..... 1.03e + 03 2.06e + 04
Methyl parathion........ 1.27e + 02 2.54e + 03
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.
GLOBALFOUNDRIES Essex Junction, Wastewater Treatment Sludge
U.S. 2 LLC VT. (Hazardous Waste No. F006)
(formerly, ``IBM generated at a maximum annual
Corporation''). 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. GLOBALFOUNDRIES U.S. 2
LLC 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.
[[Page 278]]
2. Waste Handling and Holding: (A)
GLOBALFOUNDRIES U.S. 2 LLC 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,
GLOBALFOUNDRIES U.S. 2 LLC 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, GLOBALFOUNDRIES U.S. 2
LLC 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). GLOBALFOUNDRIES U.S. 2 LLC
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: GLOBALFOUNDRIES
U.S. 2 LLC 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
GLOBALFOUNDRIES U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2
LLC 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 GLOBALFOUNDRIES U.S. 2 LLC
becomes aware of any exceedance.
(iii) Within thirty (30) days
after taking each quarterly
sample, GLOBALFOUNDRIES U.S. 2
LLC 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,
GLOBALFOUNDRIES U.S. 2 LLC can
manage and dispose the non-
hazardous sludge according to all
applicable solid waste
regulations. (B) Annual Testing:
(i) If GLOBALFOUNDRIES U.S. 2 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), GLOBALFOUNDRIES
U.S. 2 LLC may begin annual
testing as follows:
GLOBALFOUNDRIES U.S. 2 LLC 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) GLOBALFOUNDRIES U.S. 2 LLC
shall submit an annual testing
report to EPA with all of its
annual test results, within
thirty (30) days after taking the
two annual samples. (iv)
GLOBALFOUNDRIES U.S. 2 LLC shall
submit to EPA in January of each
year the total amount of waste in
cubic yards disposed during the
previous calendar year.
4. Changes in Operating
Conditions: If GLOBALFOUNDRIES
U.S. 2 LLC 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),
GLOBALFOUNDRIES U.S. 2 LLC
demonstrates that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced, and
GLOBALFOUNDRIES U.S. 2 LLC 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 GLOBALFOUNDRIES U.S. 2
LLC to file a new delisting
petition.
[[Page 279]]
5. Data Submittals and
Recordkeeping: GLOBALFOUNDRIES
U.S. 2 LLC must submit the
information described below. If
GLOBALFOUNDRIES U.S. 2 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). GLOBALFOUNDRIES
U.S. 2 LLC 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, GLOBALFOUNDRIES
U.S. 2 LLC 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
GLOBALFOUNDRIES U.S. 2 LLC 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
GLOBALFOUNDRIES U.S. 2 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
GLOBALFOUNDRIES U.S. 2 LLC with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action.
GLOBALFOUNDRIES U.S. 2 LLC shall
have 30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 days GLOBALFOUNDRIES
U.S. 2 LLC 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:
GLOBALFOUNDRIES U.S. 2 LLC 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.
Goodyear Tire and Randleman, NC.... Dewatered wastewater treatment
Rubber Co. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations.
Gould, Inc....... McConnels ville, 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.
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.
Imperial Clevite. Salem, IN........ Solid resin cakes containing EPA
Hazardous Waste No. F002
generated after August 27, 1985,
from solvent recovery operations.
[[Page 280]]
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.
John Deere Des Ankeny, IA....... Wastewater Treatment Sludge Filter
Moines Works of Cake (WWTS Filter Cake)
Deere & Company. (Hazardous Waste No. F006/F019)
generated from combined onsite
wastewater treatment at the
Ankeny, IA, facility wastewater
treatment plant at a maximum
annual rate of 600 tons 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 WWTS Filter Cake.
John Deere must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
1. Delisting Levels: (A) The WWTS
Filter Cake shall not exhibit any
of the ``Characteristics of
Hazardous Waste'' in 40 CFR part
261, subpart C. (B) All TCLP
leachable concentrations (40 CFR
261.24(a)) for the following
constituents must not exceed the
following levels (mg/L for TCLP):
Nickel--32.4. (C) Reserved. (D)
All total concentrations for the
following constituents must not
exceed the following levels (mg/
kg): Cadmium--25.5; Chromium
(total)--51,000; Chromium
(hexavalent)--41; Copper--2877;
Nickel--3030; Zinc--10,170;
Cyanide--9, Oil and Grease--
64,500.
2. Waste Handling and Holding: (A)
John Deere must manage as
hazardous all WWTS Filter Cake
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 from
EPA. (B) Levels of constituents
measured in the samples of the
WWTS Filter Cake that do not (1)
exceed the levels set forth in
paragraph (1) for two consecutive
quarterly sampling events are non-
hazardous. After approval is
received from EPA, John Deere can
manage and dispose of the non-
hazardous WWTS Filter Cake
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,
John Deere 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). John Deere must manage and
dispose of the waste generated
under Subtitle C of RCRA from the
time that it becomes aware of any
exceedance.
[[Page 281]]
3. Verification Testing
Requirements: John Deere must
perform sample collection and
analyses in accordance with the
Quality Assurance Project Plan
submitted with the ``John Deere
Des Moines, Iowa, Sampling and
Analysis Plan for Delisting of
F006 and F019 Filter Cake, June
2012.'' 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,
1313, 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
John Deere 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, John Deere 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 WWTS Filter Cake 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 John Deere becomes
aware of any exceedance. (iii)
Within thirty (30) days after
taking each quarterly sample,
John Deere 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, John Deere can
manage and dispose the non-
hazardous sludge according to all
applicable solid waste
regulations. (B) Annual Testing:
(i) If John Deere 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), John
Deere may begin annual testing as
follows: John Deere must test two
representative composite samples
of the WWTS Filter Cake
(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) John
Deere 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 tons
disposed during the calendar
year.
4. Changes in Operating
Conditions: If John Deere
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 WWTS Filter Cake
generated from the new process as
non-hazardous unless and until
the WWTS Filter Cake is shown to
meet the delisting levels set in
paragraph(1), John Deere
demonstrates that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced, and John Deere
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 John Deere to
file a new delisting petition.
5. Data Submittals and
Recordkeeping: John Deere must
submit the information described
below. If John Deere 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). John Deere must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Waste Remediation and
Permits Branch, U.S. EPA Region
7, 11201 Renner Boulevard, Lenexa
KS 66219, 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 WWTS Filter
Cake 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).
[[Page 282]]
6. Reopener: (A) If, any time
after disposal of the delisted
waste, John Deere 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
John Deere must report such data,
in writing, to the Chief, Waste
Remediation and Permits Branch,
U.S. EPA Region 7, 11201 Renner
Boulevard, Lenexa KS 66219 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, EPA Region 7, 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 John
Deere 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 John
Deere with an opportunity to
present information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. John Deere
shall have 30 days from the date
of the Regional Administrator's
notice to present the
information. (D) If after 30 days
John Deere 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: John
Deere 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 into 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.
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.
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.
[[Page 283]]
(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:
(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).
[[Page 284]]
(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:
``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.
[[Page 285]]
(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.
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.
[[Page 286]]
(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).
(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.
[[Page 287]]
(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.
(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.
[[Page 288]]
(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.
(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;
[[Page 289]]
(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.
(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:
[[Page 290]]
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.
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).
[[Page 291]]
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:
(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:
[[Page 292]]
(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.
(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.
[[Page 293]]
(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:
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.
[[Page 294]]
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.
(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.
[[Page 295]]
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.
(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.
[[Page 296]]
(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.
(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.
[[Page 297]]
(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.
Samsung.......... Austin, TX....... Copper Filter Cake (EPA Hazardous
Waste Numbers F006) generated at
a maximum rate of 750 cubic yards
annually.
For the exclusion to be valid,
Samsung 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.
Copper Filter Cake. Leachable
Concentrations (mg/l): Acetone--
2070.0; Arsenic--1.66; Barium--
100.0; Cadmium--0.362; Carbon
Disulfide--224.75; Chromium--5.0;
Chromium (VI)--5.0; Cobalt--1.36;
Copper--97.1; Lead--2.45; Nickel--
53.8; Selenium--1.0; Silver--5.0;
Thallium--0.01458; Tin--22.5;
Toluene--60.1; Vanadium--14.36;
Zinc--797
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous cannot begin until
compliance with the limits set
in paragraph (1) for the
Copper Filter cake is
verified.
(B) If constituent levels in
any sample and retest sample
taken by Samsung exceed any of
the delisting levels set in
paragraph (1) for the Copper
Filter cake, Samsung must do
the following:
(i) notify EPA in accordance
with paragraph (5) and
(ii) manage and dispose the
Copper Filter cake as
hazardous waste generated
under Subtitle C of RCRA.
(3) Testing Requirements:
Samsung must perform analytical
testing by sampling and
analyzing the Copper Filter
cake as follows:
(i) Collect a representative
sample of the Copper Filter
cake for analysis of all
constituents listed in
paragraph (1) prior to
disposal.
(ii) The samples for the
annual testing shall be a
representative 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 Samsung Copper filter
cake is representative for
all constituents listed in
paragraph (1).
(4) Data Submittals:
Samsung must submit the
information described below.
If Samsung 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).
Samsung must:
[[Page 298]]
(A) Submit the data obtained
through paragraph 3 to the
Section Chief, 6MM-RP,
Multimedia Division, U.S.
Environmental Protection
Agency Region 6, 1445 Ross
Ave., Suite 1200, 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.''
(5) Reopener:
(A) If any time after disposal
of the delisted waste Samsung
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 verification
testing (and retest, if
applicable) of the waste does
not meet the delisting
requirements in paragraph 1,
Samsung 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 Samsung 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.
(6) Notification Requirements:
Samsung 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.
[[Page 299]]
Sandvik Special Kennewick, Wastewater treatment sludges,
Metals. Washington. F006, generated at Sandvik
Special Metals (Sandvik) facility
in Kennewick, Washington at a
maximum annual rate of 1,500
cubic yards per calendar year.
The sludge must be disposed of in
a landfill which is licensed,
permitted, or otherwise
authorized by a state to manage
municipal solid waste subject to
40 CFR part 258, or non-
municipal, non-hazardous
industrial waste subject to 40
CFR 257.5 through 257.30. The
exclusion becomes effective as of
December 14, 2018.
1. Delisting Levels: (A) The
constituent concentrations in a
representative sample of the
waste must not exceed the
following levels: Total
concentrations (mg/kg): Arsenic-
9,840; Cadmium-37,100; Chromium-
77,500; Cobalt-103,000. TCLP
Concentrations (mg/l in the waste
extract): Arsenic-0.042; Barium-
100; Cadmium-0.451; Chromium-
5.00; Cobalt-1.06; Copper-120;
Fluoride-194; Lead-2.95; Nickel-
66.4; Silver-5.00; Vanadium-16.9;
Zinc-992. (B) Sandvik must also
demonstrate that the waste does
not exhibit any hazardous waste
characteristic in 40 CFR 261,
Subpart C based on a
representative sample of the
waste.
2. Annual Verification Testing and
Disposal: To verify that the
waste does not exceed the
delisting concentrations
specified in Sections 1.A and
I.B, Sandvik must collect and
analyze one representative waste
sample with coolant on an annual
basis no later than each
anniversary of the effective date
of this delisting using methods
with appropriate detection
concentrations and elements of
quality control. If both titanium
and zirconium products have been
in production and contributed to
candidate wastes within the three-
month period prior to each
anniversary of the effective date
of this delisting, samples of
waste from both manufacturing
processes must be collected for
that verification period.
Otherwise, sampling only of that
material in production within the
specified three-month period is
required. Sampling and analytical
data must be provided to the EPA,
with a copy to the Washington
State Department of Ecology, no
later 60 days following each
anniversary of the effective date
of this delisting, or such later
date as the EPA may agree to in
writing. Sandvik must conduct all
verification sampling and
analysis according to a written
sampling and analysis plan and
associated quality assurance
project plan that ensures
analytical data are suitable for
their intended use, which must be
made available to the EPA upon
request. Sandvik's annual
submission must also include a
certification that all wastes
satisfying the delisting
concentrations in Conditions 1.A
and 1.B have been disposed of in
a landfill which is licensed,
permitted, or otherwise
authorized by a state to manage
municipal solid waste subject to
40 CFR part 258, or non-
municipal, non-hazardous
industrial waste subject to 40
CFR 257.5 through 257.30.
3. Changes in Operating
Conditions: Sandvik must notify
the EPA in writing if it
significantly changes the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process. Sandvik must handle
wastes generated after the
process change as hazardous waste
until it has demonstrated that
the wastes continue to meet the
delisting concentrations in
sections 1.A and B, demonstrated
that no new hazardous
constituents listed in 40 CFR
Part 261 Appendix VIII have been
introduced into the manufacturing
process or waste treatment
process, and it has received
written approval from the EPA
that it may continue to manage
the waste as non-hazardous waste.
4. Data Submittals: Sandvik must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to the Director, Office
of Air and Waste, U.S. EPA Region
10, 1200 6th Avenue Suite 155,
OAW-150, Seattle, Washington,
98070 or his or her equivalent.
The annual verification data and
certification of proper disposal
must be submitted within 60 days
after each anniversary of the
effective date of this delisting
exclusion, or such later date as
the EPA may agree to in writing.
Sandvik must compile, summarize,
and maintain on-site for a
minimum of five years, records of
analytical data required by this
rule, and operating conditions
relevant to those data. Sandvik
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). If Sandvik
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, the
EPA may, at its discretion,
consider such failure a
sufficient basis to reopen the
exclusion as described in
paragraph 5.
5. Reopener Language--(A) If, any
time after disposal of the
delisted waste, Sandvik possesses
or is otherwise made aware of any
data relevant to the delisted
waste indicating that any
constituent is at a higher
concentration than the specified
delisting concentration or
exhibits any of the
characteristics of hazardous
waste in 40 CFR part 261 Subpart
C, then Sandvik must report such
data, in writing, to the
Director, Office of Air and
Waste, EPA, Region 10, or his or
her equivalent, within 10 days of
first possessing or being made
aware of that data, whichever is
earlier.
(B) Based on the information
described in paragraph (A) and
any other information received
from any source, the EPA 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 300]]
(C) If the EPA determines that the
reported information requires it
to act, the EPA will notify
Sandvik 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 Sandvik with an
opportunity to present
information as to why the
proposed EPA action is not
necessary or to suggest an
alternative action. Sandvik shall
have 30 days from the date of the
EPA's notice to present the
information.
(D) If after 30 days Sandvik
presents no further information
or after a review of any
submitted information, the EPA
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 EPA's
determination shall become
effective immediately unless the
EPA provides otherwise.
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:
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).
[[Page 301]]
(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.
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 302]]
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 303]]
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 304]]
(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 305]]
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 306]]
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 307]]
(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 308]]
(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 309]]
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 310]]
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 311]]
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 312]]
(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
(formerly generated at a maximum annual
American Steel rate of 3,000 cubic yards per
Cord). year, after January 26, 1999, and
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 313]]
(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 314]]
(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 315]]
(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 316]]
(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 317]]
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 318]]
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 319]]
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 320]]
(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 321]]
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 322]]
(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 323]]
(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 324]]
(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 325]]
(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 326]]
(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 327]]
(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 328]]
(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 329]]
(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 330]]
(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 331]]
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 332]]
(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 333]]
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 334]]
(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 335]]
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 336]]
(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 337]]
(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 338]]
(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 339]]
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 340]]
(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 341]]
(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 342]]
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 343]]
(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 344]]
(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 345]]
(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 346]]
(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 347]]
(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 348]]
(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 349]]
(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 350]]
(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 351]]
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 352]]
(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 prem
ised upon the company's reliance
on the void exclusion.''
------------------------------------------------------------------------
[[Page 353]]
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.govinfo.gov.
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--
Table of Contents
Subpart A_General
Sec.
262.1 Terms used in this part.
262.10 Purpose, scope, and applicability.
Sec. 262.11 Hazardous waste determination and recordkeeping.
262.12 [Reserved]
262.13 Generator category determination.
262.14 Conditions for exemption for a very small quantity generator.
262.15 Satellite accumulation area regulations for small and large
quantity generators.
262.16 Conditions for exemption for a small quantity generator that
accumulates hazardous waste.
262.17 Conditions for exemption for a large quantity generator that
accumulates hazardous waste.
[[Page 354]]
262.18 EPA identification numbers and re-notification for small quantity
generators and large quantity generators.
Subpart B_Manifest Requirements Applicable to Small and Large Quantity
Generators
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 Applicable to Small and Large
Quantity Generators
262.30 Packaging.
262.31 Labeling.
262.32 Marking.
262.33 Placarding.
262.34 [Reserved]
262.35 Liquids in landfills prohibition.
Subpart D_Recordkeeping and Reporting Applicable to Small and Large
Quantity Generators
262.40 Recordkeeping.
262.41 Biennial report for large quantity generators.
262.42 Exception reporting.
262.43 Additional reporting.
262.44 Special requirements for generators of between 100 and 1000 kg/
mo.
Subparts E-F [Reserved]
Subpart G_Farmers
262.70 Farmers.
Subpart H_Transboundary Movements of Hazardous Waste for Recovery or
Disposal
262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Exports of hazardous waste.
262.84 Imports of hazardous waste.
262.85-262.89 [Reserved]
Subparts I-J [Reserved]
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.
Subpart L_ Alternative Standards for Episodic Generation
262.230 Applicability.
262.231 Definitions for this subpart.
262.232 Conditions for a generator managing hazardous waste from an
episodic event.
262.233 Petition to manage one additional episodic event per calendar
year.
Subpart M_Preparedness, Prevention, and Emergency Procedures for Large
Quantity Generators
262.250 Applicability.
262.251 Maintenance and operation of facility.
262.252 Required equipment.
262.253 Testing and maintenance of equipment.
262.254 Access to communications or alarm system.
262.255 Required aisle space.
262.256 Arrangements with local authorities.
262.260 Purpose and implementation of contingency plan.
262.261 Content of contingency plan.
262.262 Copies of contingency plan.
262.263 Amendment of contingency plan.
262.264 Emergency coordinator.
[[Page 355]]
262.265 Emergency procedures.
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g.
Source: 45 FR 33142, May 19, 1980, unless otherwise noted.
Subpart A_General
Sec. 262.1 Terms used in this part.
As used in this part:
Condition for exemption means any requirement in Sec. Sec. 262.14,
262.15, 262.16, 262.17, 262.70, or subpart K or subpart L of this part
that states an event, action, or standard that must occur or be met in
order to obtain an exemption from any applicable requirement in parts
124, 264 through 268, and 270 of this chapter, or from any requirement
for notification under section 3010 of RCRA.
Independent requirement means a requirement of part 262 that states
an event, action, or standard that must occur or be met; and that
applies without relation to, or irrespective of, the purpose of
obtaining a conditional exemption from storage facility permit, interim
status, and operating requirements under Sec. Sec. 262.14, 262.15,
262.16, 262.17, or subpart K or subpart L of this part.
[81 FR 85806, Nov. 28, 2016]
Sec. 262.10 Purpose, scope, and applicability.
(a) The regulations in this part establish standards for generators
of hazardous waste as defined by 40 CFR 260.10.
(1) A person who generates a hazardous waste as defined by 40 CFR
part 261 is subject to all the applicable independent requirements in
the subparts and sections listed below:
(i) Independent requirements of a very small quantity generator. (A)
Section 262.11(a) through (d) Hazardous waste determination and
recordkeeping; and
(B) Section 262.13 Generator category determination.
(ii) Independent requirements of a small quantity generator. (A)
Section 262.11 Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category determination;
(C) Section 262.18 EPA identification numbers and re-notification
for small quantity generators and large quantity generators;
(D) Part 262 subpart B--Manifest requirements applicable to small
and large quantity generators;
(E) Part 262 subpart C--Pre-transport requirements applicable to
small and large quantity generators;
(F) Section 262.40 Recordkeeping;
(G) Section 262.44 Recordkeeping for small quantity generators; and
(H) Part 262 subpart H--Transboundary movements of hazardous waste
for recovery or disposal.
(iii) Independent requirements of a large quantity generator. (A)
Section 262.11 Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category determination;
(C) Section 262.18 EPA identification numbers and re-notification
for small quantity generators and large quantity generators;
(D) Part 262 subpart B--Manifest requirements applicable to small
and large quantity generators;
(E) Part 262 subpart C--Pre-transport requirements applicable to
small and large quantity generators;
(F) Part 262 subpart D--Recordkeeping and reporting applicable to
small and large quantity generators, except Sec. 262.44; and
(G) Part 262 subpart H--Transboundary movements of hazardous waste
for recovery or disposal.
(2) A generator that accumulates hazardous waste on site is a person
that stores hazardous waste; such generator is subject to the applicable
requirements of parts 124, 264 through 267, and 270 of this chapter and
section 3010 of RCRA, unless it is one of the following:
(i) A very small quantity generator that meets the conditions for
exemption in Sec. 262.14;
(ii) A small quantity generator that meets the conditions for
exemption in Sec. Sec. 262.15 and 262.16; or
(iii) A large quantity generator that meets the conditions for
exemption in Sec. Sec. 262.15 and 262.17.
(3) A generator shall not transport, offer its hazardous waste for
transport, or otherwise cause its hazardous waste
[[Page 356]]
to be sent to a facility that is not a designated facility, as defined
in Sec. 260.10 of this chapter, or not otherwise authorized to receive
the generator's hazardous waste.
(b) Determining generator category. A generator must use Sec.
262.13 to determine which provisions of this part are applicable to the
generator based on the quantity of hazardous waste generated per
calendar month.
(c) [Reserved]
(d) Any person who exports or imports hazardous wastes must comply
with Sec. 262.18 and subpart H of this part.
(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)(1) A generator's violation of an independent requirement is
subject to penalty and injunctive relief under section 3008 of RCRA.
(2) A generator's noncompliance with a condition for exemption in
this part is not subject to penalty or injunctive relief under section
3008 of RCRA as a violation of a 40 CFR part 262 condition for
exemption. Noncompliance by any generator with an applicable condition
for exemption from storage permit and operations requirements means that
the facility is a storage facility operating without an exemption from
the permit, interim status, and operations requirements in 40 CFR parts
124, 264 through 267, and 270 of this chapter, and the notification
requirements of section 3010 of RCRA. Without an exemption, any
violations of such storage requirements are subject to penalty and
injunctive relief under section 3008 of RCRA.
(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) [Reserved]
(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):
(1) The independent requirements of Sec. 262.11 or the regulations
in Sec. 262.15 for large quantity generators and small quantity
generators, except as provided in subpart K, and
(2) The conditions of Sec. 262.14, for very 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
[[Page 357]]
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; 81 FR 85715, 85807, Nov. 28, 2016]
Effective Date Note: At 84 FR 5939, Feb. 22, 2019, Sec. 262.10 was
amended by adding paragraphs (m) and (n), effective Aug. 21, 2019. For
the convenience of the user, the added text is set forth as follows:
Sec. 262.10 Purpose, scope and applicability.
* * * * *
(m) All reverse distributors (as defined in Sec. 266.500) are
subject to 40 CFR part 266 subpart P for the management of hazardous
waste pharmaceuticals in lieu of this part.
(n) Each healthcare facility (as defined in Sec. 266.500) must
determine whether it is subject to 40 CFR part 266 subpart P for the
management of hazardous waste pharmaceuticals, based on the total
hazardous waste it generates per calendar month (including both
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste).
A healthcare facility that generates more than 100 kg (220 pounds) of
hazardous waste per calendar month, or more than 1 kg (2.2 pounds) of
acute hazardous waste per calendar month, or more than 100 kg (220
pounds) per calendar month of any residue or contaminated soil, water,
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 Sec. 261.31 or
Sec. 261.33(e), is subject to 40 CFR part 266 subpart P for the
management of hazardous waste pharmaceuticals in lieu of this part. A
healthcare facility that is a very small quantity generator when
counting all of its hazardous waste, including both its hazardous waste
pharmaceuticals and its non-pharmaceutical hazardous waste, remains
subject to Sec. 262.14 and is not subject to part 266 subpart P, except
for Sec. Sec. 266.505 and 266.507 and the optional provisions of Sec.
266.504.
Sec. 262.11 Hazardous waste determination and recordkeeping.
A person who generates a solid waste, as defined in 40 CFR 261.2,
must make an accurate determination as to whether that waste is a
hazardous waste in order to ensure wastes are properly managed according
to applicable RCRA regulations. A hazardous waste determination is made
using the following steps:
(a) The hazardous waste determination for each solid waste must be
made at the point of waste generation, before any dilution, mixing, or
other alteration of the waste occurs, and at any time in the course of
its management that it has, or may have, changed its properties as a
result of exposure to the environment or other factors that may change
the properties of the waste such that the RCRA classification of the
waste may change.
(b) A person must determine whether the solid waste is excluded from
regulation under 40 CFR 261.4.
(c) If the waste is not excluded under 40 CFR 261.4, the person must
then use knowledge of the waste to determine whether the waste meets any
of the listing descriptions under subpart D of 40 CFR part 261.
Acceptable knowledge that may be used in making an accurate
determination as to whether the waste is listed may include waste
origin, composition, the process producing the waste, feedstock, and
other reliable and relevant information. If the waste is listed, the
person may file a delisting petition under 40 CFR 260.20 and 260.22 to
demonstrate to the Administrator that the waste from this particular
site or operation is not a hazardous waste.
(d) The person then must also determine whether the waste exhibits
one or more hazardous characteristics as identified in subpart C of 40
CFR part 261 by following the procedures in paragraph (d)(1) or (2) of
this section, or a combination of both.
(1) The person must apply knowledge of the hazard characteristic of
the waste in light of the materials or the processes used to generate
the waste. Acceptable knowledge may include process knowledge (e.g.,
information about chemical feedstocks and other inputs to the production
process); knowledge of products, by-products, and intermediates produced
by the manufacturing process; chemical or physical characterization of
wastes; information on the chemical and physical properties of the
chemicals used or produced by the process or otherwise contained in the
waste; testing that illustrates the properties of the waste;
[[Page 358]]
or other reliable and relevant information about the properties of the
waste or its constituents. A test other than a test method set forth in
subpart C of 40 CFR part 261, or an equivalent test method approved by
the Administrator under 40 CFR 260.21, may be used as part of a person's
knowledge to determine whether a solid waste exhibits a characteristic
of hazardous waste. However, such tests do not, by themselves, provide
definitive results. Persons testing their waste must obtain a
representative sample of the waste for the testing, as defined at 40 CFR
260.10.
(2) When available knowledge is inadequate to make an accurate
determination, the person must test the waste according to the
applicable 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 and in accordance with the following:
(i) Persons testing their waste must obtain a representative sample
of the waste for the testing, as defined at 40 CFR 260.10.
(ii) Where a test method is specified in subpart C of 40 CFR part
261, the results of the regulatory test, when properly performed, are
definitive for determining the regulatory status of the waste.
(e) 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
other possible exclusions or restrictions pertaining to management of
the specific waste.
(f) Recordkeeping for small and large quantity generators. A small
or large quantity generator must maintain records supporting its
hazardous waste determinations, including records that identify whether
a solid waste is a hazardous waste, as defined by 40 CFR 261.3. Records
must be maintained for at least three years from the date that the waste
was last sent to on-site or off-site treatment, storage, or disposal.
These records must comprise the generator's knowledge of the waste and
support the generator's determination, as described at paragraphs (c)
and (d) of this section. The records must include, but are not limited
to, the following types of information: The results of any tests,
sampling, waste analyses, or other determinations made in accordance
with this section; records documenting the tests, sampling, and
analytical methods used to demonstrate the validity and relevance of
such tests; records consulted in order to determine the process by which
the waste was generated, the composition of the waste, and the
properties of the waste; and records which explain the knowledge basis
for the generator's determination, as described at paragraph (d)(1) of
this section. The periods of record 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.
(g) Identifying hazardous waste numbers for small and large quantity
generators. If the waste is determined to be hazardous, small quantity
generators and large quantity generators must identify all applicable
EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C
and D of part 261 of this chapter. Prior to shipping the waste off site,
the generator also must mark its containers with all applicable EPA
hazardous waste numbers (EPA hazardous waste codes) according to Sec.
262.32.
[81 FR 85807, Nov. 28, 2016]
Sec. 262.12 [Reserved]
Sec. 262.13 Generator category determination.
A generator must determine its generator category. A generator's
category is based on the amount of hazardous waste generated each month
and may change from month to month. This section sets forth procedures
to determine whether a generator is a very small quantity generator, a
small quantity generator, or a large quantity generator for a particular
month, as defined in Sec. 260.10 of this chapter.
(a) Generators of either acute hazardous waste or non-acute
hazardous waste. A generator who either generates acute hazardous waste
or non-acute hazardous waste in a calendar month shall determine its
generator category for that month by doing the following:
[[Page 359]]
(1) Counting the total amount of hazardous waste generated in the
calendar month;
(2) Subtracting from the total any amounts of waste exempt from
counting as described in paragraphs (c) and (d) of this section; and
(3) Determining the resulting generator category for the hazardous
waste generated using Table 1 of this section.
(b) Generators of both acute and non-acute hazardous wastes. A
generator who generates both acute hazardous waste and non-acute
hazardous waste in the same calendar month shall determine its generator
category for that month by doing the following:
(1) Counting separately the total amount of acute hazardous waste
and the total amount of non-acute hazardous waste generated in the
calendar month;
(2) Subtracting from each total any amounts of waste exempt from
counting as described in paragraphs (c) and (d) of this section;
(3) Determining separately the resulting generator categories for
the quantities of acute and non-acute hazardous waste generated using
Table 1 of this section; and
(4) Comparing the resulting generator categories from paragraph
(b)(3) of this section and applying the more stringent generator
category to the accumulation and management of both non-acute hazardous
waste and acute hazardous waste generated for that month.
Table 1 to Sec. 262.13--Generator Categories Based on Quantity of Waste Generated in a Calendar Month
----------------------------------------------------------------------------------------------------------------
Quantity of residues
Quantity of non-acute from a cleanup of acute
Quantity of acute hazardous waste hazardous waste hazardous waste Generator category
generated in a calendar month generated in a calendar generated in a calendar
month month
----------------------------------------------------------------------------------------------------------------
1 kg..................... Any amount............. Any amount............. Large quantity
generator.
Any amount........................... = 1,000 kg.. Any amount............. Large quantity
generator.
Any amount........................... Any amount............. 100 kg..... Large quantity
generator.
<= 1 kg.............................. 100 kg and <= 100 kg.............. Small quantity
< 1,000 kg. generator.
<= 1 kg.............................. <= 100 kg.............. <= 100 kg.............. Very small quantity
generator.
----------------------------------------------------------------------------------------------------------------
(c) When making the monthly quantity-based determinations required
by this part, the generator must include all hazardous waste that it
generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8;
(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;
(3) Is recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2);
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4)
and 40 CFR part 279;
(5) Is spent lead-acid batteries managed under the requirements of
40 CFR part 266 subpart G;
(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; or
(8) Is managed as part of an episodic event in compliance with the
conditions of subpart L of this part.
(d) In determining the quantity of hazardous waste generated in a
calendar month, a generator need not include:
(1) Hazardous waste when it is removed from on-site accumulation, so
long as the hazardous waste was previously counted once;
(2) Hazardous waste generated by on-site treatment (including
reclamation) of the generator's hazardous waste, so
[[Page 360]]
long as the hazardous waste that is treated was previously counted once;
and
(3) Hazardous waste spent materials that are generated, reclaimed,
and subsequently reused on site, so long as such spent materials have
been previously counted once.
(e) Based on the generator category as determined under this
section, the generator must meet the applicable independent requirements
listed in Sec. 262.10. A generator's category also determines which of
the provisions of Sec. Sec. 262.14, 262.15, 262.16 or 262.17 must be
met to obtain an exemption from the storage facility permit, interim
status, and operating requirements when accumulating hazardous waste.
(f) Mixing hazardous wastes with solid wastes--(1) Very small
quantity generator wastes. (i) Hazardous wastes generated by a very
small quantity generator may be mixed with solid wastes. Very small
quantity generators may mix a portion or all of its hazardous waste with
solid waste and remain subject to Sec. 262.14 even though the resultant
mixture exceeds the quantity limits identified in the definition of very
small quantity generator at Sec. 260.10 of this chapter, unless the
mixture exhibits one or more of the characteristics of hazardous waste
identified in part 261 subpart C of this chapter.
(ii) If the resulting mixture exhibits a characteristic of hazardous
waste, this resultant mixture is a newly-generated hazardous waste. The
very small quantity generator must count both the resultant mixture
amount plus the other hazardous waste generated in the calendar month to
determine whether the total quantity exceeds the very small quantity
generator calendar month quantity limits identified in the definition of
generator categories found in Sec. 260.10 of this chapter. If so, to
remain exempt from the permitting, interim status, and operating
standards, the very small quantity generator must meet the conditions
for exemption applicable to either a small quantity generator or a large
quantity generator. The very small quantity generator must also comply
with the applicable independent requirements for either a small quantity
generator or a large quantity generator.
(iii) If a very small quantity generator's wastes are mixed with
used oil, the mixture is subject to 40 CFR part 279. Any material
produced from such a mixture by processing, blending, or other treatment
is also regulated under 40 CFR part 279.
(2) Small quantity generator and large quantity generator wastes.
(i) Hazardous wastes generated by a small quantity generator or large
quantity generator may be mixed with solid waste. These mixtures are
subject to the following: the mixture rule in Sec. Sec.
261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the prohibition of
dilution rule at Sec. 268.3(a); the land disposal restriction
requirements of Sec. 268.40 if a characteristic hazardous waste is
mixed with a solid waste so that it no longer exhibits the hazardous
characteristic; and the hazardous waste determination requirement at
Sec. 262.11.
(ii) If the resulting mixture is found to be a hazardous waste, this
resultant mixture is a newly-generated hazardous waste. A small quantity
generator must count both the resultant mixture amount plus the other
hazardous waste generated in the calendar month to determine whether the
total quantity exceeds the small quantity generator calendar monthly
quantity limits identified in the definition of generator categories
found in Sec. 260.10 of this chapter. If so, to remain exempt from the
permitting, interim status, and operating standards, the small quantity
generator must meet the conditions for exemption applicable to a large
quantity generator. The small quantity generator must also comply with
the applicable independent requirements for a large quantity generator.
[81 FR 85808, Nov. 28, 2016]
Effective Date Note: At 84 FR 5939, Feb. 22, 2019, Sec. 262.13 was
amended by adding paragraph (c)(9), effective Aug. 21, 2019. For the
convenience of the user, the added text is set forth as follows:
Sec. 262.13 Generator category determination.
* * * * *
(c) * * *
[[Page 361]]
(9) Is a hazardous waste pharmaceutical, as defined in Sec.
266.500, that is subject to or managed in accordance with 40 CFR part
266 subpart P or is a hazardous waste pharmaceutical that is also a Drug
Enforcement Administration controlled substance and is conditionally
exempt under Sec. 266.506.
Sec. 262.14 Conditions for exemption for a very small quantity generator.
(a) Provided that the very small quantity generator meets all the
conditions for exemption listed in this section, hazardous waste
generated by the very small quantity generator is not subject to the
requirements of parts 124, 262 (except Sec. Sec. 262.10 through 262.14)
through 268, and 270 of this chapter, and the notification requirements
of section 3010 of RCRA and the very small quantity generator may
accumulate hazardous waste on site without complying with such
requirements. The conditions for exemption are as follows:
(1) In a calendar month the very small quantity generator generates
less than or equal to the amounts specified in the definition of ``very
small quantity generator'' in Sec. 260.10 of this chapter;
(2) The very small quantity generator complies with Sec. 262.11(a)
through (d);
(3) If the very small quantity generator accumulates at any time
greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100
kilograms (220 lbs) of 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 acute hazardous waste listed in Sec. Sec. 261.31 or
261.33(e) of this chapter, all quantities of that acute hazardous waste
are subject to the following additional conditions for exemption:
(i) Such waste is held on site for no more than 90 days beginning on
the date when the accumulated wastes exceed the amounts provided above;
and
(ii) The conditions for exemption in Sec. 262.17(a) through (g).
(4) If the very small quantity generator accumulates at any time
1,000 kilograms (2,200 lbs) or greater of non-acute hazardous waste, all
quantities of that hazardous waste are subject to the following
additional conditions for exemption:
(i) Such waste is held on site for no more than 180 days, or 270
days, if applicable, beginning on the date when the accumulated waste
exceed the amounts provided above;
(ii) The quantity of waste accumulated on site never exceeds 6,000
kilograms (13,200 lbs); and
(iii) The conditions for exemption in Sec. 262.16(b)(2) through
(f).
(5) A very small quantity generator that accumulates hazardous waste
in amounts less than or equal to the limits in paragraphs (a)(3) and (4)
of this section must either treat or dispose of its 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 265 and 270 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, is subject to the requirements in
Sec. Sec. 257.5 through 257.30 of this chapter;
(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;
(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;
(viii) A large quantity generator under the control of the same
person as the very small quantity generator, provided the following
conditions are met:
(A) The very small quantity generator and the large quantity
generator
[[Page 362]]
are under the control of the same person as defined in Sec. 260.10 of
this chapter. ``Control,'' for the purposes of this section, means the
power to direct the policies of the generator, whether by the ownership
of stock, voting rights, or otherwise, except that contractors who
operate generator facilities on behalf of a different person as defined
in Sec. 260.10 of this chapter shall not be deemed to ``control'' such
generators.
(B) The very small quantity generator marks its container(s) of
hazardous waste with:
(1) The words ``Hazardous Waste''; and
(2) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at 29 CFR 1910.1200;
or a chemical hazard label consistent with the National Fire Protection
Association code 704);
(ix)-(x) [Reserved]
(xi) For airbag waste, an airbag waste collection facility or a
designated facility subject to the requirements of Sec. 261.4(j) of
this chapter.
(b) The placement of bulk or non-containerized liquid hazardous
waste or hazardous waste containing free liquids (whether or not
sorbents have been added) in any landfill is prohibited.
(c) A very small quantity generator experiencing an episodic event
may generate and accumulate hazardous waste in accordance with subpart L
of this part in lieu of Sec. Sec. 262.15, 262.16, and 262.17.
[81 FR 85808, Nov. 28, 2016, as amended at 83 FR 61563, Nov. 30, 2018]
Effective Date Note: At 84 FR 5940, Feb. 22, 2019, Sec. 262.14 was
amended by adding paragraphs (a)(5)(ix) and (x), effective Aug. 21,
2019. For the convenience of the user, the added text is set forth as
follows:
Sec. 262.14 Conditions for exemption for a very small quantity
generator.
(a) * * *
(5) * * *
(ix) A reverse distributor (as defined in Sec. 266.500), if the
hazardous waste pharmaceutical is a potentially creditable hazardous
waste pharmaceutical generated by a healthcare facility (as defined in
Sec. 266.500).
(x) A healthcare facility (as defined in Sec. 266.500) that meets
the conditions in Sec. Sec. 266.502(l) and 266.503(b), as applicable,
to accept non-creditable hazardous waste pharmaceuticals and potentially
creditable hazardous waste pharmaceuticals from an off-site healthcare
facility that is a very small quantity generator.
Sec. 262.15 Satellite accumulation area regulations for small and
large quantity generators.
(a) A generator may accumulate as much as 55 gallons of non-acute
hazardous waste and/or either one quart of liquid acute hazardous waste
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter or 1 kg (2.2
lbs) of solid acute hazardous waste listed in Sec. 261.31 or Sec.
261.33(e) of this chapter 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 the requirements of parts 124,
264 through 267, and 270 of this chapter, provided that all of the
conditions for exemption in this section are met. A generator may comply
with the conditions for exemption in this section instead of complying
with the conditions for exemption in Sec. 262.16(b) or Sec. 262.17(a),
except as required in Sec. 262.15(a)(7) and (8). The conditions for
exemption for satellite accumulation are:
(1) If a container holding hazardous waste is not in good condition,
or if it begins to leak, the generator must immediately transfer the
hazardous waste from this container to a container that is in good
condition and does not leak, or immediately transfer and manage the
waste in a central accumulation area operated in compliance with Sec.
262.16(b) or Sec. 262.17(a).
(2) The generator must use a container made of or lined with
materials that will not react with, and are otherwise compatible with,
the hazardous waste to be accumulated, so that the ability of the
container to contain the waste is not impaired.
(3) Special standards for incompatible wastes.
[[Page 363]]
(i) Incompatible wastes, or incompatible wastes and materials, (see
appendix V of part 265 for examples) must not be placed in the same
container, unless Sec. 265.17(b) of this chapter is complied with.
(ii) Hazardous waste must not be placed in an unwashed container
that previously held an incompatible waste or material (see appendix V
of part 265 for examples), unless Sec. 265.17(b) of this chapter is
complied with.
(iii) A container holding a hazardous waste that is incompatible
with any waste or other materials accumulated nearby in other containers
must be separated from the other materials or protected from them by any
practical means.
(4) A container holding hazardous waste must be closed at all times
during accumulation, except:
(i) When adding, removing, or consolidating waste; or
(ii) When temporary venting of a container is necessary
(A) For the proper operation of equipment, or
(B) To prevent dangerous situations, such as build-up of extreme
pressure.
(5) A generator must mark or label its container with the following:
(i) The words ``Hazardous Waste'' and
(ii) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at 29 CFR 1910.1200;
or a chemical hazard label consistent with the National Fire Protection
Association code 704).
(6) A generator who accumulates either acute hazardous waste listed
in Sec. 261.31 or Sec. 261.33(e) of this chapter or non-acute
hazardous waste in excess of the amounts listed in paragraph (a) of this
section at or near any point of generation must do the following:
(i) Comply within three consecutive calendar days with the
applicable central accumulation area regulations in Sec. 262.16(b) or
Sec. 262.17(a), or
(ii) Remove the excess from the satellite accumulation area within
three consecutive calendar days to either:
(A) A central accumulation area operated in accordance with the
applicable regulations in Sec. 262.16(b) or Sec. 262.17(a);
(B) An on-site interim status or permitted treatment, storage, or
disposal facility, or
(C) An off-site designated facility; and
(iii) During the three-consecutive-calendar-day period the generator
must continue to comply with paragraphs (a)(1) through (5) of this
section. The generator must mark or label the container(s) holding the
excess accumulation of hazardous waste with the date the excess amount
began accumulating.
(7) All satellite accumulation areas operated by a small quantity
generator must meet the preparedness and prevention regulations of Sec.
262.16(b)(8) and emergency procedures at Sec. 262.16(b)(9).
(8) All satellite accumulation areas operated by a large quantity
generator must meet the Preparedness, Prevention and Emergency
Procedures in subpart M of this part.
(b) [Reserved]
[81 FR 85808, Nov. 28, 2016]
Sec. 262.16 Conditions for exemption for a small quantity generator
that accumulates hazardous waste.
A small quantity generator may accumulate hazardous waste on site
without a permit or interim status, and without complying with the
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA, provided that all
the conditions for exemption listed in this section are met:
(a) Generation. The generator generates in a calendar month no more
than the amounts specified in the definition of ``small quantity
generator'' in Sec. 260.10 of this chapter.
(b) Accumulation. The generator accumulates hazardous waste on site
for no more than 180 days, unless in compliance with the conditions for
exemption for longer accumulation in paragraphs
[[Page 364]]
(d) and (e) of this section. The following accumulation conditions also
apply:
(1) Accumulation limit. The quantity of hazardous waste accumulated
on site never exceeds 6,000 kilograms (13,200 pounds);
(2) Accumulation of hazardous waste in containers--(i) Condition of
containers. If a container holding hazardous waste is not in good
condition, or if it begins to leak, the small quantity generator must
immediately transfer the hazardous waste from this container to a
container that is in good condition, or immediately manage the waste in
some other way that complies with the conditions for exemption of this
section.
(ii) Compatibility of waste with container. The small quantity
generator must use a container made of or lined with materials that will
not react with, and are otherwise compatible with, the hazardous waste
to be accumulated, so that the ability of the container to contain the
waste is not impaired.
(iii) Management of containers. (A) A container holding hazardous
waste must always be closed during accumulation, except when it is
necessary to add or remove waste.
(B) A container holding hazardous waste must not be opened, handled,
or accumulated in a manner that may rupture the container or cause it to
leak.
(iv) Inspections. At least weekly, the small quantity generator must
inspect central accumulation areas. The small quantity generator must
look for leaking containers and for deterioration of containers caused
by corrosion or other factors. See paragraph (b)(2)(i) of this section
for remedial action required if deterioration or leaks are detected.
(v) Special conditions for accumulation of incompatible wastes. (A)
Incompatible wastes, or incompatible wastes and materials, (see appendix
V of part 265 for examples) must not be placed in the same container,
unless Sec. 265.17(b) of this chapter is complied with.
(B) Hazardous waste must not be placed in an unwashed container that
previously held an incompatible waste or material (see appendix V of
part 265 for examples), unless Sec. 265.17(b) of this chapter is
complied with.
(C) A container accumulating hazardous waste that is incompatible
with any waste or other materials accumulated or stored nearby in other
containers, piles, open tanks, or surface impoundments must be separated
from the other materials or protected from them by means of a dike,
berm, wall, or other device.
(3) Accumulation of hazardous waste in tanks.
(i) [Reserved]
(ii) A small quantity generator of hazardous waste must comply with
the following general operating conditions:
(A) Treatment or accumulation of hazardous waste in tanks must
comply with Sec. 265.17(b) of this chapter.
(B) Hazardous wastes or treatment reagents must not be placed in a
tank if they could cause the tank or its inner liner to rupture, leak,
corrode, or otherwise fail before the end of its intended life.
(C) Uncovered tanks must be operated to ensure at least 60
centimeters (2 feet) of freeboard, unless the tank is equipped with a
containment structure (e.g., dike or trench), a drainage control system,
or a diversion structure (e.g., standby tank) with a capacity that
equals or exceeds the volume of the top 60 centimeters (2 feet) of the
tank.
(D) Where hazardous waste is continuously fed into a tank, the tank
must be equipped with a means to stop this inflow (e.g., waste feed
cutoff system or by-pass system to a stand-by tank).
(iii) Except as noted in paragraph (b)(3)(iv) of this section, a
small quantity generator that accumulates hazardous waste in tanks must
inspect, where present:
(A) Discharge control equipment (e.g., waste feed cutoff systems,
by-pass systems, and drainage systems) at least once each operating day,
to ensure that it is in good working order;
(B) Data gathered from monitoring equipment (e.g., pressure and
temperature gauges) at least once each operating day to ensure that the
tank is being operated according to its design;
(C) The level of waste in the tank at least once each operating day
to ensure compliance with paragraph (b)(3)(ii)(C) of this section;
[[Page 365]]
(D) The construction materials of the tank at least weekly to detect
corrosion or leaking of fixtures or seams; and
(E) The construction materials of, and the area immediately
surrounding, discharge confinement structures (e.g., dikes) at least
weekly to detect erosion or obvious signs of leakage (e.g., wet spots or
dead vegetation). The generator 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.
(iv) A small quantity generator accumulating hazardous waste in
tanks or tank systems that have full secondary containment and that
either use leak detection equipment to alert personnel to leaks, or
implement established workplace practices to ensure leaks are promptly
identified, must inspect at least weekly, where applicable, the areas
identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use
of the alternate inspection schedule must be documented in the
generator's operating record. This documentation must include a
description of the established workplace practices at the generator.
(v) [Reserved]
(vi) A small quantity generator accumulating hazardous waste in
tanks must, upon closure of the facility, remove all hazardous waste
from tanks, discharge control equipment, and discharge confinement
structures. At closure, as throughout the operating period, unless the
small quantity generator can demonstrate, in accordance with Sec.
261.3(c) or (d) of this chapter, that any solid waste removed from its
tank is not a hazardous waste, then it must manage such waste in
accordance with all applicable provisions of parts 262, 263, 265 and 268
of this chapter.
(vii) A small quantity generator must comply with the following
special conditions for accumulation of ignitable or reactive waste:
(A) Ignitable or reactive waste must not be placed in a tank,
unless:
(1) The waste is treated, rendered, or mixed before or immediately
after placement in a tank so that the resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or
reactive waste under Sec. 261.21 or Sec. 261.23 of this chapter and
Sec. 265.17(b) of this chapter is complied with; or
(2) The waste is accumulated or treated in such a way that it is
protected from any material or conditions that may cause the waste to
ignite or react; or
(3) The tank is used solely for emergencies.
(B) A small quantity generator which treats or accumulates ignitable
or reactive waste in covered tanks must comply with the buffer zone
requirements for tanks contained in Tables 2-1 through 2-6 of the
National Fire Protection Association's ``Flammable and Combustible
Liquids Code'' (1977 or 1981) (incorporated by reference, see Sec.
260.11).
(C) A small quantity generator must comply with the following
special conditions for incompatible wastes:
(1) Incompatible wastes, or incompatible wastes and materials, (see
part 265 appendix V for examples) must not be placed in the same tank,
unless Sec. 265.17(b) of this chapter is complied with.
(2) Hazardous waste must not be placed in an unwashed tank that
previously held an incompatible waste or material, unless Sec.
265.17(b) of this chapter is complied with.
(4) Accumulation of hazardous waste on drip pads. If the waste is
placed on drip pads, the small quantity generator must comply with the
following:
(i) Subpart W of 40 CFR part 265 (except Sec. 265.445 (c));
(ii) The small quantity generator must remove all wastes from the
drip pad at least once every 90 days. Any hazardous wastes that are
removed from the drip pad at least once every 90 days are then subject
to the 180-day accumulation limit in paragraph (b) of this section and
Sec. 262.15 if hazardous wastes are being managed in satellite
accumulation areas prior to being moved to the central accumulation
area; and
[[Page 366]]
(iii) The small quantity generator must maintain on site at the
facility the following records readily available for inspection:
(A) A written description of procedures that are 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.
(5) Accumulation of hazardous waste in containment buildings. If the
waste is placed in containment buildings, the small quantity generator
must comply with of 40 CFR part 265 subpart DD. The generator must label
its containment buildings with the words ``Hazardous Waste'' in a
conspicuous place easily visible to employees, visitors, emergency
responders, waste handlers, or other persons on site and also in a
conspicuous place provide an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic);
hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with
the National Fire Protection Association code 704).The generator must
also maintain:
(i) The professional engineer certification that the building
complies with the design standards specified in 40 CFR 265.1101. This
certification must be in the generator's files prior to operation of the
unit; and
(ii) The following records by use of inventory logs, monitoring
equipment, or any other effective means:
(A) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90 days, a written
description of the waste generation and management practices for the
facility showing that the generator is consistent with maintaining 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.
(C) Inventory logs or records with the above information must be
maintained on site and readily available for inspection.
(6) Labeling and marking of containers and tanks--. (i) Containers.
A small quantity generator must mark or label its containers with the
following:
(A) The words ``Hazardous Waste'';
(B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at 29 CFR 1910.1200;
or a chemical hazard label consistent with the National Fire Protection
Association code 704); and
(C) The date upon which each period of accumulation begins clearly
visible for inspection on each container.
(ii) Tanks. A small quantity generator accumulating hazardous waste
in tanks must do the following:
(A) Mark or label its tanks with the words ``Hazardous Waste'';
(B) Mark or label its tanks with an indication of the hazards of the
contents (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with
the Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with
the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment, or other records to
demonstrate that hazardous waste has been emptied within 180 days of
first entering the tank if using a batch process,
[[Page 367]]
or in the case of a tank with a continuous flow process, demonstrate
that estimated volumes of hazardous waste entering the tank daily exit
the tank within 180 days of first entering; and
(D) Keep inventory logs or records with the above information on
site and readily available for inspection.
(7) Land disposal restrictions. A small quantity generator must
comply with all the applicable requirements under 40 CFR part 268.
(8) Preparedness and prevention--(i) Maintenance and operation of
facility. A small quantity generator must maintain and operate its
facility 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.
(ii) Required equipment. All areas where hazardous waste is either
generated or accumulated must be equipped with the items in paragraphs
(b)(8)(ii)(A) through (D) of this section (unless none of the hazards
posed by waste handled at the facility could require a particular kind
of equipment specified below or the actual waste generation or
accumulation area does not lend itself for safety reasons to have a
particular kind of equipment specified below). A small quantity
generator may determine the most appropriate locations to locate
equipment necessary to prepare for and respond to emergencies.
(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, 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.
(iii) Testing and maintenance of equipment. All 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.
(iv) 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
(e.g., direct or unimpeded access) to an internal alarm or emergency
communication device, either directly or through visual or voice contact
with another employee, unless such a device is not required under
paragraph (a)(8)(ii) of this section.
(B) In the event there is just one employee on the premises while
the facility is operating, the employee must have immediate access
(e.g., direct or unimpeded 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 such a
device is not required under paragraph (a)(8)(ii) of this section.
(v) Required aisle space. The small quantity generator 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
aisle space is not needed for any of these purposes.
(vi) Arrangements with local authorities. (A) The small quantity
generator must attempt to make arrangements with the local police
department, fire department, other emergency response teams, emergency
response contractors, equipment suppliers and local hospitals, taking
into account the types and quantities of hazardous wastes handled at the
facility. Arrangements may be made with the Local Emergency Planning
Committee, if it is determined to be the appropriate organization with
which to make arrangements.
(1) A small quantity generator attempting to make arrangements with
[[Page 368]]
its local fire department must determine the potential need for the
services of the local police department, other emergency response teams,
emergency response contractors, equipment suppliers and local hospitals.
(2) As part of this coordination, the small quantity generator shall
attempt to make arrangements, as necessary, to familiarize the above
organizations with the layout of the facility, the properties of
hazardous waste handled at the facility and associated hazards, places
where facility personnel would normally be working, entrances to roads
inside the facility, and possible evacuation routes as well as the types
of injuries or illnesses that could result from fires, explosions, or
releases at the facility.
(3) Where more than one police or fire department might respond to
an emergency, the small quantity generator shall attempt to make
arrangements designating primary emergency authority to a specific fire
or police department, and arrangements with any others to provide
support to the primary emergency authority.
(B) A small quantity generator shall maintain records documenting
the arrangements with the local fire department as well as any other
organization necessary to respond to an emergency. This documentation
must include documentation in the operating record that either confirms
such arrangements actively exist or, in cases where no arrangements
exist, confirms that attempts to make such arrangements were made.
(C) A facility possessing 24-hour response capabilities may seek a
waiver from the authority having jurisdiction (AHJ) over the fire code
within the facility's state or locality as far as needing to make
arrangements with the local fire department as well as any other
organization necessary to respond to an emergency, provided that the
waiver is documented in the operating record.
(9) Emergency procedures. The small quantity generator complies with
the following conditions for those areas of the generator facility where
hazardous waste is generated and accumulated:
(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 (b)(9)(iv) of this section. This employee is the
emergency coordinator.
(ii) The small quantity generator must post the following
information next to telephones or in areas directly involved in the
generation and accumulation of hazardous waste:
(A) The name and emergency 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 small quantity 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, the small quantity generator is
responsible for containing the flow of hazardous waste to the extent
possible, and as soon as is practicable, cleaning up the hazardous waste
and any contaminated materials or soil. Such containment and cleanup can
be conducted either by the small quantity generator or by a contractor
on behalf of the small quantity generator;
(C) In the event of a fire, explosion, or other release that could
threaten human health outside the facility or when the small quantity
generator has knowledge that a spill has reached surface water, the
small quantity 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:
[[Page 369]]
(1) The name, address, and U.S. EPA identification number of the
small quantity 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.
(c) Transporting over 200 miles. A small quantity generator who must
transport its waste, or offer its 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 the
generator complies with the conditions of paragraph (b) of this section.
(d) Accumulation time limit extension. A small quantity generator
who accumulates hazardous waste for more than 180 days (or for more than
270 days if it must transport its waste, or offer its waste for
transportation, over a distance of 200 miles or more) is subject to the
requirements of 40 CFR parts 264, 265, 267, 268, and 270 of this chapter
unless it 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.
(e) Rejected load. A small quantity 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)-(d) of this section. 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.
(f) A small quantity generator experiencing an episodic event may
accumulate hazardous waste in accordance with subpart L of this part in
lieu of Sec. 262.17.
[81 FR 85808, Nov. 28, 2016]
Sec. 262.17 Conditions for exemption for a large quantity generator
that accumulates hazardous waste.
A large quantity generator may accumulate hazardous waste on site
without a permit or interim status, and without complying with the
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA, provided that all
of the following conditions for exemption are met:
(a) Accumulation. A large quantity generator accumulates hazardous
waste on site for no more than 90 days, unless in compliance with the
accumulation time limit extension or F006 accumulation conditions for
exemption in paragraphs (b) through (e) of this section. The following
accumulation conditions also apply:
(1) Accumulation of hazardous waste in containers. If the hazardous
waste is placed in containers, the large quantity generator must comply
with the following:
(i) Air emission standards. The applicable requirements of subparts
AA, BB, and CC of 40 CFR part 265;
(ii) Condition of containers. If a container holding hazardous waste
is not in good condition, or if it begins to leak, the large quantity
generator must immediately transfer the hazardous waste from this
container to a container that is in good condition, or immediately
manage the waste in some other way that complies with the conditions for
exemption of this section;
(iii) Compatibility of waste with container. The large quantity
generator must use a container made of or lined with materials that will
not react with, and are otherwise compatible with, the hazardous waste
to be stored, so that the ability of the container to contain the waste
is not impaired;
(iv) Management of containers. (A) A container holding hazardous
waste
[[Page 370]]
must always be closed during accumulation, except when it is necessary
to add or remove waste.
(B) A container holding hazardous waste must not be opened, handled,
or stored in a manner that may rupture the container or cause it to
leak.
(v) Inspections. At least weekly, the large quantity generator must
inspect central accumulation areas. The large quantity generator must
look for leaking containers and for deterioration of containers caused
by corrosion or other factors. See paragraph (a)(1)(ii) of this section
for remedial action required if deterioration or leaks are detected.
(vi) Special conditions for accumulation of ignitable and reactive
wastes. (A) Containers holding ignitable or reactive waste must be
located at least 15 meters (50 feet) from the facility's property line
unless a written approval is obtained from the authority having
jurisdiction over the local fire code allowing hazardous waste
accumulation to occur within this restricted area. A record of the
written approval must be maintained as long as ignitable or reactive
hazardous waste is accumulated in this area.
(B) The large quantity generator 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 the following: 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 large quantity generator 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.
(vii) Special conditions for accumulation of incompatible wastes.
(A) Incompatible wastes, or incompatible wastes and materials, (see
appendix V of part 265 for examples) must not be placed in the same
container, unless Sec. 265.17(b) of this chapter is complied with.
(B) Hazardous waste must not be placed in an unwashed container that
previously held an incompatible waste or material (see appendix V of
part 265 for examples), unless Sec. 265.17(b) of this chapter is
complied with.
(C) A container holding a hazardous waste that is incompatible with
any waste or other materials accumulated or stored nearby in other
containers, piles, open tanks, or surface impoundments must be separated
from the other materials or protected from them by means of a dike,
berm, wall, or other device.
(2) Accumulation of hazardous waste in tanks. If the waste is placed
in tanks, the large quantity generator must comply with the applicable
requirements of subparts J, except Sec. 265.197(c) of Closure and post-
closure care and Sec. 265.200--Waste analysis and trial tests, as well
as the applicable requirements of AA, BB, and CC of 40 CFR part 265.
(3) Accumulation of hazardous waste on drip pads. If the hazardous
waste is placed on drip pads, the large quantity generator must comply
with the following:
(i) Subpart W of 40 CFR part 265;
(ii) The large quantity generator must remove all wastes from the
drip pad at least once every 90 days. Any hazardous wastes that are
removed from the drip pad are then subject to the 90-day accumulation
limit in paragraph (a) of this section and Sec. 262.15, if the
hazardous wastes are being managed in satellite accumulation areas prior
to being moved to a central accumulation area; and
(iii) The large quantity generator must maintain on site at the
facility the following records readily available for inspection:
(A) A written description of procedures that are 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.
(4) Accumulation of hazardous waste in containment buildings. If the
waste is placed in containment buildings, the large quantity generator
must comply with of 40 CFR part 265 subpart DD.
[[Page 371]]
The generator must label its containment building with the words
``Hazardous Waste'' in a conspicuous place easily visible to employees,
visitors, emergency responders, waste handlers, or other persons on
site, and also in a conspicuous place provide an indication of the
hazards of the contents (examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); hazard communication consistent with the
Department of Transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at 29 CFR 1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704). The
generator must also maintain:
(i) The professional engineer certification that the building
complies with the design standards specified in 40 CFR 265.1101. This
certification must be in the generator's files prior to operation of the
unit; and
(ii) The following records by use of inventory logs, monitoring
equipment, or any other effective means:
(A) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90 days, a written
description of the waste generation and management practices for the
facility showing that the generator is 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.
(C) Inventory logs or records with the above information must be
maintained on site and readily available for inspection.
(5) Labeling and marking of containers and tanks--(i) Containers. A
large quantity generator must mark or label its containers with the
following:
(A) The words ``Hazardous Waste'';
(B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at 29 CFR 1910.1200;
or a chemical hazard label consistent with the National Fire Protection
Association code 704); and
(C) The date upon which each period of accumulation begins clearly
visible for inspection on each container.
(ii) Tanks. A large quantity generator accumulating hazardous waste
in tanks must do the following:
(A) Mark or label its tanks with the words ``Hazardous Waste'';
(B) Mark or label its tanks with an indication of the hazards of the
contents (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with
the Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with
the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment or other records to
demonstrate that hazardous waste has been emptied within 90 days of
first entering the tank if using a batch process, or in the case of a
tank with a continuous flow process, demonstrate that estimated volumes
of hazardous waste entering the tank daily exit the tank within 90 days
of first entering; and
(D) Keep inventory logs or records with the above information on
site and readily available for inspection.
(6) Emergency procedures. The large quantity generator complies with
the standards in subpart M of this part, Preparedness, Prevention and
Emergency Procedures for Large Quantity Generators.
(7) Personnel training. (i)(A) Facility personnel must successfully
complete a program of classroom instruction, online training (e.g.,
computer-based or electronic), or on-the-job training that teaches them
to perform their duties in
[[Page 372]]
a way that ensures compliance with this part. The large quantity
generator must ensure that this program includes all the elements
described in the document required under paragraph (a)(7)(iv) of this
section.
(B) 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.
(C) 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:
(1) Procedures for using, inspecting, repairing, and replacing
facility emergency and monitoring equipment;
(2) Key parameters for automatic waste feed cut-off systems;
(3) Communications or alarm systems;
(4) Response to fires or explosions;
(5) Response to ground-water contamination incidents; and
(6) Shutdown of operations.
(D) For facility employees that receive emergency response training
pursuant to Occupational Safety and Health Administration regulations 29
CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not
required to provide separate emergency response training pursuant to
this section, provided that the overall facility training meets all the
conditions of exemption in this section.
(ii) Facility personnel must successfully complete the program
required in paragraph (a)(7)(i) of this section within six months after
the date of their employment or assignment to the facility, or to a new
position at the facility, whichever is later. Employees must not work in
unsupervised positions until they have completed the training standards
of paragraph (a)(7)(i) of this section.
(iii) Facility personnel must take part in an annual review of the
initial training required in paragraph (a)(7)(i) of this section.
(iv) The large quantity generator must maintain the following
documents and records at the facility:
(A) The job title for each position at the facility related to
hazardous waste management, and the name of the employee filling each
job;
(B) A written job description for each position listed under
paragraph (a)(7)(iv)(A) 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 qualifications,
and duties of facility personnel assigned to each position;
(C) 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 (a)(7)(iv)(A) of this section;
(D) Records that document that the training or job experience,
required under paragraphs (a)(7)(i), (ii), and (iii) of this section,
has been given to, and completed by, facility personnel.
(v) 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.
(8) Closure. A large quantity generator accumulating hazardous
wastes in containers, tanks, drip pads, and containment buildings, prior
to closing a unit at the facility, or prior to closing the facility,
must meet the following conditions:
(i) Notification for closure of a waste accumulation unit. A large
quantity generator must perform one of the following when closing a
waste accumulation unit:
(A) Place a notice in the operating record within 30 days after
closure identifying the location of the unit within the facility; or
(B) Meet the closure performance standards of paragraph (a)(8)(iii)
of this section for container, tank, and containment building waste
accumulation
[[Page 373]]
units or paragraph (a)(8)(iv) of this section for drip pads and notify
EPA following the procedures in paragraph (a)(8)(ii)(B) of this section
for the waste accumulation unit. If the waste accumulation unit is
subsequently reopened, the generator may remove the notice from the
operating record.
(ii) Notification for closure of the facility. (A) Notify EPA using
form 8700-12 no later than 30 days prior to closing the facility.
(B) Notify EPA using form 8700-12 within 90 days after closing the
facility that it has complied with the closure performance standards of
paragraph (a)(8)(iii) or (iv) of this section. If the facility cannot
meet the closure performance standards of paragraph (a)(8)(iii) or (iv)
of this section, notify EPA using form 8700-12 that it will close as a
landfill under Sec. 265.310 of this chapter in the case of a container,
tank or containment building unit(s), or for a facility with drip pads,
notify using form 8700-12 that it will close under the standards of
Sec. 265.445(b).
(C) A large quantity generator may request additional time to clean
close, but it must notify EPA using form 8700-12 within 75 days after
the date provided in paragraph (a)(8)(ii)(A) of this section to request
an extension and provide an explanation as to why the additional time is
required.
(iii) Closure performance standards for container, tank systems, and
containment building waste accumulation units. (A) At closure, the
generator must close the waste accumulation unit or facility in a manner
that:
(1) Minimizes the need for further maintenance by controlling,
minimizing, or eliminating, to the extent necessary to protect human
health and the environment, the post-closure escape of hazardous waste,
hazardous constituents, leachate, contaminated run-off, or hazardous
waste decomposition products to the ground or surface waters or to the
atmosphere,
(2) Removes or decontaminates all contaminated equipment, structures
and soil and any remaining hazardous waste residues from waste
accumulation units including containment system components (pads,
liners, etc.), contaminated soils and subsoils, bases, and structures
and equipment contaminated with waste, unless Sec. 261.3(d) of this
chapter applies.
(3) Any hazardous waste generated in the process of closing either
the generator's facility or unit(s) accumulating hazardous waste must be
managed in accordance with all applicable standards of parts 262, 263,
265 and 268 of this chapter, including removing any hazardous waste
contained in these units within 90 days of generating it and managing
these wastes in a RCRA Subtitle C hazardous waste permitted treatment,
storage and disposal facility or interim status facility.
(4) If the generator demonstrates that any contaminated soils and
wastes cannot be practicably removed or decontaminated as required in
paragraph (a)(8)(ii)(A)(2) of this section, then the waste accumulation
unit is considered to be a landfill and the generator must close the
waste accumulation unit and perform post-closure care in accordance with
the closure and post-closure care requirements that apply to landfills
(Sec. 265.310 of this chapter). In addition, for the purposes of
closure, post-closure, and financial responsibility, such a waste
accumulation unit is then considered to be a landfill, and the generator
must meet all of the requirements for landfills specified in subparts G
and H of part 265 of this chapter.
(iv) Closure performance standards for drip pad waste accumulation
units. At closure, the generator must comply with the closure
requirements of paragraphs (a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of
this section, and Sec. 265.445(a) and (b) of this chapter.
(v) The closure requirements of paragraph (a)(8) of this section do
not apply to satellite accumulation areas.
(9) Land disposal restrictions. The large quantity generator
complies with all applicable requirements under 40 CFR part 268.
(b) Accumulation time limit extension. A large quantity generator
who accumulates hazardous waste for more than 90 days is subject to the
requirements of 40 CFR parts 124, 264 through 268, and part 270 of this
chapter, and the notification requirements of section 3010 of RCRA,
unless it has been granted an extension to the 90-day period. Such
extension may be granted by EPA if
[[Page 374]]
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) Accumulation of F006. A large quantity generator who also
generates wastewater treatment sludges from electroplating operations
that meet the listing description for the EPA hazardous waste number
F006, may accumulate F006 waste on site for more than 90 days, but not
more than 180 days without being subject to parts 124, 264 through 267
and 270 of this chapter, and the notification requirements of section
3010 of RCRA, provided that it complies with all of the following
additional conditions for exemption:
(1) The large quantity 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)(A) If the F006 waste is placed in containers, the large quantity
generator must comply with the applicable conditions for exemption in
paragraph (a)(1) of this section; and/or
(B) If the F006 is placed in tanks, the large quantity generator
must comply with the applicable conditions for exemption of paragraph
(a)(2) of this section; and/or
(C) If the F006 is placed in containment buildings, the large
quantity generator must comply 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 files prior to operation of the unit. The large quantity
generator must maintain the following records:
(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 large quantity generator is complying with the
procedures; or
(2) Documentation that the unit is emptied at least once every 180
days.
(ii) The large quantity generator is exempt from all the
requirements in subparts G and H of 40 CFR part 265, except for those
referenced in paragraph (a)(8) of this section.
(iii) The date upon which each period of accumulation begins is
clearly marked and must be clearly visible for inspection on each
container;
(iv) While being accumulated on site, each container and tank is
labeled or marked clearly with:
(A) The words ``Hazardous Waste''; and
(B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at 29 CFR 1910.1200;
or a chemical hazard label consistent with the National Fire Protection
Association code 704).
(v) The large quantity generator complies with the requirements in
paragraphs(a)(6) and (7) of this section.
(d) F006 transported over 200 miles. A large quantity generator who
also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the EPA hazardous waste
number 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 being subject to parts 124, 264 through
267, 270, and the notification requirements of section 3010 of RCRA,
[[Page 375]]
if the large quantity generator complies with all of the conditions for
exemption of paragraphs (c)(1) through (4) of this section.
(e) F006 accumulation time extension. A large quantity generator
accumulating F006 in accordance with paragraphs (c) and (d) 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 124, 264, 265, 267, and 270 of this
chapter, and the notification requirements of section 3010 of RCRA,
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.
(f) Consolidation of hazardous waste received from very small
quantity generators. Large quantity generators may accumulate on site
hazardous waste received from very small quantity generators under
control of the same person (as defined in Sec. 260.10 of this chapter),
without a storage permit or interim status and without complying with
the requirements of parts 124, 264 through 268, and 270 of this chapter,
and the notification requirements of section 3010 of RCRA, provided that
they comply with the following conditions. ``Control,'' for the purposes
of this section, means the power to direct the policies of the
generator, whether by the ownership of stock, voting rights, or
otherwise, except that contractors who operate generator facilities on
behalf of a different person shall not be deemed to ``control'' such
generators.
(1) The large quantity generator notifies EPA at least thirty (30)
days prior to receiving the first shipment from a very small quantity
generator(s) using EPA Form 8700-12; and
(i) Identifies on the form the name(s) and site address(es) for the
very small quantity generator(s) as well as the name and business
telephone number for a contact person for the very small quantity
generator(s); and
(ii) Submits an updated Site ID form (EPA Form 8700-12) within 30
days after a change in the name or site address for the very small
quantity generator.
(2) The large quantity generator maintains records of shipments for
three years from the date the hazardous waste was received from the very
small quantity generator. These records must identify the name, site
address, and contact information for the very small quantity generator
and include a description of the hazardous waste received, including the
quantity and the date the waste was received.
(3) The large quantity generator complies with the independent
requirements identified in Sec. 262.10(a)(1)(iii) and the conditions
for exemption in this section for all hazardous waste received from a
very small quantity generator. For purposes of the labeling and marking
regulations in paragraph (a)(5) of this section, the large quantity
generator must label the container or unit with the date accumulation
started (i.e., the date the hazardous waste was received from the very
small quantity generator). If the large quantity generator is
consolidating incoming hazardous waste from a very small quantity
generator with either its own hazardous waste or with hazardous waste
from other very small quantity generators, the large quantity generator
must label each container or unit with the earliest date any hazardous
waste in the container was accumulated on site.
(g) Rejected load. A large quantity 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
[[Page 376]]
of this chapter may accumulate the returned waste on site in accordance
with paragraphs (a) and (b) of this section. 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.
[81 FR 85808, Nov. 28, 2016]
Sec. 262.18 EPA identification numbers and re-notification for small
quantity generators and large quantity generators.
(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
must 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 its hazardous waste to transporters
or to treatment, storage, or disposal facilities that have not received
an EPA identification number.
(d) Re-notification. (1) A small quantity generator must re-notify
EPA starting in 2021 and every four years thereafter using EPA Form
8700-12. This re-notification must be submitted by September 1st of each
year in which re-notifications are required.
(2) A large quantity generator must re-notify EPA by March 1 of each
even-numbered year thereafter using EPA Form 8700-12. A large quantity
generator may submit this re-notification as part of its Biennial Report
required under Sec. 262.41.
(e) A recognized trader must not arrange for import or export of
hazardous waste without having received an EPA identification number
from the Administrator.
[81 FR 85808, Nov. 28, 2016]
Subpart B_Manifest Requirements Applicable to Small and Large Quantity
Generators
Sec. 262.20 General requirements.
(a)(1) A generator that transports, or offers for transport a
hazardous waste for offsite treatment, storage, or disposal, or a
treatment, storage, or disposal facility that 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.
(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, and 262.60, 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, and
262.60, contained in the 40 CFR, parts 260 to 265, edition revised as of
July 1, 2004, shall be applicable until September 5, 2006.
(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.
(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:
[[Page 377]]
(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 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; 79 FR 7558,
Feb. 7, 2014; 83 FR 451, Jan. 3, 2018]
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.,
[[Page 378]]
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 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.
[[Page 379]]
(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 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 five-copy
forms. Copy-to-copy registration must be exact within 1/32nd of an inch.
Handwritten and typed impressions on the form must be legible on all
five 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 EPA's e-Manifest
system'';
(ii) Page 2: ``Designated facility to generator'';
(iii) Page 3: ``Designated facility copy'';
(iv) Page 4: ``Transporter copy''; and
(v) Page 5 (bottom copy): ``Generator's initial copy.''
(7) The instructions for the manifest form (EPA Form 8700-22) and
the manifest continuation sheet (EPA Form 8700-22A) shall be printed in
accordance with the content that is currently approved under OMB Control
Number 2050-0039 and published to the e-Manifest program's website. The
instructions 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 5;
(B) The ``Instructions for International Shipment Block'' and
``Instructions for Transporters'' on Copy 4; and
(C) The ``Instructions for Treatment, Storage, and Disposal
Facilities'' on Copy 3.
(ii) Manifest Form 8700-22A.
(A) The ``Instructions for Generators'' on Copy 5;
(B) The ``Instructions for Transporters'' on Copy 4; and
(C) The ``Instructions for Treatment, Storage, and Disposal
Facilities'' on Copy 3.
(8) The designated facility copy of each manifest and continuation
sheet must include in the bottom margin the following warning in
prominent font: ``If you received this manifest, you have
responsibilities under the e-Manifest Act. See instructions on reverse
side.''
(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
[[Page 380]]
(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 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
[[Page 381]]
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; 83 FR 451, Jan. 3, 2018]
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).
(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
[[Page 382]]
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.
(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 use
an electronic manifest for the tracking of 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 use of the electronic manifest, except that:
(1) A generator may sign by hand and retain a paper copy of the
manifest signed by hand by the initial transporter, in lieu of executing
the generator copy electronically, thereby enabling the transporter and
subsequent waste handlers to execute the remainder of the manifest
copies electronically.
(2) [Reserved]
(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, 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) [Reserved]
(h) Post-receipt manifest data corrections. After facilities have
certified to the receipt of hazardous wastes by signing Item 20 of the
manifest, any post-receipt data corrections may be submitted at any time
by any interested person (e.g., waste handler) named on the manifest.
Generators may participate electronically in the post-receipt data
corrections process by following the process described in Sec.
264.71(l) of this chapter, which applies to corrections made to either
paper or electronic manifest records.
[79 FR 7558, Feb. 7, 2014, as amended at 83 FR 452, Jan. 3, 2018]
Sec. 262.25 Electronic manifest signatures.
Electronic signature methods for the e-Manifest system shall:
[[Page 383]]
(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]
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
(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 Applicable to Small and Large
Quantity Generators
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:
(1) HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
(2) Generator's Name and Address ____.
(3) Generator's EPA Identification Number ____.
(4) Manifest Tracking Number ____.
(5) EPA Hazardous Waste Number(s) ____.
(c) A generator may use a nationally recognized electronic system,
such as bar coding, to identify the EPA Hazardous Waste Number(s), as
required by paragraph (b)(5) or paragraph (d).
(d) Lab packs that will be incinerated in compliance with Sec.
268.42(c) are not required to be marked with EPA Hazardous Waste
Number(s), except D004, D005, D006, D007, D008, D010, and D011, where
applicable.
[45 FR 33142, May 19, 1980, as amended at 70 FR 10817, Mar. 4, 2005; 81
FR 85818, Nov. 28, 2016]
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]
[[Page 384]]
Sec. 262.34 [Reserved]
Sec. 262.35 Liquids in landfills prohibition.
The placement of bulk or non-containerized liquid hazardous waste or
hazardous waste containing free liquids (whether or not sorbents have
been added) in any landfill is prohibited. Prior to disposal in a
hazardous waste landfill, liquids must meet additional requirements as
specified in Sec. Sec. 264.314 and 265.314.
[81 FR 85818, Nov. 28, 2016]
Subpart D_Recordkeeping and Reporting Applicable to Small and Large
Quantity Generators
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) See Sec. 262.11(f) for recordkeeping requirements for
documenting hazardous waste determinations.
(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; 82
FR 85818, Nov. 28, 2016]
Sec. 262.41 Biennial report for large quantity generators.
(a) A generator who is a large quantity generator for at least one
month of an odd-numbered year (reporting year) who ships any hazardous
waste off-site to a treatment, storage or disposal facility within the
United States must complete and submit EPA Form 8700-13 A/B to the
Regional Administrator by March 1 of the following even-numbered year
and must cover generator activities during the previous year.
(b) Any generator who is a large quantity generator for at least one
month of an odd-numbered year (reporting year) who treats, stores, or
disposes of hazardous waste on site must complete and submit EPA Form
8700-13 A/B to the Regional Administrator by March 1 of the following
even-numbered year covering those wastes in accordance with the
provisions of 40 CFR parts 264, 265, 266, 267 and 270. This requirement
also applies to large quantity generators that receive hazardous waste
from very small quantity generators pursuant to Sec. 262.17(f).
(c) Exports of hazardous waste to foreign countries are not required
to be reported on the Biennial Report form. A separate annual report
requirement is set forth at Sec. 262.83(g) for hazardous waste
exporters.
[81 FR 85818, Nov. 28, 2017]
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;
[[Page 385]]
(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 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 deemed necessary under sections 2002(a) and
3002(a)(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.
[82 FR 85818, Nov. 28, 2016]
Sec. 262.44 Recordkeeping for small quantity generators.
A small quantity generator is subject only to the following
independent 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, as amended at 81 FR 85819, Nov. 28, 2016]
Subparts E-F [Reserved]
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 or
Disposal
Source: 81 FR 85715, Nov. 28, 2016, unless otherwise noted.
Sec. 262.80 Applicability.
(a) The requirements of this subpart apply to transboundary
movements of hazardous wastes.
[[Page 386]]
(b) Any person (including exporter, importer, disposal facility
operator, 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.
In addition to the definitions set forth at 40 CFR 260.10, 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.
Countries concerned means the countries of export or import and any
countries of transit.
Country of export means any country from which a transboundary
movement of hazardous wastes is planned to be initiated or is initiated.
Country of import means any country to which a transboundary
movement of hazardous wastes is planned or takes place for the purpose
of submitting the wastes to recovery or disposal operations therein.
Country of transit means any country other than the country of
export or country of import across which a transboundary movement of
hazardous wastes is planned or takes place.
Disposal operations means activities which do not lead to the
possibility of resource recovery, recycling, reclamation, direct re-use
or alternate uses, which include:
(1) D1 Release or Deposit into or onto land, other than by any of
operations D2 through D5 or D12.
(2) D2 Land treatment, such as biodegradation of liquids or sludges
in soils.
(3) D3 Deep injection, such as injection into wells, salt domes or
naturally occurring repositories.
(4) D4 Surface impoundment, such as placing of liquids or sludges
into pits, ponds or lagoons.
(5) D5 Specially engineered landfill, such as placement into lined
discrete cells which are capped and isolated from one another and the
environment.
(6) D6 Release into a water body other than a sea or ocean, and
other than by operation D4.
(7) D7 Release into a sea or ocean, including sea-bed insertion,
other than by operation D4.
(8) D8 Biological treatment not specified elsewhere in operations D1
through D12, which results in final compounds or mixtures which are
discarded by means of any of operations D1 through D12.
(9) D9 Physical or chemical treatment not specified elsewhere in
operations D1 through D12, such as evaporation, drying, calcination,
neutralization, or precipitation, which results in final compounds or
mixtures which are discarded by means of any of operations D1through
D12.
(10) D10 Incineration on land.
(11) D11 Incineration at sea.
(12) D12 Permanent storage.
(13) D13 Blending or mixing, prior to any of operations D1 through
D12.
(14) D14 Repackaging, prior to any of operations D1 through D13.
(15) D15 (or DC17 for transboundary movements with Canada only)
Interim Storage, prior to any of operations D1 through D12.
(16) DC15 Release, including the venting of compressed or liquified
gases, or treatment, other than by any of operations D1 to D12 (for
transboundary movements with Canada only).
(17) DC16 Testing of a new technology to dispose of a hazardous
waste (for transboundary movements with Canada only).
EPA Acknowledgment of Consent (AOC) means the letter EPA sends to
the exporter documenting the specific terms of the country of import's
consent and the country(ies) of transit's consent(s). The AOC meets the
definition of an export license in U.S. Census Bureau regulations 15 CFR
30.1.
Export means the transportation of hazardous waste from a location
under the jurisdiction of the United States to a location under the
jurisdiction of another country, or a location not under the
jurisdiction of any country, for the
[[Page 387]]
purposes of recovery or disposal operations therein.
Exporter, also known as primary exporter on the RCRA hazardous waste
manifest, means the person domiciled in the United States who is
required to originate the movement document in accordance with Sec.
262.83(d) or the manifest for a shipment of hazardous waste in
accordance with subpart B of this part, or equivalent State provision,
which specifies a foreign receiving facility as the facility to which
the hazardous wastes will be sent, or any recognized trader who proposes
export of the hazardous wastes for recovery or disposal operations in
the country of import.
Foreign 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 hazardous wastes and who proposes shipment of the
hazardous wastes to the United States for recovery or disposal
operations.
Foreign importer means the person to whom possession or other form
of legal control of the hazardous waste is assigned at the time the
exported hazardous waste is received in the country of import.
Foreign receiving facility means a facility which, under the
importing country's applicable domestic law, is operating or is
authorized to operate in the country of import to receive the hazardous
wastes and to perform recovery or disposal operations on them.
Import means the transportation of hazardous waste from a location
under the jurisdiction of another country to a location under the
jurisdiction of the United States for the purposes of recovery or
disposal operations therein.
Importer means the person to whom possession or other form of legal
control of the hazardous waste is assigned at the time the imported
hazardous waste is received in the United States.
OECD area means all land or marine areas under the national
jurisdiction of any OECD Member country. When the regulations refer to
shipments to or from an OECD Member country, this means OECD area.
OECD means the Organization for Economic Cooperation and
Development.
OECD Member country means the countries that are members of the OECD
and participate in the Amended 2001 OECD Decision. (EPA provides a list
of OECD Member countries at https://www.epa.gov/hwgenerators/
international-agreements-transboundary-shipments-waste).
Receiving facility means a U.S. facility which, under RCRA and other
applicable domestic laws, is operating or is authorized to operate to
receive hazardous wastes and to perform recovery or disposal operations
on them.
Recovery operations means activities leading to resource recovery,
recycling, reclamation, direct re-use or alternative uses, which
include:
(1) R1 Use as a fuel (other than in direct incineration) or other
means to generate energy.
(2) R2 Solvent reclamation/regeneration.
(3) R3 Recycling/reclamation of organic substances which are not
used as solvents.
(4) R4 Recycling/reclamation of metals and metal compounds.
(5) R5 Recycling/reclamation of other inorganic materials.
(6) R6 Regeneration of acids or bases.
(7) R7 Recovery of components used for pollution abatement.
(8) R8 Recovery of components used from catalysts.
(9) R9 Used oil re-refining or other reuses of previously used oil.
(10) R10 Land treatment resulting in benefit to agriculture or
ecological improvement.
(11) R11 Uses of residual materials obtained from any of the
operations numbered R1 through R10 or RC14 (for transboundary shipments
with Canada only).
(12) R12 Exchange of wastes for submission to any of the operations
numbered R1 through R11 or RC14 (for transboundary shipments with Canada
only).
(13) R13 Accumulation of material intended for any operation
numbered R1 through R12 or RC14 (for transboundary shipments with Canada
only).
[[Page 388]]
(14) RC14 Recovery or regeneration of a substance or use or re-use
of a recyclable material, other than by any of operations R1 to R10 (for
transboundary shipments with Canada only).
(15) RC15 Testing of a new technology to recycle a hazardous
recyclable material (for transboundary shipments with Canada only).
(16) RC16 Interim storage prior to any of operations R1 to R11 or
RC14 (for transboundary shipments with Canada only).
Transboundary movement means any movement of hazardous wastes from
an area under the national jurisdiction of one country to an area under
the national jurisdiction of another 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 whether the waste is or is not hazardous waste.
The OECD Green and Amber lists are incorporated by reference in 40 CFR
260.11.
(1) Green list wastes. (i) Green wastes that are not hazardous
wastes are subject to existing controls normally applied to commercial
transactions, and are not subject to the requirements of this subpart.
(ii) Green wastes that are hazardous wastes are subject to the
requirements of this subpart.
(2) Amber list wastes. (i) Amber wastes that are hazardous wastes
are subject to the requirements of this subpart, even if they are
imported to or exported from a country that does not consider the waste
to be hazardous or control the transboundary shipment as a hazardous
waste import or export.
(A) For exports, the exporter must comply with Sec. 262.83.
(B) For imports, the recovery or disposal facility and the importer
must comply with Sec. 262.84.
(ii) Amber wastes that are not hazardous wastes, but are considered
hazardous by the other country are subject to the Amber control
procedures in the country that considers the waste hazardous, and are
not subject to the requirements of this subpart. All responsibilities of
the importer or exporter shift to the foreign importer or foreign
exporter in the other country that considers the waste hazardous unless
the parties make other arrangements through contracts.
Note to paragraph (a)(2):
Some Amber list wastes are not listed or otherwise identified as
hazardous under RCRA, and therefore are not subject to the requirements
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) Mixtures of wastes. (i) A Green waste that is mixed with one or
more other Green wastes such that the resulting mixture is not hazardous
waste is not subject to the requirements of this subpart.
Note to paragraph (a)(3)(i):
The regulated community should note that some 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 hazardous waste is
subject to the requirements of this subpart.
Note to paragraph (a)(3)(ii):
The regulated community should note that some 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 hazardous wastes, such wastes are subject to
the requirements of this subpart.
(ii) If such wastes are not hazardous wastes, such wastes are not
subject to the requirements of this subpart.
(b) General conditions applicable to transboundary movements of
hazardous waste. (1) The hazardous waste must be destined for recovery
or disposal operations at a facility that, under applicable domestic
law, is operating or is authorized to operate in the country of import;
[[Page 389]]
(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 hazardous waste through one or more countries
must be conducted in compliance with all applicable international and
national laws and regulations.
(c) Duty to return wastes subject to the Amber control procedures
during transit through the United States. When a transboundary movement
of hazardous wastes transiting the United States and 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 or
dispose of these wastes in an environmentally sound manner, the waste
must be returned to the country of export. The U.S. transporter must
inform EPA at the specified mailing address in paragraph (e) of this
section 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 countries.
(d) Laboratory analysis exemption. Export or import of a hazardous
waste sample is exempt from the requirements of this subpart if the
sample is destined for laboratory analysis to assess its physical or
chemical characteristics, or to determine its suitability for recovery
or disposal operations, does not exceed twenty-five kilograms (25 kg) in
quantity, is appropriately packaged and labeled, and complies with the
conditions of 40 CFR 261.4(d) or (e).
(e) EPA Address for submittals by postal mail or hand delivery.
Submittals required in this subpart to be made by postal mail or hand
delivery should be sent to the following addresses:
(1) For postal mail delivery, the Office of Land and Emergency
Management, Office of Resource Conservation and Recovery, Materials
Recovery and Waste Management Division, International Branch (Mail Code
2255A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
(2) For hand-delivery, the Office of Land and Emergency Management,
Office of Resource Conservation and Recovery, Materials Recovery and
Waste Management Division, International Branch (Mail Code 2255A),
Environmental Protection Agency, William Jefferson Clinton South
Building, Room 6144, 1200 Pennsylvania Ave. NW, Washington, DC 20004.
[81 FR 85715, Nov. 28, 2016, as amended at 83 FR 38263, Aug. 6, 2018]
Sec. 262.83 Exports of hazardous waste.
(a) General export requirements. Except as provided in paragraphs
(a)(5) and (6) of this section, exporters that have received an AOC from
EPA before December 31, 2016 are subject to that approval and the
requirements listed in the AOC that existed at the time of that approval
until such time the approval period expires. All other exports of
hazardous waste are prohibited unless:
(1) The exporter complies with the contract requirements in
paragraph (f) of this section;
(2) The exporter complies with the notification requirements in
paragraph (b) of this section;
(3) The exporter receives an AOC from EPA documenting consent from
the countries of import and transit (and original country of export if
exporting previously imported hazardous waste);
(4) The exporter ensures compliance with the movement documents
requirements in paragraph (d) of this section;
(5) The exporter ensures compliance with the manifest instructions
for export shipments in paragraph (c) of this section; and
(6) The exporter or a U.S. authorized agent:
[[Page 390]]
(i) For shipments initiated prior to the AES filing compliance date,
does one of the following:
(A) Submits Electronic Export Information (EEI) for each shipment to
the Automated Export System (AES) or its successor system, under the
International Trade Data System (ITDS) platform, in accordance with 15
CFR 30.4(b), and includes the following items in the EEI, along with the
other information required under 15 CFR 30.6:
(1) EPA license code;
(2) Commodity classification code for each hazardous waste per 15
CFR 30.6(a)(12);
(3) EPA consent number for each hazardous waste;
(4) Country of ultimate destination code per 15 CFR 30.6(a)(5);
(5) Date of export per 15 CFR 30.6(a)(2);
(6) RCRA hazardous waste manifest tracking number, if required;
(7) Quantity of each hazardous waste in shipment and units for
reported quantity, if required reporting units established by value for
the reported commodity classification number are in units of weight or
volume per 15 CFR 30.6(a)(15); or
(8) EPA net quantity for each hazardous waste reported in units of
kilograms if solid or in units of liters if liquid, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
(B) Complies with a paper-based process by:
(1) Attaching paper documentation of consent (i.e., a copy of the
EPA Acknowledgment of Consent, international movement document) to the
manifest, or shipping papers if a manifest is not required, which must
accompany the hazardous waste shipment. For exports by rail or water
(bulk shipment), the primary exporter must provide the transporter with
the paper documentation 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
paper documentation of consent to the shipping paper.
(2) Providing the transporter with an additional copy of the
manifest, and instructing the transporter via mail, email or fax to
deliver that copy to the U.S. Customs official at the point the
hazardous waste leaves the United States in accordance with 40 CFR
263.20(g)(4)(ii)
(ii) For shipments initiated on or after the AES filing compliance
date, submits Electronic Export Information (EEI) for each shipment to
the Automated Export System (AES) or its successor system, under the
International Trade Data System (ITDS) platform, in accordance with 15
CFR 30.4(b), and includes the following items in the EEI, along with the
other information required under 15 CFR 30.6:
(A) EPA license code;
(B) Commodity classification code for each hazardous waste per 15
CFR 30.6(a)(12);
(C) EPA consent number for each hazardous waste;
(D) Country of ultimate destination code per 15 CFR 30.6(a)(5);
(E) Date of export per 15 CFR 30.6(a)(2);
(F) RCRA hazardous waste manifest tracking number, if required;
(G) Quantity of each hazardous waste in shipment and units for
reported quantity, if required reporting units established by value for
the reported commodity classification number are in units of weight or
volume per 15 CFR 30.6(a)(15); or
(H) EPA net quantity for each hazardous waste reported in units of
kilograms if solid or in units of liters if liquid, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
(b) Notifications--(1) General notifications. At least sixty (60)
days before the first shipment of hazardous waste is expected to leave
the United States, the exporter must provide notification in English to
EPA of the proposed transboundary movement. Notifications must be
submitted electronically using EPA's Waste Import Export Tracking System
(WIETS), or its successor system. The notification may cover up to one
year of shipments of one or more hazardous wastes being sent to the same
recovery or disposal facility, and
[[Page 391]]
must include all of the following information:
(i) Exporter name and EPA identification number, address, telephone,
fax numbers, and email address;
(ii) Foreign receiving facility name, address, telephone, fax
numbers, email address, technologies employed, and the applicable
recovery or disposal operations as defined in Sec. 262.81;
(iii) Foreign importer name (if not the owner or operator of the
foreign receiving facility), address, telephone, fax numbers, and email
address;
(iv) Intended transporter(s) and/or their agent(s); address,
telephone, fax, and email address;
(v) ``U.S.'' as the country of export name, ``USA01'' as the
relevant competent authority code, and the intended U.S. port(s) of
exit;
(vi) The ISO standard 3166 country name 2-digit code, OECD/Basel
competent authority code, and the ports of entry and exit for each
country of transit;
(vii) The ISO standard 3166 country name 2-digit code, OECD/Basel
competent authority code, and port of entry for the country of import;
(viii) Statement of whether the notification covers a single
shipment or multiple shipments;
(ix) Start and End Dates requested for transboundary movements;
(x) Means of transport planned to be used;
(xi) Description(s) of each hazardous waste, including whether each
hazardous waste is regulated universal waste under 40 CFR part 273, or
the state equivalent, spent lead-acid batteries being exported for
recovery of lead under 40 CFR part 266, subpart G, or the state
equivalent, or industrial ethyl alcohol being exported for reclamation
under 40 CFR 261.6(a)(3)(i), or the state equivalent, estimated total
quantity of each waste in either metric tons or cubic meters, the
applicable RCRA waste code(s) for each hazardous waste, the applicable
OECD waste code from the lists incorporated by reference in 40 CFR
260.11, and the United Nations/U.S. Department of Transportation (DOT)
ID number for each waste;
(xii) Specification of the recovery or disposal operation(s) as
defined in Sec. 262.81.
(xiii) 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 guarantee is or shall be in force covering
the transboundary movement.
Name:
Signature:
Date:
(2) Exports to pre-consented recovery facilities in OECD Member
countries. If the recovery facility is located in an OECD member country
and has been pre-consented by the competent authority of the OECD member
country to recover the waste sent by exporters located in other OECD
member countries, the notification may cover up to three years of
shipments. Notifications proposing export to a pre-consented facility in
an OECD member country must include all information listed in paragraphs
(b)(1)(i) through (b)(1)(xiii) of this section and additionally state
that the facility is pre-consented. Exporters must submit the
notification to EPA using the allowable methods listed in paragraph
(b)(1) of this section at least ten days before the first shipment is
expected to leave the United States.
(3) Notifications listing interim recycling operations or interim
disposal operations. If the foreign receiving facility listed in
paragraph (b)(1)(ii) of this section will engage in any of the interim
recovery operations R12 or R13 or interim disposal operations D13
through D15, or in the case of transboundary movements with Canada, any
of the interim recovery operations R12, R13, or RC16, or interim
disposal operations D13 to D14, or DC17, the notification submitted
according to paragraph (b)(1) of this section must also include the
final foreign recovery or disposal facility name, address, telephone,
fax numbers, email address, technologies employed, and which of the
applicable recovery or disposal operations R1 through R11 and D1 through
D12, or in the case of transboundary movements with Canada, which of the
applicable
[[Page 392]]
recovery or disposal operations R1 through R11, RC14 to RC15, D1 through
D12, and DC15 to DC16 will be employed at the final foreign recovery or
disposal facility. The recovery and disposal operations in this
paragraph are defined in Sec. 262.81.
(4) Renotifications. When the exporter wishes to change any of the
information specified on the original notification (including increasing
the estimate of the total quantity of hazardous waste specified in the
original notification or adding transporters), the exporter must submit
a renotification of the changes to EPA using the allowable methods in
paragraph (b)(1) of this section. Any shipment using the requested
changes cannot take place until the countries of import and transit
consent to the changes and the exporter receives an EPA AOC letter
documenting the countries' consents to the changes.
(5) For cases where the proposed country of import and recovery or
disposal operations are not covered under an international agreement to
which both the United States and the country of import are parties, EPA
will coordinate with the Department of State to provide the complete
notification to country of import and any countries of transit. In all
other cases, EPA will provide the notification directly to the country
of import and any countries of transit. A notification is complete when
EPA receives a notification which EPA determines satisfies the
requirements of paragraphs (b)(1)(i) through (xiii) of this section.
(6) Where the countries of import and transit consent to the
proposed transboundary movement(s) of the hazardous waste(s), EPA will
forward an EPA AOC letter to the exporter documenting the countries'
consents. Where any of the countries of import and transit objects to
the proposed transboundary movement(s) of the hazardous waste or
withdraws a prior consent, EPA will notify the exporter.
(7) Export of hazardous wastes for recycling or disposal operations
that were originally imported into the United States for recycling or
disposal operations in a third country is prohibited unless an exporter
in the United States complies with the export requirements in Sec.
262.83, including providing notification to EPA in accordance with
paragraph (b)(1) of this section. In addition to listing all required
information in paragraphs (b)(1)(i) through (b)(1)(xiii) of this
section, the exporter must provide the original consent number issued
for the initial import of the wastes in the notification, and receive an
AOC from EPA documenting the consent of the competent authorities in new
country of import, the original country of export, and any transit
countries prior to re-export.
(8) Upon request by EPA, the exporter must furnish to EPA any
additional information which the country of import requests in order to
respond to a notification.
(c) RCRA manifest instructions for export shipments. The exporter
must comply with the manifest requirements of Sec. Sec. 262.20 through
262.23 except that:
(1) In lieu of the name, site address and EPA ID number of the
designated permitted facility, the exporter must enter the name and site
address of the foreign receiving facility;
(2) In the International Shipments block, the exporter must check
the export box and enter the U.S. port of exit (city and State) from the
United States.
(3) The exporter must list the consent number from the AOC for each
hazardous waste listed on the manifest, matched to the relevant list
number for the hazardous waste from block 9b. If additional space is
needed, the exporter should use a Continuation Sheet(s) (EPA Form 8700-
22A).
(4) The 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).
(d) Movement document requirements for export shipments. (1) All
exporters must ensure that a movement document meeting the conditions of
paragraph (d)(2) of this section accompanies each transboundary movement
of hazardous wastes from the initiation of the shipment until it reaches
the foreign receiving facility, including cases in which the hazardous
waste is stored and/or sorted by the foreign importer
[[Page 393]]
prior to shipment to the foreign receiving facility, except as provided
in paragraphs (d)(1)(i) and (ii) of this section.
(i) For shipments of hazardous waste within the United States solely
by water (bulk shipments only), the exporter must forward the movement
document to the last water (bulk shipment) transporter to handle the
hazardous waste in the United States if exported by water.
(ii) For rail shipments of hazardous waste within the United States
which start from the company originating the export shipment, the
exporter must forward the movement document to the next non-rail
transporter, if any, or the last rail transporter to handle the
hazardous waste in the United States if exported by rail.
(2) The movement document must include the following paragraphs
(d)(2)(i) through (xv) of this section:
(i) The corresponding consent number(s) and hazardous waste
number(s) for the listed hazardous waste from the relevant EPA AOC(s);
(ii) The shipment number and the total number of shipments from the
EPA AOC;
(iii) Exporter name and EPA identification number, address,
telephone, fax numbers, and email address;
(iv) Foreign receiving facility name, address, telephone, fax
numbers, email address, technologies employed, and the applicable
recovery or disposal operations as defined in Sec. 262.81;
(v) Foreign importer name (if not the owner or operator of the
foreign receiving facility), address, telephone, fax numbers, and email
address;
(vi) Description(s) of each hazardous waste, quantity of each
hazardous waste in the shipment, applicable RCRA hazardous waste code(s)
for each hazardous waste, applicable OECD waste code for each hazardous
waste from the lists incorporated by reference in 40 CFR 260.11, and the
United Nations/U.S. Department of Transportation (DOT) ID number for
each hazardous waste;
(vii) Date movement commenced;
(viii) Name (if not exporter), address, telephone, fax numbers, and
email of company originating the shipment;
(ix) Company name, EPA ID number, address, telephone, fax, and email
address of all transporters;
(x) Identification (license, registered name or registration number)
of means of transport, including types of packaging;
(xi) Any special precautions to be taken by transporter(s);
(xii) Certification/declaration signed and dated by the exporter
that the information in the movement document is complete and correct;
(xiii) Appropriate signatures for each custody transfer (e.g.,
transporter, importer, and owner or operator of the foreign receiving
facility);
(xiv) Each U.S. person that has physical custody of the hazardous
waste from the time the movement commences until it arrives at the
foreign receiving facility must sign the movement document (e.g.,
transporter, foreign importer, and owner or operator of the foreign
receiving facility); and
(xv) As part of the contract requirements per paragraph (f) of this
section, the exporter must require that the foreign receiving facility
send a copy of the signed movement document to confirm receipt within
three working days of shipment delivery to the exporter, to the
competent authorities of the countries of import and transit, and for
shipments occurring on or after the electronic import-export reporting
compliance date, the exporter must additionally require that the foreign
receiving facility send a copy to EPA at the same time using the
allowable methods listed in paragraph (b)(1) of this section.
(e) Duty to return or re-export hazardous wastes. When a
transboundary movement of hazardous wastes cannot be completed in
accordance with the terms of the contract or the consent(s) and
alternative arrangements cannot be made to recover or dispose of the
waste in an environmentally sound manner in the country of import, the
exporter must ensure that the hazardous waste is returned to the United
States or re-exported to a third country. If the waste must be returned,
the exporter must provide for the return of the hazardous waste shipment
within ninety days from the time the country of import informs EPA of
the need to
[[Page 394]]
return the waste or such other period of time as the concerned countries
agree. In all cases, the exporter must submit an exception report to EPA
in accordance with paragraph (h) of this section.
(f) Export contract requirements. (1) Exports of hazardous waste 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, foreign importer (if different from the
foreign receiving facility), and the owner or operator of the foreign
receiving 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.
(2) Contracts or equivalent arrangements must specify the name and
EPA ID number, where available, of paragraph (f)(2)(i) through (iv) of
this section:
(i) The company from where each export shipment of hazardous waste
is initiated;
(ii) Each person who will have physical custody of the hazardous
wastes;
(iii) Each person who will have legal control of the hazardous
wastes; and
(iv) The foreign receiving facility.
(3) Contracts or equivalent arrangements must specify which party to
the contract will assume responsibility for alternate management of the
hazardous wastes if their disposition cannot be carried out as described
in the notification of intent to export. In such cases, contracts must
specify that:
(i) The transporter or foreign receiving facility having actual
possession or physical control over the hazardous wastes will
immediately inform the exporter, EPA, and either the competent authority
of the country of transit or the competent authority of the country of
import of the need to make alternate management arrangements; and
(ii) The person specified in the contract will assume responsibility
for the adequate management of the hazardous wastes in compliance with
applicable laws and regulations including, if necessary, arranging the
return of hazardous wastes and, as the case may be, shall provide the
notification for re-export to the competent authority in the country of
import and include the equivalent of the information required in
paragraph (b)(1) of this section, the original consent number issued for
the initial export of the hazardous wastes in the notification, and
obtain consent from EPA and the competent authorities in the new country
of import and any transit countries prior to re-export.
(4) Contracts must specify that the foreign receiving facility send
a copy of the signed movement document to confirm receipt within three
working days of shipment delivery to the exporter and to the competent
authorities of the countries of import and transit. For contracts that
will be in effect on or after the electronic import-export reporting
compliance date, the contracts must additionally specify that the
foreign receiving facility send a copy to EPA at the same time using the
allowable methods listed in paragraph (b)(1) of this section on or after
that date.
(5) Contracts must specify that the foreign receiving facility shall
send a copy of the signed and dated confirmation of recovery or
disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal on the waste in the shipment and no
later than one calendar year following receipt of the waste, to the
exporter and to the competent authority of the country of import. For
contracts that will be in effect on or after the electronic import-
export reporting compliance date, the contracts must additionally
specify that the foreign receiving facility send a copy to EPA at the
same time using the allowable methods listed in paragraph (b)(1) of this
section on or after that date.
(6) Contracts must specify that the foreign importer or the foreign
receiving facility that performed interim recycling operations R12, R13,
or RC16, or interim disposal operations D13
[[Page 395]]
through D15 or DC17, (recovery and disposal operations defined in 40 CFR
262.81) as appropriate, will:
(i) Provide the notification required in paragraph (f)(3)(ii) of
this section prior to any re-export of the hazardous wastes to a final
foreign recovery or disposal facility in a third country; and
(ii) Promptly send copies of the confirmation of recovery or
disposal that it receives from the final foreign recovery or disposal
facility within one year of shipment delivery to the final foreign
recovery or disposal facility that performed one of recovery operations
R1 through R11, or RC16, or one of disposal operations D1 through D12,
DC15 or DC16 to the competent authority of the country of import. For
contracts that will be in effect on or after the electronic import-
export reporting compliance date, the contracts must additionally
specify that the foreign facility send copies to EPA at the same time
using the allowable method listed in paragraph (b)(1) of this section on
or after that date.
(7) Contracts or equivalent arrangements must include provisions for
financial guarantees, if required by the competent authorities of the
country of import and any countries of transit, in accordance with
applicable national or international law requirements.
Note 1 to paragraph (f)(7):
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 and other foreign countries do. It is the
responsibility of the exporter to ascertain and comply with such
requirements; in some cases, persons or facilities located in those OECD
Member countries or other foreign countries may refuse to enter into the
necessary contracts absent specific references or certifications to
financial guarantees.
(8) Contracts or equivalent arrangements must contain provisions
requiring each contracting party to comply with all applicable
requirements of this subpart.
(9) 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).
(g) Annual reports. The exporter shall file an annual report with
EPA 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. Prior to one year
after the AES filing compliance date, the exporter must mail or hand-
deliver annual reports to EPA using one of the addresses specified in
Sec. 262.82(e), or submit to EPA using the allowable methods specified
in paragraph (b)(1) of this section if the exporter has electronically
filed EPA information in AES, or its successor system, per paragraph
(a)(6)(i)(A) of this section for all shipments made the previous
calendar year. Subsequently, the exporter must submit annual reports to
EPA using the allowable methods specified in paragraph (b)(1) of this
section. The annual report must include all of the following paragraphs
(g)(1) through (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 foreign receiving facility;
(4) By foreign receiving facility, for each hazardous waste
exported:
(i) A description of the hazardous waste;
(ii) The applicable EPA hazardous waste code(s) (from 40 CFR part
261, subpart C or D) for each waste;
(iii) The applicable waste code from the appropriate OECD waste list
incorporated by reference in 40 CFR 260.11;
(iv) The applicable DOT ID number;
(v) The name and U.S. EPA ID number (where applicable) for each
transporter used over the calendar year covered by the report; and
(vi) The consent number(s) under which the hazardous waste was
shipped, and for each consent number, the total amount of the hazardous
waste and the number of shipments exported during the calendar year
covered by the report;
[[Page 396]]
(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 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 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.
(h) Exception reports. (1) The exporter must file an exception
report in lieu of the requirements of Sec. 262.42 (if applicable) with
EPA if any of the following occurs:
(i) The exporter has not received a copy of the RCRA hazardous waste
manifest (if applicable) signed by the transporter identifying the point
of departure of the hazardous waste from the United States, within
forty-five (45) days from the date it was accepted by the initial
transporter, in which case the exporter must file the exception report
within the next thirty (30) days;
(ii) The exporter has not received a written confirmation of receipt
from the foreign receiving facility in accordance with paragraph (d) of
this section within ninety (90) days from the date the waste was
accepted by the initial transporter in which case the exporter must file
the exception report within the next thirty (30) days; or
(iii) The foreign receiving facility notifies the exporter, or the
country of import notifies EPA, of the need to return the shipment to
the U.S. or arrange alternate management, in which case the exporter
must file the exception report within thirty (30) days of notification,
or one (1) day prior to the date the return shipment commences,
whichever is sooner.
(2) Prior to the electronic import-export reporting compliance date,
exception reports must be mailed or hand delivered to EPA using the
addresses listed in Sec. 262.82(e). Subsequently, exception reports
must be submitted to EPA using the allowable methods listed in paragraph
(b)(1) of this section.
(i) Recordkeeping. (1) The exporter shall keep the following records
in paragraphs (i)(1)(i) through (v) of this section and provide them to
EPA or authorized state personnel upon request:
(i) A copy of each notification of intent to export and each EPA AOC
for a period of at least three (3) years from the date 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 receipt (i.e., movement document) sent by the foreign
receiving facility to the exporter for at least three (3) years from the
date the hazardous waste was accepted by the initial transporter; and
(iv) A copy of each confirmation of recovery or disposal sent by the
foreign receiving facility to the exporter for at least three (3) years
from the date that the foreign receiving facility completed interim or
final processing of the hazardous waste shipment.
(v) A copy of each contract or equivalent arrangement established
per Sec. 262.85 for at least three (3) years from the expiration date
of the contract or equivalent arrangement.
(2) Exporters may satisfy these recordkeeping requirements by
retaining electronically submitted documents in the exporter's account
on EPA's Waste Import Export Tracking System (WIETS), or its successor
system, provided that copies are readily available for viewing and
production if requested by any EPA or authorized state inspector. No
exporter may be held liable for the inability to produce such documents
for inspection under this section if the exporter can demonstrate that
[[Page 397]]
the inability to produce the document is due exclusively to technical
difficulty with EPA's Waste Import Export Tracking System (WIETS), or
its successor system for which the exporter bears no responsibility.
(3) 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 33142, May 19, 1980, as amended at 82 FR 60900, Dec. 26, 2017]
Sec. 262.84 Imports of hazardous waste.
(a) General import requirements. (1) With the exception of paragraph
(a)(5) of this section, importers of shipments covered under a consent
from EPA to the country of export issued before December 31, 2016 are
subject to that approval and the requirements that existed at the time
of that approval until such time the approval period expires. Otherwise,
any other 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.
(2) In cases where the country of export does not require the
foreign exporter to submit a notification and obtain consent to the
export prior to shipment, the importer must submit a notification to EPA
in accordance with paragraph (b) of this section.
(3) The importer must comply with the contract requirements in
paragraph (f) of this section.
(4) The importer must ensure compliance with the movement documents
requirements in paragraph (d) of this section; and
(5) The importer must ensure compliance with the manifest
instructions for import shipments in paragraph (c) of this section.
(b) Notifications. In cases where the competent authority of the
country of export does not regulate the waste as hazardous waste and,
thus, does not require the foreign exporter to submit to it a
notification proposing export and obtain consent from EPA and the
competent authorities for the countries of transit, but EPA does
regulate the waste as hazardous waste:
(1) The importer is required to provide notification in English to
EPA of the proposed transboundary movement of hazardous waste at least
sixty (60) days before the first shipment is expected to depart the
country of export. Notifications submitted prior to the electronic
import-export reporting compliance date must be mailed or hand delivered
to EPA at the addresses specified in Sec. 262.82(e). Notifications
submitted on or after the electronic import-export reporting compliance
date must be submitted electronically using EPA's Waste Import Export
Tracking System (WIETS), or its successor system. The notification may
cover up to one year of shipments of one or more hazardous wastes being
sent from the same foreign exporter, and must include all of the
following information:
(i) Foreign exporter name, address, telephone, fax numbers, and
email address;
(ii) Receiving facility name, EPA ID number, address, telephone, fax
numbers, email address, technologies employed, and the applicable
recovery or disposal operations as defined in Sec. 262.81;
(iii) Importer name (if not the owner or operator of the receiving
facility), EPA ID number, address, telephone, fax numbers, and email
address;
(iv) Intended transporter(s) and/or their agent(s); address,
telephone, fax, and email address;
(v) ``U.S.'' as the country of import, ``USA01'' as the relevant
competent authority code, and the intended U.S. port(s) of entry;
(vi) The ISO standard 3166 country name 2-digit code, OECD/Basel
competent authority code, and the ports of entry and exit for each
country of transit;
(vii) The ISO standard 3166 country name 2-digit code, OECD/Basel
competent authority code, and port of exit for the country of export;
(viii) Statement of whether the notification covers a single
shipment or multiple shipments;
(ix) Start and End Dates requested for transboundary movements;
(x) Means of transport planned to be used;
[[Page 398]]
(xi) Description(s) of each hazardous waste, including whether each
hazardous waste is regulated universal waste under 40 CFR part 273, or
the state equivalent, spent lead-acid batteries being exported for
recovery of lead under 40 CFR part 266, subpart G, or the state
equivalent, or industrial ethyl alcohol being exported for reclamation
under 40 CFR 261.6(a)(3)(i), or the state equivalent, estimated total
quantity of each hazardous waste, the applicable RCRA hazardous waste
code(s) for each hazardous waste, the applicable OECD waste code from
the lists incorporated by reference in 40 CFR 260.11, and the United
Nations/U.S. Department of Transportation (DOT) ID number for each
hazardous waste;
(xii) Specification of the recovery or disposal operation(s) as
defined in Sec. 262.81; and
(xiii) Certification/Declaration signed by the importer 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 guarantee is or shall be in force covering
the transboundary movement.
Name:
Signature:
Date:
Note to paragraph (b)(1)(xiii):
The United States does not currently require financial assurance for
these waste shipments.
(2) Notifications listing interim recycling operations or interim
disposal operations. If the receiving facility listed in paragraph
(b)(1)(ii) of this section will engage in any of the interim recovery
operations R12 or R13 or interim disposal operations D13 through D15,
the notification submitted according to paragraph (b)(1) of this section
must also include the final recovery or disposal facility name, address,
telephone, fax numbers, email address, technologies employed, and which
of the applicable recovery or disposal operations R1 through R11 and D1
through D12, will be employed at the final recovery or disposal
facility. The recovery and disposal operations in this paragraph are
defined in Sec. 262.81.
(3) Renotifications. When the foreign exporter wishes to change any
of the conditions specified on the original notification (including
increasing the estimate of the total quantity of hazardous waste
specified in the original notification or adding transporters), the
importer must submit a renotification of the changes to EPA using the
allowable methods in paragraph (b)(1) of this section. Any shipment
using the requested changes cannot take place until EPA and the
countries of transit consent to the changes and the importer receives an
EPA AOC letter documenting the consents to the changes.
(4) A notification is complete when EPA determines the notification
satisfies the requirements of paragraphs (b)(1)(i) through (xiii) of
this section.
(5) Where EPA and the countries of transit consent to the proposed
transboundary movement(s) of the hazardous waste(s), EPA will forward an
EPA AOC letter to the importer documenting the countries' consents and
EPA's consent. Where any of the countries of transit or EPA objects to
the proposed transboundary movement(s) of the hazardous waste or
withdraws a prior consent, EPA will notify the importer.
(6) Export of hazardous wastes originally imported into the United
States. Export of hazardous wastes that were originally imported into
the United States for recycling or disposal operations is prohibited
unless an exporter in the United States complies with the export
requirements in Sec. 262.83(b)(7).
(c) RCRA Manifest instructions for import shipments. (1) When
importing hazardous waste, the importer must meet all the requirements
of Sec. 262.20 for the manifest except that:
(i) 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.
(ii) In place of the generator's signature on the certification
statement, the importer or his agent must sign and date the
certification and obtain the signature of the initial transporter.
(2) The importer may obtain the manifest form from any source that
is registered with the EPA as a supplier
[[Page 399]]
of manifests (e.g., states, waste handlers, and/or commercial forms
printers).
(3) 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.
(4) 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 40 CFR 264.71(a)(3) and 265.71(a)(3).
(5) In lieu of the requirements of Sec. 262.20(d), where a shipment
cannot be delivered for any reason to the receiving facility, the
importer must instruct the transporter in writing via fax, email or mail
to:
(i) Return the hazardous waste to the foreign exporter or designate
another facility within the United States; and
(ii) Revise the manifest in accordance with the importer's
instructions.
(d) Movement document requirements for import shipments. (1) The
importer must ensure that a movement document meeting the conditions of
paragraph (d)(2) of this section accompanies each transboundary movement
of hazardous wastes from the initiation of the shipment in the country
of export until it reaches the receiving facility, including cases in
which the hazardous waste is stored and/or sorted by the importer prior
to shipment to the receiving facility, except as provided in paragraphs
(d)(1)(i) and (ii) of this section.
(i) For shipments of hazardous waste within the United States by
water (bulk shipments only), the importer must forward the movement
document to the last water (bulk shipment) transporter to handle the
hazardous waste in the United States if imported by water.
(ii) For rail shipments of hazardous waste within the United States
which start from the company originating the export shipment, the
importer must forward the movement document to the next non-rail
transporter, if any, or the last rail transporter to handle the
hazardous waste in the United States if imported by rail.
(2) The movement document must include the following paragraphs
(d)(2)(i) through (xv) of this section:
(i) The corresponding AOC number(s) and waste number(s) for the
listed waste;
(ii) The shipment number and the total number of shipments under the
AOC number;
(iii) Foreign exporter name, address, telephone, fax numbers, and
email address;
(iv) Receiving facility name, EPA ID number, address, telephone, fax
numbers, email address, technologies employed, and the applicable
recovery or disposal operations as defined in Sec. 262.81;
(v) Importer name (if not the owner or operator of the receiving
facility), EPA ID number, address, telephone, fax numbers, and email
address;
(vi) Description(s) of each hazardous waste, quantity of each
hazardous waste in the shipment, applicable RCRA hazardous waste code(s)
for each hazardous waste, the applicable OECD waste code for each
hazardous waste from the lists incorporated by reference in 40 CFR
260.11, and the United Nations/U.S. Department of Transportation (DOT)
ID number for each hazardous waste;
(vii) Date movement commenced;
(viii) Name (if not the foreign exporter), address, telephone, fax
numbers, and email of the foreign company originating the shipment;
(ix) Company name, EPA ID number, address, telephone, fax, and email
address of all transporters;
(x) Identification (license, registered name or registration number)
of means of transport, including types of packaging;
(xi) Any special precautions to be taken by transporter(s);
(xii) Certification/declaration signed and dated by the foreign
exporter that the information in the movement document is complete and
correct;
(xiii) Appropriate signatures for each custody transfer (e.g.,
transporter, importer, and owner or operator of the receiving facility);
(xiv) Each person that has physical custody of the waste from the
time the movement commences until it arrives at the receiving facility
must sign the movement document (e.g., transporter, importer, and owner
or operator of the receiving facility); and
[[Page 400]]
(xv) The receiving facility must send a copy of the signed movement
document to confirm receipt within three working days of shipment
delivery to the foreign exporter, to the competent authorities of the
countries of export and transit, and for shipments received on or after
the electronic import-export reporting compliance date, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS),
or its successor system.
(e) Duty to return or export hazardous wastes. When a transboundary
movement of hazardous wastes cannot be completed in accordance with the
terms of the contract or the consent(s), the provisions of paragraph
(f)(4) of this section apply. If alternative arrangements cannot be made
to recover the hazardous waste in an environmentally sound manner in the
United States, the hazardous waste must be returned to the country of
export or exported to a third country. The provisions of paragraph
(b)(6) of this section apply to any hazardous waste shipments to be
exported to a third country. 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 importer.
(f) Import contract requirements. (1) Imports of hazardous waste
must 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 foreign
exporter, importer, and the owner or operator of the receiving 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.
(2) Contracts or equivalent arrangements must specify the name and
EPA ID number, where available, of paragraph (f)(2)(i) through (iv) of
this section:
(i) The foreign company from where each import shipment of hazardous
waste is initiated;
(ii) Each person who will have physical custody of the hazardous
wastes;
(iii) Each person who will have legal control of the hazardous
wastes; and
(iv) The receiving facility.
(3) Contracts or equivalent arrangements must specify the use of a
movement document in accordance with Sec. 262.84(d).
(4) Contracts or equivalent arrangements must specify which party to
the contract will assume responsibility for alternate management of the
hazardous wastes if their disposition cannot be carried out as described
in the notification of intent to export submitted by either the foreign
exporter or the importer. In such cases, contracts must specify that:
(i) The transporter or receiving facility having actual possession
or physical control over the hazardous wastes will immediately inform
the foreign exporter and importer, and the competent authority where the
shipment is located of the need to arrange alternate management or
return; and
(ii) The person specified in the contract will assume responsibility
for the adequate management of the hazardous wastes in compliance with
applicable laws and regulations including, if necessary, arranging the
return of the hazardous wastes and, as the case may be, shall provide
the notification for re-export required in Sec. 262.83(b)(7).
(5) Contracts must specify that the importer or the receiving
facility that performed interim recycling operations R12, R13, or RC16,
or interim disposal operations D13 through D15 or DC15 through DC17, as
appropriate, will provide the notification required in Sec.
262.83(b)(7) prior to the re-export of hazardous wastes. The recovery
and disposal operations in this paragraph are defined in Sec. 262.81.
(6) 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.
[[Page 401]]
Note to paragraph (f)(6):
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 or other foreign countries do. It is the responsibility
of the importer to ascertain and comply with such requirements; in some
cases, persons or facilities located in those countries may refuse to
enter into the necessary contracts absent specific references or
certifications to financial guarantees.
(7) Contracts or equivalent arrangements must contain provisions
requiring each contracting party to comply with all applicable
requirements of this subpart.
(8) Upon request by EPA, importers or disposal 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).
(g) Confirmation of recovery or disposal. The receiving facility
must do the following:
(1) Send copies of the signed and dated confirmation of recovery or
disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal on the waste in the shipment and no
later than one calendar year following receipt of the waste, to the
foreign exporter, to the competent authority of the country of export,
and for shipments recycled or disposed of on or after the electronic
import-export reporting compliance date, to EPA electronically using
EPA's Waste Import Export Tracking System (WIETS), or its successor
system.
(2) If the receiving facility performed any of recovery operations
R12, R13, or RC16, or disposal operations D13 through D15, or DC17, the
receiving facility shall promptly send copies of the confirmation of
recovery or disposal that it receives from the final recovery or
disposal facility within one year of shipment delivery to the final
recovery or disposal facility that performed one of recovery operations
R1 through R11, or RC14 to RC15, or one of disposal operations D1
through D12, or DC15 to DC16, to the competent authority of the country
of export, and for confirmations received on or after the electronic
import-export reporting compliance date, to EPA electronically using
EPA's Waste Import Export Tracking System (WIETS), or its successor
system. The recovery and disposal operations in this paragraph are
defined in Sec. 262.81.
(h) Recordkeeping. (1) The importer shall keep the following records
and provide them to EPA or authorized state personnel upon request:
(i) A copy of each notification that the importer sends to EPA under
paragraph (b)(1) of this section and each EPA AOC it receives in
response for a period of at least three (3) years from the date the
hazardous waste was accepted by the initial foreign transporter; and
(ii) A copy of each contract or equivalent arrangement established
per paragraph (f) of this section for at least three (3) years from the
expiration date of the contract or equivalent arrangement.
(2) The receiving facility shall keep the following records:
(i) A copy of each confirmation of receipt (i.e., movement document)
that the receiving facility sends to the foreign exporter for at least
three (3) years from the date it received the hazardous waste;
(ii) A copy of each confirmation of recovery or disposal that the
receiving facility sends to the foreign exporter for at least three (3)
years from the date that it completed processing the waste shipment;
(iii) For the receiving facility that performed any of recovery
operations R12, R13, or RC16, or disposal operations D13 through D15, or
DC17 (recovery and disposal operations defined in Sec. 262.81), a copy
of each confirmation of recovery or disposal that the final recovery or
disposal facility sent to it for at least three (3) years from the date
that the final recovery or disposal facility completed processing the
waste shipment; and
(iv) A copy of each contract or equivalent arrangement established
per paragraph (f) of this section for at least three (3) years from the
expiration date of the contract or equivalent arrangement.
[[Page 402]]
(3) Importers and receiving facilities may satisfy these
recordkeeping requirements by retaining electronically submitted
documents in the importer's or receiving facility's account on EPA's
Waste Import Export Tracking System (WIETS), or its successor system,
provided that copies are readily available for viewing and production if
requested by any EPA or authorized state inspector. No importer or
receiving facility may be held liable for the inability to produce such
documents for inspection under this section if the importer or receiving
facility can demonstrate that the inability to produce the document is
due exclusively to technical difficulty with EPA's Waste Import Export
Tracking System (WIETS), or its successor system for which the importer
or receiving facility bears no responsibility.
(4) 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 33142, May 19, 1980, as amended at 83 FR 60901, Dec. 26, 2017]
Sec. Sec. 262.85-262.89 [Reserved]
Subparts I-J [Reserved]
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:
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
[[Page 403]]
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. 262.17 for large quantity
generators, or is knowledgeable about normal operations and emergencies
in accordance with Sec. 262.16 for small quantity generators and very
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 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; 81
FR 85819, Nov. 28, 2016]
Sec. 262.201 Applicability of this subpart.
(a) Large quantity generators and small quantity generators. This
subpart provides alternative requirements to the requirements in
Sec. Sec. 262.11 and 262.15 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) Very small quantity generators. This subpart provides
alternative requirements to the conditional exemption in Sec. 262.14
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.
[81 FR 85819, Nov. 28, 2016]
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 Sec. Sec. 262.11 and 262.15.
(b) Very small quantity generators. Eligible academic entities have
the option of complying with this subpart with respect to laboratories,
as an alternative to complying with the conditional exemption of Sec.
262.14.
[81 FR 85819, Nov. 28, 2016]
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
[[Page 404]]
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 very 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 of this chapter. An
eligible academic entity must submit a separate notification (Site
Identification Form) for each EPA identification number (or site, for
very 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 very 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 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.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85819, Nov. 28, 2016]
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 Sec. Sec.
262.11 and 262.15 for small quantity generators and large quantity
generators. An eligible academic entity that is a very 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. 262.14. An
eligible academic entity must submit a separate notification (Site
Identification Form) for each EPA identification number (or site, for
very 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 standards in Sec. Sec. 262.11
and 262.15 for small quantity generators and large quantity generators
or Sec. 262.14 for very 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.
[[Page 405]]
(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.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85819, Nov. 28, 2016]
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 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
[[Page 406]]
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; 81
FR 85820, Nov. 28, 2016]
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 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(a) through (d), for unwanted material.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]
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 12 months; or
(2) Remove containers of unwanted material from each laboratory
within 12 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.
[[Page 407]]
(2) If a laboratory accumulates more than 1 quart of liquid reactive
acutely hazardous unwanted material or more than 1 kg (2.2 pounds) of
solid 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 or 1 kg is exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the
date that 1 quart or 1 kg was exceeded, or at the next regularly
scheduled removal, whichever comes first.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]
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) Very small quantity generators. An eligible academic entity must
ensure that a trained professional makes a hazardous waste
determination, pursuant to Sec. 262.11(a) through (d), for unwanted
material in the laboratory before the unwanted material is removed from
the laboratory, in accordance with Sec. 262.210.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]
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(a) through (d), 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 category, pursuant to Sec. 262.13, 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) Very small quantity generators must ensure it is taken directly
from the laboratory(ies) to any of the types of facilities listed in
Sec. 262.14.
(e) An unwanted material that is a hazardous waste is subject to all
applicable hazardous waste regulations
[[Page 408]]
when it is removed from the laboratory.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]
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. 262.16 for small quantity generators
or Sec. 262.17 for large quantity generators as soon as it arrives in
the central accumulation area, except for the ``hazardous waste''
labeling conditions of Sec. 262.16(b)(6) and Sec. 262.17(a)(5).
(d) A trained professional must determine, pursuant to Sec.
262.11(a) through (d), 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 category, pursuant to Sec. 262.13 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 81 FR 85820, Nov. 28, 2016]
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(a) through (d), 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
[[Page 409]]
(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; 81
FR 85820, Nov. 28, 2016]
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 liquid reactive acutely hazardous unwanted
material or 1 kg of solid 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 liquid reactive acutely hazardous unwanted
material or 1 kg or solid 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 category, pursuant to Sec. 262.13. 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 category,
pursuant to Sec. 262.13, if it is determined to be hazardous waste; and
(3) For the purposes of off-site management, an eligible academic
entity must count all its hazardous waste, regardless of whether the
hazardous waste was counted toward generator category 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 non-acute hazardous
waste (i.e., the very small quantity generator limits as defined in
Sec. 260.10 of this chapter), 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 category, pursuant to Sec. 262.13.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]
Sec. 262.214 Laboratory management plan.
An eligible academic entity must develop and retain a written
Laboratory
[[Page 410]]
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 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(a)
through (d) and Sec. Sec. 262.209 through 262.212).
[[Page 411]]
(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; 81
FR 85821, Nov. 28, 2016]
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 Sec. Sec.
262.11 and 262.15 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 part 262, with respect to that hazardous waste; or
(b) Remains subject to the conditional exemption of Sec. 262.14 for
very small quantity generators, with respect to that hazardous waste.
[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85821, Nov. 28, 2016]
Subpart L_Alternative Standards for Episodic Generation
Source: 81 FR 85821, Nov. 28, 2016, unless otherwise noted.
Sec. 262.230 Applicability.
This subpart is applicable to very small quantity generators and
small quantity generators as defined in Sec. 260.10 of this chapter.
Sec. 262.231 Definitions for this subpart.
Episodic event means an activity or activities, either planned or
unplanned, that does not normally occur during generator operations,
resulting in an increase in the generation of hazardous wastes that
exceeds the calendar month quantity limits for the generator's usual
category.
Planned episodic event means an episodic event that the generator
planned and prepared for, including regular maintenance, tank cleanouts,
short-term projects, and removal of excess chemical inventory
Unplanned episodic event means an episodic event that the generator
did not plan or reasonably did not expect to occur, including production
process upsets, product recalls, accidental spills, or ``acts of
nature,'' such as tornado, hurricane, or flood.
[[Page 412]]
Sec. 262.232 Conditions for a generator managing hazardous waste
from an episodic event.
(a) Very small quantity generator. A very small quantity generator
may maintain its existing generator category for hazardous waste
generated during an episodic event provided that the generator complies
with the following conditions:
(1) The very small quantity generator is limited to one episodic
event per calendar year, unless a petition is granted under Sec.
262.233;
(2) Notification. The very small quantity generator must notify EPA
no later than thirty (30) calendar days prior to initiating a planned
episodic event using EPA Form 8700-12. In the event of an unplanned
episodic event, the generator must notify EPA within 72 hours of the
unplanned event via phone, email, or fax and subsequently submit EPA
Form 8700-12. The generator shall include the start date and end date of
the episodic event, the reason(s) for the event, types and estimated
quantities of hazardous waste expected to be generated as a result of
the episodic event, and shall identify a facility contact and emergency
coordinator with 24-hour telephone access to discuss the notification
submittal or respond to an emergency in compliance with Sec.
262.16(b)(9)(i);
(3) EPA ID Number. The very small quantity generator must have an
EPA identification number or obtain an EPA identification number using
EPA Form 8700-12;
(4) Accumulation. A very small quantity generator is prohibited from
accumulating hazardous waste generated from an episodic event on drip
pads and in containment buildings. When accumulating hazardous waste in
containers and tanks the following conditions apply:
(i) Containers. A very small quantity generator accumulating in
containers must mark or label its containers with the following:
(A) The words ``Episodic Hazardous Waste'';
(B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the Occupational Safety and
Health Administration Hazard Communication Standard at 29 CFR 1910.1200;
or a chemical hazard label consistent with the National Fire Protection
Association code 704); and
(C) The date upon which the episodic event began, clearly visible
for inspection on each container.
(ii) Tanks. A very small quantity generator accumulating episodic
hazardous waste in tanks must do the following:
(A) Mark or label the tank with the words ``Episodic Hazardous
Waste'';
(B) Mark or label its tanks with an indication of the hazards of the
contents (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with
the Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with
the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each episodic event begins; and
(D) Keep inventory logs or records with the above information on
site and readily available for inspection.
(iii) Hazardous waste must be managed in a manner that minimizes the
possibility of a fire, explosion, or release of hazardous waste or
hazardous waste constituents to the air, soil, or water;
(A) Containers must be in good condition and compatible with the
hazardous waste being accumulated therein. Containers must be kept
closed except to add or remove waste; and.
(B) Tanks must be in good condition and compatible with the
hazardous waste accumulated therein. Tanks
[[Page 413]]
must have procedures in place to prevent the overflow (e.g., be equipped
with a means to stop inflow with systems such as a waste feed cutoff
system or bypass system to a standby tank when hazardous waste is
continuously fed into the tank). Tanks must be inspected at least once
each operating day to ensure all applicable discharge control equipment,
such as waste feed cutoff systems, bypass systems, and drainage systems
are in good working order and to ensure the tank is operated according
to its design by reviewing the data gathered from monitoring equipment
such as pressure and temperature gauges from the inspection.
(5) The very small quantity generator must comply with the hazardous
waste manifest provisions of subpart B of this part when it sends its
episodic event hazardous waste off site to a designated facility, as
defined in Sec. 260.10 of this chapter.
(6) The very small quantity generator has up to sixty (60) calendar
days from the start of the episodic event to manifest and send its
hazardous waste generated from the episodic event to a designated
facility, as defined in Sec. 260.10 of this chapter.
(7) Very small quantity generators must maintain the following
records for three (3) years from the end date of the episodic event:
(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes
generated during the event;
(iv) A description of how the hazardous waste was managed as well as
the name of the RCRA-designated facility that received the hazardous
waste;
(v) Name(s) of hazardous waste transporters; and
(vi) An approval letter from EPA if the generator petitioned to
conduct one additional episodic event per calendar year.
(b) Small quantity generators. A small quantity generator may
maintain its existing generator category during an episodic event
provided that the generator complies with the following conditions:
(1) The small quantity generator is limited to one episodic event
per calendar year unless a petition is granted under Sec. 262.233;
(2) Notification. The small quantity generator must notify EPA no
later than thirty (30) calendar days prior to initiating a planned
episodic event using EPA Form 8700-12. In the event of an unplanned
episodic event, the small quantity generator must notify EPA within 72
hours of the unplanned event via phone, email, or fax, and subsequently
submit EPA Form 8700-12. The small quantity generator shall include the
start date and end date of the episodic event and the reason(s) for the
event, types and estimated quantities of hazardous wastes expected to be
generated as a result of the episodic event, and identify a facility
contact and emergency coordinator with 24-hour telephone access to
discuss the notification submittal or respond to emergency;
(3) EPA ID Number. The small quantity generator must have an EPA
identification number or obtain an EPA identification number using EPA
Form 8700-12; and
(4) Accumulation by small quantity generators. A small quantity
generator is prohibited from accumulating hazardous wastes generated
from an episodic event waste on drip pads and in containment buildings.
When accumulating hazardous waste generated from an episodic event in
containers and tanks, the following conditions apply:
(i) Containers. A small quantity generator accumulating episodic
hazardous waste in containers must meet the standards at Sec.
262.16(b)(2) of this chapter and must mark or label its containers with
the following:
(A) The words ``Episodic Hazardous Waste'';
(B) An indication of the hazards of the contents (examples include,
but are not limited to, the applicable hazardous waste characteristic(s)
(i.e., ignitable, corrosive, reactive, toxic); hazard communication
consistent with the Department of Transportation requirements at 49 CFR
part 172 subpart E (labeling) or subpart F (placarding); a
[[Page 414]]
hazard statement or pictogram consistent with the Occupational Safety
and Health Administration Hazard Communication Standard at 29 CFR
1910.1200; or a chemical hazard label consistent with the National Fire
Protection Association code 704); and
(C) The date upon which the episodic event began, clearly visible
for inspection on each container.
(ii) Tanks. A small quantity generator accumulating episodic
hazardous waste in tanks must meet the standards at Sec. 262.16(b)(3)
and must do the following:
(A) Mark or label its tank with the words ``Episodic Hazardous
Waste'';
(B) Mark or label its tanks with an indication of the hazards of the
contents (examples include, but are not limited to, the applicable
hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive,
toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with
the Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with
the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each period of accumulation begins and
ends; and
(D) Keep inventory logs or records with the above information on
site and available for inspection.
(5) The small quantity generator must treat hazardous waste
generated from an episodic event on site or manifest and ship such
hazardous waste off site to a designated facility (as defined by Sec.
260.10 of this chapter) within sixty (60) calendar days from the start
of the episodic event.
(6) The small quantity generator must maintain the following records
for three (3) years from the end date of the episodic event:
(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes
generated during the event;
(iv) A description of how the hazardous waste was managed as well as
the name of the designated facility (as defined by Sec. 260.10 of this
chapter) that received the hazardous waste;
(v) Name(s) of hazardous waste transporters; and
(vi) An approval letter from EPA if the generator petitioned to
conduct one additional episodic event per calendar year.
Sec. 262.233 Petition to manage one additional episodic event per
calendar year.
(a) A generator may petition the Regional Administrator for a second
episodic event in a calendar year without impacting its generator
category under the following conditions:
(1) If a very small quantity generator or small quantity generator
has already held a planned episodic event in a calendar year, the
generator may petition EPA for an additional unplanned episodic event in
that calendar year within 72 hours of the unplanned event.
(2) If a very small quantity generator or small quantity generator
has already held an unplanned episodic event in a calendar year, the
generator may petition EPA for an additional planned episodic event in
that calendar year.
(b) The petition must include the following:
(1) The reason(s) why an additional episodic event is needed and the
nature of the episodic event;
(2) The estimated amount of hazardous waste to be managed from the
event;
(3) How the hazardous waste is to be managed;
(4) The estimated length of time needed to complete management of
the hazardous waste generated from the episodic event--not to exceed
sixty (60) days; and
(5) Information regarding the previous episodic event managed by the
generator, including the nature of the event, whether it was a planned
or unplanned event, and how the generator complied with the conditions.
[[Page 415]]
(c) The petition must be made to the Regional Administrator in
writing, either on paper or electronically.
(d) The generator must retain written approval in its records for
three (3) years from the date the episodic event ended.
Subpart M_Preparedness, Prevention, and Emergency Procedures for Large
Quantity Generators
Source: 81 FR 85823, Nov. 28, 2016, unless otherwise noted.
Sec. 262.250 Applicability.
The regulations of this subpart apply to those areas of a large
quantity generator where hazardous waste is generated or accumulated on
site.
Sec. 262.251 Maintenance and operation of facility.
A large quantity generator must maintain and operate its facility 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. 262.252 Required equipment.
All areas deemed applicable by Sec. 262.250 must be equipped with
the items in paragraphs (a) through (d) of this section (unless none of
the hazards posed by waste handled at the facility could require a
particular kind of equipment specified below or the actual hazardous
waste generation or accumulation area does not lend itself for safety
reasons to have a particular kind of equipment specified below). A large
quantity generator may determine the most appropriate locations within
its facility to locate equipment necessary to prepare for and respond to
emergencies:
(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, 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.
Sec. 262.253 Testing and maintenance of equipment.
All 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. 262.254 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 (e.g., direct or unimpeded access) to an internal alarm
or emergency communication device, either directly or through visual or
voice contact with another employee, unless such a device is not
required under Sec. 262.252.
(b) In the event there is just one employee on the premises while
the facility is operating, the employee must have immediate access
(e.g., direct or unimpeded 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 such a
device is not required under Sec. 262.252.
Sec. 262.255 Required aisle space.
The large quantity generator 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 aisle
[[Page 416]]
space is not needed for any of these purposes.
Sec. 262.256 Arrangements with local authorities.
(a) The large quantity generator must attempt to make arrangements
with the local police department, fire department, other emergency
response teams, emergency response contractors, equipment suppliers, and
local hospitals, taking into account the types and quantities of
hazardous wastes handled at the facility. Arrangements may be made with
the Local Emergency Planning Committee, if it is determined to be the
appropriate organization with which to make arrangements.
(1) A large quantity generator attempting to make arrangements with
its local fire department must determine the potential need for the
services of the local police department, other emergency response teams,
emergency response contractors, equipment suppliers and local hospitals.
(2) As part of this coordination, the large quantity generator shall
attempt to make arrangements, as necessary, to familiarize the above
organizations with the layout of the facility, the properties of the
hazardous waste handled at the facility and associated hazards, places
where personnel would normally be working, entrances to roads inside the
facility, and possible evacuation routes as well as the types of
injuries or illnesses which could result from fires, explosions, or
releases at the facility.
(3) Where more than one police or fire department might respond to
an emergency, the large quantity generator shall attempt to make
arrangements designating primary emergency authority to a specific fire
or police department, and arrangements with any others to provide
support to the primary emergency authority.
(b) The large quantity generator shall maintain records documenting
the arrangements with the local fire department as well as any other
organization necessary to respond to an emergency. This documentation
must include documentation in the operating record that either confirms
such arrangements actively exist or, in cases where no arrangements
exist, confirms that attempts to make such arrangements were made.
(c) A facility possessing 24-hour response capabilities may seek a
waiver from the authority having jurisdiction (AHJ) over the fire code
within the facility's state or locality as far as needing to make
arrangements with the local fire department as well as any other
organization necessary to respond to an emergency, provided that the
waiver is documented in the operating record.
Sec. 262.260 Purpose and implementation of contingency plan.
(a) A large quantity generator must have a contingency plan for the
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.
Sec. 262.261 Content of contingency plan.
(a) The contingency plan must describe the actions facility
personnel must take to comply with Sec. Sec. 262.260 and 262.265 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 generator 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, it need only
amend that plan to incorporate hazardous waste management provisions
that are sufficient to comply with the standards of this part. The
generator may develop one contingency plan that meets all regulatory
standards. EPA recommends that the plan be based on the National
Response Team's Integrated Contingency Plan Guidance (``One Plan'').
[[Page 417]]
(c) The plan must describe arrangements agreed to with the local
police department, fire department, other emergency response teams,
emergency response contractors, equipment suppliers, local hospitals or,
if applicable, the Local Emergency Planning Committee, pursuant to Sec.
262.256.
(d) The plan must list names and emergency telephone numbers of all
persons qualified to act as emergency coordinator (see Sec. 262.264),
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. In situations where the generator facility has an emergency
coordinator continuously on duty because it operates 24 hours per day,
every day of the year, the plan may list the staffed position (e.g.,
operations manager, shift coordinator, shift operations supervisor) as
well as an emergency telephone number that can be guaranteed to be
answered at all times.
(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 generator 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).
Sec. 262.262 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must be
maintained at the large quantity generator and--
(a) The large quantity generator must submit a copy of the
contingency plan and all revisions to all local emergency responders
(i.e., police departments, fire departments, hospitals and State and
local emergency response teams that may be called upon to provide
emergency services). This document may also be submitted to the Local
Emergency Planning Committee, as appropriate.
(b) A large quantity generator that first becomes subject to these
provisions after May 30, 2017 or a large quantity generator that is
otherwise amending its contingency plan must at that time submit a quick
reference guide of the contingency plan to the local emergency
responders identified at paragraph (a) of this section or, as
appropriate, the Local Emergency Planning Committee. The quick reference
guide must include the following elements:
(1) The types/names of hazardous wastes in layman's terms and the
associated hazard associated with each hazardous waste present at any
one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive
acid);
(2) The estimated maximum amount of each hazardous waste that may be
present at any one time;
(3) The identification of any hazardous wastes where exposure would
require unique or special treatment by medical or hospital staff;
(4) A map of the facility showing where hazardous wastes are
generated, accumulated and treated and routes for accessing these
wastes;
(5) A street map of the facility in relation to surrounding
businesses, schools and residential areas to understand how best to get
to the facility and also evacuate citizens and workers;
(6) The locations of water supply (e.g., fire hydrant and its flow
rate);
(7) The identification of on-site notification systems (e.g., a fire
alarm that rings off site, smoke alarms); and
(8) The name of the emergency coordinator(s) and 7/24-hour emergency
telephone number(s) or, in the case of a facility where an emergency
coordinator is continuously on duty, the emergency telephone number for
the emergency coordinator.
(c) Generators must update, if necessary, their quick reference
guides, whenever the contingency plan is amended and submit these
documents
[[Page 418]]
to the local emergency responders identified at paragraph (a) of this
section or, as appropriate, the Local Emergency Planning Committee.
Sec. 262.263 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The generator 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.
Sec. 262.264 Emergency coordinator.
At all times, there must be at least one employee either on the
generator's 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 and
implementing the necessary emergency procedures outlined in Sec.
262.265. Although responsibilities may vary depending on factors such as
type and variety of hazardous waste(s) handled by the facility, as well
as type and complexity of the facility, this emergency coordinator must
be thoroughly familiar with all aspects of the generator's contingency
plan, all operations and activities at the facility, the location and
characteristics of hazardous waste handled, the location of all records
within the facility, and the facility's layout. In addition, this person
must have the authority to commit the resources needed to carry out the
contingency plan.
Sec. 262.265 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. The emergency
coordinator may do this by observation or review of the 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-offs 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, the emergency coordinator must
report the findings as follows:
(1) If the assessment indicates that evacuation of local areas may
be advisable, the emergency coordinator must immediately notify
appropriate local authorities. The emergency coordinator must be
available to help appropriate officials decide whether local areas
should be evacuated; and
(2) The emergency coordinator 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:
(i) Name and telephone number of reporter;
(ii) Name and address of the generator;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
[[Page 419]]
(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
generator's facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing released
hazardous waste, and removing or isolating containers.
(f) If the generator 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. Unless the generator
can demonstrate, in accordance with Sec. 261.3(c) or (d) of this
chapter, that the recovered material is not a hazardous waste, then it
is a newly generated hazardous waste that must be managed in accordance
with all the applicable requirements and conditions for exemption in
parts 262, 263, and 265 of this chapter.
(h) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
(1) No hazardous 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 generator 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, the generator must submit a
written report on the incident to the Regional Administrator. The report
must include:
(1) Name, address, and telephone number of the generator;
(2) Date, time, and type of incident (e.g., fire, explosion);
(3) Name and quantity of material(s) involved;
(4) The extent of injuries, if any;
(5) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
(6) Estimated quantity and disposition of recovered material that
resulted from the incident.
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, 6938, and 6939g.
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,
[[Page 420]]
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.
(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 that is being imported from or
exported to any other country for purposes of recovery or disposal 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
262.83(d) and 262.84(d) 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).
(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; 81 FR 85724, Nov. 28, 2016]
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.