South Carolina Code of Regulations
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Current through State Register Volume 37, Issue 9, effective September 27, 2013

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CHAPTER 61. - CONTINUED

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

61-79. HAZARDOUS WASTE MANAGEMENT REGULATIONS.

(Statutory Authority: 1976 Code Ann. Section 44-56-30)

61-79.124. PERMIT ADMINISTRATION.

SUBPART A. GENERAL PROGRAM REQUIREMENTS

124.1. Purpose and scope.

(a) This part contains procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste treatment, storage, and disposal facility permits under these regulations, other than "emergency permits" (see Section 270.61) and "permits by rule" (Section 270.60). The latter kind of permits are governed by part 270. Interim status is not a "permit" and is covered by specific provisions in part 270. The procedures of this part also apply to denial of a permit for the active life of a RCRA hazardous waste management facility or unit under Section 270.29.

(b) This regulation describes the steps which will be followed in receiving permit applications, preparing draft permits, issuing public notice, inviting public comment and holding public hearings on draft permits. Also covered is assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision (amended 11/90); edited 12/92).

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.2. Definitions.

(a) In addition to the definitions given in R.61-79.270.2 and S.C. Hazardous Waste Management Act Section 44-56-20, the definitions listed below apply to this Part. Terms not defined in this section have the meaning given by the appropriate Act.

"Administrator" means the Administrator of the U.S. Environmental Protection Agency, or an authorized representative (revised 12/92).

"Applicable standards and limitations" means all State, interstate, and Federal standards and limitations to which a "discharge," a "sludge or disposal practice" or a related activity is subject under the CWA, including "standards for sewage sludge use or disposal," "effluent limitations," water quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices," and pretreatment standards under Sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA. (amended 11/90; 12/92)

"Application" means the forms for applying for a permit under these regulations, including any additions, revisions, or modifications to the forms. Application also includes the information required under parts 270.14 through 270.29 (contents of Part B of the RCRA application] (revised 12/92).

CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act of Federal Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.

"Draft permit" means a document prepared under 124.6 indicating the Department's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a "permit". A notice of intent to terminate a permit and a notice of intent to deny a permit as discussed in 124.5, are types of "draft permits." A denial of a request for modification, revocation, and reissuance or termination, as discussed in 124.5, is not a "draft permit." A "proposal permit" is not a "draft permit." (revised 12/92).

EPA means the U. S. Environmental Protection Agency.

"Facility or activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the RCRA program and the Pollution Control Act.

404 definition removed

"Indian Tribe means" (except in the case of RCRA) any Indian Tribe having a Federally recognized governing body carrying out substantial governmental duties and powers over a defined area.

"Interstate agency" means an agency of two or more States established by or under an agreement or compact approved by the Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution as determined and approved by the Department under the "appropriate Act and regulations."

"Major facility" means any RCRA "facility or activity" classified as such by the Department.

Owner or operator means owner or operator of any facility or activity subject to regulation under the RCRA program and the Pollution Control Act.

"Permit" means an authorization, license, or equivalent control document issued by South Carolina to implement the requirements of this part and 270. Permit includes RCRA "permit by rule" (270.60). Permit does not include RCRA interim status (270.70) or any permit which has not yet been the subject of final agency action, such as a "draft permit" or a "proposed permit" (revised 12/92).

Person means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof.

RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609, 42 U.S.C. 6901 et seq.).

"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.

Schedule of compliance means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the appropriate Act and regulations.

"Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (revised 12/92).

State Safe Drinking Water Act means 44-55-10 et seq.

(b) For the purposes of part 124, the term "Department" means the Department or Regional Administrator and is used when the accompanying provision is required of EPA-administered programs and of State programs under 40 CFR 271.14 (RCRA). The term "Regional Administrator" is used when the accompanying provision applies exclusively to EPA-issued permits and is not applicable to State programs under these sections. While South Carolina is not required to implement these latter provisions, they are not precluded from doing so, notwithstanding use of the term "Regional Administrator."

(c) The term "formal hearing" means any evidentiary hearing under subpart E or any panel hearing under subpart F but does not mean a public hearing conducted under Section 124.12.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.3. Application for a permit.

(a)(1) Any person who requires a permit under these regulations shall complete, sign, and submit to the Department an application for each permit required under R.61-79.270.1 and meet the public notice requirements under 124.10. Applications are not required for permits by rule R.61-79.270.60. (amended 6/89; edited 12/92)

(2) The Department shall not begin the processing of a permit under these regulations until the applicant has fully complied with the application requirements for that permit. See R.61-79.270.10, .11, and .13, Subpart B and applicable sections of R-61-79.264 which describe the information required in permit applications. (amended 11/90)

(b) [Reserved]

(c) The Department shall review for completeness every application for a permit under these regulations. Each application for a permit submitted by a new HWM facility should be reviewed for completeness by the Department within 30 days of its receipt. Each application for a permit submitted by an existing HWM facility (both Parts A and B of the application), should be reviewed for completeness within 60 days of receipt. Upon completing the review, the Department shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Department shall list the information necessary to make the application complete. When the application is for an existing HWM facility, the Department shall specify in the notice of deficiency a date for submitting the necessary information. After the application is completed, the Department may request additional information from an applicant but only where necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete. (amended 11/90)

(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provisions of SC 44-56-140 and RCRA section 3008.

(e) If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, it will notify the applicant and a date shall be scheduled.

(f) The effective date of an application is the date on which the Department notifies the applicant that the application is complete as provided in paragraph (c) of this section.

HISTORY: Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 19, Issue No. 6, eff June 23, 1995.

124.5. Modification, revocation and reissuance, or termination of permits under these regulations.

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in R.61-79.270.41 and 270.43. All requests shall be in writing and shall contain facts or reasons supporting the request. The requirements of this section do not apply to transporter permits.

(b) If the Department decides the request is not justified, it will send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the Department may be appealed by requesting of the Board of Health and Environmental Control an adjudicatory hearing as specified under R.61-72 Section II within 15 days of the date of the decision.

(c)(1) If the Department tentatively decides to modify or revoke and reissue a permit under R.61-79.270. Subpart D, it will prepare a draft permit under 124.6 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.



(2) In a permit modification under this section, only those conditions to be modified will be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

(3) "Class 1 and 2 modifications" as defined in R.61-79.270 Subpart D are not subject to the requirements of this section.

(d) If the Department tentatively decides to terminate a permit under 270.43 other than at the request of the permittee, it shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under 124.6.

(e) When the Department is the permitting authority, all draft permits (including notices of intent to terminate) prepared under this section shall be based on the administrative record as defined in Section 124.9.

(f) A generator shipping hazardous waste offsite must either be permitted to transport or utilize a transporter permitted pursuant to R.61-79.263. (amended 6/89)

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 25, Issue No. 10, eff October 26, 2001.

124.6. Draft permits under these regulations.

(a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.

(b) If the Department tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See 124.6(e). If the Department's final decision (124.15) is that the tentative decision to deny the permit application was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section (revised 12/92).

(c) If the Department decides to prepare a draft permit, the Department shall prepare a draft permit that contains the following information:

(1) The approved permit application;

(2) All conditions under R.61-79.270.30 and 270.32;

(3) All compliance schedules under R.61-79.270.33;

(4) All monitoring requirements under R.61-79.270.31 which have not been specified in the permit applications; and

(5) Any condition established under R.61-79.270.32 necessary to achieve compliance with applicable standards for treatment, storage and/or disposal. Standards for treatment, storage, and/or disposal and other permit conditions under Section 270.30.

(d) All draft permits prepared by the Department under this section shall be accompanied by a fact sheet (Section 124.8), shall be based on the administrative record (Section 124.9), publicly noticed (Section 124.10) and made available for public comment (Section 124.11). The Department shall give notice of opportunity for a public hearing (Section 124.12), issue a final decision (Section 124.15), and respond to comments (Section 124.17). An appeal may be taken under Section 124.19. Draft permits prepared by the Department shall be accompanied by a fact sheet if required under Section 124.8. (revised 12/92).

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.8. Fact sheet.

(a) The Department shall prepare a fact sheet for every draft permit for a HWM facility or activity. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.

(b) The fact sheet shall include, when applicable:

(1) A brief description of the type of facility or activity which is the subject of the draft permit;

(2) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, or disposed of.

(3) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions.

(4) Provisions and appropriate supporting references to the administrative record required by 124.9;

(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

(6) A description of the procedures for reaching a final decision on the draft permit including:

(i) The beginning and ending dates of the comment period under 124.10 and the address where comments will be received;

(ii) Procedures for requesting a hearing and the nature of that hearing; and

(iii) Any other procedures by which the public may participate in the final decision.

(7) Name and telephone number of a person to contact for additional information.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.9. Administrative record for draft permits under these regulations.

(a) The provisions of a draft permit prepared by the Department under 124.6 shall be based on the administrative record defined in this section.

(b) For preparing a draft permit under Section 124.6 above the record shall consist of:

(1) The application, if required, and any supporting data furnished by the applicant;

(2) The draft permit or notice of intent to deny the application or to terminate the permit;

(3) The fact sheet (Section 124.8);

(4) All documents cited in the fact sheet; and

(5) Other documents contained in the supporting file for the draft permit.

(c) Material readily available at the Department or published material that is generally available, and that is included in the administrative record under paragraphs (b) and (c) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the fact sheet.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.10. Public notice of permit actions and public comment period.

(a) Scope. Public notice of permit actions and public comment periods covered in this section apply only to treatment, storage, and disposal facilities under these regulations. (amended 6/89)

(1) The Department will give public notice when the following actions are to be taken:

(i) A draft permit has been prepared under 124.6; or

(ii) A hearing has been scheduled under 124.12;

(iii) A permit application has been tentatively denied under 124.6(b) (revised 12/92);

(iv) An appeal has been granted under Section R.61-72.

(2) No public notice will be given when a request for a permit modification, revocation and reissuance, or termination is denied under Section 124.5(b). Written notice of that denial will be given to the requestor and the permittee.

(3) Public notice may describe more than one permit or permit action.

(4) The applicant will give public notice in accordance with 124.10(c)(5) when an application for a permit is submitted to the Department. The applicant will give public notice of submittal of an application for a permit modification in accordance with R.61-79.270.42 (amended 6/89).

(b) Timing.

(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this section shall allow at least 45 days for public comment (revised 12/92).

(2) Public notice of a public hearing will be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.

(c) Methods. Public notice of activities described in paragraphs (a)(1) and (a)(4) of this section shall be given by the following methods: (amended 6/89)

(1) By mailing a copy of a notices of draft permits or hearings to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits); (amended 6/89)

(i) The applicant and those identified in (5); (amended 6/89)

(ii) Any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity;

(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States(Indian Tribes). (amended 11/90; revised 12/92)

(iv) Persons on a mailing list developed by:

(A) Including those who request in writing to be on the list;

(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, and in such publications as Regional and State funded newsletters, environmental bulletins, State law journals. (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.).

(v)(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(B) To each State agency having any authority under State law with respect to the construction or operation of such facility.

(2) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations within the area affected by the facility or activity;

(3) In a manner constituting legal notice to the public under state law; and

(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(5) Public notice of activities described in paragraph (a)(4) shall be given by the applicant by the following methods: (amended 6/89)

(i) notice to contiguous landowners, as determined by the tax rolls;

(ii) notice to the county in which the facility site is located and all other political subdivisions within twenty miles of the site;

(iii) notice to local daily and weekly newspapers within the area affected by the facility or activity, and the major newspaper in Columbia; and

(iv) notice to the local Chamber of Commerce;

(v) a copy of the permit application to the public library in the county where the site is located.

(d) Contents.

(1) All public notices. All public notices issued under this part shall contain the following minimum information:

(i) Name and address of the office processing the permit action for which notice is being given;

(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, fact sheet, and the application; the location of the administrative record required by 124.9, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record (revised 12/92); and

(v) A brief description of the comment procedures required by Section 124.11, and Section 124.12 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(vi) Any additional information considered necessary or proper.

(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice of a hearing under Section 124.12 will contain the following information:

(i) Reference to the date of previous public notices relating to the permit;

(ii) Date, time, and place of the hearing;

(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

HISTORY: Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

124.11. Public comments and requests for public hearings.

During the public comment period provided under 124.10, any interested person may submit written comments on the draft permit or the permit application and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in 124.17.

HISTORY: Amended by State Register Volume 17, Issue No. 17, eff December 24, 1993.

124.12. Public hearings.

(a)(1) The Department shall hold a public hearing whenever the Department finds, on the basis of requests, a significant degree of public interest in a draft permit(s) under these regulations (edited 12/92);



(2) The Department may also hold a public hearing at the Department's discretion, whenever for instance, such a hearing might clarify one or more issues involved in the permit decision;

(3)(i) The Department shall hold a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under 124.10(b)(1);

(ii) Whenever possible, the Department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility;

(4) Public notice of the hearing will be given as specified in Section 124.10 above.

(b) Whenever a public hearing will be held and the Department is the permitting authority, the Department shall designate a Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.

(c) Any person may submit oral or written statements and data concerning the application and the draft permit during a hearing. Reasonable limits may be set upon the time allowed for oral statements and the submission of statements in writing may be required. The public comment period under Section 124.10 above shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

(d) A tape recording or written transcript of the hearing shall be made available to the public.

(e) Public notice of any of the above actions shall be issued under 124.10. (amended 11/90)

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.13. Obligation to raise issues and provide information during the public comment period.

All persons, including applicants, who believe the issuance of a permit under these regulations or any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must notify the Department in writing. This notification must contain all reasonably ascertainable issues, and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public hearing) under 124.10., and factual grounds supporting their position, including any supporting materials which are not already part of the administrative record for the permit. This written notification must be submitted to the Department by the close of the public comment period provided under 124.10 (edited 12/92).

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.14. Reopening of the public comment period.

(a) If any data, information, or arguments submitted during the public comment period, including information or arguments required under 124.13, appear to raise substantial new questions concerning a permit, the Department may take one or more of the following actions:

(1) Prepare a new draft permit, appropriately modified, under Section 124.6 above;

(2) Prepare a revised fact sheet under Section 124.8 above and reopen the comment period under this section; or

(3) Reopen or extend the comment period under Section 124.10 above to give interested persons an opportunity to comment on the information or arguments submitted.

(4) A comment period of longer than 45 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under 124.10 to the extent they appear necessary.

(b) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under Section 124.10 above shall define the scope of the reopening.

(c) Public notice of any of the above actions shall be issued under Section 124.10 above.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

124.15. Issuance and effective date of permit.

(a) After the close of the public comment period under 124.10 on a draft permit, the Department shall issue a final permit decision. The Department shall notify in writing the applicant and each person who has submitted written comments or requested notification of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit or for contesting a decision to terminate a permit. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit (edited 12/92).

(b) Permit denials will be public noticed by the Department in accordance with Section 124.10(c)(1) and (2).

(c) A final permit decision shall become effective 30 days after the service of notification of the decision under paragraph (a) of this section, unless:

(1) A later effective date is specified in the decision; or

(2) A request for an adjudicatory hearing, as specified under R.61-72 Section II, is served on the Board within fifteen (15) days after notification of the final permit decision by the Department; or

(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.17. Response to comments.

(a) At the time that any final permit decision under these regulations is issued under Section 124.15, the Department shall issue a response to comments. States are only required to issue a response to comments when a final permit is issued. This response shall (edited 12/92):

(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

(2) Briefly describe and respond to all significant comments on the draft permit or the permit application raised during the public comment period, or during any hearing.

(b) Any documents cited in the response to comments shall be included in administrative record for the final permit decision as defined in Section 124.18 below. If new points are raised or new material supplied during the public comment period, the Department may document its responses to those matters by adding new materials to the administrative record.

(c) The response to comments shall be available to the public.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

124.18. Administrative record for final permit under these regulations.

(a) The Department will base final permit decisions under Section 124.15 above on the administrative record defined in this section.

(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:

(1) All comments received during the public comment period provided under Section 124.10 above (including any extension or reopening under (Section 124.14);

(2) The tape or transcript of any hearing(s) held under Section 124.12;

(3) Any written materials submitted at such a hearing;

(4) The responses to comments required by Section 124.17 above and any new material placed in the record under that section;

(5) Other documents contained in the supporting file for the permit; and

(6) The final permit.

(c) The additional documents required under paragraph (b) of this section should be added to the record as soon as possible after their receipt or publication by the Department. The record shall be complete on the date the final permit is issued.

(d) This section applies to all final permits when the draft permit was subject to the administrative record requirements of Section 124.9 above.

(e) Material readily available at the Department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of Section 124.17 ("Response to comments"), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

124.19. Appeal of Permit [See also R.61-72, Section II; clarification 12/92].

(a) Department decision involving the issuance, denial, renewal, modification, suspension, or revocation of a permit, license, certificate or certification may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1; Title 1, Chapter 23; and Title 40, Chapter 61.

(b) Any person to whom an order is issued may appeal it pursuant to applicable law, including S.C. Code Title 44, Chapter 1; Title 1, chapter 23; and Title 40, Chapter 61.

HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 32, Issue No. 6, eff June 27, 2008.

SUBPART B. SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS

124.31. Pre-application public meeting and notice.

(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit modification under 270.42. The requirements of this section do not apply to permit modifications under 270.42 or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(b) Prior to the submission of a part B RCRA permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (b) of this section, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the part B application, in accordance with 270.14(b).

(d) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Department upon request, documentation of the notice.

(1) The applicant shall provide public notice in all of the following forms:

(i) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (d)(2) of this section, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Department determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.

(ii) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (d)(2) of this section. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.

(iii) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (d)(2) of this section, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department.

(iv) A notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of State and local government, in accordance with Sec. 124.10(c)(1)(v).

(2) The notices required under paragraph (d)(1) of this section must include:

(i) The date, time, and location of the meeting;

(ii) A brief description of the purpose of the meeting;

(iii) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and

(v) The name, address, and telephone number of a contact person for the applicant.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

124.32. Public notice requirements at the application stage.

(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units under 270.51. The requirements of this section do not apply to permit modifications under 270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(b) Notification at application submittal.

(1) The Department shall provide public notice as set forth in Sec. 124.10(c)(1)(iv), and notice to appropriate units of State and local government as set forth in Sec. 124.10(c)(1)(v), that a part B permit application has been submitted to the Department and is available for review.

(2) The notice shall be published within a reasonable period of time after the application is received by the Department. The notice must include:

(i) The name and telephone number of the applicant's contact person;

(ii) The name and telephone number of the Department contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;

(iii) An address to which people can write in order to be put on the facility mailing list;

(iv) The location where copies of the permit application and any supporting documents can be viewed and copied;

(v) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and

(vi) The date that the application was submitted.

(c) Concurrent with the notice required under Sec. 124.32(b) of this subpart, the Department must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department's office.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

124.33. Information repository.

(a) Applicability. The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management units over which Department has permit issuance authority.

(b) The Department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Department shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Department determines, at any time after submittal of a permit application, that there is a need for a repository, then the Department shall notify the facility that it must establish and maintain an information repository. (See 270.30(m) for similar provisions relating to the information repository during the life of a permit).

(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the Department to fulfill the purposes for which the repository is established. The Department shall have the discretion to limit the contents of the repository.

(d) The information repository shall be located and maintained at a site chosen by the facility. If the Department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Department shall specify a more appropriate site.

(e) The Department shall specify requirements for informing the public about the information repository. At a minimum, the Department shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(f) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Department. The Department may close the repository at his or her discretion, based on the factors in paragraph (b) of this section.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

61-79.260. HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL.

SUBPART A. GENERAL

260.1. Purpose, scope, and applicability.

(a) This part provides definitions of terms, general standards, and overview information applicable to R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter.

(b) In this part:

(1) Section 260.2 sets forth the rules that the Department 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 the Department under R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter.

(2) Section 260.3 establishes rules of grammatical construction for R.61-79.260 through R.61-79.266 under these regulations and R.61-79.268 of this chapter.

(3) Section 260.10 defines terms which are used in R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter.

(4) Section 260.20 establishes procedures for petitioning the Department to amend, modify, or revoke any provision of R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter, and establishes procedures governing the Department's action on such petitions.

(5) Section 260.21 establishes procedures for petitioning the Department to approve testing methods as equivalent to those prescribed in R.61-79.261, R.61-79.264 or R.61-79.265 of this chapter.

(6) Section 260.22 establishes procedures for petitioning the Department to amend Subpart D of R.61-79.261 to exclude a waste from a particular facility.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

260.2. Availability of information; confidentiality of information.

(a) Any information provided to the Department under R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter will be made available to the public to the extent and in the manner authorized by the Freedom of Information Act, Section 30-4-10 et.seq. of the S.C. Code of Law of 1976 as amended, or 5 U.S.C. section 552, section 3007(b) of RCRA or EPA regulations implementing the Freedom of Information Act, or section 3007(b), 40 CFR part 2 of RCRA as applicable. (revised 12/92).

(b) Any person who submits information to the Department in accordance with R.61-79.260 through R.61-79.266 and R.61-79.268 may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 30-4-10 et seq. and 40 CFR 2.203(b). Information covered by such a claim will be disclosed by the Department only to the extent, and by means of the provisions contained in the Freedom of Information Acts SC 30-4-10 et seq., and by means of the procedures, set forth in 40 CFR Chapter 1, part 2, subpart B, except that information required by 262.53(a) and 262.83 that is submitted in a notification of intent to export a hazardous waste will be provided to the Department of State and the appropriate authorities in the transit and receiving or importing country regardless of any claims of confidentiality. However, if no such claim accompanies the information when it is received by the Department, it may be made available to the public without further notice to the person submitting it (revised 12/92; 12/93).

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

260.3. Use of number and gender.

As used in R.61-79.260 through R.61-79.266 and R.61-79.268:

(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.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

SUBPART B. DEFINITIONS

260.10. Definitions.

When used in parts 260 through 273, the following terms have the meanings given below:

"Aboveground tank" means a device meeting the definition of "tank" below 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" means the S.C. Hazardous Waste Management Act, Section 44-56-10 et seq. of the Code of Laws of 1976 as amended or 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 Department receives certification of final closure. "Active portion" means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the effective date of part 261 of this chapter and which is not a closed portion (see also "closed portion" and "inactive portion").

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal offsite.

"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.

"Batch tolling" [Removed]

"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. (added 5/96)

"Board" means the South Carolina Board of Health and Environmental Control.

"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 section(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 Department has determined, on case-by-case basis, to be a boiler, after considering the standards in Section 260.32.

"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.

"Certification" means a statement of professional opinion based upon knowledge and belief.

"Certified Laboratory" means a laboratory that has been approved by the Department to perform specific analyses referenced in R.61-79.260 through R.61-79.270. Laboratory certification is necessary for parameters of interest under SW-846 and other methods approved by EPA.

"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".)

"Commissioner" means the commissioner of the Department or his authorized agent.

"Component" means either the tank or ancillary equipment of a tank system.

"Conditionally exempt small quantity generators" generate less than 100 kg hazardous waste in a month.

"Confined Aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of R.61-79.264 or R.61-79.265.

"Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

"Corrosion expert" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

"CRT collector" means a person who receives used, intact CRTs for recycling, repair, resale, or donation.

"CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.

"CRT processing" means conducting all of the following activities:

(1) Receiving broken or intact CRTs; and

(2) Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and

(3) Sorting or otherwise managing glass removed from CRT monitors

"Department" means the Department of Health and Environmental Control, including personnel thereof authorized by the Board to act on behalf of the Department or Board.

"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 these regulations, or

(ii) has received a permit (or interim status) from a state authorized in accordance with part 271 of this chapter; or

(iii) is regulated under 261.6(c)(2) or subpart F of part 266 and

(iv) that has been designated on the manifest by the generator pursuant to 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 264.72(f) or 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. (12/92; 12/93; 12/94; 6/95).

"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 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. (added 5/96)

"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 groundwaters.

"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 nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run on to an associated collection system at wood preserving plants."

"Elementary neutralization unit" means a device which:

(1) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in R.61-79.261.22 of this chapter, or they are listed in subpart D of R.61-79.261 of the chapter only for this reason; and

(2) Meets the definition of tank, tank system, container, transport vehicle, or vessel in R.61-79.260.10. (amended 11/90)

"EPA" means the U. S. Environmental Protection Agency.

"EPA hazardous waste number" means the number assigned by EPA to each hazardous waste listed in 40 CFR Part 261, Subpart D, and to each characteristic identified in R.61-79.261 Subpart C.

"EPA identification number" means the number assigned by EPA to each generator, transporter, and treatment, storage, or disposal facility.

"Equivalent method" means any testing or analytical method approved by the Department under 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 (revised 12/92); and either

(2)(i) A continuous onsite, physical construction program has begun; or



(ii) The owner or operator has entered into contractual obligations -- which cannot be canceled 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 (revised 12/92).

"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 inplace rendersafe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, rendersafe 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. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them) (12/92). (2) For the purpose of implementing corrective action under 264.101, 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). (12/93) (3) Notwithstanding paragraph (2) of this definition, a remediation waste management site is not a facility that is subject to 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 R.61-79.262 Section 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.

"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.

"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

"Gasification" For the purpose of complying with 40 CFR 261.4(a)(12)(i), gasification is a process, conducted in an enclosed device or system, designed and operated to process petroleum feedstock, including oil-bearing hazardous secondary materials through a series of highly controlled steps utilizing thermal decomposition, limited oxidation, and gas cleaning to yield a synthesis gas composed primarily of hydrogen and carbon monoxide gas.

"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in R.61-79.261, 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 Waste" means a hazardous waste as defined in R.61-79.261.3.

"Hazardous Waste constituent" means a constituent that caused the Department to list the hazardous waste in R.61-79.261 Subpart D, or a constituent listed in Table I of R.61-79.261.24.

"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

"Inactive portion" means that portion of a facility which is not operated after November 19, 1980 (revised 12/93). (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 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 parts 264 and 265, Appendix V, 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 Department may, after notice and comment, add to this list on the basis of one or more of the following factors:

(i) The design and use of the device primarily to accomplish recovery of material products;

(ii) The use of the device to burn or reduce raw materials to make a material product;

(iii) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;

(iv) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;

(v) The use of the device in common industrial practice to produce a material product; and

(vi) Other factors, as appropriate.

"Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace (revised 12/92).

"In-ground tank" means a device meeting the definition of "tank" below 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.

"In operation" refers to a facility which is treating, storing, or disposing of hazardous waste.

"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.

"International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

"Laboratory" means any facility, including its agents or employees, that performs analyses related to environmental quality evaluations required by the Department or which will be officially submitted to the Department. The laboratory shall have equipment and instrumentation to enable the laboratory to conduct analyses for the tests for which application is made and for which the laboratory has been certified or approved by the Department to perform.

"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.

"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 (amended 11/90; 12/92).

"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.

"Leachate" means any liquid including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

"Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

"Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

"Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

"Manifest" means the shipping document EPA Form 8700-22 (and if necessary, EPA Form 8700-22A), originated and signed by the generator or offeror in accordance with the instructions in the Appendix to 262 and the applicable requirements of 262 through 265. (12/92; 12/93).

"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 40 CFR part 146, containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under 270.65 or staging pile. (11/90; 12/92; 12/93).

"Monitoring well" means a well used to obtain water samples for water quality analysis or to measure groundwater levels.

"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 R.61-79.264.193(g)(2) and R.61-79.265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986. (See also "existing tank system.")

"NPDES" means National Pollutant Discharge Elimination System.

"On-ground tank" means a device meeting the definition of "tank" below 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.

"Onsite" 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 crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous 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 onsite 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 R.61-79.264 and R.61-79.265 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. (amended 11/90)

"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 (revised 12/92).

"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 non-compliance with the requirements of R.61-79.264 or R.61-79.265.

"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: (added 5/96)

(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 noncontainerized 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 (revised 12/92).

"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". This includes sewers pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

"Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality" (as defined by section 502(4) of the CWA). This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

"Quarter" means a three (3) month period ending on the last day of March, June, September, and December.

"Regional Administrator" means the Regional Administrator for the EPA Region in which the facility is located, or his designee.

"Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments), and debris that are managed for implementing cleanup. (12/93, 8/00)

"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.

"Reporting Year" means the twelve month time period starting on January 1 of each year and ending on the last day of December.

"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 drained 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 means a generator who generates less than 1000 kg of hazardous waste in a calendar month. (amended 11/90)

"Solid Waste" means a solid waste as defined in R.60-79.261 Subpart A Section 261.2.

"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.

South Carolina Underground Injection Control R.61-87

South Carolina Water Classification and Standards, R.61-68

South Carolina Water Pollution Control Act 48-1-10 et seq.

South Carolina Water Pollution Control Permits R.61-9

"Spill" [Deleted November 23, 1990]

"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 Department according to the requirements of 264.554.

"State" means the State of South Carolina.

State Primary Drinking Water R.61-58

State Safe Drinking Water Act 44-55-10 et seq.

"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-containing ampules that have been removed from these temperature control devices in compliance with the requirements of R.61-79. 273.13(c)(2) or R.61-79.273.33(c)(2). (added 5/96)

"These Regulations" refers to all regulations contained under R.61-79 of the State Regulations which have been promulgated by the Board as authorized under Section 44-56-30 of the 1976 Code of Laws, as amended.

"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 the 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 are held during the normal course of transportation.

"Transportation" means the movement of hazardous wastes by air to the rail, highway or water.

"Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water.

"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. "Vessel" includes every description of water craft.

"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 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 as defined in R.61-87.

"Underground tank" means a device meeting the definition of "tank" in section 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.

"Universal Waste" means any of the following hazardous wastes that are managed under the universal waste requirements of 273: (5/96)

(1) Batteries as described in 273.2;

(2) Pesticides as described in 273.3;

(3) Mercury-containing equipment as described in 273.4; and

(4) Lamps as described in 273.5 of this chapter.

"Universal Waste Handler": (added 5/96)

(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 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 R.61-79.273.13 (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. (added 5/96)

"Unsaturated Zone (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. (amended 6/89)

"Vessel" includes every description of watercraft used or capable of being used as a means of transportation on the water.

"Waste oil" [Deleted 11/90]

"Wastewater treatment unit" means a device which:

(1) is part of a wastewater treatment facility which is subject to regulation under The Pollution Control Act Sections 48-1-10 et seq. of the Code of Laws of 1976 as amended, and either Section 402 or 307(b) of the Clean Water Act; and

(2) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in R.61-79.261.3 or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined by Section 261.3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section 261.3 of these Regulations; and

(3) Meets the definition of tank or tank system in Section 260.10. (amended 11/90)

"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 excavation which is cored, bored, drilled, jetted, dug or otherwise constructed the depth of which is greater than its largest surface dimension.

"Well injection": (See "underground injection".)

"Zone of engineering control" means an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.

"Zone of incorporation" [Removed]

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 25, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 31, Issue No. 6, eff June 22, 2007; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 33, Issue No. 6, eff June 26, 2009; State Register Volume 34, Issue No. 5, eff May 28, 2010. State Register Volume No. 36, Issue No. 3, eff March 23, 2012; State Register Volume No. 36, Issue No. 9, eff September 28, 2012.

260.11. References

(a) When used in R.61-79.260 through R.61-270, the following publications are incorporated by reference. These references will be applied to necessary testing to be performed by a certified laboratory.

(1) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester," ASTM Standard D-3278-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(2) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester," ASTM Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(3) "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM Standard D 1946-82, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(4) "ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter(High Precision Method)," ASTM Standard D 2382-83, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(5) "ASTM Standard Practices for General Techniques of Ultraviolet Visible Quantitative Analysis," ASTM Standard E 169-87, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(6) "ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM Standard E 168-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(7) "ASTM Standard Practice for Packed Column Gas Chromatography," ASTM Standard E 260-85, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(8) "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," ASTM Standard D 2267-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

(9) "APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA450/281005, December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(10) "Flammable and Combustible Liquids Code" (1977 or 1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210.

(11) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I, (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995) and III] (dated December 1996) and IIIA (dated April 1998)]. The Third Edition of SW-846 and Updates I, II, IIA, IIB, and III (document number 955-001-0000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800. Update IIIA is available through EPA's Methods Information Communication Exchange (MICE) Service. MICE can be contacted by phone at (703) 821-4690. Update IIIA can also be obtained by contacting the U.S. Environmental Protection Agency, Office of Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave. NW, Washington, DC, 20460. Copies of the Third Edition and all of its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847. Copies may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC. (11/99; 8/00)

(12) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC. (revised 12/94)

(13) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analysis of Metals," ASTM Standard E926-88, Test Method C--Bomb, Acid Digestion Method, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.

(14) "API Publication 2517, Third Edition," February 1989, "Evaporative Loss from External Floating-Roof Tanks," available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.

(15) "ASTM Standard Test Method for Vapor Pressure--Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope," ASTM Standard D 2879-92, available from American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103.

(16) Method 1664, Revision A, 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. Available at NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal. Springfield, Virginia 22161.

(b) The references listed in paragraph (a) of this section are also available for inspection at the Office of the Federal Register, 800 North Capitol Street NW, Suite 700, Washington DC. These incorporations by reference were approved by the Director of the Federal Register. 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 (revised 12/93).

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2 eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002.

SUBPART C. RULEMAKING PETITIONS

260.20. General.

(a) Any person may petition the Department to modify or revoke any provision in parts 260 through 266, 268 and 273. 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. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from 261.3 or the lists of hazardous wastes in subpart D of part 261. Section 260.23 sets forth additional requirements for petitions to amend 40 CFR 273 to include additional hazardous wastes or categories of hazardous waste as universal waste. (revised 11/90; 12/92; 5/96).

(b) Each petition must be submitted to the Department 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 Department 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 State Register for written public comment.

(d) Upon the written request of any interested person, the Department may, at its 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 persons views. The Department may in any case decide on its own motion to hold an informal public hearing.

(e) After evaluating all public comments the Department will make a final decision by publishing in the State Register a regulatory amendment or a denial of the petition.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996.

260.21. Petitions for equivalent testing or analytical methods.

(a) Any person seeking to add a testing or analytical method to part 261, 264, 265 or 266 may petition for a regulatory amendment under this section and 260.20. To be successful, the person must demonstrate to the satisfaction of the Department and the Regional Administrator of EPA that the proposed method is equal to or superior to the corresponding method prescribed in 261, 264 and 265, in terms of its sensitivity, accuracy, and precision (i.e., reproducibility) (12/92).

(b) Each petition must include, in addition to the information required by section 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 R.61-79.261, R.61-79.264, or R.61-79.265 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 Department and the Regional Administrator may request any additional information on the proposed method which he may reasonably require to evaluate the method.

(d) If the USEPA amend the regulations to permit use of a new testing method, the method will be incorporated in "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods," SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington, DC 20460. As the Federal Regulations incorporate new testing methods, these will be incorporated by reference.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 28, Issue No. 6, eff June 25, 2004.

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 261 subpart D may petition for a regulatory amendment under this section and section 260.20 to be successful:

(1) The petitioner must demonstrate to the satisfaction of the Department and to the Regional Administrator of EPA 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 Department and the Regional Administrator must determine, where it 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 261.

(b) The procedures in this Section and 260.20 may also be used to petition the Department and the Regional Administrator for a regulatory amendment to exclude from 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. (11/90; 12/92)

(c) If the waste is listed with codes "I," "C," "R," or "E" in 261 subpart D (moved 11/90),

(1) the petitioner must show that the waste does not exhibit the relevant characteristic for which the waste was listed as defined in 261.21, 261.22, 261.23, or 261.24 using any applicable methods prescribed therein. The petitioner also must show that the waste does not exhibit any of the other characteristics defined in 261.21, 261.22, 261.23, or 261.24 using any applicable methods prescribed therein;

(2) Based on a complete application, the Department and the Regional Administrator must determine, where it 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 261.

(d) If the waste is listed with code "T" in 261 subpart D, (11/90)

(1) The petitioner must demonstrate that the waste:

(i) Does not contain the constituent or constituents (as defined in appendix VII of 261) that caused the Department to list the waste, using the appropriate test methods prescribed in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 261.11; or

(ii) Although containing one or more of the hazardous constituents (as defined in appendix VII of 261) that caused the Department and the EPA to list the waste, does not meet the criterion of 261.11 (a)(3) when considering the factors used by the Department and the EPA in 261.11(a)(3)(i) through (xi) under which the waste was listed as hazardous; and

(2) Based on a complete application, the Department and the Regional Administrator must determine, where it 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, (11/90; 12/92)

(3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in Sections 261.21, 261.22, 261.23, and 261.24 using any applicable methods prescribed therein;

(4) A waste which is so excluded, however, still may be hazardous waste by operation of Subpart C of R.61-79.261.

(e) If the waste is listed with the code "H" in subpart D (12/92; 12/93):

(1) Does not meet the criterion of R.61-79.261.11 (a)(2);

(2) Based on a complete application, the Department and the Regional Administrator must determine, where it 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 R.61-79.261.21, 261.22, 261.23, and 261.24 using any applicable methods prescribed therein; and

(4) A waste which is so excluded, however, still may be hazardous waste by operation of Subpart C of R.61-79.261.

(f) A waste which is excluded under paragraphs (a), (c), (d), and (e) still may be a hazardous waste by operation of R.61-79.261 Subpart C.

(g) [Reserved]

(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 Section 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 factors in R.61-79.261.11(a)(3);

(8) A description of the methodologies and equipment used to obtain the representative samples;

(9) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization and preservation of the samples;

(10) A description of the tests performed (including results);

(11) The names and model numbers of the instruments used in performing the tests; and

(12) The following statement signed by the generator of the waste or his authorized representative:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(j) After receiving a petition for an exclusion, the Department and the Regional Administrator may request any additional information which it 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 Department and the Regional 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.

(m) [Removed 12/92]

Editorial Note: For information on the availability of a guidance manual for petitions to delist hazardous wastes, see 50 FR 21607, May 28, 1985.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 28, Issue No. 6, eff June 25, 2004.

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 40 CFR 273 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.

HISTORY: Added by State Register Volume 20, Issue No. 5, eff May 24, 1996.

260.30. Variances from classification as a solid waste.

In accordance with the standards and criteria in Section 260.31 and the procedures in Section 260.33 the Department 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 R.61-79.261.1(c)(8);

(b) Materials that are reclaimed and then reused within the original production process in which they were generated; and (revised 5/96)

(c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 20, Issue No. 5, eff May 24, 1996.

260.31. Standards and criteria for variances from classification as a solid waste.

(a) The Department 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 Department's decision will be based on the following criteria: (revised 5/96)

(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; and

(5) Other relevant factors.

(b) The Department 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: (revised 5/96)

(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; and

(7) Other relevant factors.

(c) The Department may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors:

(1) The degree of processing the material has undergone and the degree of further processing that is required;

(2) The value of the material after it has been reclaimed;

(3) The degree to which the reclaimed material is like an analogous raw material;

(4) The extent to which an end market for the reclaimed material is guaranteed;

(5) The extent to which the reclaimed material is handled to minimize loss;

(6) Other relevant factors.

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 32, Issue No. 6, eff June 27, 2008.

260.32. Variance to be classified as a boiler.

In accordance with the standards and criteria in Section 260.10 (definition of "boiler"), and the procedures in Section 260.33, the Department 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 Section 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.

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

260.33. Procedures for variances from classification as a solid waste or to be classified as a boiler.

The Department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers: (revised 5/96)

(a) The applicant must apply to the Department for the variance. The application must address the relevant criteria contained in sections 260.31 or 260.32 (revised 12/92; 5/96).

(b) The Department 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 and radio broadcast in the locality where the recycler is located. The Department will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at its discretion. The Department will issue a final decision after receipt of comments and after the hearing (if any). (revised 5/96)

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 20, Issue No. 5, eff May 24, 1996.

260.40. Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.

(a) The Department may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in R.61-79.261.6(a)(2)(iii) should be regulated under R.61-79.261.6 (b) and (c) of this chapter. The basis for this decision is that if 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 Department 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.

The procedures for this decision are set forth in Section 260.41 below of these Regulations.

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

260.41. Procedures for case-by-case regulation of hazardous waste recycling activities.

The Department will use the following procedures when determining whether to regulate hazardous waste recycling activities described in R.61-79.261.6(a)(2)(iii) under the provisions of R.61-79.261.6 (b) and (c), rather than under the provisions of subpart F of R.61-79.266.

(a) If a generator is accumulating the waste, the Department 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 R.61-79.262. The notice will become final within thirty (30) days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the Department will hold a public hearing. The Department will provide notice of the hearing to the public and allow public participation at the hearing. The Department 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 Department specifies a later date or unless review by the Department is requested. The order may be appealed to the Department by any person who participated in the public hearing. The Department may choose to grant or to deny the appeal. Final Department action occurs when a final order is issued and Department 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 R.61-79.270 and R.61-79.124. The owner or operator of the facility must apply for a permit under these regulations 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 Department'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 Department's determination. The question of whether the Department's decision was proper will remain open for consideration during the public comment period discussed under 124.11 of this chapter and in any subsequent hearing.

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

61-79.261. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.

SUBPART A. GENERAL

261.1. Purpose and scope.

(a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under Regulations R.61-79.124, .262 through .266, .268, .270, and 40 CFR 271, and which are subject to the notification requirements of the South Carolina Hazardous Waste Management Act Section 44-56-120 and section 3010 of RCRA. In this part: (revised 11/90; 12/92)

(1) Subpart A defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under R.61-79.262 through 266, R.61-79.268, and R.61-270, and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.

(2) Subpart B sets forth the criteria used by the Department 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 the South Carolina Hazardous Waste Management Act 44-56-10 et seq. and Subtitle C of RCRA. For example, it does not apply to materials (such as nonhazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled (revised 12/92; 12/93).

(2) This part identifies only some of the materials which are solid wastes and hazardous wastes under SCHWMA 44-56-10 et seq. and 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 SCHWMA 44-56-90 and sections 3007 and 3013, the Department has reason to believe that the material may be a solid waste within the meaning of section 44-56-20(6) of the S.C. Code of Laws of 1976, as amended or 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 (11/90)

(ii) In the case of SCHWMA 44-56-50 or Section 7003, the statutory elements are established.

(c) For the purposes of sections 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 R.61-79.260.10.

(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.

(5) A material is "used or reused" if it is either:

(i) Employed as an ingredient (including use as an inter-mediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or

(ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

(6) "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

(7) A material is "recycled" if it is used, reused, or reclaimed.

(8) A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that--during the calendar year (commencing on January 1)-the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under Section 261.4(c) below 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 (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.

(d) [Reserved 5/06]

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 2, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.2. Definition of solid waste.

(a)(1) A solid waste is any discarded material that is not excluded by Section 261.4(a) or that is not excluded by variance granted under R.61-79.260.30 and 260.31.

(2) A discarded material is any material which is:

(i) Abandoned, as explained in paragraph (b) of this section; or

(ii) Recycled, as explained in paragraph (c) of this section; or

(iii) Considered inherently waste-like, as explained in paragraph (d) of this section; or

(iv) A "military munition" identified as a solid waste in 266.202.

(b) Materials are solid waste if they are abandoned by being:

(1) Disposed of; or

(2) Burned or incinerated; or

(3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.

(c) Materials are solid wastes if they are recycled--or accumulated, stored, or treated before recycling--as specified in paragraphs (c)(1) through (c)(4).

(1) Used in a manner constituting disposal.

(i) Materials noted with an "x" 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 Section 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 an "x" 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 Section 261.33 are not solid wastes if they are themselves fuels.

(3) Reclaimed. Materials noted with an "x" in column 3 of Table 1 are solid wastes when reclaimed (except as provided under 261.4(a)(17)). Materials noted with a " ----- " in column 3 of Table 1 are not solid wastes when reclaimed. (11/99; 8/00).

(4) Accumulated speculatively. Materials noted with an "x" in column 4 of Table 1 are solid wastes when accumulated speculatively.

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261.2 Table 1 Summary of definitions of Solid Waste

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Use Energy Reclamation Speculative

Constituting Recovery/Fuel (261.2(c)(3)), Accumulation

Disposal (261.2(c)(2)) except as (261.2(c)(4))

(261.2(c)(1)) provided in

261.2(a)(2)(ii),

261.4(a)(17),

261.4(a)(23),

261.4(a)(24), or

261.4(a)(25)

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(1) (2) (3) (4)

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Spent Materials (*) (*) (*) (*)

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Sludges (listed (*) (*) (*) (*)

in Section

261.31 or .32)

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Sludges (*) (*) -- (*)

exhibiting a

characteristic

of hazardous

waste

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By-products (*) (*) (*) (*)

(listed in

Section 261.31

or 261.32)

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By-products (*) (*) -- (*)

exhibiting a

characteristic

of hazardous

waste

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Commercial (*) (*) -- --

chemical

products

listed in

Section 261.33

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Scrap metal that (*) (*) (*) (*)

is not

excluded under

261.4(a)(13)

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(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: (revised 12/92; 12/93).

(i) The material must contain a bromine concentration of at least 45%; and (added 12/93)

(ii) The material must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and (added 12/93)

(iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping). (added 12/93)

(3) The Department 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 R.61-79.261 of these Regulations 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 land disposed; or (revised 5/96)

(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 261.4(a)(17) apply rather than this paragraph. (5/96, 11/99)

(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)-(iii):

(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. (12/93)

(f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing the SC Hazardous Waste Management Act Sections 44-56-10 et seq. and 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 (revised 12/93).

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986 Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.3. Definition of hazardous waste.

(a) A solid waste, as defined in 261.2, is a hazardous waste if: (11/99)

(1) It is not excluded from regulation as a hazardous waste under 261.4(b) and

(2) It meets any of the following criteria:

(i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table 1 to 261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred, or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture. (11/90; 12/93)

(ii) It is listed in subpart D and has not been excluded from the lists in subpart D under 260.20 and 260.22 of this chapter.

(iii) [Reserved] (11/90; 12/93)

(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 this paragraph (a)(2) of this section under 260.20 and 260.22, paragraph (g) of this section, or paragraph (h) of this section; however, the following mixtures of solid wastes and hazardous wastes listed in subpart D of this part are not hazardous wastes (except by application of paragraph (a)(2) (i) or (ii) of this section) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under the S. C. Pollution Control Act Section 48-1-10 et seq., of the S. C. Code of Laws of 1976, as amended and 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: (11/90; 12/93)

(A) One or more of the following spent solvents listed in 261.31 - benezene, 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 Department. 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 Department. The Department may reject the sampling and analysis plan if the Department 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 Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department 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 Section 261.31 - methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents - provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pre-treatment 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 the Department as the context requires, or an authorized representative. 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 Department. The Department may reject the sampling and analysis plan if the Department 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 Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(C) One of the following wastes listed in 261.32, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil water solids separation heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No. K050), crude oil storage tank sediment from petroleum refining operations (EPA Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line filter separation solids from petroleum refining operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or

(D) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in 261.31 through 261.33, arising from de minimis losses of these materials. For purposes of this paragraph (a)(2)(iv)(D), "de minimis" losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in 261.31 through 261.32, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in subpart D of this part must either have eliminated the discharge of wastewaters or have included in its Clean Water Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed (in 261 Appendix VII) of this part; and the constituents in the table "'Treatment Standards for Hazardous Wastes"' in 268.40 for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the Clean Water Act permit application or the pretreatment control authority submission. A copy of the Clean Water permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files; or

(E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subpart D of this part, Provided, That the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pre-treatment system, or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or (revised 5/96)

(F) One or more of the following wastes listed in 261.32 - wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157) - Provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight OR the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file copy of their sampling and analysis plan with the Department or an authorized representative. 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 Department. The Department may reject the sampling and analysis plan if the Department 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 Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department 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 261.32 - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156). - Provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter OR the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file copy of their sampling and analysis plan with the Department or an authorized representative. 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 Department. The Department may reject the sampling and analysis plan if the Department 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 Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department 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, by using an analytical method from SW-846, Third Edition, 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). EPA Publication SW-846, Third Edition, is available for the cost of $110.00 from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954, 202-783-3238 (document number 955-001-00000-1).

(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) becomes a hazardous waste when any of the following events occur:

(1) In the case of a waste listed in Subpart D when the waste first meets the listing description set forth in Subpart D.

(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.

(c) Unless and until it meets the criteria of paragraph (d) of this part:

(1) A hazardous waste will remain a hazardous waste.

(2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h), 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.) (6/02)

(ii) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:

(A) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332).

(B) Waste from burning any of the materials exempted from regulation by section 261.6(a)(3)(iii) and (iv) (12/92; 5/96).

(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 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. (revised 12/92; 12/93)

(2) A one-time notification and certification must be placed in the facility's files and sent to the Department 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 Department on an annual basis if such changes occur. Such notification and certification should be sent to the Department 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." (added 12/93; revised 5/96)

(D) Biological treatment sludge from the treatment of one of the following wastes listed in 261.32-organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157). (added 5/96)

(E) Catalyst inert support media separated from one of the following wastes listed in 261.32 Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172).

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CONSTITUENT Maximum for any single composite sample (mg/l)

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Generic exclusion levels for K061 and K062 nonwastewater HTMR residues

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Antimony 0.10

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Arsenic 0.50

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Barium 7.6

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Beryllium 0.010

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Cadmium 0.050

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Chromium (total) 0.33

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Lead 0.15

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Mercury 0.009

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Nickel 1.0

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Selenium 0.16

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Silver 0.30

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Thallium 0.020

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Zinc 70.

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Generic exclusion levels for F006 nonwastewater HTMR residues

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Antimony 0.10

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Arsenic 0.50

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Barium 7.6

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Beryllium 0.010

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Cadmium 0.050

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Chromium (total) 0.33

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Cyanide (total) (mg/kg) 1.8

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Lead 0.15

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Mercury 0.009

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Nickel 1.0

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Selenium 0.16

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Silver 0.30

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Thallium 0.020

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Zinc 70.

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(d) Any solid waste described in paragraph (c) 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. (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, contains a waste listed under Subpart D or is derived from a waste listed in Subpart D, it also has been excluded from paragraph (c) under R.61-79.260.20 and 260.22.

(e) For the purposes of this regulation the wastes listed in Appendix XI will be considered hazardous.

(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 260, 261 to 266, 268, or 270: (added 12/93)

(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 Section 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 (added 12/93)

(2) Debris as defined in part 268 of this chapter that the Department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste. (added 12/93)

(g)(1) A hazardous waste that is listed in subpart D of this part solely because it exhibits one or more characteristics of ignitability as defined under 261.21, corrosivity as defined under 261.22, or reactivity as defined under 261.23 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in subpart C of this part.

(2) The exclusion described in paragraph (g)(1) of this section also pertains to:

(i) Any mixture of a solid waste and a hazardous waste listed in subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) of this section; and

(ii) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this section.

(3) Wastes excluded under this section are subject to part 268 of this chapter (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.

(4) Any mixture of a solid waste excluded from regulation under 261.4(b)(7) and a hazardous waste listed in Subpart D solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in Subpart C for which the hazardous waste listed in Subpart D was listed.

(h)(1) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of 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.

(3) Waste exempted under this section must meet the eligibility criteria and specified conditions in 266.225 and 266.230 (for storage and treatment). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986 Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 48-1-10 et seq., of the S. C. Code of Laws of 1976, and 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] (revised 12/92).

(3) Irrigation return flows.

(4) Materials covered under Article 2 of Chapter 7 of Title 13 of the 1976 Code of Laws of S.C., as amended.

(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 Section 261.1(c).

(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in Section 261.1(c).

(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 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 Department for reinstatement. The Department 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 byproducts 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 are 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 the tar recovery or refining processes, or mixed with coal tar.

(11) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.

(12)(i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911 - including, but not limited to, distillation, catalytic cracking, fractionation, gasification (as defined in 40 CFR 260.10) or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except, as provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph (a)(12)(i), where such materials as generated would have otherwise met a listing under subpart D of this part, are designated as F037 listed wastes when disposed of or intended for disposal. (5/96, 9/98)

(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:

(i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and

(ii) Free of mercury switches, mercury relays and nickel cadmium batteries and lithium batteries.

(15) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.

(16) Comparable fuels or comparable syngas fuels that meet the requirements of 261.38.

(17) Spent materials (as defined in 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: (11/99; 8/00)

(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 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. (8/00)

(iv) The Department 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 Department 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 Department, 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. (8/00)

(vi) For purposes of 261.4(b)(7) 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 261.21) and/or toxicity for benzene (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 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 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 Department 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

(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 handler'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 Department 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 Department 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 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), and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 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:

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Constituent Maximum Allowable Total Concentration in Fertilizer, per Unit (1%)

of Zinc (ppm)

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Arsenic 0.3

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Cadmium 1.4

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Chromium 0.6

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Lead 2.8

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Mercury 0.3

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(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 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 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 261.39.

(iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of 261.39(c).

(23) [Reserved and Withdrawn]

(24) [Withdrawn]

(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 these regulations, 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 if such overburden is handled in compliance with all applicable provisions of the S. C. Mining Act, Section 48-20-10 et seq., S. C. Code of Laws, 1976, as amended.

(4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by 266.112 for facilities that burn or process hazardous waste (revised 12/92).

(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: (amended 11/90)

(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. (amended 11/90)

(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 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 266.112 for facilities that burn or process hazardous waste. For purposes of 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. For the purposes of 261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes:

(i) For the purposes of 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. (12/92)

(ii) For the purposes of 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) Phophogypsum 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: (11/99)

(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 266.112 for facilities that burn or process hazardous waste (revised 12/92).

(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 product for these materials' intended end use. (amended 11/90; 12/92)

(10) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of Section 261.24 [Hazardous Waste Codes D016 through D043 only] and are subject to the corrective action requirements of 40 CFR 280.

(11) [Blank]

(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: (8/00, 6/03)

(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; (6/03)

(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 after the emergency ends. (6/03)

(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 non-waste-treatment-manufacturing unit, is not subject to regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270, and R.61-79.124 or the notification requirements of South Carolina Hazardous Waste Management Act 44-56-120 and section 3010 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. (amended 11/90)

(d) Samples. (1) Except as provided in paragraph (d)(2) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270, or R.61-79.124 or to the notification requirements of section 3010 of RCRA and the South Carolina Hazardous Waste Management Act 44-56-120 when: (amended 11/90)

(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 paragraph (d)(1)(i) and (ii), 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).

(e) Treatability Study Samples.

(1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in section 260.10, are not subject to any requirement of parts 261 through 263 of this chapter or to the notification requirements of SC 44-56-120 and Section 3010 of RCRA, nor are such samples included in the quantity determinations of 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) is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:

(i) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being 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), South Carolina Public Service Commission or any other applicable shipping requirements; or

(B) If the DOT, USPS, South Carolina Public Service Commission 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 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 annual report.

(3) The Department may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation. The Department 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 time frames allowed in paragraph (e)(3) (i) and (ii) of this section are subject to all the provisions in paragraphs (e)(1) and (e)(2)(iii) through (vi) of this section. The generator or sample collector must apply to the Department 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 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 Department considers necessary.

(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to RCRA requirements) are not subject to any requirement of this part, part 124, parts 262 through 266, 268, and 270, or to the notification requirements SCHWMA 44-56-120 and 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. (amended 11/90)

(1) No less than 45 days before conducting treatability studies, the facility notifies the Department 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 as the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous solid waste) added to "as received" hazardous waste.

(5) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.

(6) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.

(7) The facility maintains records for 3 years following completion of each 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, onsite, 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.

(f)(9) The facility prepares and submits a report to the Department 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 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 261.4(e) exemption.

(11) The facility notifies the Department 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).

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 3, eff March 27, 1987; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 17, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 33, Issue No. 6, eff June 26, 2009; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.

(a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month. (amended 6/89)

(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270 and R.61-79.124, and the notification requirements of Section 3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act and provided the generator complies with the requirements of paragraphs (f), (g), and (j).

(c) When making the quantity determinations of this part and R.61-79.262, the generator must include all hazardous waste that it generates, except hazardous waste that: (revised 5/96)

(1) Is exempt from regulation under R.61-79.261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8; or (added 5/96)

(2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in R.61-79.260.10; or (added 5/96)

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under R.61-79.261.6(c)(2); or (added 5/96)

(4) Is used oil managed under the requirements of R.61-79.261.6(a)(4) or (added 5/96)

(5) Is spent lead-acid batteries managed under the requirements of R.61-79.266 subpart G; or (added 5/96)

(6) Is universal waste managed under R.61-79.261.9 and R. 61-79.273; or

(7) Is a hazardous waste that is an unused commercial chemical product (listed in part 261, subpart D or exhibiting one or more characteristics in part 261, subpart C) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to 262.213. For purposes of this provision, the term eligible academic entity shall have the meaning as defined in 262.200 of Part 262.

(d) In determining the quantity of hazardous waste he generates, a generator need not include:

(1) His hazardous waste when it is removed from onsite storage; or

(2) Hazardous waste produced by onsite treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or

(3) Spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been counted once.

(e) If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acute hazardous waste are subject to full regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61.79.270 and R.61-79.124 and the notification requirements of the South Carolina Hazardous Waste Management Act Section 44-56-120 and section 3010 of RCRA: (amended 11/90; 12/92)

(1) A total of one kilogram of acute hazardous wastes listed in sections 261.31 or 261.33(e).

(2) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in sections 261.31 or 261.33(e).

[Comment: "Full regulation" means those regulations applicable to generators of 1,000 kg or greater of hazardous waste in a calendar month.]

(f) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in paragraph (e)(1) or (e)(2) of this section to be excluded from full regulation under this section, the generator must comply with the following requirements:

(1) Sections 262.11 of R.61-79.262;

(2) The generator may accumulate acute hazardous waste onsite. If he accumulates at any time acute hazardous wastes in quantities greater than those set forth in paragraph (e) (1) or (2) of this section, all of those accumulated wastes are subject to regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270 and R.61-79.124 and the applicable notification requirements of Section 3010 RCRA and the applicable notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120. The time period of R.61-79.262.34(a) for accumulation of wastes onsite, begins when the accumulated wastes exceed the applicable exclusion limit; (amended 11/90)

(3) A conditionally exempt small quantity generator may either treat or dispose of his acute hazardous waste in an onsite facility, or ensure delivery to an offsite storage, treatment or disposal facility, either of which, if located in the U.S., is:

(i) Permitted under R.61-79.270,

(ii) In interim status under R.61-79.270 and R.61-79.265.

(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under 40 CFR 271;

(iv) Permitted, licensed, or registered by the Department to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to R.61-107.258; (revised 12/92; 5/96)

(v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in R.61-107.257.5 through 257.30; or

(vi) A facility which:

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or (revised 5/96)

(vii) For universal waste managed under part 273, a universal waste handler or destination facility subject to the requirements of R.61-79.273. (added 5/96)

(g) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of 100 kilograms or less of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator must comply with the following requirements:

(1) Section 262.11 of R.61-79.262;

(2) The conditionally exempt small quantity generator may accumulate hazardous waste onsite. If he accumulates at any time 1,000 kilograms or greater of his hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of part 262 applicable to generators of greater than 100 kg and less than 1000 kg of hazardous waste in a calendar month as well as the requirements of 263 through 266, 268, and 270 and 124, and the applicable notification requirements of section 3010 of RCRA. The time period of 262.34(d) for accumulation of wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes equal or exceed 1000 kilograms.

(3) A conditionally exempt small quantity generator may either treat or dispose of his hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is: **

(i) Permitted under R.61-79.270;

(ii) In interim status under R.61-79.270 and R.61-79.265;

(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under 40 CFR 271 (revised 12/92);

(iv) Permitted, licensed, or registered by the Department to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to R.61-107. 258; (revised 6/89; 2/92; 5/96)

(v) Permitted, licensed, or registered by the Department to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in R.61-107.257.5 through 257.30; or

(vi) A facility which:

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or (revised 5/96)

(vii) For universal waste managed under part 273, a universal waste handler or destination facility subject to the requirements of R.61-79.273. (added 5/96)

(h) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section unless the mixture meets any of the characteristics of hazardous waste identified in Subpart C.

(i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.

(j) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to R.61-79.107.279. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated. (6/89)

(k) [Reserved-moved to 262.42(b)]

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 36, Issue No. 3, eff March 23, 2012; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 .266 and all applicable provisions in 268, 270 and .124

(i) Recyclable materials used in a manner constituting disposal (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 264 or 265 (Part 266, Subpart H);

(iii) [Reserved 6/06]

(iv) Recyclable materials from which precious metals are reclaimed (40 CFR part 266, subpart F);

(v) 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 262 through 266, or 268, 270 or 124 and are not subject to the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120 and section 3010 RCRA.

(i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in 262.58:

(A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in R.61-79.262 Sections 262.53, 262.56 (a)(1) through (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 R.61-79.262 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 261.4(a)(13). (10/01);

(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 261.4(a)(12); (10/01)

(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 R.61-79.107.279 and so long as no other hazardous wastes are used to produce the hazardous waste fuel; (12/92, 5/96, 6/03)

(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 R.61-79.107.279; 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 R.61-79.107.279; and

(v) [Reserved 5/06]

(vi) Used oil that exhibits one or more of the characteristics of hazardous waste but is recycled in some other manner than being burned for energy recovery (2/92, 8/00, 9/01, 6/03)

(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, but is regulated under R.61-79.107.279.11. 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. (12/93)

(5) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in 262.58(a)(1)) for purpose of recovery is subject to the requirements of part 262, subpart H, if it is subject to either the federal manifesting requirements of Part 262, to the universal waste management standards of Part 273.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of R.61-79.262 and R.61-79.263 of these Regulations, and the notification requirements under 44-56-120 and 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 through L, AA, BB and CC of R.61-79.264 and R.61-79.265, and under R.61-79.266, R.61-79.268, R.61-79.270, and R.61-79.124 and the notification requirements of section 3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in 261.6(d).) (amended 11/90; 12/92)

(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 SCHWMA 44-56-120, and section 264.5 or section 265.5 and section 3010 of RCRA;

(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of R.61-79.265.

(iii) Section 261.6(d) of this chapter.

(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of part 264 or 265 of this chapter.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.7. Residues of hazardous waste in empty containers.

(a)(1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under R.61-79.261 through R.61-79.266, or R.61-79.268, R.61-79.124, and R.61-79.270 or to the notification requirements of Section 3010 RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)

(2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is subject to regulation under R.61-79.261 through R.61-79.266, and R.61-79.268, R.61-79.124, and R.61-79.270 and to the notification requirements of section 3010 RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)

(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 sections 261.31 or 261.33(e) of this regulation, 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 sections 261.31or 261.33(e) of this regulation 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.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 40 CFR 761 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 266, and parts 268, 270, and 124, and the notification requirements of section 3010 of RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)

HISTORY: Added by State Register Volume 14, Issue No. 11, eff November 23, 1990; Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

261.9. Requirements for Universal Waste.

The wastes listed in this section are exempt from regulation under parts 262 through 270 except as specified in part 273 and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under 273: (5/96)

(a) Batteries as described in 273.2;

(b) Pesticides as described in 273.3;

(c) Mercury-containing equipment as described in 273; and

(d) Lamps as described in 273.5.

HISTORY: Added by State Register Volume 20, Issue No. 5, eff May 24, 1996; Amended by State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 31, Issue No. 6, eff June 22, 2007.

SUBPART B. CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

261.10. Criteria for identifying the characteristics of hazardous waste.

(a) The Department shall identify and define a characteristic of hazardous waste in subpart C only upon determination 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.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

261.11. Criteria for listing hazardous waste.

(a) The Department 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 Department 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).

(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 in 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 Department list classes or types of solid waste as hazardous waste if there is reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste in Section 261.3 and found in section 1004(5) of RCRA.

(c) The Department will use the criteria for listing specified in this section to establish the exclusion limits referred to in Section 261.5(c).

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 25, Issue No. 10, eff October 26, 2001.

SUBPART C. CHARACTERISTICS OF HAZARDOUS WASTE

261.20. General.

(a) A solid waste, as defined in section 261.2, which is not excluded from regulation as a hazardous waste under section 261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart.

[Comment: 262.11 of this chapter sets forth the generators 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 R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270 and the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120 (amended 11/90).

(c) For purposes of this subpart, the Department 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 R.61-79.260.

[Comment: Since the appendix I sampling methods are not being formally adopted by the Department, 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 260.20 and 260.21.]

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

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 degrees C (140 degrees 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 260.11) or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see 260.11) or as determined by an equivalent test method approved by the Department under procedures set forth in R.61-79.260.20 and 260.21. (amended 11/90)

(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 degrees F or, regardless of the pressure at 70 degrees F, having an absolute pressure exceeding 104 p.s.i. at 130 degrees F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 degrees 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 Department, Pipeline and Hazardous Materials Technology, US. 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 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 173.151 of 49 CFR and the definition of an organic peroxide was contained in paragraph 173.151a. An organic peroxide is a type of oxidizer.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 34, Issue No. 8, eff August 27, 2010.

261.22. Characteristic of corrosivity.

(a)(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 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 260.11. (12/93)

(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 55ºC (130ºF) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in R.61-79.260.11 (revised 12/93)

(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 25, Issue No. 10, eff October 26, 2001.

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.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 260.11, the extract from a representative sample of the waste contains any of the contaminants listed in Table I 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. (12/92; 12/93; 12/94)

(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 I.--Maximum Concentration of Contaminants for the Toxicity Characteristic

(amended 11/90)

-------------------------------------------------------------------------------

EPA HW No. Contaminant CAS No. [FN2] Regulatory

[FN1] Level

-------------------------------------------------------------------------------

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............ [FN4]200.0

D024........... m-Cresol.................. 108-39-4........... [FN4]200.0

D025........... p-Cresol.................. 106-44-5........... [FN4]200.0

D026........... Cresol.................... ................... [FN4]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........... [FN3]0.13

D012........... Endrin.................... 72-20-8............ 0.02

D031........... Heptachlor (and its 76-44-8............ 0.008

epoxide)................

D032........... Hexachlorobenzene......... 118-74-1........... [FN3]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........... Methy ethyl ketone........ 78-93-3............ 200.0

D036........... Nitrobenzene.............. 98-95-3............ 2.0

D037........... Pentrachlorophenol........ 87-86-5............ 100.0

D038........... Pyridine.................. 110-86-1........... [FN3]5.0

D010........... Selenium.................. 7782-49-2.......... 1.0

D011........... Silver.................... 7440-22-4.......... 5.0

D039........... Tetrachloroethylene....... 127-18-4........... 0.7

D015........... Toxaphene................. 8001-35-2.......... 0.5

D040........... Trichloroethylene......... 79-01-6............ 0.5

D041........... 2,4,5-Trichlorophenol..... 95-95-4............ 400.0

D042........... 2,4,5-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

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FN [FN1] Hazardous waste number.

FN [FN2] Chemical abstracts service number.

FN [FN3] Quantitation limit is greater than the calculated regulatory level.

The quantitation limit therefore becomes the regulatory level.

FN [FN4] 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/1.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003.

SUBPART D. LISTS OF TOXIC HAZARDOUS WASTES

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 R.61-79.260.20 and 260.22.

(b) The Department will indicate the 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 Department to list the waste as a Toxic Characteristic (E) or Toxic Waste (T) in Sections 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 notification requirements and certain recordkeeping and reporting requirements under R.61-79.262 through R.61-79.265, R.61-79.268, and R.61-79.270.

(d) The following hazardous wastes listed in section 261.31 are subject to the exclusion limits for acutely hazardous wastes established in section 261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026 and F027.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.31. Hazardous wastes from nonspecific sources.

(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under R.61-79.260.20 and 260.22 and listed in appendix IX; [only changes are listed; see Appendix A-1].

-------------------------------------------------------------------------------

Industry Table 261.31 Hazardous waste from nonspecific sources Hazard

and EPA (amended 11/90; 12/92) code

HW #

-------------------------------------------------------------------------------

Generic:

F001 The following spent halogenated solvents used in (T)

degreasing: Tetrachloroethylene, trichloroethylene,

methylene chloride, 1,1,1-trichloroethane, carbon

tetrachloride, and chlorinated fluorocarbons; all

spent solvent mixtures/blends used in degreasing

containing, before use, a total of ten percent or

more (by volume) of one or more of the above

halogenated solvents or those solvents listed in

F002, F004, and F005, and still bottoms from the

recovery of these spent solvents and spent solvent

mixtures.

F002 The following spent halogenated solvents: (T)

Tetrachloroethylene, methylene chloride,

trichloroethylene, 1,1,1-trichloethane,

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 solvents mixtures.

F003 The following spent non-halogenated solvents: Xylene, (I)

acetone, ethyl acetate, ethyl benzene, ethyl ether, [FN*]

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-halogenated solvents; Cresols (T)

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 solvents mixtures.

F005 The following spent non-halogenated solvents: (I,T)

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 sludges from electroplating (T)

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 a carbon steel; (5) cleaning/stripping

associated with ten, zinc and aluminum plating a

carbon steel, and (6) chemical etching and milling of

aluminum.

F007 Spent cyanide plating bath solutions from (R,T)

electroplating operations.

F008 Plating bath residues from the bottom of plating (R,T)

baths from electroplating operations where cyanides

are used in the process.

F009 Spent stripping and cleaning bath solutions from (R,T)

electroplating operations where cyanides are used in

the process.

F010 Quenching bath residues from oil baths from metal (R,T)

heat treating operations where cyanides are used in

the process.

F011 Spent cyanide solutions from salt bath pot clearing (R,T)

from metal heat treating operations.

F012 Quenching wastewater treatment sludges from metal (T)

heat treating operations where cyanides are used in

the process.

F019 Wastewater treatment sludges from the chemical (T)

conversion coating of aluminum except from zirconium

phosphating in aluminum can washing when such

phospating is an exclusive conversion coating

process.(revised 12/93) 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

258.40, 264.301 or 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 wastewater and spent carbon from (H)

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 wastewater and spent carbon from (H)

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 wastewater and spent carbon from (H)

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 wastewater and spent carbon from (H)

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) or tri- and tetrachlorophenols. (This

listing does not include wastes from equipment used

only for the production or use of Hexachlorophene

from highly purified 2,4,5-trichlorophenol.)

F024 Process wastes, including, but not limited to, (T)

distillation residues, heavy ends, tars, and reactor

cleanout 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 wastewater, wastewater

treatment sludges, spent catalysts, and wastes listed

in Section 261.31 or 261.32]. (revised 12/93)

F025 Condensed light ends, spent filters and filter aids, (T)

and spent desiccant wastes from the production of

certain chlorinated alphatic 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 depositions of chlorine

substitution.

F026 Wastes (except wastewater and spent carbon from (H)

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 formulations containing tri-, tetra- (H)

or pentachlorophenol or discarded unused formulations

containing compounds derived from these

chlorophenols. (This listing does not include

formulations containing hexachlorophene synthesized

from pre-purified 2,4,5-trichlorophenol as the sole

component.).

F028 Residues resulting from the incineration or thermal (T)

treatment of soil contaminated with EPA Hazardous

Waste Nos. F020, F021, F022, F023, F026, and F027.

F032 Wastewaters (except those that have not come into (T)

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 261.35 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. (revised 12/93)

F034 Wastewaters (except those that have not come into (T)

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.

(revised 12/93)

F035 Wastewaters (except those that have not come into (T)

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. (revised 12/93)

F037 Petroleum refinery primary oil/water/solids separation (T)

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

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 261.4(a)(12)(i),

if those residuals are to be disposed of. (8/00)

F038 Petroleum refinery secondary (emulsified) (T)

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 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 (revised

12/92).

F039 Leachate (liquids that have percolated through land (T)

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, F023, F026, F027, and/or F028.) (revised

12/92; 12/93).

FN [FN*] (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 employs a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.



(ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that:

(A) the unit is an aggressive biological treatment unit as defined in this subsection; and

(B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.

(3)(i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.



(ii) For the purposes of the F038 listing,

(A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and

(B) floats are considered to be generated at the moment they are formed in the top of the unit.

(4) For the purposes of 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. Facilities must be engaged in manufacturing complete vehicles or chassis only.

(ii) Generators must maintain records, to prove that the exempted sludges meet the conditions of the listing. Records must include: volume of waste generated and disposed off site; when the wastes were generated and sent off site; name and address of receiving facility; documentation confirming receipt. Generators must maintain these documents no less than three years. Retention period for documentation is automatically extended during an enforcement action or as requested by the Regional Administrator or state regulatory authority.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 34, Issue No. 5, eff May 28, 2010.

261.32. Hazardous wastes from specific sources.

(a) The following solid wastes are listed hazardous wastes from specific sources unless they are excluded under 260.20 and 260.22 and listed in Appendix IX. 261.32. Table is now also (a) (12/92, 5/96, 9/98, 9/01)

-------------------------------------------------------------------------------

Industry and EPA

HW #Hazardous waste Hazard

code

-------------------------------------------------------------------------------

Wood preservation:

-------------------------------------------------------------------------------

K001 Bottom sediment sludge from the treatment of (T)

wastewaters from wood preserving processes

that use creosote and/or pentachlorophenol.

-------------------------------------------------------------------------------

Inorganic pigments:

-------------------------------------------------------------------------------

K002 Wastewater treatment sludge from the (T)

production of chrome yellow and orange

pigments.

-------------------------------------------------------------------------------

K003 Wastewater treatment sludge from the (T)

production of molybdate orange pigments.

-------------------------------------------------------------------------------

K004 Wastewater treatment sludge from the (T)

production of zinc yellow pigments.

-------------------------------------------------------------------------------

K005 Wastewater treatment sludge from the (T)

production of chrome green pigments.

-------------------------------------------------------------------------------

K006 Wastewater treatment sludge from the (T)

production of chrome oxide green pigments

(anhydrous and hydrated).

-------------------------------------------------------------------------------

K007 Wastewater treatment sludge from the (T)

production of iron blue pigments.

-------------------------------------------------------------------------------

K008 Oven residue from the production of chrome (T)

oxide green pigments.

-------------------------------------------------------------------------------

Organic chemicals:

-------------------------------------------------------------------------------

K009 Distillation bottoms from the production of (T)

acetaldehyde from ethylene.

-------------------------------------------------------------------------------

K010 Distillation side cuts from the production of (T)

acetaldehyde from ethylene.

-------------------------------------------------------------------------------

K011 Bottom stream from the wastewater stripper in (R, T)

the production of acrylonitrile.

-------------------------------------------------------------------------------

K013 Bottom stream from the acetonitrile column in (R, T)

the production of acrylonitrile.

-------------------------------------------------------------------------------

K014 Bottoms from the acetonitrile purification (T)

column in the production of acrylonitrile.

-------------------------------------------------------------------------------

K015 Still bottoms from the distillation of benzyl (T)

chloride.

-------------------------------------------------------------------------------

K016 Heavy ends or distillation residues from the (T)

production of carbon tetrachloride.

-------------------------------------------------------------------------------

K017 Heavy ends (still bottoms) from the (T)

purification column in the production of

epichlorohydrin.

-------------------------------------------------------------------------------

K018 Heavy ends from the fractionation column in (T)

ethyl chloride production.

-------------------------------------------------------------------------------

K019 Heavy ends from the distillation of ethylene (T)

dichloride in ethylene dichloride

production.

-------------------------------------------------------------------------------

K020 Heavy ends from the distillation of vinyl (T)

chloride in vinyl chloride monomer

production.

-------------------------------------------------------------------------------

K021 Aqueous spent antimony catalyst waste from (T)

fluoromethanes production.

-------------------------------------------------------------------------------

K022 Distillation bottom tars from the production (T)

of phenol/acetone from cumene.

-------------------------------------------------------------------------------

K023 Distillation light ends from the production (T)

of phthalic anhydride from naphthalene.

-------------------------------------------------------------------------------

K024 Distillation bottoms from the production of (T)

phthalic anhydride from naphthalene.

-------------------------------------------------------------------------------

K025 Distillation bottoms from the production of (T)

nitrobenzene by the nitration of benzene.

-------------------------------------------------------------------------------

K026 Stripping still tails from the production of (T)

methy ethyl pyridines.

-------------------------------------------------------------------------------

K027 Centrifuge and distillation residues from (R, T)

toluene diisocyanate production.

-------------------------------------------------------------------------------

K028 Spent catalyst from the hydrochlorinator (T)

reactor in the production of

1,1,1-trichloroethane.

-------------------------------------------------------------------------------

K029 Waste from the product steam stripper in the (T)

production of 1,1,1-trichloroethane.

-------------------------------------------------------------------------------

K030 Column bottoms or heavy ends from the (T)

combined production of trichloroethylene

and perchloroethylene.

-------------------------------------------------------------------------------

K083 Distillation bottoms from aniline production. (T)

-------------------------------------------------------------------------------

K085 Distillation or fractionation column bottoms (T)

from the production of chlorobenzenes.

-------------------------------------------------------------------------------

K093 Distillation light ends from the production (T)

of phthalic anhydride from ortho-xylene.

-------------------------------------------------------------------------------

K094 Distillation bottoms from the production of (T)

phthalic anhydride from ortho-xylene.

-------------------------------------------------------------------------------

K095 Distillation bottoms from the production of (T)

1,1,1-trichloroethane.

-------------------------------------------------------------------------------

K096 Heavy ends from the heavy ends column from (T)

the production of 1,1,1-trichloroethane.

-------------------------------------------------------------------------------

K103 Process residues from aniline extraction from (T)

the production of aniline.

-------------------------------------------------------------------------------

K104 Combined wastewater streams generated from (T)

nitrobenzene/aniline production.

-------------------------------------------------------------------------------

K105 Separated aqueous stream from the reactor (T)

product washing step in the production of

chlorobenzenes.

-------------------------------------------------------------------------------

K107 Column bottoms from product separation from (C, T)

the production of 1,1- dimethylhydrazine

(UDMH) from carboxylic hydrazides

-------------------------------------------------------------------------------

K108 Condensed column overheads from product (I,T)

separation and condensed reactor vent gases

from the production of

1,1-dimethylhydrazine (UDMH) from

carboxylic acid hydrazides.

-------------------------------------------------------------------------------

K109 Spent filter cartridges from product (T)

purification from the production of

1,1-dimethylhydrazine (UDMH) from

carboxylic acid hydrazides.

-------------------------------------------------------------------------------

K110 Condensed column overheads from intermediate (T)

separation from the production of

1,1-dimethylhydrazine (UDMH) from

carboxylic acid hydrazides.

-------------------------------------------------------------------------------

K111 Product washwaters from the production of (C,T)

dinitrotoluene via nitration of toluene.

-------------------------------------------------------------------------------

K112 Reaction by-product water from the drying (T)

column in the production of toluenediamine

via hydrogenation of dinitrotoluene.

-------------------------------------------------------------------------------

K113 Condensed liquid light ends from the (T)

purification of toluenediamine in the

production of toluenediamine via

hydrogenation of dinitrotoluene.

-------------------------------------------------------------------------------

K114 Vicinals from the purification of (T)

toluenediamine in the production of

toluenediamine via hydrogenation of

dinitrotoluene.

-------------------------------------------------------------------------------

K115 Heavy ends from the purification of (T)

toluenediamine in the production of

toluenediamine via hydrogenation of

dinitrotoluene.

-------------------------------------------------------------------------------

K116 Organic condensate from the solvent recovery (T)

column in the production of toluene

diisocyanate via phosgenation of

toluenediamine.

-------------------------------------------------------------------------------

K117 Wastewater from the reactor vent gas scrubber (T)

in the production of ethylene dibromide via

bromination of ethene.

-------------------------------------------------------------------------------

K118 Spent adsorbent solids from purification of (T)

ethylene dibromide in the production of

ethylene dibromide via bromination of

ethene.

-------------------------------------------------------------------------------

K136 Still bottoms from the purification of (T)

ethylene dibromide in the production of

ethylene dibromide via bromination of

ethene.

-------------------------------------------------------------------------------

K149 Distillation bottoms from the production of (T)

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, excluding spent carbon (T)

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 sludges, excluding (T)

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 heavy ends, still (T)

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 scrubber waters, (T)

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 filter/separation solids (T)

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 treatment of thiocarbamate (T)

wastes

-------------------------------------------------------------------------------

K161 Purification solids (including filtration, (R,T)

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 sludges from the (T)

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. (7/02)

-------------------------------------------------------------------------------

K175 Wastewater treatment sludges from the (T)

production of vinyl chloride monomer using

mercuric chloride catalyst in an

acetylene-based process. (7/02)

-------------------------------------------------------------------------------

K181 Nonwastewaters from the production of dyes (T)

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 R 61-107.258.40, (ii)

disposed in a Subtitle C landfill unit

subject to either 264.301 or 265.301, (iii)

disposed in other Subtitle D landfill units

that meet the design criteria in R.

61-107.258.40, 264.301, or 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 261.21-261.24 and 261.31-261.33 at

the point of generation. Also, the listing

does not apply to wastes generated before

any annual mass loading limit is met.

-------------------------------------------------------------------------------

Inorganic chemicals:

-------------------------------------------------------------------------------

K071 Brine purification muds from the mercury cell (T)

process in chlorine production, where

separately prepurified brine is not used.

-------------------------------------------------------------------------------

K073 Chlorinated hydrocarbon waste from the (T)

purification step of the diaphragm cell

process using graphite anodes in chlorine

production.

-------------------------------------------------------------------------------

K106 Wastewater treatment sludge from the mercury (T)

cell process in chlorine production.

-------------------------------------------------------------------------------

K176 Baghouse filters from the production of (E)

antimony oxide, including filters from the

production of intermediates (e.g., antimony

metal or crude antimony oxide).

-------------------------------------------------------------------------------

K177 Slag from the production of antimony oxide (T)

that is speculatively accumulated or

disposed, including slag from the

production of intermediates (e.g., antimony

metal or crude antimony oxide).

-------------------------------------------------------------------------------

K178 Residues from manufacturing and manufacturing (T)

site storage of ferric chloride from acids

formed during the production of titanium

dioxide using the chloride-ilmenite process

-------------------------------------------------------------------------------

Pesticides:

-------------------------------------------------------------------------------

K031 By-product salts generated in the production (T)

of MSMA and cacodylic acid.

-------------------------------------------------------------------------------

K032 Wastewater treatment sludge from the (T)

production of chlordane.

-------------------------------------------------------------------------------

K033 Wastewater and scrub water from the (T)

chlorination of cyclopentadiene in the

production of chlordane.

-------------------------------------------------------------------------------

K034 Filter solids from the filtration of (T)

hexachlorocyclopentadiene in the production

of chlordane.

-------------------------------------------------------------------------------

K035 Wastewater treatment sludges generated in the (T)

production of creosote.

-------------------------------------------------------------------------------

K036 Still bottoms from toluene reclamation (T)

distillation in the production of

disulfoton.

-------------------------------------------------------------------------------

K037 Wastewater treatment sludges from the (T)

production of disulfoton.

-------------------------------------------------------------------------------

K038 Wastewater from the washing and stripping of (T)

phorate production.

-------------------------------------------------------------------------------

K039 Filter cake from the filtration of (T)

diethylphosphorodithioic acid in the

production of phorate.

-------------------------------------------------------------------------------

K040 Wastewater treatment sludge from the (T)

production of phorate.

-------------------------------------------------------------------------------

K041 Wastewater treatment sludge from the (T)

production of toxaphene.

-------------------------------------------------------------------------------

K042 Heavy ends or distillation residues from the (T)

distillation of tetrachlorobenzene in the

production of 2,4,5-T.

-------------------------------------------------------------------------------

K043 2,6-Dichlorophenol waste from the production (T)

of 2,4-D.

-------------------------------------------------------------------------------

K097 Vacuum stripper discharge from the chlordane (T)

chlorinator in the production of chlordane.

-------------------------------------------------------------------------------

K098 Untreated process wastewater from the (T)

production of toxaphene.

-------------------------------------------------------------------------------

K099 Untreated wastewater from the production of (T)

2,4-D.

-------------------------------------------------------------------------------

K123 Process wastewater (including supernates, (T)

filtrates, and washwaters) from the

production of ethylenebisdithiocarbamic

acid and its salt.

-------------------------------------------------------------------------------

K124 Reactor vent scrubber water from the (C, T)

production of ethylenebisdithiocarbamic

acid and its salts.

-------------------------------------------------------------------------------

K125 Filtration, evaporation, and centrifugation (T)

solids from the production of

ethylenebisdithiocarbamic acid and its

salts.

-------------------------------------------------------------------------------

K126 Baghouse dust and floor sweepings in milling (T)

and packaging operations from the

production or formulation of

ethylenebisdithiocarbamic acid and its

salts.

-------------------------------------------------------------------------------

K131 Wastewater from the reactor and spent (C,T)

sulfuric acid from the acid dryer from the

production of methyl bromide.

-------------------------------------------------------------------------------

K132 Spent absorbent and wastewater separator (T)

solids from the production of methyl

bromide.

-------------------------------------------------------------------------------

Explosives:

-------------------------------------------------------------------------------

K044 Wastewater treatment sludges from the (R)

manufacturing and processing of explosives.

-------------------------------------------------------------------------------

K045 Spent carbon from the treatment of wastewater (R)

containing explosives.

-------------------------------------------------------------------------------

K046 Wastewater treatment sludges from the (T)

manufacturing, formulation and loading of

lead-based initiating compounds.

-------------------------------------------------------------------------------

K047 Pink/red water from TNT operations. (R)

-------------------------------------------------------------------------------

Petroleum refining:

-------------------------------------------------------------------------------

K048 Dissolved air flotation (DAF) float from the (T)

petroleum refining industry.

-------------------------------------------------------------------------------

K049 Slop oil emulsion solids from the petroleum (T)

refining industry.

-------------------------------------------------------------------------------

K050 Heat exchanger bundle cleaning sludge from (T)

the petroleum refining industry.

-------------------------------------------------------------------------------

K051 API separator sludge from the petroleum (T)

refining industry.

-------------------------------------------------------------------------------

K052 Tank bottoms (leaded) from the petroleum (T)

refining industry.

-------------------------------------------------------------------------------

K169 Crude oil storage tank sediment from (T)

petroleum refining operations

-------------------------------------------------------------------------------

K170 Clarified slurry oil tank sediment and/or (T)

in-line filter/separation solids from

petroleum refining operations

-------------------------------------------------------------------------------

K171 Spent Hydrotreating catalyst from petroleum (I.T)

refining operations, including guard beds

used to desulfurize feeds to other

catalytic reactors (this listing does not

include inert support media)

-------------------------------------------------------------------------------

K172 Spent Hydrorefining catalyst from petroleum (I.T)

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/sludge from the primary (T)

production of steel in electric furnaces.

-------------------------------------------------------------------------------

K062 Spent pickle liquor generated by steel (C,T)

finishing operations of facilities within

the iron and steel industry (SIC Codes 331

and 332).

-------------------------------------------------------------------------------

Primary aluminum:

-------------------------------------------------------------------------------

K088 Spent potliners from primary aluminum (T)

reduction.

-------------------------------------------------------------------------------

Secondary lead:

-------------------------------------------------------------------------------

K069 Emission control dust/sludge from secondary (T)

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 from acid leaching of (T)

emission control dust/sludge from secondary

lead smelting.

-------------------------------------------------------------------------------

Veterinary

pharmaceuticals:

-------------------------------------------------------------------------------

K084 Wastewater treatment sludges generated during (T)

the production of veterinary

pharmaceuticals from arsenic or

organo-arsenic compounds.

-------------------------------------------------------------------------------

K101 Distillation tar residues from the (T)

distillation of aniline-based compounds in

the production of veterinary

pharmaceuticals from arsenic or

organo-arsenic compounds.

-------------------------------------------------------------------------------

K102 Residue from the use of activated carbon for (T)

decolorization in the production of

veterinary pharmaceuticals from arsenic or

organo-arsenic compounds.

-------------------------------------------------------------------------------

Ink formulation:

-------------------------------------------------------------------------------

K086 Solvent washes and sludges, caustic washes (T)

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 from coking (T)

operations.

-------------------------------------------------------------------------------

K087 Decanter tank tar sludge from coking (T)

operations(amended 6/95).

-------------------------------------------------------------------------------

K141 Process residues from the recovery of coal (T)

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 from the production (T)

of coke from coal or from the recovery of

coke by-products produced from coal.

-------------------------------------------------------------------------------

K143 Process residues from the recovery of light (T)

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 from light oil (T)

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 collection and (T)

recovery operations from the recovery of

coke by-products produced from coal.

-------------------------------------------------------------------------------

K147 Tar storage tank residues from coal tar (T)

refining.

-------------------------------------------------------------------------------

K148 Residues from coal tar distillation, (T)

including but not limited to, still

bottoms.

-------------------------------------------------------------------------------

Organotins:

-------------------------------------------------------------------------------

K900 Waste residues from the manufacture of (T)

organotin compounds which contain

tri-(organo) substituted tin compounds, to

include tributyltin and its analogs.

-------------------------------------------------------------------------------

(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.

-----------------------------------------------------------------------

261.32 (c) Constituent Chemical abstracts No. Mass levels (kg/yr)

-----------------------------------------------------------------------

Aniline 62-53-3 9,300

o-Anisidine 90-04-0 110

4-Chloroaniline 106-47-8 4,800

p-Cresidine 120-71-8 660

2,4-Dimethylaniline 95-68-1 100

1,2-Phenylenediamine 95-54-5 710

1,3-Phenylenediamine 108-45-2 1,200

-----------------------------------------------------------------------

(d) Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181. The procedures described in paragraphs (d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters from the production of dyes/pigments would not be hazardous (these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (a) of this section). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (a) of this section, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in paragraph (d)(4) of this section.

(1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents (see paragraph (c) of this section) can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years.

(2) Determination for generated quantities of 1,000 MT/yr or less for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels of paragraph (c) of this section. To make this determination, the generator must:

(i) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.

(ii) Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator must comply with the requirements of paragraph (d)(3) of this section for the remainder of the year.

(iii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

(iv) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:

(A) The quantity of dyes and/or pigment nonwastewaters generated.

(B) The relevant process information used.

(C) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.

(3) Determination for generated quantities greater than 1,000 MT/yr for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator must perform all of the steps described in paragraphs (d)(3)(i)-(d)(3)(xi) of this section in order to make a determination that its waste is not K181.

(i) Determine which K181 constituents (see paragraph (c) of this section) are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed).

(ii) If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (d)(2) of this section and keep the records described in paragraph (d)(2)(iv) of this section. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described below in this section.

(iii) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:

(A) A discussion of the number of samples needed to characterize the wastes fully;

(B) The planned sample collection method to obtain representative waste samples;

(C) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.

(D) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.

(iv) Collect and analyze samples in accordance with the waste sampling and analysis plan.

(A) The sampling and analysis must be unbiased, precise, and representative of the wastes.

(B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of paragraph (c) of this section.

(v) Record the analytical results.

(vi) Record the waste quantity represented by the sampling and analysis results.

(vii) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).

(viii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

(ix) Determine whether the mass of any of the K181 constituents listed in paragraph (c) of this section generated between January 1 and December 31 of any year is below the K181 listing levels.

(x) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:

(A) The sampling and analysis plan.

(B) The sampling and analysis results (including QA/QC data)

(C) The quantity of dyes and/or pigment nonwastewaters generated.

(D) The calculations performed to determine annual mass loadings.

(xi) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.

(A) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.

(B) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.

(C) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.

(4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design 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.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 26, Issue No. 5, eff May 24, 2002; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 Section 261.2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.

(a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f).

(b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraphs (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 paragraph (e) or (f) of this section, unless the container is empty as defined in Section 261.7(b).

[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, reuse, recycling or reclamation, the Department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate reuse 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 sections 261.31 or 261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.].

(e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in section 261.5(e).

[Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity (revised 12/92). 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:

-------------------------------------------------------------------------------

Section 261.33(e) Lists of Acute Hazardous Wastes (amended 11/90; 12/92; 5/96)

HW No. Chemical Substance

Abstracts No.

-------------------------------------------------------------------------------

P023 107-20-0 Acetaldehyde, chloro-

P002 591-08-2 Acetamide, N- (aminothioxomethyl)-

P057 640-19-7 Acetamide, 2-fluoro-

P058 62-74-8 Acetic acid, fluoro-, sodium salt

P002 591-08-2 1-Acetyl-2-thiourea

P003 107-02-8 Acrolein

P070 116-06-3 Aldicarb

P203 1646-88-4 Aldicarb sulfone.(added 5/96)

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 H3AsO4

P012 1327-53-3 Arsenic oxide As2O3

P011 1303-28-2 Arsenic oxide As2O5

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. (added 5/96)

P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with

(3aS-cis)-1,2,3,3a,8,8a- hexahydro-1,3a,8-trimethyl-

pyrrolo[2,3-b]indol-5-yl methylcarbamate ester

(1:1). (added 5/96)

P001 [FN1]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-[(methyl-

amino)carbonyl]oxime

P021 592-01-8 Calcium cyanide

P021 592-01-8 Calcium cyanide Ca(CN)2

P022 75-15-0 Carbon disulfide

P189 55285-14-8 Carbamic acid, [(dibutylamino)- thio]methyl-,

2,3-dihydro-2, 2-dimethyl- 7-benzofuranyl ester

(added 5/96)

P191 644-64-4 Carbamic acid, dimethyl-, 1-

[(dimethyl-amino)carbonyl]- 5-methyl-1H-

pyrazol-3-yl ester. (added 5/96)

P192 119-38-0 Carbamic acid, dimethyl-, 3- methyl-1- (1-methylethyl)

-1H- pyrazol-5-yl ester. (added 5/96)

P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl ester. (added

5/96)

P127 1563-66-2 Carbofuran. (added 5/96)

P095 75-44-5 Carbonic dichloride

P189 55285-14-8 Carbosulfan. (added 5/96)

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. (added 5/96)

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,8abeta)-

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,8abeta)-

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,

6aalpha,7beta,7aalpha)-

P051 172-20-8 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,6abeta,7beta, 7aalpha)-,

& metabolites

P044 60-51-5 Dimethoate

P191 644-64-4 Dimetilan.(added 5/96)

P046 122-09-8 alpha,alpha-Dimethyl-phenethylamine

P047 1534-52-1 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-

[(methyl- amino)- carbonyl]oxime. (added 5/96)

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.

(added 5/96)

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

P198 23422-53-9 Formetanate hydrochloride. (added 5/96)

P197 17702-57-7 Formparanate.(added 5/96)

P058 62-74-8 Fluoroacetic acid, sodium salt

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.(added 5/96)

P202 64-00-6 3-Isopropylphenyl N-methyl- carbamate. (added 5/96)

P007 2763-96-4 3(2H)-Isoxazolone, 5- (aminomethyl)-

P196 15339-36-3 Manganese, bis(dimethyl- carbamodithioato-S,S')-,

(added 5/96)

P196 15339-36-3 Manganese dimethyldithio- carbamate. (added 5/96)

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)

P198 23422-53-9 Methanimidamide, N,N-dimethyl- N'-[3- [[(methylamino)

-carbonyl]oxy]phenyl]-, monohydrochloride. (added

5/96)

P197 17702-57-7 Methanimidamide, N,N-dimethyl-

N'-[2-methyl-4-[[(methylamino) carbonyl]oxy]phenyl]-

(added 5/96)

P199 2032-65-7 Methiocarb. (added 5/96)

P118 75-70-7 Methanethiol, trichloro-

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-

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. (added 5/96)

P128 315-18-4 Mexacarbate. (added 5/96)

P072 86-88-4 alpha-Naphthylthiourea

P073 13463-39-3 Nickel carbonyl

P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)-

P074 557-19-7 Nickel cyanide

P074 557-19-7 Nickel cyanide Ni(CN)2

P075 154-11-5 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. (added 5/96)

P089 56-38-2 Parathion

P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-

P048 51-28-5 Phenol, 2,4-dinitro

P047 1534-52-1 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). (added 5/96)

P199 2032-65-7 Phenol, (3,5-dimethyl-4- (methylthio)-,

methylcarbamate (added 5/96)

P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl carbamate. (added

5/96)

P201 2631-37-0 Phenol, 3-methyl-5-(1- methylethyl)-, methyl

carbamate. (added 5/96)

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-(ethyl-

thio)ethyl]ester

P094 298-02-2 Phosphorodithioic acid, O,O- diethyl S-[(ethyl-

thio)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

P040 297-97-2 Phosphorothioic acid, O,O- diethyl O-pyrazinyl ester

P097 52-85-7 Phosphorothioic acid, O-[4- [(dimethylamino)sulfonyl]

phenyl] O,Odimethyl ester

P071 298-00-0 Phosphorothioic acid, O,O,- dimethyl O-(4-nitrophenyl)

ester

P204 57-47-6 Physostigmine. (added 5/96)

P188 57-64-7 Physostigmine salicylate. (added 5/96)

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 (added 5/96)

P203 1646-88-4 Propanal, 2-methyl-2-(methyl- sulfonyl)-,

O-[(methylamino) carbonyl] oxime. (added 5/96)

P070 116-06-3 Propanal, 2-methyl-2- (methylthio)-, O-[(methyl-

amino)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

P089 56-38-2 Phosphorothioic acid, O,O- diethyl O-(4-nitrophenyl)

(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 1,2Propylenimine

P102 107-19-7 2-Propyn-1-ol

P008 504-24-5 4-Pyridinamine

P075 [FN1]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-, methyl- carbamate (ester),

(3aS-cis)-. (added 5/96)

P114 12039-52-0 Selenious acid, dithallium(1+) salt

P103 630-10-4 Selenourea

P104 506-64-9 Silver cyanide

P104 506-64-9 Silver cyanide Ag(CN)

P105 26628-22-8 Sodium azide

P106 143-33-9 Sodium cyanide

P106 143-33-9 Sodium cyanide Na(CN)

P108 [FN1]57-24-9 Strychnidin-10-one, & salts

P018 357-57-3 Strychnidin-10-one, 2,3- dimethoxy-

P108 [FN1]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 Tl2O3

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 [(H2N)C(S)] 2NH

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. (added 5/96)

P123 8001-35-2 Toxaphene

P118 75-70-7 Trichloromethanethiol

P119 7803-55-6 Vanadic acid, ammonium salt

P120 1314-62-1 Vanadium oxide V2O5

P120 1314-62-1 Vanadium pentoxide

P084 4549-40-0 Vinylamine, N-methyl-N-nitroso-

P001 [FN1]81-81-2 Warfarin, & salts, when present at concentrations

greater than 0.3%

P205 137-30-4 Zinc, bis(dimethylcar- bamodithioato-S,S')-, (added

5/96)

P121 557-21-1 Zinc cyanide

P121 557-21-1 Zinc cyanide Zn(CN)2

P122 1314-84-7 Zinc phosphide Zn3P2, when present at concentrations

greater than 10% (R,T)

P205 137-30-4 Ziram. (added 5/96)

FOOTNOTE: [FN1] CAS Number given for parent compound only.

(f) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in Section 261.5(a) and (g). (revised 5/96)

[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 (revised 12/92; 5/96). 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:

-------------------------------------------------------------------------------

Subpart D Lists of Toxic Hazardous Wastes Section 261.33(f) (amended 11/90;

12/92; 12/93; 5/96; 9/98)

HW #Chemical Substance

abstracts No.

-------------------------------------------------------------------------------

U394 30558-43-1 A2213 (added 5/96)

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 [FN1] 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. (added 5/96)

U278 22781-23-3 Bendiocarb. (added 5/96)

U364 22961-82-6 Bendiocarb phenol. (added 5/96)

U271 17804-35-2 Benomyl. (added 5/96)

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)-

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

U202 [FN1] 81-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts

U278 22781-23-3 1,3Benzodioxol4ol, 2,2dimethyl, methyl carbamate.

(added 5/96)

U364 22961-82-6 1,3Benzodioxol4ol, 2,2dimethyl,

U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-

U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-

U367 1563-38-8 7Benzofuranol, 2,3-dihydro2,2-dimethyl (added

5/96)

U090 94-58-6 1,3-Benzodioxole, 5-propyl-

U064 189-55-9 Benzo[rst]pentaphene

U248 [FN1] 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.

(added 5/96)

U271 17804-35-2 Carbamic acid, [1-[(butylamino)carbonyl]-

1H-benzimidazol-2-yl]-, methyl ester. (added

5/96)

U280 101-27-9 Carbamic acid, (3-chlorophenyl)-,

4-chloro-2-butynyl ester.

U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester.

(added 5/96)

U409 23564-05-8 Carbamic acid, [1,2-phenylenebis

(iminocarbonothioyl)]bis-, dimethyl ester.

(added 5/96)

U238 51-79-6 Carbamic acid, ethyl ester

U178 615-53-2 Carbamic acid, methylnitroso-, ethyl ester

U097 79-44-7 Carbamic chloride, dimethyl-

U114 [FN1] 111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, salts &

esters

U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-,

S-(2,3-dichloro- 2-propenyl) ester

U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-,

S-(2,3,3-trichloro -2-propenyl) ester. (added

5/96)

U387 52888-80-9 Carbamothioic acid, dipropyl-, S-(phenylmethyl)

ester. (added 5/96)

U279 63-25-2 Carbaryl. (added 5/96)

U372 10605-21-7 Carbendazim. (added 5/96)

U367 1563-38-8 Carbofuran phenol. (added 5/96)

U215 6533-73-9 Carbonic acid, dithallium(1+) salt

U033 353-50-4 Carbonic difluoride

U156 79-22-1 Carbonochloridic acid, methyl ester (I,T)

U033 353-50-4 Carbon oxyfluoride (R,T)

U211 56-23-5 Carbon tetrachloride

U034 75-87-6 Chloral

U035 305-03-3 Chlorambucil

U036 57-74-9 Chlordane, alpha & gamma isomers

U026 494-03-1 Chlornaphazin

U037 108-90-7 Chlorobenzene

U038 510-15-6 Chlorobenzilate

U039 59-50-7 p-Chloro-m-cresol

U042 110-75-8 2-Chloroethyl vinyl ether

U044 67-66-3 Chloroform

U046 107-30-2 Chloromethyl methyl ether

U047 91-58-7 beta-Chloronaphthalene

U048 95-57-8 o-Chlorophenol

U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride

U032 13765-19-0 Chromic acid H2CrO4, 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, 6beta)-

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 [FN1] 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. (added 5/96)

U086 1615-80-1 N,N'-Diethylhydrazine

U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate

U088 84-66-2 Diethyl phthalate

U089 56-53-1 Diethylstilbesterol

U090 94-58-6 Dihydrosafrole

U091 119-90-4 3,3'-Dimethoxybenzidine

U092 124-40-3 Dimethylamine (I)

U093 60-11-7 p-Dimethylaminoazobenzene

U094 57-97-6 7,12-Dimethylbenz[a]anthracene

U095 119-93-7 3,3'-Dimethylbenzidine

U096 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide (R)

U097 79-44-7 Dimethylcarbamoyl chloride

U098 57-14-7 1,1-Dimethylhydrazine

U099 540-73-8 1,2-Dimethylhydrazine

U101 105-67-9 2,4-Dimethylphenol

U102 131-11-3 Dimethyl phthalate

U103 77-78-1 Dimethyl sulfate

U105 121-14-2 2,4-Dinitrotoluene

U106 606-20-2 2,6-Dinitrotoluene

U107 117-84-0 Di-n-octyl phthalate

U108 123-91-1 1,4-Dioxane

U109 122-66-7 1,2-Diphenylhydrazine

U110 142-84-7 Dipropylamine (I)

U111 621-64-7 Di-n-propylnitrosamine

U041 106-89-8 Epichlorohydrin

U001 75-07-0 Ethanal (I)

U174 55-18-5 Ethanamine, N-ethyl-N-nitroso-

U404 121-44-8 Ethanamine, N,N-diethyl-(added 5/96)

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]]bis-, dimethyl ester (added 5/96)

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. (added 5/96)

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 [FN1] 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)

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 H2S

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-

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. (added 5/96)

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.

(added 5/96)

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

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 112-42-9 Propham. (added 5/96)

U411 114-26-1 Propoxur. (added 5/96)

U194 107-10-8 n-Propylamine (I,T)

U083 78-87-5 Propylene dichloride

U387 52888-80-9 Prosulfocarb. (added 5/96)

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

U202 [FN1] 81-07-2 Saccharin, & salts

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. (added 5/96)

U153 74-93-1 Thiomethanol (I,T)

U244 137-26-8 Thioperoxydicarbonic diamide [(H2N)C(S)]2S2,

tetramethyl-

U409 23564-05-8 Thiophanate-methyl. (added 5/96)

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. (added 5/96)

U011 61-82-5 1H-1,2,4-Triazol-3-amine

U227 79-00-5 1,1,2-Trichloroethane

U228 79-01-6 Trichloroethylene

U121 75-69-4 Trichloromonofluoromethane

See F027 95-95-4 2,4,5-Trichlorophenol

See F027 88-06-2 2,4,6-Trichlorophenol

U404 121-44-8 Triethylamine.(added 5/96)

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 [FN1] 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 Zn3P2, when present at

concentrations of 10% or less

FN [FN1] CAS Number given for parent compound only.

HISTORY: Amended by State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.35. Deletion of certain hazardous waste codes following equipment cleaning and replacement.

(a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.

(b) Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.

(1) Generators shall do one of the following:

(i) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;

(ii) Prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or

(iii) Document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.

(2) Cleaning Requirements.

(i) Prepare and sign a written equipment cleaning plan that describes:

(A) The equipment to be cleaned;

(B) How the equipment will be cleaned;

(C) The solvent to be used in cleaning;

(D) How solvent rinses will be tested; and

(E) How cleaning residues will be disposed.

(ii) Equipment must be cleaned as follows:

(A) Remove all visible residues from process equipment;

(B) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

(iii) Analytical requirements.

(A) Rinses must be tested in accordance with SW-846, Method 8290.

(B) "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.

(iv) The generator must manage all residues from the cleaning process as F032 waste.

(3) Replacement requirements.

(i) Prepare and sign a written equipment replacement plan that describes:

(A) The equipment to be replaced;

(B) How the equipment will be replaced; and

(C) How the equipment will be disposed.

(ii) The generator must manage the discarded equipment as F032 waste.

(4) Documentation requirements.

(i) Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.

(c) The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:

(1) The name and address of the facility;

(2) Formulations previously used and the date on which their use ceased in each process at the plant;

(3) Formulations currently used in each process at the plant;

(4) The equipment cleaning or replacement plan;

(5) The name and address of any persons who conducted the cleaning 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 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.

HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992.

SUBPART E. EXCLUSIONS/EXEMPTIONS

261.38. Exclusion of comparable fuel and syngas fuel.

Wastes that meet the following comparable/syngas fuel requirements are not solid wastes:

(a) Specifications for excluded fuels.

Wastes that meet the specifications for comparable fuel or syngas fuel under paragraphs (a)(1) or (a)(2) of this section, respectively, and the other requirements of this section, are not solid wastes:.

(1) Comparable fuel specifications.

(i) Physical specifications.

(A) Heating value. The heating value must exceed 5,000 Btu/lbs. (11,500 J/g).

(B) Viscosity. The viscosity must not exceed: 50 cS, as-fired.

(ii) Constituent specifications. For compounds listed in Table 1 to this section, the specification levels and, where non-detect is the specification, minimum required detection limits are: ( see Table 1 of this section).

(2) Synthesis gas fuel specifications.--Synthesis gas fuel (i.e., syngas fuel) that is generated from hazardous waste must:

(i) Have a minimum Btu value of 100 Btu/Scf;

(ii) Contain less than 1 ppmv of total halogen;

(iii) Contain less than 300 ppmv of total nitrogen other than diatomic nitrogen (N2);

(iv) Contain less than 200 ppmv of hydrogen sulfide; and

(v) Contain less than 1 ppmv of each hazardous constituent in the target list of appendix VIII constituents of this part.

(3) Blending to meet the specifications.

(i) Hazardous waste shall not be blended to meet the comparable fuel specification under paragraph (a)(1) of this section, except as provided by paragraph (a)(3)(ii) of this section:

(ii) Blending to meet the viscosity specification. A hazardous waste blended to meet the viscosity specification for comparable fuel shall:

(A) As generated and prior to any blending, manipulation, or processing, meet the constituent and heating value specifications of paragraphs (a)(1)(i)(A) and (a)(1)(ii) of this section;

(B) Be blended at a facility that is subject to the applicable requirements of parts 264, 265 or 262.34 of this chapter; and

(C) Not violate the dilution prohibition of paragraph (a)(6) of this section.

(4) Treatment to meet the comparable fuel specifications. (i) A hazardous waste may be treated to meet the specifications for comparable fuel set forth in paragraph (a)(1) of this section provided the treatment:

(A) Destroys or removes the constituents listed in the specification or raises the heating value by removing or destroying hazardous constituents or materials;

(B) Is performed at a facility that is subject to the applicable requirements of parts 262.34, 264 or 265 of this chapter; and

(C) Does not violate the dilution prohibition of paragraph (a)(6) of this section.

(ii) Residuals resulting from the treatment of a hazardous waste listed in subpart D of this part to generate a comparable fuel remain a hazardous waste.

(5) Generation of a syngas fuel. (i) A syngas fuel can be generated from the processing of hazardous wastes to meet the exclusion specifications of paragraph (a)(2) of this section provided the processing:

(A) Destroys or removes the constituents listed in the specification or raises the heating value by removing or destroying constituents or materials;

(B) Is performed at a facility that is subject to the applicable requirements of parts 262.34, 264, or 265 of this chapter or is an exempt recycling unit pursuant to 261.6(c); and

(C) Does not violate the dilution prohibition of paragraph (a)(6) of this section.

(ii) Residuals resulting from the treatment of a hazardous waste listed in subpart D of this part to generate a syngas fuel remain a hazardous waste.

(6) Dilution prohibition. No generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a hazardous waste to meet the specifications of paragraphs (a)(1)(i)(A) or (a)(1)(ii) of this section for comparable fuel, or paragraph (a)(2) of this section for syngas.

(b) Implementation.

(1) General.

(i) Wastes that meet the specifications provided by paragraph (a) of this section for comparable fuel or syngas fuel are excluded from the definition of solid waste provided that the conditions under this section are met. For purposes of this section, such materials are called excluded fuel; the person claiming and qualifying for the exclusion is called the excluded fuel generator and the person burning the excluded fuel is called the excluded fuel burner.

(ii) The person who generates the excluded fuel must claim the exclusion by complying with the conditions of this section and keeping records necessary to document compliance with those conditions.

(2) Notices.

(i) Notices to State RCRA and CAA Directors in authorized States or regional RCRA and CAA Directors in unauthorized States.

(A) The generator must submit a one-time notice, except as provided by paragraph (b)(2)(i)(C) of this section, to the Regional or State RCRA and CAA Directors, in whose jurisdiction the exclusion is being claimed and where the excluded fuel will be burned, certifying compliance with the conditions of the exclusion and providing the following documentation:

(1) The name, address, and RCRA ID number of the person/facility claiming the exclusion;

(2) The applicable EPA Hazardous Waste Code(s) that would otherwise apply to the excluded fuel;

(3) The name and address of the units meeting the requirements of paragraphs (b)(3) and (c) of this section, that will burn the excluded fuel;

(4) An estimate of the average and maximum monthly and annual quantity of material for which an exclusion would be claimed, except as provided by paragraph (b)(2)(i)(C) of this section; and

(5) The following statement, which shall be signed and submitted by the person claiming the exclusion or his authorized representative:

Under penalty of criminal and civil prosecution for making or submitting false statements, representations, or omissions, I certify that the requirements of 261.38 have been met for all comparable fuels identified in this notification. Copies of the records and information required at 261.38(b)(8) are available at the generator's facility. Based on my inquiry of the individuals immediately responsible for obtaining the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(B) If there is a substantive change in the information provided in the notice required under this paragraph, the generator must submit a revised notification.

(C) Excluded fuel generators must include an estimate of the average and maximum monthly and annual quantity of material for which an exclusion would be claimed only in notices submitted after December 19, 2008 for newly excluded fuel or for revised notices as required by paragraph (b)(2)(i)(B) of this section.

(ii) Public notice. Prior to burning an excluded fuel, the burner must publish in a major newspaper of general circulation local to the site where the fuel will be burned, a notice entitled "Notification of Burning a Fuel Excluded Under the Resource Conservation and Recovery Act" and containing the following information:

(A) Name, address, and RCRA ID number of the generating facilities;

(B) Name and address of the burner and identification of the unit(s) that will burn the excluded fuel;

(C) A brief, general description of the manufacturing, treatment, or other process generating the excluded fuel;

(D) An estimate of the average and maximum monthly and annual quantity of the excluded fuel to be burned; and

(E) Name and mailing address of the Regional or State Directors to whom the generator submitted a claim for the exclusion.

(3) Burning. The exclusion applies only if the fuel is burned in the following units that also shall be subject to federal/state/local air emission requirements, including all applicable requirements implementing section 112 of the Clean Air Act:

(i) Industrial furnaces as defined in 260.10 of this chapter;

(ii) Boilers, as defined in 260.10 of this chapter, that are further defined as follows:

(A) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or

(B) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale;

(iii) Hazardous waste incinerators subject to regulation under subpart O of parts 264 or 265 of this chapter and applicable CAA MACT standards.

(iv) Gas turbines used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.

(4) Fuel analysis plan for generators. The generator of an excluded fuel shall develop and follow a written fuel analysis plan which describes the procedures for sampling and analysis of the material to be excluded. The plan shall be followed and retained at the site of the generator claiming the exclusion.

(i) At a minimum, the plan must specify:

(A) The parameters for which each excluded fuel will be analyzed and the rationale for the selection of those parameters;

(B) The test methods which will be used to test for these parameters;

(C) The sampling method which will be used to obtain a representative sample of the excluded fuel to be analyzed;

(D) The frequency with which the initial analysis of the excluded fuel will be reviewed or repeated to ensure that the analysis is accurate and up to date; and

(E) If process knowledge is used in the determination, any information prepared by the generator in making such determination.

(ii) For each analysis the generator shall document the following:

(A) The dates and times that samples were obtained, and the dates the samples were analyzed;

(B) The names and qualifications of the person(s) who obtained the samples;

(C) A description of the temporal and spatial locations of the samples;

(D) The name and address of the laboratory facility at which analyses of the samples were performed;

(E) A description of the analytical methods used, including any clean-up and sample preparation methods;

(F) All quantitation limits achieved and all other quality control results for the analysis (including method blanks, duplicate analyses, matrix spikes, etc.), laboratory quality assurance data, and the description of any deviations from analytical methods written in the plan or from any other activity written in the plan which occurred;

(G) All laboratory results demonstrating whether the exclusion specifications have been met; and

(H) All laboratory documentation that support the analytical results, unless a contract between the claimant and the laboratory provides for the documentation to be maintained by the laboratory for the period specified in paragraph (b)(9) of this section and also provides for the availability of the documentation to the claimant upon request.

(iii) Syngas fuel generators shall submit for approval, prior to performing sampling, analysis, or any management of an excluded syngas fuel a fuel analysis plan containing the elements of paragraph (b)(4)(i) of this section to the appropriate regulatory authority. The approval of fuel analysis plans must be stated in writing and received by the facility prior to sampling and analysis to demonstrate the exclusion of a syngas. The approval of the fuel analysis plan may contain such provisions and conditions as the regulatory authority deems appropriate.

(5) Excluded fuel sampling and analysis.

(i) General. For wastes for which an exclusion is claimed under the specifications provided by paragraphs (a)(1) or (a)(2) of this section, the generator of the waste must test for all the constituents in appendix VIII to this part, except those that the generator determines, based on testing or knowledge, should not be present in the fuel. The generator is required to document the basis of each determination that a constituent with an applicable specification should not be present. The generator may not determine that any of the following categories of constituents with a specification in Table 1 to this section should not be present:

(A) A constituent that triggered the toxicity characteristic for the constituents that were the basis for listing the hazardous secondary material as a hazardous waste, or constituents for which there is a treatment standard for the waste code in 268.40;

(B) A constituent detected in previous analysis of the waste;

(C) Constituents introduced into the process that generates the waste; or

(D) Constituents that are byproducts or side reactions to the process that generates the waste.

Note to paragraph (b)(5): Any claim under this section must be valid and accurate for all hazardous constituents; a determination not to test for a hazardous constituent will not shield a generator from liability should that constituent later be found in the excluded fuel above the exclusion specifications.

(ii) Use of process knowledge. For each waste for which the comparable fuel or syngas exclusion is claimed where the generator of the excluded fuel is not the original generator of the hazardous waste, the generator of the excluded fuel may not use process knowledge pursuant to paragraph (b)(5)(i) of this section and must test to determine that all of the constituent specifications of paragraphs (a)(1) and (a)(2) of this section, as applicable, have been met.

(iii) The excluded fuel generator may use any reliable analytical method to demonstrate that no constituent of concern is present at concentrations above the specification levels. It is the responsibility of the generator to ensure that the sampling and analysis are unbiased, precise, and representative of the excluded fuel. For the fuel to be eligible for exclusion, a generator must demonstrate that:

(A) The 95% upper confidence limit of the mean concentration for each constituent of concern is not above the specification level; and

(B) The analyses could have detected the presence of the constituent at or below the specification level.

(iv) Nothing in this paragraph preempts, overrides or otherwise negates the provision in 262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste.

(v) In an enforcement action, the burden of proof to establish conformance with the exclusion specification shall be on the generator claiming the exclusion.

(vi) The generator must conduct sampling and analysis in accordance with the fuel analysis plan developed under paragraph (b)(4) of this section.

(vii) Viscosity condition for comparable fuel.

(A) Excluded comparable fuel that has not been blended to meet the kinematic viscosity specification shall be analyzed as generated.

(B) If hazardous waste is blended to meet the kinematic viscosity specification for comparable fuel, the generator shall:

(1) Analyze the hazardous waste as generated to ensure that it meets the constituent and heating value specifications of paragraph (a)(1) of this section; and

(2) After blending, analyze the fuel again to ensure that the blended fuel meets all comparable fuel specifications.

(viii) Excluded fuel must be re-tested, at a minimum, annually and must be retested after a process change that could change its chemical or physical properties in a manner than may affect conformance with the specifications.

(6) [Reserved]

(7) Speculative accumulation. Excluded fuel must not be accumulated speculatively, as defined in 261.1(c)(8).

(8) Operating record. The generator must maintain an operating record on site containing the following information:

(i) All information required to be submitted to the implementing authority as part of the notification of the claim:

(A) The owner/operator name, address, and RCRA ID number of the person claiming the exclusion;

(B) For each excluded fuel, the EPA Hazardous Waste Codes that would be applicable if the material were discarded; and

(C) The certification signed by the person claiming the exclusion or his authorized representative.

(ii) A brief description of the process that generated the excluded fuel. If the comparable fuel generator is not the generator of the original hazardous waste, provide a brief description of the process that generated the hazardous waste;

(iii) The monthly and annual quantities of each fuel claimed to be excluded;

(iv) Documentation for any claim that a constituent is not present in the excluded fuel as required under paragraph (b)(5)(i) of this section;

(v) The results of all analyses and all detection limits achieved as required under paragraph (b)(4) of this section;

(vi) If the comparable fuel was generated through treatment or blending, documentation of compliance with the applicable provisions of paragraphs (a)(3) and (a)(4) of this section;

(vii) If the excluded fuel is to be shipped off-site, a certification from the burner as required under paragraph (b)(10) of this section;

(viii) The fuel analysis plan and documentation of all sampling and analysis results as required by paragraph (b)(4) of this section.

(ix) If the generator ships excluded fuel off-site for burning, the generator must retain for each shipment the following information on-site:

(A) The name and address of the facility receiving the excluded fuel for burning;

(B) The quantity of excluded fuel shipped and delivered;

(C) The date of shipment or delivery;

(D) A cross-reference to the record of excluded fuel analysis or other information used to make the determination that the excluded fuel meets the specifications as required under paragraph (b)(4) of this section; and

(E) A one-time certification by the burner as required under paragraph (b)(10) of this section.

(9) Records retention. Records must be maintained for a period of three years.

(10) Burner certification to the generator. Prior to submitting a notification to the State and Regional Directors, a generator of excluded fuel who intends to ship the excluded fuel off-site for burning must obtain a one-time written, signed statement from the burner:

(i) Certifying that the excluded fuel will only be burned in an industrial furnace, industrial boiler, utility boiler, or hazardous waste incinerator, as required under paragraph (b)(3) of this section;

(ii) Identifying the name and address of the facility that will burn the excluded fuel; and

(iii) Certifying that the State in which the burner is located is authorized to exclude wastes as excluded fuel under the provisions of this section.

(11) Ineligible waste codes. Wastes that are listed as hazardous waste because of the presence of dioxins or furans, as set out in appendix VII of this part, are not eligible for these exclusions, and any fuel produced from or otherwise containing these wastes remains a hazardous waste subject to the full RCRA hazardous waste management requirements.

(12) Regulatory status of boiler residues. Burning excluded fuel that was otherwise a hazardous waste listed under 261.31 through 261.33 does not subject boiler residues, including bottom ash and emission control residues, to regulation as derived-from hazardous wastes.

(13) Residues in containers and tank systems upon cessation of operations.

(i) Liquid and accumulated solid residues that remain in a container or tank system for more than 90 days after the container or tank system ceases to be operated for storage or transport of excluded fuel product are subject to regulation under parts 262 through 265, 268, 270, 271, and 124 of this chapter.

(ii) Liquid and accumulated solid residues that are removed from a container or tank system after the container or tank system ceases to be operated for storage or transport of excluded fuel product are solid wastes subject to regulation as hazardous waste if the waste exhibits a characteristic of hazardous waste under 261.21 through 261.24 or if the fuel were otherwise a hazardous waste listed under 261.31 through 261.33 when the exclusion was claimed.

(iii) Liquid and accumulated solid residues that are removed from a container or tank system and which do not meet the specifications for exclusion under paragraphs (a)(1) or (a)(2) of this section are solid wastes subject to regulation as hazardous waste if:

(A) The waste exhibits a characteristic of hazardous waste under 261.21 through 261.24; or

(B) The fuel were otherwise a hazardous waste listed under 261.31 through 261.33. The hazardous waste code for the listed waste applies to these liquid and accumulated solid residues.

(14) Waiver of RCRA Closure Requirements. Interim status and permitted storage and combustion units, and generator storage units exempt from the permit requirements under 262.34 of this chapter, are not subject to the closure requirements of Parts 264 and 265 provided that the storage and combustion unit has been used to manage only hazardous waste that is subsequently excluded under the conditions of this section, and that afterward will be used only to manage fuel excluded under this section.

(15) Spills and leaks.

(i) Excluded fuel that is spilled or leaked and that therefore no longer meets the conditions of the exclusion is discarded and must be managed as a hazardous waste if it exhibits a characteristic of hazardous waste under 261.21 through 261.24 or if the fuel were otherwise a hazardous waste listed in 261.31 through 261.33.

(ii) For excluded fuel that would have otherwise been a hazardous waste listed in 261.31 through 261.33 and which is spilled or leaked, the hazardous waste code for the listed waste applies to the spilled or leaked material.

(16) Nothing in this section preempts, overrides, or otherwise negates the provisions in CERCLA Section 103, which establish reporting obligations for releases of hazardous substances, or the Department of Transportation requirements for hazardous materials in 49 CFR parts 171 through 180.

(c) Failure to comply with the conditions of the exclusion. An excluded fuel loses its exclusion if any person managing the fuel fails to comply with the conditions of the exclusion under this section, and the material must be managed as hazardous waste from the point of generation. In such situations, EPA or an authorized State agency may take enforcement action under RCRA section 3008(a).

[Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.]

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WIDETABLE

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Table 1 to 261.38.--Detection and Detection Limit Values for Comparable Fuel

Specification

-------------------------------------------------------------------------------------

Chemical name CAS #Concentration Minimum

limit (mg/kg required

at 10,000 detection

BTU/lb) limit

(mg/kg)

-------------------------------------------------------------------------------------

Total Nitrogen as N NA 4900

-------------------------------------------------------------------------------------

Total Halogens as Cl NA 540

-------------------------------------------------------------------------------------

Total Organic Halogens as Cl NA (a)

-------------------------------------------------------------------------------------

Polychlorinated biphenyls, total [Aroclors, 1336-- ND 1.4

total] 36-3

-------------------------------------------------------------------------------------

Cyanide, total 57-12- ND 1.0

-5

-------------------------------------------------------------------------------------

Metals:

-------------------------------------------------------------------------------------

Antimony, total 7440-- 12

36-0

-------------------------------------------------------------------------------------

Arsenic, total 7440-- 0.23

38-2

-------------------------------------------------------------------------------------

Barium, total 7440-- 23

39-3

-------------------------------------------------------------------------------------

Beryllium, total 7440-- 1.2

41-7

-------------------------------------------------------------------------------------

Cadmium, total 7440-- 1.2

43-9

-------------------------------------------------------------------------------------

Chromium, total 7440-- 2.3

47-3

-------------------------------------------------------------------------------------

Cobalt 7440-- 4.6

48-4

-------------------------------------------------------------------------------------

Lead, total 7439-- 31

92-1

-------------------------------------------------------------------------------------

Manganese 7439-- 1.2

96-5

-------------------------------------------------------------------------------------

Mercury, total 7439-- 0.25

97-6

-------------------------------------------------------------------------------------

Nickel, total 7440-- 58

02-0

-------------------------------------------------------------------------------------

Selenium, total 7782-- 0.23

49-2

-------------------------------------------------------------------------------------

Silver, total 7440-- 2.3

22-4

-------------------------------------------------------------------------------------

Thallium, total 7440-- 23

28-0

-------------------------------------------------------------------------------------

Hydrocarbons:

-------------------------------------------------------------------------------------

Benzo[a]anthracene 56-55- 2400

-3

-------------------------------------------------------------------------------------

Benzene 71-43- 4100

-2

-------------------------------------------------------------------------------------

Benzo[b]fluoranthene 205-9- 2400

9-2

-------------------------------------------------------------------------------------

Benzo[k]fluoranthene 207-0- 2400

8-9

-------------------------------------------------------------------------------------

Benzo[a]pyrene 50-32- 2400

-8

-------------------------------------------------------------------------------------

Chrysene 218-0- 2400

1-9

-------------------------------------------------------------------------------------

Dibenzo[a,h]anthracene 52-70- 2400

-3

-------------------------------------------------------------------------------------

7,12-Dimethylbenz[a]anthracene 57-97- 2400

-6

-------------------------------------------------------------------------------------

Fluoranthene 206-4- 2400

4-0

-------------------------------------------------------------------------------------

Indeno(1,2,3-cd)pyrene 193-3- 2400

9-5

-------------------------------------------------------------------------------------

3-Methylcholanthrene 56-49- 2400

-5

-------------------------------------------------------------------------------------

Naphthalene 91-20- 3200

-3

-------------------------------------------------------------------------------------

Toluene 108-8- 36000

8-3

-------------------------------------------------------------------------------------

Oxygenates:

-------------------------------------------------------------------------------------

Acetophenone 98-86- 2400

-1

-------------------------------------------------------------------------------------

Acrolein 107-0- 39

2-8

-------------------------------------------------------------------------------------

Allyl alcohol 107-1- 30

8-6

-------------------------------------------------------------------------------------

Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl 117-8- 2400

phthalate] 1-7

-------------------------------------------------------------------------------------

Butyl benzyl phthalate 85-68- 2400

-7

-------------------------------------------------------------------------------------

o-Cresol [2-Methyl phenol] 95-48- 2400

-7

-------------------------------------------------------------------------------------

m-Cresol [3-Methyl phenol] 108-3- 2400

9-4

-------------------------------------------------------------------------------------

p-Cresol [4-Methyl phenol] 106-4- 2400

4-5

-------------------------------------------------------------------------------------

Di-n-butyl phthalate 84-74- 2400

-2

-------------------------------------------------------------------------------------

Diethyl phthalate 84-66- 2400

-2

-------------------------------------------------------------------------------------

2,4-Dimethylphenol 105-6- 2400

7-9

-------------------------------------------------------------------------------------

Dimethyl phthalate 131-1- 2400

1-3

-------------------------------------------------------------------------------------

Di-n-octyl phthalate 117-8- 2400

4-0

-------------------------------------------------------------------------------------

Endothall 145-7- 100

3-3

-------------------------------------------------------------------------------------

Ethyl methacrylate 97-63- 39

-2

-------------------------------------------------------------------------------------

2-Ethoxyethanol [Ethylene glycol monoethyl 110-8- 100

ether] 0-5

-------------------------------------------------------------------------------------

Isobutyl alcohol 78-83- 39

-1

-------------------------------------------------------------------------------------

Isosafrole 120-5- 2400

8-1

-------------------------------------------------------------------------------------

Methyl ethyl ketone [2-Butanone] 78-93- 39

-3

-------------------------------------------------------------------------------------

Methyl methacrylate 80-62- 39

-6

-------------------------------------------------------------------------------------

1,4-Naphthoquinone 130-1- 2400

5-4

-------------------------------------------------------------------------------------

Phenol 108-9- 2400

5-2

-------------------------------------------------------------------------------------

Propargyl alcohol [2-Propyn-1-ol] 107-1- 30

9-7

-------------------------------------------------------------------------------------

Safrole 94-59- 2400

-7

-------------------------------------------------------------------------------------

Sulfonated Organics:

-------------------------------------------------------------------------------------

Carbon disulfide 75-15- ND 39

-0

-------------------------------------------------------------------------------------

Disulfoton 298-0- ND 2400

4-4

-------------------------------------------------------------------------------------

Ethyl methanesulfonate 62-50- ND 2400

-0

-------------------------------------------------------------------------------------

Methyl methanesulfonate 66-27- ND 2400

-3

-------------------------------------------------------------------------------------

Phorate 298-0- ND 2400

2-2

-------------------------------------------------------------------------------------

1,3-Propane sultone 1120-- ND 100

71-4

-------------------------------------------------------------------------------------

Tetraethyldithiopyrophosphate [Sulfotepp] 3689-- ND 2400

24-5

-------------------------------------------------------------------------------------

Thiophenol [Benzenethiol] 108-9- ND 30

8-5

-------------------------------------------------------------------------------------

O,O,O-Triethyl phosphorothioate 126-6- ND 2400

8-1

-------------------------------------------------------------------------------------

Nitrogenated Organics:

-------------------------------------------------------------------------------------

Acetonitrile [Methyl cyanide] 75-05- ND 39

-8

-------------------------------------------------------------------------------------

2-Acetylaminofluorene [2-AAF] 53-96- ND 2400

-3

-------------------------------------------------------------------------------------

Acrylonitrile 107-1- ND 39

3-1

-------------------------------------------------------------------------------------

4-Aminobiphenyl 92-67- ND 2400

-1

-------------------------------------------------------------------------------------

4-Aminopyridine 504-2- ND 100

4-5

-------------------------------------------------------------------------------------

Aniline 62-53- ND 2400

-3

-------------------------------------------------------------------------------------

Benzidine 92-87- ND 2400

-5

-------------------------------------------------------------------------------------

Dibenz[a, j]acridine 224-4- ND 2400

2-0

-------------------------------------------------------------------------------------

O,O-Diethyl O-pyrazinyl phosphorothioate 297-9- ND 2400

[Thionazin] 7-2

-------------------------------------------------------------------------------------

Dimethoate 60-51- ND 2400

-5

-------------------------------------------------------------------------------------

p-(Dimethylamino) azobenzene 60-11- ND 2400

[4-Dimethylaminoazobenzene] -7

-------------------------------------------------------------------------------------

3,3 [prime]-Dimethylbenzidine 119-9- ND 2400

3-7

-------------------------------------------------------------------------------------

a,a-Dimethylphenethylamine 122-0- ND 2400

9-8

-------------------------------------------------------------------------------------

3,3 [prime]-Dimethyloxybenzidine 119-9- ND 100

0-4

-------------------------------------------------------------------------------------

1,3-Dinitrobenzene [m-Dinitrobenzene] 99-65- ND 2400

-0

-------------------------------------------------------------------------------------

4,6-Dinitro-o-cresol 534-5- ND 2400

2-1

-------------------------------------------------------------------------------------

2,4-Dinitrophenol 51-28- ND 2400

-5

-------------------------------------------------------------------------------------

2,4-Dinitrotoluene 121-1- ND 2400

4-2

-------------------------------------------------------------------------------------

2,6-Dinitrotoluene 606-2- ND 2400

0-2

-------------------------------------------------------------------------------------

Dinoseb [2-sec-Butyl-4,6-dinitrophenol] 88-85- ND 2400

-7

-------------------------------------------------------------------------------------

Diphenylamine 122-3- ND 2400

9-4

-------------------------------------------------------------------------------------

Ethyl carbamate [Urethane] 51-79- ND 100

-6

-------------------------------------------------------------------------------------

Ethylenethiourea (2-Imidazolidinethione) 96-45- ND 110

-7

-------------------------------------------------------------------------------------

Famphur 52-85- ND 2400

-7

-------------------------------------------------------------------------------------

Methacrylonitrile 126-9- ND 39

8-7

-------------------------------------------------------------------------------------

Methapyrilene 91-80- ND 2400

-5

-------------------------------------------------------------------------------------

Methomyl 16752- ND 57

-77-

-5

-------------------------------------------------------------------------------------

2-Methyllactonitrile, [Acetone 75-86- ND 100

cyanohydrins] -5

-------------------------------------------------------------------------------------

Methyl parathion 298-0- ND 2400

0-0

-------------------------------------------------------------------------------------

MNNG (N-Methyl-N-nitroso- 70-25- ND 110

N[prime]-nitroguanidine) -7

-------------------------------------------------------------------------------------

1-Naphthylamine, [.+-Naphthylamine] 134-3- ND 2400

2-7

-------------------------------------------------------------------------------------

2-Naphthylamine, [.^-Naphthylamine] 91-59- ND 2400

-8

-------------------------------------------------------------------------------------

Nicotine 54-11- ND 100

-5

-------------------------------------------------------------------------------------

4-Nitroaniline [p-Nitroaniline] 100-0- ND 2400

1-6

-------------------------------------------------------------------------------------

Nitrobenzene 98-96- ND 2400

-3

-------------------------------------------------------------------------------------

p-Nitrophenol, [p-Nitrophenol] 100-0- ND 2400

2-7

-------------------------------------------------------------------------------------

5-Nitro-o-toluidine 99-55- ND 2400

-8

-------------------------------------------------------------------------------------

N-Nitrosodi-n-butylamine 924-1- ND 2400

6-3

-------------------------------------------------------------------------------------

N-Nitrosodiethylamine 55-18- ND 2400

-5

-------------------------------------------------------------------------------------

N-Nitrosodiphenylamine, 86-30- ND 2400

[Diphenylnitrosamine] -6

-------------------------------------------------------------------------------------

N-Nitroso-N-methylethylamine 10595- ND 2400

-95-

-6

-------------------------------------------------------------------------------------

N-Nitrosomorpholine 59-89- ND 2400

-2

-------------------------------------------------------------------------------------

N-Nitrosopiperidine 100-7- ND 2400

5-4

-------------------------------------------------------------------------------------

N-Nitrosopyrrolidine 930-5- ND 2400

5-2

-------------------------------------------------------------------------------------

2-Nitropropane 79-46- ND 2400

-9

-------------------------------------------------------------------------------------

Parathion 56-38- ND 2400

-2

-------------------------------------------------------------------------------------

Phenacetin 62-44- ND 2400

-2

-------------------------------------------------------------------------------------

1,4-Phenylene diamine, [p-Phenylenediamine] 106-5- ND 2400

0-3

-------------------------------------------------------------------------------------

N-Phenylthiourea 103-8- ND 57

5-5

-------------------------------------------------------------------------------------

2-Picoline [alpha-Picoline] 109-0- ND 2400

6-8

-------------------------------------------------------------------------------------

Propylthioracil, [6-Propyl-2-thiouracil] 51-52- ND 100

-5

-------------------------------------------------------------------------------------

Pyridine 110-8- ND 2400

6-1

-------------------------------------------------------------------------------------

Strychnine 57-24- ND 100

-9

-------------------------------------------------------------------------------------

Thioacetamide 62-55- ND 57

-5

-------------------------------------------------------------------------------------

Thiofanox 39196- ND 100

-18-

-4

-------------------------------------------------------------------------------------

Thiourea 62-56- ND 57

-6

-------------------------------------------------------------------------------------

Toluene-2,4-diamine [2,4-Diaminotoluene] 95-80- ND 57

-7

-------------------------------------------------------------------------------------

Toluene-2,6-diamine [2,6-Diaminotoluene] 823-4- ND 57

0-5

-------------------------------------------------------------------------------------

o-Toluidine 95-53- ND 2400

-4

-------------------------------------------------------------------------------------

p-Toluidine 106-4- ND 100

9-0

-------------------------------------------------------------------------------------

1,3,5-Trinitrobenzene, 99-35- ND 2400

[sym-Trinitrobenzene] -4

-------------------------------------------------------------------------------------

Halogenated Organics:

-------------------------------------------------------------------------------------

Allyl chloride 107-0- ND 39

5-1

-------------------------------------------------------------------------------------

Aramite 140-5- ND 2400

7-8

-------------------------------------------------------------------------------------

Benzal chloride [Dichloromethyl benzene] 98-87- ND 100

-3

-------------------------------------------------------------------------------------

Benzyl chloride 100-4- ND 100

4-77

-------------------------------------------------------------------------------------

bis(2-Chloroethyl)ether [Dichloroethyl 111-4- ND 2400

ether] 4-4

-------------------------------------------------------------------------------------

Bromoform [Tribromomethane] 75-25- ND 39

-2

-------------------------------------------------------------------------------------

Bromomethane [Methyl bromide] 74-83- ND 39

-9

-------------------------------------------------------------------------------------

4-Bromophenyl phenyl ether [p-Bromo 101-5- ND 2400

diphenyl ether] 5-3

-------------------------------------------------------------------------------------

Carbon tetrachloride 56-23- ND 39

-5

-------------------------------------------------------------------------------------

Chlordane 57-74- ND 14

-9

-------------------------------------------------------------------------------------

p-Chloroaniline 106-4- ND 2400

7-8

-------------------------------------------------------------------------------------

Chlorobenzene 108-9- ND 39

0-7

-------------------------------------------------------------------------------------

Chlorobenzilate 510-1- ND 2400

5-6

-------------------------------------------------------------------------------------

p-Chloro-m-cresol 59-50- ND 2400

-7

-------------------------------------------------------------------------------------

2-Chloroethyl vinyl ether 110-7- ND 39

5-8

-------------------------------------------------------------------------------------

Chloroform 67-66- ND 39

-3

-------------------------------------------------------------------------------------

Chloromethane [Methyl chloride] 74-87- ND 39

-3

-------------------------------------------------------------------------------------

2-Chloronaphthalene 91-58- ND 2400

[beta-Chloronaphthalene] -7

-------------------------------------------------------------------------------------

2-Chlorophenol [o-Chlorophenol] 95-57- ND 2400

-8

-------------------------------------------------------------------------------------

Chloroprene [2-Chloro-1,3-butadiene] 1126-- ND 39

99-8

-------------------------------------------------------------------------------------

2,4-D [2,4-Dichlorophenoxyacetic acid] 94-75- ND 7.0

-7

-------------------------------------------------------------------------------------

Diallate 2303-- ND 3400

16-4

-------------------------------------------------------------------------------------

1,2-Dibromo-3-chloropropane 96-12- ND 39

-8

-------------------------------------------------------------------------------------

1,2-Dichlorobenzene [o-Dichlorobenzene] 95-50- ND 2400

-1

-------------------------------------------------------------------------------------

1,3-Dichlorobenzene [m-Dichlorobenzene] 541-7- ND 2400

3-1

-------------------------------------------------------------------------------------

1,4-Dichlorobenzene [p-Dichlorobenzene] 106-4- ND 2400

6-7

-------------------------------------------------------------------------------------

3,3[prime]-Dichlorobenzidine 91-94- ND 2400

-1

-------------------------------------------------------------------------------------

Dichlorodifluoromethane [CFC-12] 75-71- ND 39

-8

-------------------------------------------------------------------------------------

1,2-Dichloroethane [Ethylene dichloride] 107-0- ND 39

6-2

-------------------------------------------------------------------------------------

1,1-Dichloroethylene [Vinylidene chloride] 75-35- ND 39

-4

-------------------------------------------------------------------------------------

Dichloromethoxy ethane 111-9- ND 2400

[Bis(2-chloroethoxy)methane] 1-1

-------------------------------------------------------------------------------------

2,4-Dichlorophenol 120-8- ND 2400

3-2

-------------------------------------------------------------------------------------

2,6-Dichlorophenol 87-65- ND 2400

-0

-------------------------------------------------------------------------------------

1,2-Dichloropropane [Propylene dichloride] 78-87- ND 39

-5

-------------------------------------------------------------------------------------

cis-1,3-Dichloropropylene 10061- ND 39

-01-

-5

-------------------------------------------------------------------------------------

trans-1,3-Dichloropropylene 10061- ND 39

-02-

-6

-------------------------------------------------------------------------------------

1,3-Dichloro-2-propanol 96-23- ND 30

-1

-------------------------------------------------------------------------------------

Endosulfan I 959-9- ND 1.4

8-8

-------------------------------------------------------------------------------------

Endosulfan II 33213- ND 1.4

-65-

-9

-------------------------------------------------------------------------------------

Endrin 72-20- ND 1.4

-8

-------------------------------------------------------------------------------------

Endrin aldehyde 7421-- ND 1.4

93-4

-------------------------------------------------------------------------------------

Endrin Ketone 53494- ND 1.4

-70-

-5

-------------------------------------------------------------------------------------

Epichlorohydrin [1-Chloro-2,3-epoxy 106-8- ND 30

propane] 9-8

-------------------------------------------------------------------------------------

Ethylidene dichloride [1,1-Dichloroethane] 75-34- ND 39

-3

-------------------------------------------------------------------------------------

2-Fluoroacetamide 640-1- ND 100

9-7

-------------------------------------------------------------------------------------

Heptachlor 76-44- ND 1.4

-8

-------------------------------------------------------------------------------------

Heptachlor epoxide 1024-- ND 2.8

57-3

-------------------------------------------------------------------------------------

Hexachlorobenzene 118-7- ND 2400

4-1

-------------------------------------------------------------------------------------

Hexachloro-1,3-butadiene 87-68- ND 2400

[Hexachlorobutadiene] -3

-------------------------------------------------------------------------------------

Hexachlorocyclopentadiene 77-47- ND 2400

-4

-------------------------------------------------------------------------------------

Hexachloroethane 67-72- ND 2400

-1

-------------------------------------------------------------------------------------

Hexachlorophene 70-30- ND 59000

-4

-------------------------------------------------------------------------------------

Hexachloropropene [Hexachloropropylene] 1888-- ND 2400

71-7

-------------------------------------------------------------------------------------

Isodrin 465-7- ND 2400

3-6

-------------------------------------------------------------------------------------

Kepone [Chlordecone] 143-5- ND 4700

0-0

-------------------------------------------------------------------------------------

Lindane [gamma-BHC] 58-89- ND 1.4

[gamma-Hexachlorocyclohexane] -9

-------------------------------------------------------------------------------------

Methylene chloride [Dichloromethane] 75-09- ND 39

-2

-------------------------------------------------------------------------------------

4,4[prime]-Methylene-bis(2-chloroaniline) 101-1- ND 100

4-4

-------------------------------------------------------------------------------------

Methyl iodide [Iodomethane] 74-88- ND 39

-4

-------------------------------------------------------------------------------------

Pentachlorobenzene 608-9- ND 2400

3-5

-------------------------------------------------------------------------------------

Pentachloroethane 76-01- ND 39

-7

-------------------------------------------------------------------------------------

Pentachloronitrobenzene [PCNB] 82-68- ND 2400

[Quintobenzene] [Quintozene] -8

-------------------------------------------------------------------------------------

Pentachlorophenol 87-88- ND 2400

-5

-------------------------------------------------------------------------------------

Pronamide 23950- ND 2400

-58-

-5

-------------------------------------------------------------------------------------

Silvex [2,4,5-Trichlorophenoxypropionic 93-72- ND 7.0

acid] -1

-------------------------------------------------------------------------------------

2,3,7,8-Tetrachlorodibenzo-p-dioxin 1746-- ND 30

[2,3,7,8-TCDD] 01-6

-------------------------------------------------------------------------------------

1,2,4,5-Tetrachlorobenzene 95-94- ND 2400

-3

-------------------------------------------------------------------------------------

1,1,2,2-Tetrachloroethane 79-35- ND 39

-4

-------------------------------------------------------------------------------------

Tetrachloroethylene [Perchloroethylene] 127-1- ND 39

8-4

-------------------------------------------------------------------------------------

2,3,4,6-Tetrachlorophenol 58-90- ND 2400

-2

-------------------------------------------------------------------------------------

1,2,4-Trichlorobenzene 120-8- ND 2400

2-1

-------------------------------------------------------------------------------------

1,1,1-Trichloroethane [Methyl chloroform] 71-56- ND 39

-6

-------------------------------------------------------------------------------------

1,1,2-Trichloroethane [Vinyl trichloride] 79-00- ND 39

-5

-------------------------------------------------------------------------------------

Trichloroethylene 79-01- ND 39

-6

-------------------------------------------------------------------------------------

Trichlorofluoromethane 75-69- ND 39

[Trichlormonofluoromethane] -4

-------------------------------------------------------------------------------------

2,4,5-Trichlorophenol 95-95- ND 2400

-4

-------------------------------------------------------------------------------------

2,4,6-Trichlorophenol 88-06- ND 2400

-2

-------------------------------------------------------------------------------------

1,2,3-Trichloropropane 96-18- ND 39

-4

-------------------------------------------------------------------------------------

Vinyl Chloride 75-01- ND 39

-4

-------------------------------------------------------------------------------------

Notes:

NA - Not Applicable. ND - Nondetect.

(a) 25 or individual halogenated organics listed below.



HISTORY: Added by State Register Volume 23, Issue No. 11, eff November 26, 1999; Amended by State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 26, Issue No. 6, Part 1, June 28, 2002; State Register Volume 36, Issue No. 9, eff September 28, 2012.

261.39. Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.

Used, broken CRTs are not solid wastes if they meet the following conditions:

(a) Prior to processing: These materials are not solid wastes if they are destined for recycling and if they meet the following requirements:

(1) Storage. The broken CRTs must be either:

(i) Stored in a building with a roof, floor, and walls, or

(ii) Placed in a container (i.e., a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of CRT glass (including fine solid materials).

(2) Labeling. Each container in which the used, broken CRT is contained must be labeled or marked clearly with one of the following phrases: "Used Cathode Ray Tube(s)-contains leaded glass" or "Leaded glass from televisions or computers." It must also be labeled: "Do not mix with other glass materials."

(3) Transportation. The used, broken CRTs must be transported in a container meeting the requirements of paragraphs (a)(1)(ii) and (2) of this section.

(4) Speculative accumulation and use constituting disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in paragraph (c)(8) of this section. If they are used in a manner constituting disposal, they must comply with the applicable requirements of part 266, subpart C instead of the requirements of this section.

(5) Exports. In addition to the applicable conditions specified in paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs must comply with the following requirements:

(i) Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a twelve (12) month or lesser period. The notification must be in writing, signed by the exporter, and include the following information:

(A) Name, mailing address, telephone number and EPA ID number (if applicable) of the exporter of the CRTs.

(B) The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported.

(C) The estimated total quantity of CRTs specified in kilograms.

(D) All points of entry to and departure from each foreign country through which the CRTs will pass.

(E) A description of the means by which each shipment of the CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).

(F) The name and address of the recycler and any alternate recycler.

(G) A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs.

(H) The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there.

(ii) Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., NW., Washington, DC. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."

(iii) Upon request by EPA, the exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.

(iv) EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of paragraph (a)(5)(i) of this section. Where a claim of confidentiality is asserted with respect to any notification information required by paragraph (a)(5)(i) of this section, EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.

(v) The export of CRTs is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an Acknowledgment of Consent to Export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries.

(vi) When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change, except for changes to the telephone number in paragraph (a)(5)(i)(A) of this section and decreases in the quantity indicated pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot take place until consent of the receiving country to the changes has been obtained (except for changes to information about points of entry and departure and transit countries pursuant to paragraphs (a)(5)(i)(D) and (a)(5)(i)(H) of this section) and the exporter of CRTs receives from EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting the receiving country's consent to the changes.

(vii) A copy of the Acknowledgment of Consent to Export CRTs must accompany the shipment of CRTs. The shipment must conform to the terms of the Acknowledgment.

(viii) If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs must renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with paragraph (a)(5)(vi) of this section and obtain another Acknowledgment of Consent to Export CRTs.

(ix) Exporters must keep copies of notifications and Acknowledgments of Consent to Export CRTs for a period of three years following receipt of the Acknowledgment.

(b) Requirements for used CRT processing: Used, broken CRTs undergoing CRT processing as defined in Sec. 260.10 of this chapter are not solid wastes if they meet the following requirements:

(1) Storage. Used, broken CRTs undergoing processing are subject to the requirement of paragraph (a)(4) of this section.

(2) Processing.

(i) All activities specified in paragraphs (2) and (3) of the definition of "CRT processing" in Sec. 260.10 of this chapter must be performed within a building with a roof, floor, and walls; and

(ii) No activities may be performed that use temperatures high enough to volatilize lead from CRTs.

(c) Processed CRT glass sent to CRT glass making or lead smelting: Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in Sec. 261.1(c)(8).

(d) Use constituting disposal: Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of 40 CFR part 266, subpart C instead of the requirements of this section.

HISTORY: Added by State Register Volume 33, Issue No. 6, eff June 26, 2009.

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).

HISTORY: Added by State Register Volume 33, Issue No. 6, eff June 26, 2009.

261.41. Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse.

(a) Persons who export used, intact CRTs for reuse must send a one-time notification to the Regional Administrator. The notification must include a statement that the notifier plans to export used, intact CRTs for reuse, the notifier's name, address, and EPA ID number (if applicable) and the name and phone number of a contact person.

(b) Persons who export used, intact CRTs for reuse must keep copies of normal business records, such as contracts, demonstrating that each shipment of exported CRTs will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported.

HISTORY: Added by State Register Volume 33, Issue No. 6, eff June 26, 2009.

APPENDICES

Appendix I. 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 D1452-65

Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are available from ASTM, 1916 Race Street, Philadelphia, P.A. 19103]

Containerized liquid wastes - "COLIWASA" described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," [FN1A] U.S. Environmental Protection Agency Publication SW-846.

Liquid waste in pits, ponds, lagoons, and similar reservoirs. "Pond Sampler" described in "Test Methods for the Evaluating Solid Waste, Physical/Chemical Methods." [FN1A]

This manual also contains additional information on application of these protocols.

[FN1A] These methods are also described in Samplers and Sampling Procedures for Hazardous Waste Streams, EPA 600/2-80-018, January 1980. The Department will consider other methodologies for testing from other sources (such as) i.e., Standard Methods, other Federal Regulations, as long as the proper QA/QC is provided.

Appendix II. Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

Appendix III. CHEMICAL ANALYSIS TEST METHODS

Note: Appropriate analytical procedures to determine whether a sample contains a given toxic constituent are specified in Chapter Two, "Choosing the Correct Procedure" found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 260.11. Prior to final sampling and analysis method selection, the individual should consult the specific section or method described in SW-846 for additional guidance on which of the approved methods should be employed for a specific sample analysis situation.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

Appendix VII. BASIS FOR LISTING HAZARDOUS WASTE

-------------------------------------------------------------------------------

EPA Hazardous constituents for which listed

Hazardous

Waste No.

-------------------------------------------------------------------------------

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 tetrachlorophenols and their

chlorophenoxy derivative acids, esters, ethers, amine and other

salts.

F024 Chloromethane, dichloromethane, trichloromethane, carbon

tetrachloride, chloroethylene, 1,1-dichloroethane,

1,2-dichloroethane, trans-1-2-dichloroethylene,

1,1-dichloroethylene, 1,1,1-trichloroethane,

1,1,2-trichloroethane, trichloroethylene,

1,1,1,2-tetra-chloroethane, 1,1,2,2-tetrachloroethane,

tetrachloroethylene, pentachloroethane, hexachloroethane, allyl

chloride (3-chloropropene), dichloropropane, dichloropropene,

2-chloro-1,3-butadiene, hexachloro-1,3-butadiene,

hexachlorocyclopentadiene, hexachlorocyclohexane, benzene,

chlorbenzene, dichlorobenzenes, 1,2,4-trichlorobenzene,

tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene,

toluene, naphthalene.

F025 Chloromethane; Dichloromethane; Trichloromethane; Carbon

tetrachloride; Chloroethylene; 1,1-Dichloroethane;

1,2-Dichloroethane; trans-1,2-Dichloroethylene;

1,1-Dichloroethylene; 1,1,1-Trichloroethane;

1,1,2-Trichloroethane; Trichloroethylene;

1,1,1,2-Tetrachloroethane; 1,1,2,2-Tetrachloroethane;

Tetrachloroethylene; Pentachloroethane; Hexachloroethane; Allyl

chloride (3-Chloropropene); Dichloropropane; Dichloropropene;

2-Chloro-1,3-butadiene; Hexachloro-1,3-butadiene;

Hexachlorocyclopentadiene; Benzene; Chlorobenzene;

Dichlorobenzene; 1,2,4-Trichlorobenzene; Tetrachlorobenzene;

Pentachlorobenzene; Hexachlorobenzene; Toluene; Naphthalene.

F026 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-,

and hexachlorodibenzofurans.

F027 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-,

and hexachlorodibenzofurans; tri-, tetra-, and

pentachlorophenols and their chlorophenoxy derivative acids,

esters, ethers, amine and other salts.

F028 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-,

and hexachlorodibenzofurans; tri-, tetra-, and

pentachlorophenols and their chlorophenoxy derivative acids,

esters, ethers, amine and other salts.

F032 Benz(a)anthracene, benzo(a)pyrene,

dibenz(a,h)-anthracene,indeno(1,2,3-cd)pyrene,

pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-,

heptachlorodibenzo-p-dioxins, tetra-, penta-, hexa-,

heptachlorodibenzofurans (added 12/92).

F034 Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene,

dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene,

arsenic, chromium (added 12/92).

F035 Arsenic, chromium, lead (added 12/92).

F037 Benzene, benzo(a)pyrene, chrysene, lead, chromium (added 12/92).

F038 Benzene, benzo(a)pyrene, chrysene, lead, chromium (added 12/92).

F039 All constituents for which treatment standards are specified for

multi-source leachate (wastewaters and nonwastewaters) under

268.43, Table CCW (added 12/92).

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.

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) (added 12/92).

K108 1,1-Dimethylhydrazine (UDMH) (added 12/92).

K109 1,1-Dimethylhydrazine (UDMH (added 12/92).

K110 1,1-Dimethylhydrazine (UDMH (added 12/92).

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. (added 12/93)

K142 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene,

indeno(1,2,3-cd)pyrene.(added 12/93)

K143 Benzene, benz(a)anthracene, benzo(b)fluoranthene,

benzo(k)fluoranthene. (added 12/93)

K144 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene. (added 12/93)

K145 Benzene, benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene,

naphthalene. (added 12/93)

K147 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene,

indeno(1,2,3-cd)pyrene. (added 12/93)

K148 Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene,

indeno(1,2,3-cd)pyrene. (added 12/93)

K149 Benzotrichloride, benzyl chloride, chloroform, chloromethane,

chlorobenzene, 1,4-dichlorobenzene, hexachlorobenzene,

pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, toluene. (added

12/93)

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. (added 12/93)

K151 Benzene, carbon tetrachloride, chloroform, hexachlorobenzene,

pentachlorobenzene, toluene, 1,2,4,5-tetrachlorobenzene,

tetrachloroethylene. (added 12/93)

K156 Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan,

formaldehyde, methylene chloride, triethylamine. (added 5/96)

K157 Carbon tetrachloride, formaldehyde, methyl chloride, methylene

chloride, pyridine, triethylamine. (added 5/96)

K158 Benomyl, carbendazim, carbofuran, carbosulfan, chloroform,

methylene chloride. (added 5/96)

K159 Benzene, butylate, eptc, molinate, pebulate, vernolate. (added

5/96)

K160 Benzene, butylate, eptc, molinate, pebulate, vernolate. (added

5/96)

K161 Antimony, arsenic, metam-sodium, ziram. (added 5/96)

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

K176 Arsenic, Lead.

K177 Antimony.

K178 Thallium.

K181 Aniline, o-anisidine, 4-chloroaniline, p-cresidine,

2,4-dimethylaniline, 1,2-phenylenediamine, 1,3-phenylenediamine.

K900 Tributyltin, Tributyltin Oxide, Tributyltin Chloride, Tributyltin

Hydroxide, Tributyltin Bromide, Tributyltin Acetate, Tributyltin

Fluoride, Triethyltin, Triethyltin Chloride

-------------------------------------------------------------------------------

N.A.--Waste is hazardous because it fails the test for the characteristic of ignitability, corrosivity, or reactivity.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 26, Issue No. 5, Part 1, eff May 24, 2002; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

Appendix VIII. HAZARDOUS CONSTITUENTS(amended 11/90, 12/92, 12/93)

Appendix VIII to Part 261--Hazardous Constituents

[Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.]

*** This is piece 1. -- It begins at character 1 of table line 1. ********

1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+..

** This is piece 2. -- It begins at character 78 of table line 1. ********

78.....+...90...

WIDETABLE

NOTE--Some parts of this form are wider than one screen. To view

material that exceeds the width of this screen, use the right arrow

key. To return to the original screen, use the left arrow key.



---------------------------------------------------------------------------------------------

Common name Chemical abstracts name CAS #

---------------------------------------------------------------------------------------------

A2213 (added Ethanimidothioic acid, 2- (dimethylamino)- 30558-43-1

5/96) N-hydroxy-2-oxo-, methyl ester

Acetonitrile Same 75-05-8

Acetophenone Ethanone, 1-phenyl- 98-86-2

2-Acetylaminefl- Acetamide, N-9H-fluoren-2-yl- 53-96-3

uarone

Acetyl chloride Same 75-36-5

1-Acetyl-2- Acetamide, N-(aminothioxomethyl)- 591-08-2

thiourea

Acrolein 2-Propenal 107-02-8

Acrylamide 2-Propenamide 79-06-1

Acrylonitrile 2-Propenenitrile 107-13-1

Aflatoxins Same 1402-68-2

Aldicarb Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino) 116-06-3

carbonyl]oxime

Aldicarb sulfone Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino) 1646-88-4

(added 5/96) carbonyl] oxime

Aldrin 1,4,5,8-Dimethanonaphthalene, 1, 2, 3, 4, 10, 309-00-2

10-10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-, (1alpha,

4alpha, 4abeta, 5alpha, 8alpha, 8abeta)-

Allyl alcohol 2-Propen-1-ol 107-18-6

Allyl chloride 1-Propane, 3-chloro 107-05-1

Aluminum Same 20859-73-8

phosphide

4-Aminobiphenyl [1,1'-Biphenyl]-4-amine 92-67-1

5-(Aminomethyl)- 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4

3-isoxazolol

4-Aminopyridine 4-Pyridinamine 504-24-5

Amitrole 1H-1,2,4-Triazol-3-amine 61-82-5

Ammonium Vanadic acid, ammonium salt 7803-55-6

vanadate

Aniline Benzenamine 62-53-3

o-Anisidine (2-- Benzenamine, 2-Methoxy- 90-04-0

methoxyanilin-

e)

Antimony Same 7440-36-0

Antimony

compounds,

N.O.S. [FN1]

Aramite Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl) 140-57-8

phenoxy]-1-methylethyl ester

Arsenic Same 7440-38-2

Arsenic

compounds,

N.O.S. [FN1]

Arsenic acid Arsenic acid H3AsO4 7778-39-4

Arsenic Arsenic oxide As2O5 1303-28-2

pentoxide

Arsenic trioxide Arsenic oxide As2O3 1327-53-3

Auramine Benzenamine, 4,4'-carbonimidoylbis [N,N-dimethyl 492-80-8

Azaserine L-Serine, diazoacetate (ester) 115-02-6

Barban (added Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester 101-27-9

5/96)

Barium Same 7440-39-3

Barium

compounds,

N.O.S. [FN1]

Barium cyanide Same 542-62-1

Bendiocarb 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate 22781-23-3

(added 5/96)

Bendiocarb 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, 22961-82-6

phenol (added

5/96)

Benomyl (added Carbamic acid, [1-[(butylamino) carbonyl]-1H- 17804-35-2

5/96) benzimidazol-2-yl]-, methyl ester

Benz[c]acridine Same 225-51-4

Benz[a]anthrace- Same 56-55-3

ne

Benzal chloride Benzene, (dichloromethyl)- 98-87-3

Benzene Same 71-43-2

Benzenearsonic Arsonic acid, phenyl- 98-05-5

acid

Benzidine [1,1'-Biphenyl]-4,4'-diamine 92-87-5

Benzo[b]fluoran- Benz[e]acephenanthrylene 205-99-2

thene

Benzo[j]fluoran- Same 205-82-3

thene

Benzo(k)fluoran- Same 207-08-9

thene (added

5/96)

Benzo[a]pyrene Same 50-32-8

p-Benzoquinone 2,5-Cyclohexadiene-1,4-dione 106-51-4

Benzotrichloride Benzene, (trichloromethyl)- 98-07-7

Benzyl chloride Benzene, (chloromethyl)- 100-44-7

Beryllium powder Same 7440-41-7

Beryllium

compounds,

N.O.S. [FN1]

Bis (pentamethy- Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis- 120-54-7

lene)- thiuram

tetrasulfide.

Bromoacetone 2-Propanone, 1-bromo- 598-31-2

Bromoform Methane, tribromo- 75-25-2

4-Bromophenyl Benzene, 1-bromo-4-phenoxy- 101-55-3

phenyl ether

Brucine Strychnidin-10-one, 2,3-dimethoxy- 357-57-3

Butyl benzyl 1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester 85-68-7

phthalate

Butylate (added Carbamothioic acid, bis (2-methylpropyl)-, S-ethyl ester 2008-41-5

5/96)

Cacodylic acid Arsinic acid, dimethyl- 75-60-5

Cadmium Same 7440-43-9

Cadmium

compounds,

N.O.S. [FN1]

Calcium chromate Chromic acid H2CrO4, calcium salt 13765-19-0

Calcium cyanide Calcium cyanide Ca(CN)2 592-01-8

Carbaryl (added 1-Naphthalenol, methylcarbamate 63-25-2

5/96)

Carbendazim Carbamic acid, 1H-benzimidazol-2-yl, methyl ester 10605-21-7

(added 5/96)

Carbofuran 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate 1563-66-2

(added 5/96)

Carbofuran 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- 1563-38-8

phenol (added

9/96)

Carbon disulfide Same 75-15-0

Carbon Carbonic difluoride 353-50-4

oxyfluoride

Carbon Methane, tetrachloro- 56-23-5

tetrachloride

Carbosulfan Carbamic acid, [(dibutylamino) thio] methyl-, 55285-14-8

(added 6/96) 2,3-dihydro-2,2-dimethyl-7- benzofuranyl ester

Chloral Acetaldehyde, trichloro- 75-87-6

Chlorambucil Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- 305-03-3

Chlordane 4,7-Methano-1H-indene, 1, 2, 4, 5, 6, 7, 8, 57-74-9

8-octachloro-2, 3, 3a, 4, 7, 7a-hexahydro-

Chlordane (alpha

and gamma

isomers)

Chlorinated

benzenes,

N.O.S. [FN1]

Chlorinated

ethane, N.O.S.

[FN1]

Chlorinated

fluorocarbons,

N.O.S. [FN1]

Chlorinated

naphthalene,

N.O.S. [FN1]

Chlorinated

phenol, N.O.S.

[FN1]

Chlornaphazin Naphthalenamine, N,N'-bis(2-chloroethyl)- 494-03-1

Chloroacetaldeh- Acetaldehyde, chloro- 107-20-0

yde

Chloroalkyl

ethers, N.O.S.

[FN1]

p-Chloroaniline Benzenamine, 4-chloro- 106-47-8

Chlorobenzene Benzene, chloro- 108-90-7

Chlorobenzilate Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)- 510-15-6

alpha-hydroxy-, ethyl ester

p-Chloro-m- Phenol, 4-chloro-3-methyl- 59-50-7

cresol

2-Chloroethyl Ethene, (2-chloroethoxy)- 110-75-8

vinyl ether

Chloroform Methane, trichloro- 67-66-3

Chloromethyl Methane, chloromethoxy- 107-30-2

methyl ether

beta-Chloronaph- Naphthalene, 2-chloro- 91-58-7

thalene

o-Chlorophenol Phenol, 2-chloro- 95-57-8

1-(o-Chlorophen- Thiourea, (2-chlorophenyl)- 5344-82-1

yl) thiourea

Chloroprene 1,3-Butadiene, 2-chloro- 126-99-8

3-Chloropropion- Propanenitrile, 3-chloro- 542-76-7

itrile

Chromium Same 7440-47-3

Chromium

compounds,

N.O.S. [FN1]

Chrysene Same 218-01-9

Citrus red No. 2 2-Naphthalenol, 1-[(2,5-dimethoxyphenyl)azo]- 6358-53-8

Coal tar Same 8007-45-2

creosote

Copper cyanide Copper cyanide CuCN 544-92-3

Copper dimethyl- Copper, bis(dimethylcarbamodithioato-S,S')-, 137-29-1

dithiocarbama-

te (added

6/96)

Creosote Same

p-Cresidine 2-Methoxy-5-methylbenzenamine 120-71-8

Cresol (Cresylic Phenol, methyl- 1319-77-3

acid)

Crotonaldehyde 2-Butenal 4170-30-3

m-Cumenyl methy- Phenol, 3-(methylethyl)-, methyl carbamate 64-00-6

lcarbamate

(added 5/96)

Cyanides

(soluble salts

and complexes)

N.O.S. [FN1]

Cyanogen Ethanedinitrile 460-19-5

Cyanogen bromide Cyanogen bromide (CN)Br 506-68-3

Cyanogen Cyanogen chloride (CN)Cl 506-77-4

chloride

Cycasin beta-D-Glucopyranoside, (methyl-ONN-azoxy)methyl 14901-08-7

Cycloate Carbamothioic acid, cyclohexylethyl-, S-ethyl ester 1134-23-2

2-Cyclohexyl-4, Phenol, 2-cyclohexyl-4,6-dinitro- 131-89-5

6-dinitrophen-

ol

Cyclophosphamide 2H-1,3,2-Oxazaphosphorin-2-amine, 50-18-0

N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide

2,4-D Acetic acid, (2,4-dichlorophenoxy)- 94-75-7

2,4-D, salts,

esters

Daunomycin 5,12-Naphthacenedione, 20830-81-3

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)-

Dazomet (added 2H-1,3,5-thiadiazine-2-thione, tetrahydro-3,5-dimethyl 533-74-4

5/96)

DDD Benzene, 1,1'-(2,2-dichloroethylidene)bis [4-chloro- 72-54-8

DDE Benzene, 1,1'-(dichloroethenylidene)bis [4-chloro- 72-55-9

DDT Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- 50-29-3

Diallate Carbamothioic acid, bis(1-methylethyl)-, 2303-16-4

S-(2,3-dichloro-2-propenyl) ester

Dibenz[a,h] Same 226-36-8

acridine

Dibenz[a,j] Same 224-42-0

acridine

Dibenz[a,h] Same 53-70-3

anthracene

7H-Dibenzo[c,g] Same 194-59-2

carbazole

Dibenzo[a,e]pyr- Naphtho[1,2,3,4-def]chrysene 192-65-4

ene

Dibenzo[a,h]pyr- Dibenzo[b,def]chrysene 189-64-0

ene

Dibenzo[a,i]pyr- Benzo[rst]pentaphene 189-55-9

ene

1,2-Dibromo-3- Propane, 1,2-dibromo-3-chloro- 96-12-8

chloropropane

Dibutyl 1,2-Benzenedicarboxylic acid, dibutyl ester 84-74-2

phthalate

o-Dichlorobenze- Benzene, 1,2-dichloro- 95-50-1

ne

m-Dichlorobenze- Benzene, 1,3-dichloro- 541-73-1

ne

p-Dichlorobenze- Benzene, 1,4-dichloro- 106-46-7

ne

Dichlorobenzene, Benzene, dichloro- 25321-22-6

N.O.S. [FN1]

3,3'-Dichlorobe- [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- 91-94-1

nzidine

1,4-Dichloro-2- 2-Butene, 1,4-dichloro- 764-41-0

butene

Dichlorodifluor- Methane, dichlorodifluoro- 75-71-8

omethane

Dichloroethylen- Dichloroethylene 25323-30-2

e, N.O.S.

[FN1]

1,1-Dichloroeth- Ethene, 1,1-dichloro- 75-35-4

ylene

1,2-Dichloroeth- Ethene, 1,2-dichloro-, (E)- 156-60-5

ylene

Dichloroethyl Ethane, 1,1'oxybis[2-chloro- 111-44-4

ether

Dichloroisoprop- Propane, 2,2'-oxybis[2-chloro- 108-60-1

yl ether

Dichloromethoxy Ethane, 1,1'-[methylenebis(oxy)] bis[2-chloro- 111-91-1

ethane

Dichloromethyl Methane, oxybis[chloro- 542-88-1

ether

2,4-Dichlorophe- Phenol, 2,4-dichloro- 120-83-2

nol

2,6-Dichlorophe- Phenol, 2,6-dichloro- 87-65-0

nol

Dichlorophenyla- Arsonous dichloride, phenyl- 696-28-6

rsine

Dichloropropane, Propane, dichloro- 26638-19-7

N.O.S. [FN1]

Dichloropropano- Propanol, dichloro- 26545-73-3

l, N.O.S.

[FN1]

Dichloropropene, 1-Propene, dichloro- 26952-23-8

N.O.S. [FN1]

1,3-Dichloropro- 1-Propene, 1,3-dichloro- 542-75-6

pene

Dieldrin 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3, 4, 5, 6, 9, 60-57-1

9-hexachloro-1a, 2, 2a, 3, 6, 6a, 7, 7a-octahydro-,

(1aalpha, 2beta, 2aalpha, 3beta, 6beta, 6aalpha, 7beta,

7aalpha)-

1,2:3,4-Diepoxy- 2,2'-Bioxirane 1464-53-5

butane

Diethylarsine Arsine, diethyl- 692-42-2

Diethylene Ethanol, 2,2'-oxybis-, dicarbamate 5952-26-1

glycol,

dicarbamate

(added 5/96)

1,4-Diethyleneo- 1,4-Dioxane 123-91-1

xide

Diethylhexyl 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester 117-81-7

phthalate

N,N'-Diethylhyd- Hydrazine, 1,2-diethyl- 1615-80-1

razine

O,O-Diethyl Phosphorodithioic acid, O,O-diethyl S-methyl ester 3288-58-2

S-methyl dith-

iophosphate

Diethyl-p-nitro- Phosphoric acid, diethyl 4-nitrophenyl ester 311-45-5

phenyl

phosphate

Diethyl 1,2-Benzenedicarboxylic acid, diethyl ester 84-66-2

phthalate

O,O-Diethyl Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester 297-97-2

O-pyrazinyl

phosphoro-

thioate

Diethylstilbest- Phenol, 4,4'-(1,2-diethyl-1,2- ethenediyl)bis-, (E)- 56-53-1

erol

Dihydrosafrole 1,3-Benzodioxole, 5-propyl- 94-58-6

Diisopropylfluo- Phosphorofluoridic acid, bis(1-methylethyl) ester 55-91-4

rophosphate

(DFP)

Dimethoate Phosphorodithioic acid, O,O-dimethyl 60-51-5

S-[2-(methylamino)-2-oxoethyl] ester

3,3'-Dimethoxyb- [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- 119-90-4

enzidine

p-Dimethylamino- Benzenamine, N,N-dimethyl-4-(phenylazo)- 60-11-7

azobenzene

2,4-Dimethylani- Benzenamine, 2,4-dimethyl- 95-68-1

line

(2,4-xylidine)

7,12-Dimethylbe- Benz[a]anthracene, 7,12-dimethyl- 57-97-6

nz[a]anthrace-

ne

3,3'-Dimethylbe- [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- 119-93-7

nzidine

Dimethylcarbamo- Carbamic chloride, dimethyl- 79-44-7

yl chloride

1,1-Dimethylhyd- Hydrazine, 1,1-dimethyl- 57-14-7

razine

1,2-Dimethylhyd- Hydrazine, 1,2-dimethyl- 540-73-8

razine

alpha,alpha- Di- Benzeneethanamine, alpha,alpha- dimethyl- 122-09-8

methylpheneth-

ylamine

2,4-Dimethylphe- Phenol, 2,4-dimethyl- 105-67-9

nol

Dimethyl 1,2-Benzenedicarboxylic acid, dimethyl ester 131-11-3

phthalate

Dimethyl sulfate Sulfuric acid, dimethyl ester 77-78-1

Dimetilan (added Carbamic acid, dimethyl-, 1-[(dimethylamino) 644-64-4

5/96) carbonyl]-5-methyl-1H- pyrazol-3-yl ester

Dinitrobenzene, Benzene, dinitro- 25154-54-5

N.O.S. [FN1]

4,6-Dinitro-o- Phenol, 2-methyl-4,6-dinitro- 534-52-1

cresol

4,6-Dinitro-o-

cresol salts

2,4-Dinitrophen- Phenol, 2,4-dinitro- 51-28-5

ol

2,4-Dinitrotolu- Benzene, 1-methyl-2,4-dinitro- 121-14-2

ene

2,6-Dinitrotolu- Benzene, 2-methyl-1,3-dinitro- 606-20-2

ene

Dinoseb Phenol, 2-(1-methylpropyl)-4,6- dinitro- 88-85-7

Di-n-octyl 1,2-Benzenedicarboxylic acid, dioctyl ester 117-84-0

phthalate

Diphenylamine Benzenamine, N-phenyl- 122-39-4

1,2-Diphenylhyd- Hydrazine, 1,2-diphenyl- 122-66-7

razine

Di-n-propylnitr- 1-Propanamine, N-nitroso-N-propyl- 621-64-7

osamine

Disulfiram Thioperoxydicarbonic diamide, tetraethyl 97-77-8

(added 5/96)

Disulfoton Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] 298-04-4

ester

Dithiobiuret Thioimidodicarbonic diamide [(H2N)C(S)]2NH 541-53-7

Endosulfan 6,9-Methano-2, 4, 3-benzodioxathiepin, 6, 7, 8, 9, 10, 115-29-7

10-hexachloro-1, 5, 5a, 6, 9, 9a-hexahydro-, 3-oxide

Endothall 7-Oxabicyclo[2.2.1]heptane-2,3- dicarboxylic acid 145-73-3

Endrin 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3, 4, 5, 6, 9, 72-20-8

9-hexachloro-1a, 2, 2a, 3, 6, 6a, 7,

7a-octahydro-,(1aalpha, 2beta, 2abeta, 3alpha, 6alpha,

6abeta, 7beta, 7aalpha)-

Endrin

metabolites

Epichlorohydrin Oxirane, (chloromethyl)- 106-89-8

Epinephrine 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino) ethyl]-, 51-43-4

(R)-

EPTC Carbamothioic acid, dipropyl-, S-ethyl ester 759-94-4

Ethyl carbamate Carbamic acid, ethyl ester 51-79-6

(urethane)

Ethyl cyanide Propanenitrile 107-12-0

Ethylenebisdith- Carbamodithioic acid, 1,2-ethanediylbis- 111-54-6

iocarbamic

acid

Ethylenebisdith-

iocarbamic

acid, salts

and esters

Ethylene Ethane, 1,2-dibromo- 106-93-4

dibromide

Ethylene Ethane, 1,2-dichloro- 107-06-2

dichloride

Ethylene glycol Ethanol, 2-ethoxy- 110-80-5

monoethyl

ether

Ethyleneimine Aziridine 151-56-4

Ethylene oxide Oxirane 75-21-8

Ethylenethiourea 2-Imidazolidinethione 96-45-7

Ethylidene Ethane, 1,1-dichloro- 75-34-3

dichloride

Ethyl 2-Propenoic acid, 2-methyl-, ethyl ester 97-63-2

methacrylate

Ethyl methanesu- Methanesulfonic acid, ethyl ester 62-50-0

lfonate

Ethyl Ziram Zinc, bis(diethylcarbamodithioato-S,S')- 14324-55-1

(added 5/96)

Famphur Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl] 52-85-7

phenyl] O,O-dimethyl ester

Ferbam (added Iron, tris(dimethylcarbamodithioat-S,S')-, 14484-64-1

5/96)

Fluoranthene Same 206-44-0

Fluorine Same 7782-41-4

Fluoroacetamide Acetamide, 2-fluoro- 640-19-7

Fluoroacetic Acetic acid, fluoro-, sodium salt 62-74-8

acid, sodium

salt

Formaldehyde Same 50-00-0

Formetanate Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino) 23422-53-9

hydrochloride carbonyl]oxy]phenyl]-, monohydrochloride

(added 5/96)

Formic acid Same 64-18-6

Formparanate Methanimidamide, N,N-dimethyl-N'-[2-methyl- 17702-57-7

(added 5/96) 4-[[(methylamino) carbonyl]oxy]phenyl]-.

Glycidylaldehyde Oxiranecarboxyaldehyde 765-34-4

Halomethanes,

N.O.S. [FN1]

Heptachlor 4,7-Methano-1H-indene, 1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 76-44-8

4, 7, 7a-tetrahydro-

Heptachlor 2,5-Methano-2H-indeno[1,2-b]oxirene, 2, 3, 4, 5, 6, 7, 1024-57-3

epoxide 7-heptachloro-1a, 1b, 5, 5a, 6, 6a-hexa-hydro-,

(1aalpha, 1bbeta, 2alpha, 5alpha, 5abeta, 6beta,

6aalpha)-

Heptachlor

epoxide

(alpha, beta,

and gamma

isomers)

Heptachlorodibe-

nzofurans

(added 5/96)

Heptachlorodibe-

nzo-p- dioxins

(added 5/96)

Hexachlorobenze- Benzene, hexachloro- 118-74-1

ne

Hexachlorobutad- 1,3-Butadiene, 1, 1, 2, 3, 4, 4-hexachloro- 87-68-3

iene

Hexachlorocyclo- 1,3-Cyclopentadiene, 1, 2, 3, 4, 5, 5-hexachloro- 77-47-4

pentadiene

Hexachlorodiben-

zo-p-dioxins

Hexachlorodiben-

zofurans

Hexachloroethane Ethane, hexachloro- 67-72-1

Hexachlorophene Phenol, 2,2'-methylenebis[3,4,6- trichloro- 70-30-4

Hexachloroprope- 1-Propene, 1, 1, 2, 3, 3, 3-hexachloro- 1888-71-7

ne

Hexaethyl Tetraphosphoric acid, hexaethyl ester 757-58-4

tetraphosphate

Hydrazine Same 302-01-2

Hydrogen cyanide Hydrocyanic acid 74-90-8

Hydrogen Hydrofluoric acid 7664-39-3

fluoride

Hydrogen sulfide Hydrogen sulfide H2S 7783-06-4

Indeno[1,2,3- Same 193-39-5

cd]pyrene

3-Iodo-2- Carbamic acid, butyl-, 3-iodo-2-propynyl ester 55406-53-6

propynyl n-bu-

tylcarbamate

(added 5/96)

Isobutyl alcohol 1-Propanol, 2-methyl- 78-83-1

Isodrin 1,4,5,8-Dimethanonaphthalene, 1, 2, 3, 4, 10, 465-73-6

10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-,(1alpha,

4alpha, 4abeta, 5beta, 8beta, -8abeta)-

Isolan (added Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)- 119-38-0

5/96) 1H-pyrazol-5-yl ester

Isosafrole 1,3-Benzodioxole, 5-(1-propenyl)- 120-58-1

Kepone 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1, 1a, 3, 143-50-0

3a, 4, 5, 5, 5a, 5b, 6-decachlorooctahydro-

Lasiocarpine 2-Butenoic acid, 2-methyl-,7-[[2,3-dihydroxy-2- 303-34-4

(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. [FN1]

Lead acetate Acetic acid, lead(2+) salt 301-04-2

Lead phosphate Phosphoric acid, lead(2+) salt (2:3) 7446-27-7

Lead subacetate Lead, bis(acetato-O)tetrahydroxytri- 1335-32-6

Lindane Cyclohexane, 1, 2, 3, 4, 5, 6-hexachloro-, (1alpha, 58-89-9

2alpha, 3beta, 4alpha, 5alpha, 6beta)-

Maleic anhydride 2,5-Furandione 108-31-6

Maleic hydrazide 3,6-Pyridazinedione, 1,2-dihydro- 123-33-1

Malononitrile Propanedinitrile 109-77-3

Manganese dimet- Manganese, bis(dimethylcarbamodithioato-S,S')-, 15339-36-3

hyldithiocarb-

amate (added

5/96)

Melphalan L-Phenylalanine, 4-[bis(2-chloroethyl) aminol]- 148-82-3

Mercury Same 7439-97-6

Mercury

compounds,

N.O.S. [FN1]

Mercury Fulminic acid, mercury(2+) salt 628-86-4

fulminate

Metam Sodium Carbamodithioic acid, methyl-, monosodium salt 137-42-8

(added 5/96)

Methacrylonitri- 2-Propenenitrile, 2-methyl- 126-98-7

le

Methapyrilene 1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'- 91-80-5

(2-thienylmethyl)-

Methiocarb Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate 2032-65-7

(added 5/96)

Methomyl Ethanimidothioic acid, N-[[(methylamino)carbonyl] oxy]-, 16752-77-5

methyl ester

Methoxychlor Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-methoxy- 72-43-5

Methyl bromide Methane, bromo- 74-83-9

Methyl chloride Methane, chloro- 74-87-3

Methyl chloroca- Carbonochloridic acid, methyl ester 79-22-1

rbonate

Methyl Ethane, 1,1,1-trichloro- 71-55-6

chloroform

3-Methylcholant- Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- 56-49-5

hrene

4,4'-Methylene Benzenamine, 4,4'-methylenebis[2- chloro- 101-14-4

bis (2-chloro-

aniline)

Methylene Methane, dibromo- 74-95-3

bromide

Methylene Methane, dichloro- 75-09-2

chloride

Methyl ethyl 2-Butanone 78-93-3

ketone (MEK)

Methyl ethyl 2-Butanone, peroxide 1338-23-4

ketone

peroxide

Methyl hydrazine Hydrazine, methyl- 60-34-4

Methyl iodide Methane, iodo- 74-88-4

Methyl Methane, isocyanato- 624-83-9

isocyanate

2-Methyllactoni- Propanenitrile, 2-hydroxy-2-methyl- 75-86-5

trile

Methyl 2-Propenoic acid, 2-methyl-, methyl ester 80-62-6

methacrylate

Methyl methanes- Methanesulfonic acid, methyl ester 66-27-3

ulfonate

Methyl parathion Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester 298-00-0

Methylthiouracil 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl- 2-thioxo- 56-04-2

Metolcarb (added Carbamic acid, methyl-, 3-methylphenyl ester 1129-41-5

5/96)

Mexacarbate Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate 315-18-4

(added 5/96) (ester)

Mitomycin C Azirino[2',3':3,4]pyrrolo[1,2-a] indole-4,7-dione, 50-07-7

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- nitroso- 70-25-7

Molinate (added 1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl ester 2212-67-1

5/96)

Mustard gas Ethane, 1,1'-thiobis[2-chloro- 505-60-2

Naphthalene Same 91-20-3

1,4-Naphthoquin- 1,4-Naphthalenedione 130-15-4

one

alpha-Naphthyla- 1-Naphthalenamine 134-32-7

mine

beta-Naphthylam- 2-Naphthalenamine 91-59-8

ine

alpha-Naphthylt- Thiourea, 1-naphthalenyl- 86-88-4

hiourea

Nickel Same 7440-02-0

Nickel

compounds,

N.O.S. [FN1]

Nickel carbonyl Nickel carbonyl Ni(CO)4, (T-4)- 13463-39-3

Nickel cyanide Nickel cyanide Ni(CN)2 557-19-7

Nicotine Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)- 54-11-5

Nicotine salts

Nitric oxide Nitrogen oxide NO 10102-43-9

p-Nitroaniline Benzenamine, 4-nitro- 100-01-6

Nitrobenzene Benzene, nitro- 98-95-3

Nitrogen dioxide Nitrogen oxide NO2 10102-44-0

Nitrogen mustard Ethanamine, 2-chloro-N-(2-chloroethyl) -N-methyl- 51-75-2

Nitrogen

mustard,

hydro-

chloride salt

Nitrogen mustard Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl-, N-oxide 126-85-2

N-oxide

Nitrogen

mustard,

N-oxide,

hydrochloride

salt

Nitroglycerin 1,2,3-Propanetriol, trinitrate 55-63-0

p-Nitrophenol Phenol, 4-nitro- 100-02-7

2-Nitropropane Propane, 2-nitro- 79-46-9

Nitrosamines, 35576-91-1

N.O.S. [FN1]

N-Nitrosodi-n- 1-Butanamine, N-butyl-N-nitroso- 924-16-3

butylamine

N-Nitrosodietha- Ethanol, 2,2'-(nitrosoimino)bis- 1116-54-7

nolamine

N-Nitrosodiethy- Ethanamine, N-ethyl-N-nitroso- 55-18-5

lamine

N-Nitrosodimeth- Methanamine, N-methyl-N-nitroso- 62-75-9

ylamine

N-Nitroso- Urea, N-ethyl-N-nitroso- 759-73-9

N-ethylurea

N-Nitrosomethyl- Ethanamine, N-methyl-N-nitroso- 10595-95-6

ethylamine

N-Nitroso- Urea, N-methyl-N-nitroso- 684-93-5

N-methylurea

N-Nitroso- N-me- Carbamic acid, methylnitroso-, ethyl ester 615-53-2

thylurethane

N-Nitrosomethyl- Vinylamine, N-methyl-N-nitroso- 4549-40-0

vinylamine

N-Nitrosomorpho- Morpholine, 4-nitroso- 59-89-2

line

N-Nitrosonornic- Pyridine, 3-(1-nitroso-2-pyrrolidinyl)-, (S)- 16543-55-8

otine

N-Nitrosopiperi- Piperidine, 1-nitroso- 100-75-4

dine

N-Nitrosopyrrol- Pyrrolidine, 1-nitroso- 930-55-2

idine

N-Nitrososarcos- Glycine, N-methyl-N-nitroso- 13256-22-9

ine

5-Nitro-o- Benzenamine, 2-methyl-5-nitro- 99-55-8

toluidine

Octachlorodiben- 1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin (7/02) 3268-87-9

zo-p-dioxin

(OCDD)

Octachlorodiben- 1,2,3,4,6,7,8,9-Octachlorodibenzofuran (7/02) 39001-02-0

zofuran(OCDF)

Octamethylpyrop- Diphosphoramide, octamethyl- 152-16-9

hos- phoramide

Osmium tetroxide Osmium oxide OsO4, (T-4)- 20816-12-0

Oxamyl (added Ethanimidothioc acid, 23135-22-0

5/96) 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-,

methyl ester

Paraldehyde 1,3,5-Trioxane, 2,4,6-trimethyl- 123-63-7

Parathion Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester 56-38-2

Pebulate Carbamothioic acid, butylethyl-, S-propyl ester 1114-71-2

Pentachlorobenz- Benzene, pentachloro- 608-93-5

ene

Pentachlorodibe-

nzo-p- dioxins

Pentachlorodibe-

nzofurans

Pentachloroetha- Ethane, pentachloro- 76-01-7

ne

Pentachloronitr- Benzene, pentachloronitro- 82-68-8

obenzene

(PCNB)

Pentachlorophen- Phenol, pentachloro- 87-86-5

ol

Phenacetin Acetamide, N-(4-ethoxyphenyl)- 62-44-2

Phenol Same 108-95-2

Phenylenediamine Benzenediamine 25265-76-3

1,2-Phenylenedi- 1,2-Benzenediamine 95-54-5

amine

1,3-Phenylenedi- 1,3-Benzenediamine 108-45-2

amine

Phenylmercury Mercury, (acetato-O)phenyl- 62-38-4

acetate

Phenylthiourea Thiourea, phenyl- 103-85-5

Phosgene Carbonic dichloride 75-44-5

Phosphine Same 7803-51-2

Phorate Phosphorodithioic acid, O,O-diethyl S-[(ethylthio) methyl] 298-02-2

ester

Phthalic acid

esters, N.O.S.

[FN1]

Phthalic 1,3-Isobenzofurandione 85-44-9

anhydride

Physostigmine Pyrrolo[2,3-b]indol-5-01, 1, 2, 3, 3a, 8, 8a-hexahydro-1, 57-47-6

(added 5/96) 3a, 8-trimethyl-, methylcarbamate (ester), (3aS-cis)-

Physostigmine Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1, 2, 3, 57-64-7

salicylate 3a, 8, 8a-hexahydro-1, 3a, 8-trimethylpyrrolo [2,3-b]

(added 5/96) indol-5-yl methylcarbamate ester (1:1).

2-Picoline Pyridine, 2-methyl- 109-06-8

Polychlorinated

biphenyls,

N.O.S. [FN1]

Potassium Potassium cyanide K(CN) 151-50-8

cyanide

Potassium dimet- Carbamodithioc acid, dimethyl, potassium salt 128-03-0

hyldithiocarb-

amate (added

5/96)

Potassium n- Carbamodithioic acid, (hydroxymethyl) methyl-, 51026-28-9

hydroxymethyl- monopotassium salt

n-methyl-dith-

iocarbamate

Potassium n- me- Carbamodithioc acid, methyl-monopotassium salt 137-41-7

thyldithiocar-

bamate (added

5/96)

Potassium penta- Pentachlorophenol, potassium salt 7778736

chlorophenate

Potassium silver Argentate(1-), bis(cyano-C)-, potassium 506-61-6

cyanide

Promecarb (added Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate 2631-37-0

5/96)

Pronamide Benzamide, 3,5-dichloro-N-(1,1-dimethyl- 2-propynyl)- 23950-58-5

1,3-Propane 1,2-Oxathiolane, 2,2-dioxide 1120-71-4

sultone

n-Propylamine 1-Propanamine 107-10-8

Propargyl 2-Propyn-1-ol 107-19-7

alcohol

Propham Carbamic acid, phenyl-, 1-methylethyl ester 122-42-9

Propoxur Phenol, 2-(1-methylethoxy)-, methylcarbamate 114-26-1

Propylene Propane, 1,2-dichloro- 78-87-5

dichloride

1,2-Propylenimi- Aziridine, 2-methyl- 75-55-8

ne

Propylthiouracil 4(1H)-Pyrimidinone, 2,3-dihydro-6-propyl-2- thioxo- 51-52-5

Prosulfocarb Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester 52888-80-9

Pyridine Same 110-86-1

Reserpine Yohimban-16-carboxylic acid, 11, 17-dimethoxy-18-[(3, 4, 50-55-5

5-trimethoxybenzoyl)oxy]-smethyl ester, (3beta, 16beta,

17alpha, 18beta, 20alpha)-

Resorcinol 1,3-Benzenediol 108-46-3

Saccharin 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide 81-07-2

Saccharin salts

Safrole 1,3-Benzodioxole, 5-(2-propenyl)- 94-59-7

Selenium Same 7782-49-2

Selenium

compounds,

N.O.S. [FN1]

Selenium dioxide Selenious acid 7783-00-8

Selenium sulfide Selenium sulfide SeS2 7488-56-4

Selenium, Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with 144-34-3

tetrakis orthothioselenious acid.

(dimethyl- di-

thiocarbamate.

Selenourea Same 630-10-4

Silver Same 7440-22-4

Silver

compounds,

N.O.S. [FN1]

Silver cyanide Silver cyanide Ag(CN) 506-64-9

Silvex Propanoic acid, 2-(2,4,5-trichlorophenoxy)- 93-72-1

(2,4,5-TP)

Sodium cyanide Sodium cyanide Na(CN) 143-33-9

Sodium dibutyld- Carbamodithioic acid, dibutyl, sodium salt 136-30-1

ithiocarbamate

(added 5/96)

Sodium diethyld- Carbamodithioic acid, diethyl-, sodium salt 148-18-5

ithiocarbamate

(added 5/96)

Sodium dimethyl- Carbamodithioic acid, dimethyl-, sodium salt 128-04-1

dithiocarbama-

te (added

5/96)

Sodium pentachl- Pentachlorophenol, sodium salt 131522

orophenate

Streptozotocin D-Glucose, 18883-66-4

2-deoxy-2-[[(methylnitrosoamino)carbonyl]amino]-

Strychnine Strychnidin-10-one 57-24-9

Strychnine salts

Sulfallate Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl ester 95-06-7

(added 5/96)

TCDD Dibenzo[b,e][1,4]dioxin, 2, 3, 7, 8-tetrachloro- 1746-01-6

Tetrabutylthiur- Thioperoxydicarbonic diamide, tetrabutyl 1634-02-2

am disulfide

(added 5/96)

1,2,4,5-Tetrach- Benzene, 1,2,4,5-tetrachloro- 95-94-3

lorobenzene

Tetrachlorodibe-

nzo-p- dioxins

Tetrachlorodibe-

nzofurans

Tetrachloroetha- Ethane, tetrachloro-, N.O.S. 25322-20-7

ne, N.O.S.

[FN1]

1,1,1,2-Tetrach- Ethane, 1,1,1,2-tetrachloro- 630-20-6

loroethane

1,1,2,2-Tetrach- Ethane, 1,1,2,2-tetrachloro- 79-34-5

loroethane

Tetrachloroethy- Ethene, tetrachloro- 127-18-4

lene

2,3,4,6-Tetrach- Phenol, 2,3,4,6-tetrachloro- 58-90-2

lorophenol

2,3,4,6-tetrach- same 53535276

lorophenol,

potassium salt

2,3,4,6-tetrach- same 25567559

lorophenol,

sodium salt

Tetraethyldithi- Thiodiphosphoric acid, tetraethyl ester 3689-24-5

opyrophosphate

Tetraethyl lead Plumbane, tetraethyl- 78-00-2

Tetraethyl Diphosphoric acid, tetraethyl ester 107-49-3

pyrophosphate

Tetramethylthiu- Bis(dimethylthiocarbamoyl) sulfide 97-74-5

ram

monosulfide

Tetranitrometha- Methane, tetranitro- 509-14-8

ne

Thallium Same 7440-28-0

Thallium

compounds,

N.O.S. [FN1]

Thallic oxide Thallium oxide Tl2O3 1314-32-5

Thallium(I) Acetic acid, thallium(1+) salt 563-68-8

acetate

Thallium(I) Carbonic acid, dithallium(1+) salt 6533-73-9

carbonate

Thallium(I) Thallium chloride TlCl 7791-12-0

chloride

Thallium(I) Nitric acid, thallium(1+) salt 10102-45-1

nitrate

Thallium Selenious acid, dithallium(1+) salt 12039-52-0

selenite

Thallium(I) Sulfuric acid, dithallium(1+) salt 7446-18-6

sulfate

Thioacetamide Ethanethioamide 62-55-5

Thiodicarb Ethanimidothioic acid, N,N'-[thiobis [(methylimino) 59669-26-0

(added 5/96) carbonyloxy]] bis-, dimethyl ester.

Thiofanox 2-Butanone, 3,3-dimethyl-1-(methylthio)-, 39196-18-4

0-[(methylamino)carbonyl] oxime

Thiomethanol Methanethiol 74-93-1

Thiophanate- Carbamic acid, [1,2-phyenylenebis (iminocarbonothioyl)] 23564-05-8

methyl bis-, dimethyl ester

Thiophenol Benzenethiol 108-98-5

Thiosemicarbazi- Hydrazinecarbothioamide 79-19-6

de

Thiourea Same 62-56-6

Thiram Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl- 137-26-8

Tirpate (added 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, 26419-73-8

5/96) O-[(methylamino) carbonyl] oxime.

Toluene Benzene, methyl- 108-88-3

Toluenediamine Benzenediamine, ar-methyl- 25376-45-8

Toluene-2,4-dia- 1,3-Benzenediamine, 4-methyl- 95-80-7

mine

Toluene-2,6- 1,3-Benzenediamine, 2-methyl- 823-40-5

diamine

Toluene-3,4- 1,2-Benzenediamine, 4-methyl- 496-72-0

diamine

Toluene Benzene, 1,3-diisocyanatomethyl- 26471-62-5

diisocyanate

o-Toluidine Benzenamine, 2-methyl- 95-53-4

o-Toluidine Benzenamine, 2-methyl-, hydrochloride 636-21-5

hydrochloride

p-Toluidine Benzenamine, 4-methyl- 106-49-0

Toxaphene Same 8001-35-2

Triallate (added Carbamothioic acid, bis(1-methylethyl)-, 2303-17-5

5/96) S-(2,3,3-trichloro-2- propenyl) ester

Tributyltin Tributylstannane 688-73-3

Tributyltin Bis(tri-n-butyltin) Oxide 56-35-9

Oxide

Tributyltin Tributylchlorostannane 1461-22-9

Chloride

Tributyltin Tributylhydroxystannane 1067-97-6

Hydroxide

Tributyltin Tributylbromostannane 1461-23-0

Bromide

Tributyltin (acetyloxy)tributylstannane 56-36-0

Acetate

Tributyltin Tributylfluorostannane 1983-23-0

Fluoride

1,2,4-Trichloro- Benzene, 1,2,4-trichloro- 120-82-1

benzene

1,1,2-Trichloro- Ethane, 1,1,2-trichloro- 79-00-5

ethane

Trichloroethyle- Ethene, trichloro- 79-01-6

ne

Trichloromethan- Methanethiol, trichloro- 75-70-7

ethiol

Trichloromonofl- Methane, trichlorofluoro- 75-69-4

uoromethane

2,4,5-Trichloro- Phenol, 2,4,5-trichloro- 95-95-4

phenol

2,4,6-Trichloro- Phenol, 2,4,6-trichloro- 88-06-2

phenol

2,4,5-T Acetic acid, (2,4,5-trichlorophenoxy)- 93-76-5

Trichloropropan- 25735-29-9

e, N.O.S.

[FN1]

1,2,3-Trichloro- Propane, 1,2,3-trichloro- 96-18-4

propane

Triethylamine Ethanamine, N,N-diethyl- 121-44-8

(added 5/96)

O,O,O-Triethyl Phosphorothioic acid, O,O,O-triethyl ester 126-68-1

phosphorothio-

ate

Triethyltin Triethylstannane 997-50-2

Triethyltin Triethyltin Chloride 994-31-0

Chloride

1,3,5-Trinitrob- Benzene, 1,3,5-trinitro- 99-35-4

enzene

Tris(1-aziridin- Aziridine, 1,1',1-phosphinothioylidynetris- 52-24-4

yl) phosphine

sulfide

Tris(2,3-dibrom- 1-Propanol, 2,3-dibromo-, phosphate (3:1) 126-72-7

opropyl)

phosphate

Trypan blue 2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'- 72-57-1

biphenyl]-4,4'diyl)bis(azo)]-bis[5- amino-4-hydroxy-,

tetrasodium salt

Uracil mustard 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- 66-75-1

Vanadium Vanadium oxide V2O5 1314-62-1

pentoxide

Vernolate (added Carbamothioc acid, dipropyl-, S-propyl ester 1929-77-7

5/96)

Vinyl chloride Ethene, chloro- 75-01-4

Warfarin 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, 81-81-2

when present at concentrations less than 0.3%

Warfarin 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, 81-81-2

when present at concentrations greater than 0.3%

Warfarin salts,

when present

at

concentrations

less than 0.3%

Warfarin salts,

when present

at

concentrations

greater than

0.3%

Zinc cyanide Zinc cyanide Zn(CN)2 557-21-1

Zinc phosphide Zinc phosphide Zn3P2, when present at concentrations 1314-84-7

greater than 10%

Zinc phosphide Zinc phosphide Zn3P2, when present at concentrations of 1314-84-7

10% or less

Ziram Zinc, bis(dimethylcarbamodithioato-S,S')-, (T-4)- 137-30-4

---------------------------------------------------------------------------------------------

FN [FN1] The abbreviation N.O.S. (not otherwise specified) signifies those

members of the general class not specifically listed by name in this

appendix.

HISTORY: Amended by State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 26, Issue No. 5, Part 1, eff May 24, 2002; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 31, Issue No. 2, eff February 23, 2007.



Appendix IX. Wastes Excluded Under 260.20 and 260.22

TABLE 1 - WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

-------------------------------------------------------------------------------

Facility and address Waste description

-------------------------------------------------------------------------------

Ford Motor Company, Waste water treatment plant sludge, F019, that is

Michigan Truck Plant generated by Ford Motor Company at the Wayne

and Wayne Integrated Integrated Stamping and Assembly Plant from

Stamping and wastewaters from both the Wayne Integrated Stamping

Assembly Plant. - and Assembly Plant and the Michigan Truck Plant,

Wayne, Michigan 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, per 68 FR

44657, 44658.

-------------------------------------------------------------------------------

Ford Motor Company, Waste water treatment plant sludge, F019, that is

Wixom Assembly generated by Ford Motor Company at the Wixom Assembly

Plant: -Wixom, Plant, Wixom, Michigan at a maximum annual rate of

Michigan 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, per 68 FR 44657, 44658.

-------------------------------------------------------------------------------

General Motors Waste water treatment plant sludge, F019, that is

Corporation, Flint generated by General Motors Corporation at Flint

Truck: - Flint, Truck, Flint, Michigan at a maximum annual rate of

Michigan 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, per 68 FR 44657, 44658.

-------------------------------------------------------------------------------

General Motors Waste water treatment plant sludge, F019, that is

Corporation, generated by General Motors Corporation at Hamtramck,

Hamtramck: -Detroit, Detroit, Michigan at a maximum annual rate of 3,000

Michigan 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, per 68 FR

44657, 44658.

-------------------------------------------------------------------------------

General Motors Waste water treatment plant sludge, F019, that is

Corporation, Pontiac generated by General Motors Corporation at Pontiac

East: -Pontiac, East, Pontiac, Michigan at a maximum annual rate of

Michigan 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, per 68 FR 44657, 44658.

-------------------------------------------------------------------------------

Trigen/Cinergy-USFOS Waste water treatment plant sludge, F019, that is

of Lansing LLC at generated at General Motors Corporation's Lansing

General Motors Grand River (GM-Grand River) facility by

Corporation, Lansing Trigen/Cinergy-USFOS of Lansing LLC exclusively from

Grand River: wastewaters from GM Grand River, Lansing, Michigan at

-Lansing, Michigan 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, per 68 FR 44657, 44658.

-------------------------------------------------------------------------------

HISTORY: Amended by State Register Volume 30, Issue No. 6, eff June 23, 2006.

Appendix XI. OTHER DESIGNATED WASTES

Hazardous Waste No. Substance

SECTION 5555 Any solid waste the Department determines

constitutes a hazard and requires greater control

SECTION 6666 Any waste that is declared hazardous by the

generator, transporter, treater, storer, or

disposer of such waste. (Deleted)

SECTION 7777 Non-hazardous waste received by a hazardous waste

facility.

SECTION 8888 Waste lubricating, hydraulic and cutting oil

(Deleted June 23, 1989)

SECTION 9999 Waste batteries (Deleted Jan 24, 1986)

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 19, Issue No. 6, eff June 23, 1995.

61-79.262. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.

SUBPART A. GENERAL

262.10. Purpose, scope, and applicability.

(a) These regulations establish standards for generators of hazardous waste.

(b) R.61-79.261.5(c) and (d) must be used to determine the applicability of provisions of this part that are dependent on calculations of the quantity of hazardous waste generated per month. (revised 5/96)

(c) A generator who treats, stores, or disposes of hazardous waste onsite must only comply with the following sections of this part with respect to that waste: Section 262.11 for determining whether or not he has a hazardous waste, 262.12 for obtaining an EPA identification number, 262.34 for accumulation of hazardous waste, 262.40 (c) and (d) for recordkeeping, 262.43 for additional reporting, and if applicable, 262.70 for farmers. (amended 11/90, 12/92; 5/96)

(d) Any person who exports or imports wastes that are considered hazardous under U.S. national procedures to or from the countries listed in 262.58(a)(1) for recovery must comply with subpart H of this part. A waste is considered hazardous under U.S. national procedures if the waste meets the federal definition of hazardous waste in 40 CFR 261.3 and is subject to either the Federal RCRA manifesting requirements at part 262, subpart B, the universal waste management standards of part 273, State requirements analogous to part 273, the export requirements in the spent lead-acid battery management standards of part 266, subpart G, or State requirements analogous to the export requirements analogous to the export requirements in part 266, subpart G.

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this part.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of 262.70 is not required to comply with other standards in this part or R.61-79.270, R.61-79.264, or R.61-79.265 or .268 with respect to such pesticides.

(g) A person who generates a hazardous waste as defined by R.61-79.261 is subject to the compliance requirements and penalties prescribed in the South Carolina Hazardous Waste Management Act, section 44-56-140 of the Code of Laws of 1976 as amended, and section 3008 of the Act if he does not comply with the requirements of this part.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this part.

(i) Persons responding to an explosives or munitions emergency in accordance with 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.

Note 1: The provisions of 262.34 are applicable to the onsite accumulation of hazardous waste by generators. Therefore, the provisions of 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 onsite must comply with the applicable standards and permit requirements set forth in parts 264, 265, 266, 268, and 270.

(j) [Reserved]

(k) [Reserved]

(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 262.200 of Subpart K of this part.):

(1) the requirements of 262.11 or 262.34(c), for large quantity generators and small quantity generators, except as provided in Subpart K, and

(2) the conditions of 261.5(b), for conditionally exempt small quantity generators, except as provided in Subpart K.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 36, Issue No. 3, eff March 23, 2012; State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.11. Hazardous waste determination.

A person who generates a solid waste, as defined in R.61-79.261.2 must accurately determine if that waste is a hazardous waste using the following method:

(a) He should first determine if the waste is excluded from regulation under R.61-79.261.4.

(b) He must then determine if the waste is listed as a hazardous waste in subpart D of R.61-79.261.

Note: Even if the waste is listed, the generator still has an opportunity under 260.22 to demonstrate to the Department that the waste from his particular facility or operation is not a hazardous waste.

(c) For purposes of compliance with 268, or if the waste is not listed in subpart D of R.61-79.261, the generator must then determine whether the waste is identified in subpart C of R.61-79.261 by either:

(1) Testing the waste according to the methods set forth in Subpart C of R.61-79.261, or according to an equivalent method approved by the Department under R.61-79.260.21; or

(2) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.

(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 268 and 273 for possible exclusions or restrictions pertaining to management of the specific waste. (amended 11/90; 5/96)

(e) Finally, he must make a determination if the waste is listed in Appendix XI of R.61-79.261.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 20, Issue No. 5, eff May 24, 1996.

262.12. Identification Numbers.

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Department.

(b) A generator who has not received an EPA identification number may obtain one by submitting the Notification Form required under Section 262.13. Upon receipt of the completed form the Department will assign an EPA identification number to the generator.

(c) A generator must not offer his hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number or a Department permit. A facility which has interim status is deemed permitted until issuance of a permit is made by the Department.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

262.13. Notification Requirements upon Generators.

(a) Every generator within the State who produces a hazardous waste and has not previously done so shall file with the Department a Notification Form for that waste within thirty (30) days of the effective date of this regulation.

(b) Every generator within the State who produces a new hazardous waste shall file with the Department a revised or new Notification Form for that waste within thirty (30) days after such waste is first produced.

(c) Every generator within the State who produces a hazardous waste which is classified or listed for the the first time by a revision of R.61-79.261 shall file with the Department a revised or new Notification Form for that waste within ninety (90) days after the effective date of such revision.

(d) The notification shall be on a form designated by the Department, shall be completed as required by the instructions supplied with such forms. The information to be furnished on the form shall include but not be limited to the location and general description of such activity, the identified or listed hazardous wastes handled by such person and, if applicable, a description of the production of energy recovery activity carried out at the facility and such other information as the Department deems necessary. A generator shall file a revised or new Notification form whenever the information previously provided becomes outdated or inaccurate.

(e) Persons engaged in the following activities are required to make a separate notification:

(1) Producers of fuels from;

(i) Any hazardous waste identified or listed in R.61-79.261;

(ii) Used oil; and

(iii) Used oil and any other material.

(2) Burners (other than a single or two-family residence) for purposes of energy recovery any fuel produced as identified in paragraph 1.

(3) Distributors or marketers of any fuel as identified in paragraph 1.

(f) Every generator within the State who no longer produces any hazardous waste shall file with the Department one subsequent Notification form.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995.

SUBPART B. THE MANIFEST

262.20. General requirements.

(a)(1) A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A, according to the instructions included in the Appendix to this part.



(2) The revised manifest form and procedures in 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, 262.60, and the Appendix to 262, shall not apply until September 5, 2006. The manifest form and procedures in 260.10, 261.7, 262.20, 262.21, 262.32, 262.34, 262.54, 262.60, and the Appendix to 262, contained in the parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.

(b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(c) A generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.

(e) The requirements of this subpart do not apply to hazardous waste produced by generators of greater than 100 kg but less than 1000 kg in a calendar month where:

(1) The waste is reclaimed under a contractual agreement pursuant to which:

(i) The type of waste and frequency of shipments are specified in the agreement;

(ii) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and

(2) The generator maintains a copy of the reclamation agreement in his files for a period of at least three years after termination or expiration of the agreement.

(f) The requirements of this subpart and 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 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in 263.30 and 263.31 in the event of a discharge of hazardous waste on a public or private right-of-way.

(g) A generator shipping hazardous waste offsite must either be permitted to transport or utilize a transporter permitted pursuant to R.61-79.263. (amended 6/89; moved 12/96)

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 20, Issue No. 12, eff December 27, 1996; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007.

262.21. Manifest tracking numbers, manifest printing, and obtaining manifests.

The manifest shall be on a form designated in 262.20(a), shall be completed as required by the instructions, and must contain all of the following information: 262.21 Note: Generators are required to use EPA forms from a registered source.

(a)(1) A registrant may not print, or have printed, the manifest for use or distribution unless it has received approval from the EPA Director of the Office of Solid Waste 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 Solid Waste that contains the following information:

(1) Name and mailing address of registrant;

(2) Name, telephone number and email address of contact person;

(3) Brief description of registrant's government or business activity;

(4) EPA identification number of the registrant if applicable;

(5) Description of the scope of the operations that the registrant plans to undertake in printing, distributing, and using its manifests, including:

(i) A description of the printing operation. The description should include an explanation of whether the registrant intends to print its manifests in-house (i.e., using its own printing establishments) or through a separate (i.e., unaffiliated) printing company. If the registrant intends to use a separate printing company to print the manifest on its behalf, the application must identify this printing company and discuss how the registrant will oversee the company. If this includes the use of intermediaries (e.g., prime and subcontractor relationships), the role of each must be discussed. The application must provide the name and mailing address of each company. It also must provide the name and telephone number of the contact person at each company;

(ii) A description of how the registrant will ensure that its organization and unaffiliated companies, if any, comply with the requirements of this section. The application must discuss how the registrant will ensure that a unique manifest tracking number will be pre-printed on each manifest. The application must describe the internal control procedures to be followed by the registrant and unaffiliated companies to ensure that numbers are tightly controlled and remain unique. In particular, the application must describe how the registrant will assign manifest tracking numbers to its manifests. If computer systems or other infrastructure will be used to maintain, track, or assign numbers, these should be indicated. The application must also indicate how the printer will pre-print a unique number on each form (e.g., crash or press numbering). The application also must explain the other quality procedures to be followed by each establishment and printing company to ensure that all required print specifications are consistently achieved and that printing violations are identified and corrected at the earliest practicable time;

(iii) An indication of whether the registrant intends to use the manifests for 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 OSW of any duplicated manifest tracking numbers as soon as it 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 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) 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. The tracking number must consist of a unique three-letter suffix following nine digits.

(3) The manifest and continuation sheet must be printed on durable 8.5x11 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, and faxed, except that the marginal words indicating copy distribution must be in red ink.

(5) The manifest and continuation sheet must be printed as six 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 six copies. Copies must be bound together by one or more common stubs that reasonably ensure that they will not become detached inadvertently during normal use.

(6) Each copy of the manifest and continuation sheet must indicate how the copy must be distributed, as follows:

(i) Page 1: (top copy): "Designated facility to destination state (if required)."

(ii) Page 2: "Designated facility to generator state (if required)".

(iii) Page 3: "Designated facility to generator".

(iv) Page 4: "Designated facility's copy".

(v) Page 5: "Transporter's copy".

(vi) Page 6: (bottom copy) "Generator's initial copy."

(7) The instructions in the appendix to part 262 must appear legibly on the back of the copies of the manifest and continuation sheet as provided in this paragraph (f). The instructions must not be visible through the front of the copies when photocopied or faxed.

(i) Manifest Form 8700-22:

(A) The "Instructions for Generators" on Copy 6;

(B) The "Instructions for International Shipment Block" and "Instructions for Transporters" on Copy 5; and

(C) The "Instructions for Treatment, Storage, and Disposal Facilities" on Copy 4.

(ii) Manifest Form 8700-22A:

(A) The "Instructions for Generators" on Copy 6;

(B) The "Instructions for Transporters" on Copy 5; and

(C) The "Instructions for Treatment, Storage, and Disposal Facilities" on Copy 4.

(g)(1) A generator may use manifests printed by any source so long as the source of the printed form has received approval from EPA to print the manifest under paragraphs (c) and (e) of this section. A registered source may be a:

(i) State agency;

(ii) Commercial printer;

(iii) Hazardous waste generator, transporter or TSDF; or

(iv) Hazardous waste broker or other preparer who prepares or arranges shipments of hazardous waste for transportation.

(2) A generator must determine whether the generator state or the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under these states' authorized programs. Generators also must determine whether the consignment state or generator state requires the generator to submit any copies of the manifest to these states. In cases where the generator must supply copies to either the generator's state or the consignment state, the generator is responsible for supplying legible photocopies of the manifest to these states.

(h)(1) If an approved registrant would like to update any of the information provided in its application approved under paragraph (c) of this section (e.g., to update a company phone number or name of contact person), the registrant must revise the application and submit it to the EPA Director of the Office of Resource Conservation and Recovery, along with an indication or explanation of 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 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 approve the suffix or deny the suffix and provide an explanation why it is not acceptable.

(3) If a registrant would like to change 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 decisions 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 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 forms 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 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 into compliance by the specified date, EPA will send a second letter notifying the registrant that EPA has suspended or revoked its printing privileges. An approved registrant must provide information on its printing activities to EPA if requested.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 copies to be returned to the generator from the facility.

HISTORY: Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

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 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 (3) 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. (amended 11/90)

(d) For rail shipments of hazardous wastes within the United States which originate at the site of generation, the generator must send at least three (3) copies of the manifest dated and signed in accordance with this section to:

(1) The next nonrail transporter, if any; or

(2) The designated facility if transported solely by rail; or

(3) The last rail transporter to handle the waste within 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. (amended 11/90)

Note: See 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.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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."

HISTORY: Added by State Register Volume 31, Issue No. 2, eff February 23, 2007.

SUBPART C. PRE-TRANSPORT REQUIREMENTS

262.30. Packaging.

Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must package the waste in accordance with the applicable Federal Department of Transportation regulations on packaging under 49 CFR Parts 173, 178, and 179 and the S.C. Public Service Commissions.

262.31. Labeling.

Before transporting or offering hazardous waste for transportation offsite, a generator must label each package in accordance with the applicable S. C. Public Service Commission regulations and Federal Department of Transportation regulations on hazardous materials under 49 CFR Part 172.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

262.32. Marking.

(a) Before transporting or offering hazardous waste for transportation offsite, a generator must mark each package of hazardous waste in accordance with the applicable S. C. Public Service Commission regulations and Federal Department of Transportation regulations on hazardous materials under 49 CFR Part 172;

(b) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must mark each container of 119 gallons or less used in such transportation with the following words and information in accordance with the requirements of 49 CFR 172.304.

HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator's Name and Address __________

Generator's EPA Identification Number __________

Manifest Tracking Number __________

HISTORY: Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

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 and the S. C. Public Service Commission. If placards are not required a generator must mark each motor vehicle according to 49 CFR 171.3(b)(1).

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 31, Issue No. 2, eff February 23, 2007.

262.34. Accumulation time.

(a) Except as provided in paragraphs (d), and (f) of this section, a generator may accumulate hazardous waste onsite for 90 days or less without a permit or without having interim status, provided that: (5/93)

(1) The waste is placed:

(i) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of 265; and/or

(ii) In tanks and the generator complies with the applicable requirements of subparts J, AA, BB, and CC of 265 except 265.197(c) and 265.200; and/or

(iii) On drip pads and the generator complies with subpart W of 265 and maintains the following records at the facility:

(A) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and/or

(iv) In containment buildings and the generator complies with subpart DD of 265, has placed its professional engineer certification that the building complies with the design standards specified in 265.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:

(A) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or

(B) Documentation that the unit is emptied at least once every 90 days.

(v) In addition, such a generator is exempt from all the requirements in subparts G and H of R.61-79.265, except for 265.111 and 265.114.

(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.

(3) While being accumulated onsite, each container and tank is labeled or marked clearly with the EPA Hazardous Waste Number and the words: "Hazardous Waste--federal laws prohibit improper disposal."

(4) The generator complies with the requirements for owners or operators in subparts C and D in R.61-79.265, with 265.15(d) and 265.16, and with all applicable requirements under part 268.

(5) A generator may not stack containers of hazardous waste more than two containers high without first obtaining written approval from the Department. This requirement will become effective 90 days after publication in the State Register.

(b) A generator who accumulates 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than 1 kilogram of acute hazardous waste listed in 261.31 or 261.33(e) in a calendar month, who accumulates hazardous waste or acute hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of parts 264 and 265, and the permit requirements of 270 unless he has been granted an extension to the 90-day period. Such extension may be granted by the Department if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(c)(1) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in 261.31 or 261.33(e) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with paragraph (a) or (d) of this section provided he:

(i) Complies with R.61-79.265 Sections 265.171, 265.172, and 265.173(a) of these Regulations; and

(ii) Marks his containers either with the words: "HAZARDOUS WASTE" or with other words that identify the contents of the container.

(iii) Complies with R.61-79.265.16(a) (1) and (d)(4). The requirements of R.61-79.265.16(a) must be repeated as necessary when there is a change in the hazardous waste being accumulated.

(2) A generator who accumulates either hazardous waste or acutely hazardous waste listed in 261.31 or 261.33(e) in excess of the amounts listed in paragraph (c)(1) of this section at or near any point of generation must, with respect to that amount of excess waste, comply within three days with paragraph (a) of this section or other applicable provisions. During the three-day period the generator must continue to comply with paragraphs (c)(1)(i) and (ii) of this section. The generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month may accumulate hazardous waste onsite for 180 days or less without a permit or without having interim status [see 262.40(e)] provided that: (amended 6/89)

(1) The quantity of waste accumulated onsite never exceeds 6000 kilograms;

(2) The generator complies with the requirements of subpart I of R.61-79.265, except 265.175, .176, and 178.

(3) The generator complies with the requirements of Subpart J, R.61-79.265.201.

(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this section, the requirements of subpart C of R.61-79.265, the requirements of all applicable requirements under part 268; and

(5) The generator complies with the following requirements:

(i) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator. (amended 11/90)

(ii) The generator must post the following information next to the telephone:

(A) The name and telephone number of the emergency coordinator;

(B) Location of fire extinguishers and spill control material, and if present, fire alarm; and

(C) The telephone number of the fire department, unless the facility has a direct alarm.

(iii) The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies:

(iv) The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:

(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;

(B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;

(C) In the event of a fire, explosion, other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424-8802) and the Department emergency response number 803/253-6488. The report must include the following information:

1. The name, address, and U.S. EPA Identification Number of the generator;

2. Date, time, and type of incident (i.e., 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.

(6) The generator complies with R.61-79.262.34(c) except for 262.34(c)(1)(iii).

(e) [Reserved]

(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding 6000 kilograms or accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of R.61-79.264 and R.61-79.265 and the permit requirements of R.61-79.270 unless he has been granted an extension to the 180-day period. Such extension may be granted by the Department if hazardous wastes must remain onsite for longer than 180 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(g) A generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that:

(1) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;

(2) The F006 waste is legitimately recycled through metals recovery;

(3) No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time; and

(4) The F006 waste is managed in accordance with the following:

(i) The F006 waste is placed:

(A) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of part 265; and/or

(B) In tanks and the generator complies with the applicable requirements of subparts J, AA, BB, and CC of part 265, except 265.197(c) and 265.200; and/or 262.34(g)(4)(i)(C)

(C) In containment buildings and the generator complies with subpart DD of part 265, and has placed its professional engineer certification that the building complies with the design standards specified in 265.1101 in the facility's operating record prior to operation of the unit. The owner or operator must maintain the following records at the facility:

(1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the generator is complying with the procedures; or

(2) Documentation that the unit is emptied at least once every 180 days.

(ii) In addition, such a generator is exempt from all the requirements in subparts G and H of part 265, except for 265.111 and 265.114.

(iii) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;

(iv) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste;" and

(v) The generator complies with the requirements for owners or operators in subparts C and D in part 265, with 265.16, and with 268.7(a)(5).

(h) [Reserved]

(i) A generator accumulating F006 in accordance with paragraphs (g) and (h) of this section who accumulates F006 waste on-site for more than 180 days, or 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 parts 264 and 265 and the permit requirements of part 270 unless the generator has been granted an extension to the 180-day period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted if F006 waste must remain on-site for longer than 180 days 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 Bureau on a case-by-case basis.

(j) [Reserved]

(k) [Reserved]

(l) [Reserved]

(m) A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 264.72 or 265.72 of this chapter may accumulate the returned waste on-site in accordance with paragraphs (a) and (b) or (d), (e) and (f) of this section, depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:

(1) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 3, eff March 23, 2012; State Register Volume 36, Issue No. 9, eff September 28, 2012.

SUBPART D. RECORDKEEPING AND REPORTING

262.40. Recordkeeping.

(a) A generator must keep a copy of each manifest signed in accordance with section 262.23(a) onsite 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 Quarterly Report and Exception Report onsite for a period of at least three years from the due date of the report as set by the Department.

(c) A generator must keep records onsite of any test results, waste analyses, or other determinations made in accordance with R.61-79.262.11 for at least three years from the date that the waste was last sent to onsite or offsite treatment, storage, or disposal.

(d) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

(e) [Reserved]

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

262.41. Quarterly reporting.

(a) Each generator of more than 1000 kg/mo of hazardous waste who ships any hazardous waste offsite to a treatment, storage or disposal facility within the United States must prepare and, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information unless otherwise indicated (amended 11/90).

(1) The EPA identification number, name, and address of the generator;

(2) The calendar quarter covered by the report;

(3) The EPA identification number, name, and address for each offsite treatment, storage, or disposal facility in the United States to which waste was shipped during the quarter.

(4) The name and EPA identification number of each transporter used during the reporting quarter for shipments to a treatment, storage or disposal facility within the United States;

(5) A description, the EPA hazardous waste number [from R.61-79.261 Subpart C or D], DOT hazardous class, and quantity of each hazardous waste shipped offsite for shipments to a treatment, storage, or disposal facility within the United States. This information must be listed by the EPA identification number of each such facility to which waste was shipped.

(6) The types and quantities of such wastes shipped for offsite treatment and disposal;

(7) The types and quantities of such wastes remaining in storage at the end of the reporting period; and

(8) Certification of information signed by the generator or his authorized representative.

(b) Any generator must submit the information required by paragraph (a) on a form designated by the Department and according to the instructions included with such form. Reporting for exports of hazardous waste is not required on the Report form. A separate annual report requirement is set forth at 262.56.

(c) [moved to 262.45 12/93]

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 25, Issue No. 10, eff October 26, 2001.

262.42. Exception reporting.

(a)(1) A generator with 1000 kilograms or greater 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 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 1000 kilograms or greater of hazardous waste in a calendar month must submit an Exception Report to the Agency if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

(i) A legible copy of the manifest for which the generator does not have confirmation of delivery;

(ii) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(b) A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Agency. (12/92)

Note: The submission 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. (12/92)

(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 264.72(e)(1) through (6) or 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.

Note: The submission to the Department 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.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.43. Additional reporting.

(a) Any generator within the State who treats or disposes or stores hazardous wastes onsite for more than ninety (90) days shall also comply with the reporting requirements of R.61-79.264.75 or R.61-79.265.75.

(b) The Department may require, as deemed necessary, generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in R.61-79.261.

(c) With the fourth quarter's report, a description of the efforts undertaken during the year to reduce the volume and toxicity of wastes generated;

(d) With the fourth quarter's report, a description of the changes in volume and toxicity of wastes actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.

262.44. Special requirements for generators of between 100 and 1000 kg/mo.

A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month is subject only to the following requirements of this Subpart:

(a) Section 262.40(a), (c), and (d), recordkeeping;

(b) Annual declaration: must declare status annually on or before January 31 by submission of a completed form as designated by the Department on which he certifies that he is a small quantity generator and provisionally exempt from full regulation and that should his status change during the calendar year he will comply fully with all requirements including quarterly reporting; (amended 6/89, 11/90; edited and moved 12/92 from 261.5(k))

(c) Section 262.42, exception reporting; and

(d) Section 262.43, additional reporting.

HISTORY: Added by State Register Volume 13, Issue No. 6, eff June 23, 1989. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

262.45. Hazardous waste contingency fund fees.

The Department will notify each in-State generator the fee to be paid for his wastes which are land filled or other means of land disposal in this State. A check made payable to the Department [See Section 44-56-170 and Section 44-56-510] of fees of $34.00 per ton of hazardous waste and $13.70 per ton of nonhazardous wastes. $10 per ton of hazardous waste incinerated must be paid to the facility receiving the waste and remitted to the Department. (moved 12/93 from 262.41(c))

HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.

SUBPART E. SPECIAL CONDITIONS-EXPORTS OF HAZARDOUS WASTE

262.50. Applicability.

This subpart establishes requirements applicable to exports of hazardous waste. Except to the extent Section 262.58 provides otherwise, a primary exporter of hazardous waste must comply with the special requirements of this subpart and a transporter transporting hazardous waste for export must comply with applicable requirements of R.61-79.263. Section 262.58 sets forth the requirements of international agreements between the United States and receiving countries which establish different notice, export, and enforcement procedures for the transportation, treatment, storage and disposal of hazardous waste for shipments between the United States and those countries.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990.

262.51. Definitions.

In addition to the definitions set forth at R.61-79.260.10, the following definitions apply to this subpart:

"Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.

"EPA Acknowledgment of Consent" means the cable sent to EPA and to the Department from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.

"Primary Exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with R.61-79.262, Subpart B, which specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

"Receiving Country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation).

"Transit Country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990.

262.52. General requirements.

Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this Subpart and R.61-79.263. Exports of hazardous waste are prohibited unless:

(a) Notification in accordance with Section 262.53 has been provided;

(b) The receiving country has consented to accept the hazardous waste;

(c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest [or shipping paper for exports by water (bulk shipment)].

(d) The hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA Acknowledgment of Consent.

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

262.53. Notification of intent to export.

(a) A primary exporter in this State of hazardous waste must notify EPA and the Department of an intended export before such waste is scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped offsite. This notification may cover export activities extending over a twelve (12) month or lesser period. The notification must be in writing, signed by the primary exporter, and include the following information:

(1) Name, mailing address, telephone number and EPA ID number of the primary exporter;

(2) By consignee, for each hazardous waste type:

(i) A description of the hazardous waste and the EPA hazardous waste number (from R.61-79.261, Subparts C and D), U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous waste, as identified in 49 CFR Part 171-177.

(ii) The estimated frequency or rate at which such waste is to be exported and the period of time over which such waste is to be exported.

(iii) The estimated total quantity of the hazardous waste in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form (8700-12 DHEC);

(iv) All points of entry to and departure from each foreign country through which the hazardous waste will pass;

(v) A description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.);

(vi) A description of the manner in which the hazardous waste will be treated, stored or disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, ocean dumping, recycling);

(vii) The name and site address of the consignee and any alternate consignee; and

(viii) The name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in such country and the nature of its handling while there;

(b) Notifications submitted by mail should be sent to the following mailing address: Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Federal Activities, International Compliance Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St., and Pennsylvania Ave., NW., Washington, DC, 20004. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export." (revised 12/93)

(c) Except for changes to the telephone number in paragraph(a)(1) of this section, changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter must provide EPA and the Department with a written renotification of the change. The shipment cannot take place until consent of the receiving country to the changes (except for changes to paragraph(a)(2)(viii)of this section and in the ports of entry to and departure from transit countries pursuant to paragraph (a)(2)(iv)of this section) has been obtained and the primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's consent to the changes.

(d) Upon request by either EPA or the Department, a primary exporter shall furnish to EPA and the Department any additional information which a receiving country requests in order to respond to a notification.

(e) In conjunction with the Department of State, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA and the Department receives a notification which EPA determines satisfies the requirements of paragraph (a) of this section. Where a claim of confidentiality is asserted with respect to any notification information required by paragraph (a) of this section, EPA may find the notification not complete until any such claim is resolved in accordance with R.61-79.260.2.

(f) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA Acknowledgment of Consent to the primary exporter for purposes of Section 262.54(h). Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing, EPA will also notify the primary exporter of any responses from transit countries.

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff. September 25, 1998.

262.54. Special manifest requirements.

A primary exporter must comply with the manifest requirements of Sections 262.20 through 262.23 except that:

(a) In lieu of the name, site address and EPA ID number of the designated permitted facility, the primary exporter must enter the name and site address of the consignee;

(b) In lieu of the name, site address and EPA ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.

(c) In the International Shipments block, the primary exporter must check the export box and enter the point of exit (city and state) from the United States.

(d) The following statement must be added to the end of the first sentence of the certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: "and conforms to the terms of the attached EPA Acknowledgment of Consent";

(e) The primary exporter may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).

(f) The primary exporter must require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in 264.72(a)) between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste.

(g) In lieu of the requirements of Section 262.20(d), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must:

(1) Renotify EPA and the Department of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with Section 262.53(c) and obtain an EPA Acknowledgment of Consent prior to delivery; or

(2) Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and

(3) Instruct the transporter to revise the manifest in accordance with the primary exporter's instructions.

(h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent to the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter must provide the transporter with an EPA Acknowledgment of Consent which must accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter must attach the copy of the EPA Acknowledgment of Consent to the shipping paper.

(i) The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with R.61-79.263.20(g)(4).

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 31, Issue No. 2, eff February 23, 2007.

262.55. Exception reports.

In lieu of the requirements of 262.42, a primary exporter must file an exception report with the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, if any of the following occurs:

(a) He has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within forty-five (45) days from the date it was accepted by the initial transporter;

(b) Within ninety (90) days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received;

(c) The waste is returned to the United States.

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.56. Annual reports.

(a) Primary exporters of hazardous waste shall file with the EPA Administrator and the Department no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. Such reports shall include the following:

(1) The EPA identification number, name, and mailing and site address of the exporter;

(2) The calendar year covered by the report;

(3) The name and site address of each consignee;

(4) By consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number from part 261, subpart C or D), DOT hazard class, the name and US EPA ID number (where applicable) for each transporter used, the total amount of waste shipped and number of shipments pursuant to each notification;

(5) Except for hazardous waste produced by exporters of greater than 100 kilograms but less than 1000 kilograms in a calendar month, unless provided pursuant to 262.41 (quarterly reporting), in even numbered years: (amended 6/89)

(i) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and

(ii) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.

(6) A certification signed by the primary exporter which states:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.

(b) Reports shall be sent to the following mailing addresses: Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460 and the Bureau of Land and Waste Management, Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201. (amended 11/90; 12/93)

HISTORY: Added by State Register Volume 11, Issue No. 11, effective November 27, 1987. Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

262.57. Recordkeeping.

(a) For all exports a primary exporter must:

(1) Keep a copy of each notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;

(2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;

(3) Keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and

(4) Keep a copy of each annual report for a period of at least three years from the due date of the report.

(b) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the EPA Administrator or the Department.

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987.

262.58. International agreements.

(a) Any person who exports or imports wastes that are considered hazardous under U.S. national procedures to or from designated Member countries of the Organization for Economic Cooperation and Development (OECD) as defined in paragraph (a)(1) of this section for purposes of recovery is subject to subpart H of this part. The requirements of subparts E and F of this part do not apply to such exports and imports. A waste is considered hazardous under U.S. national procedures if the waste meets the Federal definition of hazardous waste in part 261.3 and is subject to either the Federal RCRA manifesting requirements at part 262, subpart B, the universal waste management standards of part 273, state requirements analogous to part 273, the export requirements in the spent lead-acid battery management standards of part 266, subpart G or state requirements analogous to the export requirements of part 266, subpart G.

(1) For the purposes of Subpart H, the designated OECD countries consist of Australia, Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Slovak Republic, the Republic of Korea, Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the United States.

(2) For the purposes of this Subpart, Canada and Mexico are considered OECD member countries only for the purpose of transit.

(b) Any person who exports hazardous waste to or imports hazardous waste from: a designated OECD Member country for purposes other than recovery (e.g., incineration, disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the requirements of subparts E and F of this part and is not subject to the requirements of subpart H of this part.

HISTORY: Amended by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 36, Issue No. 9, eff September 28, 2012.

SUBPART F. IMPORTS OF HAZARDOUS WASTE

262.60. Imports of hazardous waste.

(a) Any person who imports hazardous waste from a foreign country into this State must comply with the requirements of these Regulations and the special requirements of this subpart.

(b) When importing hazardous waste, a person must meet all the requirements of 262.20 for the manifest except that:

(1) In place of the generator's name, address and EPA identification number, the name and address of the foreign generator and the importer's name, address and EPA identification number must be used.

(2) In place of the generator's signature on the certification statement, the U.S. importer or his agent must sign and date the certification and obtain the signature of the initial transporter.

(c) A person who imports hazardous waste may obtain the manifest form from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).

(d) In the International Shipments block, the importer must check the import box and enter the point of entry (city and state) into the United States.

(e) The importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with 264.71(a)(3) and 265.71(a)(3) of this chapter.

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

SUBPART G. FARMERS

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 regulation or other standards in R.61-79.270, R.61-79.264, R.61-79.265 or R.61-79.268 for those wastes provided he triple rinses each emptied pesticide container in accordance with R.61-79.261.7(b)(3) and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label.

HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

SUBPART H. TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD

262.80. Applicability.

(a) The requirements of this subpart apply to imports and exports of wastes that are considered hazardous under U.S. national procedures and are destined for recovery operations in the countries listed in 262.58(a)(1). A waste is considered hazardous under U.S. national procedures if the waste:

(1) Meets the federal definition of hazardous waste in 40 CFR 261.3; and

(2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR part 262, subpart B, the universal waste management standards of part 273, State requirements analogous to part 273, the export requirements in the spent lead-acid battery management standards of part 266, subpart G, or State requirements analogous to the export requirements in part 266, subpart G.

(b) Any person (exporter, importer, or recovery facility operator) who mixes two or more wastes (including hazardous and nonhazardous wastes) or otherwise subjects two or more wastes (including hazardous and nonhazardous 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.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.81. Definitions.

The following definitions apply to this subpart.

"Competent authority" means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes destined for recovery operations.

"Countries concerned" means the OECD member countries of export or import and any OECD member countries of transit.

"Country of export" means any designated OECD Member country listed in 262.58(a)(1) from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.

"Country of import" means any designated OECD Member country listed in 262.58(a)(1) to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery operations therein.

"Country of transit" means any designated OECD Member country listed in 262.58(a)(1) and (a)(2) other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.

"Exporter" means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the wastes and who proposes transboundary movement of the hazardous wastes for the ultimate purpose of submitting them to recovery operations. When the United States (U.S.) is the country of export, exporter is interpreted to mean a person domiciled in the United States.

"Importer" means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the country of import.

"OECD" means the Organization for Economic Cooperation and Development.

"OECD area" means all land or marine areas under the national jurisdiction of any OECD Member country listed in 262.58. When the regulations refer to shipments to or from an OECD country, this means OECD area.

"Recognized trader" means a person who, with appropriate authorization of countries concerned, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person may act to arrange and facilitate transboundary movements of wastes destined for recovery operations.

"Recovery facility" means a facility which, under applicable domestic law, is operating or is authorized to operate in the country of import to receive wastes and to perform recovery operations on them.

"Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct reuse or alternative uses which include:

R1 Use as a fuel (other than in direct incineration) or other means to generate energy

R2 Solvent reclamation/regeneration

R3 Recycling/reclamation of organic substances which are not used as solvents

R4 Recycling/reclamation of metals and metal compounds

R5 Recycling/reclamation of other inorganic materials

R6 Regeneration of acids or bases

R7 Recovery of components used for pollution abatement.

R8 Recovery of components used from catalysts

R9 Used oil rerefining or other reuses of previously used oil

R10 Land treatment resulting in benefit to agriculture or ecological improvement

R11 Uses of residual materials obtained from any of the operations numbered R1 to R10

R12 Exchange of wastes for submission to any of the operations numbered R1 to R11

R13 Accumulation of material intended for any operation numbered R1-R12.

"Transboundary movement" means any movement of wastes from an area under the national jurisdiction of one OECD Member country to an area under the national jurisdiction of another OECD Member country.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.82. General conditions.

(a) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to either a list of wastes subject to the Green control procedures or a list of wastes subject to the Amber control procedures and by the national procedures of the United States, as defined in 262.80(a). The OECD Green and Amber lists are incorporated by reference in 262.89(d)

(1) Listed wastes subject to the Green control procedures.

(i) Green wastes that are not considered hazardous under U.S. national procedures as defined in 262.80(a) are subject to existing controls normally applied to commercial transactions.

(ii) Green wastes that are considered hazardous under U.S. national procedures as defined in 262.80(a) are subject to the Amber control procedures set forth in this subpart.

(2) Listed wastes subject to the Amber control procedures.

(i) Amber wastes that are considered hazardous under U.S. national procedures as defined in 262.80(a) are subject to the Amber control procedures set forth in this subpart.

(ii) Amber wastes that are considered hazardous under U.S. national procedures as defined in 262.80(a), are subject to the Amber control procedures in the United States, even if they are imported to or exported from a designated OECD Member country listed in 262.58(a)(1) that does not consider the waste to be hazardous. In such an event, the responsibilities of the Amber control procedures shift as provided:

(A) For U.S. exports, the United States shall issue an acknowledgement of receipt and assume other responsibilities of the competent authority of the country of import.

(B) For U.S. imports, the U.S. recovery facility/importer and the United States shall assume the obligations associated with the Amber control procedures that normally apply to the exporter and country of export, respectively.

(iii) Amber wastes that are not considered hazardous under U.S. national procedures as defined in 262.80(a), but are considered hazardous by an OECD Member country are subject to the Amber control procedures in the OECD Member country that considers the waste hazardous. All responsibilities of the U.S. importer/exporter shift to the importer/exporter of the OECD Member country that considers the waste hazardous unless the parties make other arrangements through contracts.

Note to paragraph (a)(2): Some wastes subject to the Amber control procedures are not listed or otherwise identified as hazardous under RCRA, and therefore are not subject to the Amber control procedures of this subpart. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes (e.g., the Toxic Substances Control Act) restrict certain waste imports or exports. Such restrictions continue to apply with regard to this Subpart.

(3) Procedures for mixtures of wastes.

(i) A Green waste that is mixed with one or more other Green wastes such that the resulting mixture is not considered hazardous under U.S. national procedures as defined in 262.80(a) shall be subject to the Green control procedures, provided the composition of this mixture does not impair its environmentally sound recovery.

Note to Paragraph (a)(3)(i): The regulated community should note that some OECD Member countries may require, by domestic law, that mixtures of different Green wastes be subject to the Amber control procedures.

(ii) A Green waste that is mixed with one or more Amber wastes, in any amount, de minimis or otherwise, or a mixture of two or more Amber wastes, such that the resulting waste mixture is considered hazardous under U.S. national procedures as defined in 262.80(a) are subject to the Amber control procedures, provided the composition of this mixture does not impair its environmentally sound recovery.

Note to Paragraph (a)(3)(ii): the regulated community should note that some OECD Member countries may require, by domestic law, that a mixture of a Green waste and more than a de minimis amount of an Amber waste or a mixture of two or more Amber wastes be subject to the Amber control procedures.

(4) Wastes not yet assigned to an OECD waste list are eligible for transboundary movements, as follows:

(i) If such wastes are considered hazardous under U.S. national procedures as defined in 262.80(a), such wastes are subject to the Amber control procedures.

(ii) If such wastes are not considered hazardous under U.S. national procedures as defined in 262.80(a), such wastes are subject to the Green control procedures.

(b) General conditions applicable to transboundary movements of hazardous waste.

(1) The waste must be destined for recovery operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the importing country;

(2) The transboundary movement must be in compliance with applicable international transport agreements; and the transboundary movement must be in compliance with applicable international transport agreements; and

(3) Any transit of waste through a non-OECD member country must be conducted in compliance with all applicable international and national laws and regulations.

(c) Provisions relating to re-export for recovery to a third country.

(1) Re-export of wastes subject to the Amber control procedures from the U.S., as the country of import, to a third country listed in 262.58(a)(1) may occur only after an exporter in the United States provides notification to and obtains consent from the competent authorities in the third country, the original country of export, and any transit countries. The notification must comply with the notice and consent procedures in 262.83 for all countries concerned and the original country of export. The competent authorities of the original country of export as well as the competent authorities of all other countries concerned have thirty (30) days to object to the proposed movement.

(i) The thirty (30) day period begins once the competent authorities of both the initial country of export and new country of import issue Acknowledgments of Receipt of the notification.

(ii) The transboundary movement may commence if no objection has been lodged after the thirty (30) day period has passed or immediately after written consent is received from all relevant OECD importing and transit countries.

(2) In the case of re-export of Amber wastes to a country other than those listed in 262.58(a)(1), notification to and consent of the competent authorities of the original OECD Member country of export and any OECD Member countries of transit is required as specified in paragraph (c)(1) of this section, in addition to compliance with all international agreements and arrangements to which the first importing OECD Member country is a party and all applicable regulatory requirements for exports from the first country of import.

(d) Duty to return or re-export wastes subject to the Amber control procedures. When a transboundary movement of wastes subject to the Amber control procedures cannot be completed in accordance with the terms of the contract or the consent(s) and alternative arrangements cannot be made to recover the waste in an environmentally sound manner in the country of import, the waste must be returned to the country of export or re-exported to a third country. The provisions of paragraph (c) of this section apply to any shipments to be re-exported to a third country. The following provisions apply to shipments to be returned to the country of export as appropriate:

(1) Return from the United States to the country of export: The U.S. importer must inform EPA at the specified address in 262.83(b)(1)(i) of the need to return the shipment. EPA will then inform the competent authorities of the countries of export and transit, citing the reason(s) for returning the waste. The U.S. importer must complete the return within ninety (90) days from the time EPA informs the country of export of the need to return the waste, unless informed in writing by EPA of another timeframe agreed to by the concerned Member countries. If the return shipment will cross any transit country, the return shipment may only occur after EPA provides notification to and obtains consent from the competent authority of the country of transit, and provides a copy of that consent to the U.S. importer.

(2) Return from the country of import to the United States: The U.S. exporter must provide for the return of the hazardous waste shipment within ninety (90) days from the time the country of import informs EPA of the need to return the waste or such other period of time as the concerned Member countries agree. The U.S. exporter must submit an exception report to EPA in accordance with 262.87(b).

(e) Duty to return wastes subject to the Amber control procedures from a country of transit. When a transboundary movement of wastes subject to the Amber control procedures does not comply with the requirements of the notification and movement documents or otherwise constitutes illegal shipment, and if alternative arrangements cannot be made to recover these wastes in an environmentally sound manner, the waste must be returned to the country of export. The following provisions apply as appropriate:

(1) Return from the United States (as country of transit) to the country of export: The U.S. transporter must inform EPA at the specified address in 262.83(b)(1)(i) of the need to return the shipment. EPA will then inform the competent authority of the country of export, citing the reason(s) for returning the waste. The U.S. transporter must complete the return within ninety (90) days from the time EPA informs the country of export of the need to return the waste, unless informed in writing by EPA of another timeframe agreed to by the concerned Member countries.

(2) Return from the country of transit to the United States (as country of export): The U.S. exporter must provide for the return of the hazardous waste shipment within ninety (90) days from the time the competent authority of the country of transit informs EPA of the need to return the waste or such other period of time as the concerned Member countries agree. The U.S. exporter must submit an exception report to EPA in accordance with 262.87(b).

(f) Requirements for wastes destined for and received by R12 and R13 facilities. The transboundary movement of wastes destined for R12 and R13 operations must comply with all Amber control procedures for notification and consent as set forth in 262.83 and for the movement document as set forth in 262.84. Additional responsibilities of R12/R13 facilities include:

(1) Indicating in the notification document the foreseen recovery facility or facilities where the subsequent R1-R11 recovery operation takes place or may take place.

(2) Within three (3) days of the receipt of the wastes by the R12/R13 recovery facility or facilities, the facility(ies) shall return a signed copy of the movement document to the exporter and to the competent authorities of the countries of export and import. The facility(ies) shall retain the original of the movement document for three (3) years.

(3) As soon as possible, but no later than thirty (30) days after the completion of the R12/R13 recovery operation and no later than one (1) calendar year following the receipt of the waste, the R12 or R13 facility(ies) shall send a certificate of recovery to the foreign exporter and to the competent authority of the country of export and to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460, by mail, e-mail without digital signature followed by mail, or fax followed by mail.

(4) When an R12/R13 recovery facility delivers wastes for recovery to an R1-R11 recovery facility located in the country of import, it shall obtain as soon as possible, but no later than one (1) calendar year following delivery of the waste, a certification from the R1-R11 facility that recovery of the wastes at that facility has been completed. The R12/R13 facility must promptly transmit the applicable certification to the competent authorities of the countries of import and export, identifying the transboundary movements to which the certification pertain.

(5) When an R12/R13 recovery facility delivers wastes for recovery to an R1-R11 recovery facility located:

(i) In the initial country of export, Amber control procedures apply, including a new notification;

(ii) In a third country other than the initial country of export, Amber control procedures apply, with the additional provision that the competent authority of the initial country of export shall also be notified of the transboundary movement.

(g) Laboratory analysis exemption. The transboundary movement of an Amber waste is exempt from the Amber control procedures if it is in certain quantities and destined for laboratory analysis to assess its physical or chemical characteristics, or to determine its suitability for recovery operations. The quantity of such waste shall be determined by the minimum quantity reasonably needed to perform the analysis in each particular case adequately, but in no case exceed twenty-five kilograms (25 kg). Waste destined for laboratory analysis must still be appropriately packaged and labeled.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.83. Notification and consent.

(a) Applicability. Consent must be obtained from the competent authorities of the relevant OECD countries of import and transit prior to exporting hazardous waste destined for recovery operations subject to this subpart. Hazardous wastes subject to the Amber control procedures are subject to the requirements of paragraph (b) of this section; and wastes not identified on any list are subject to the requirements of paragraph (c) of this section.

(b) Amber wastes. Exports of hazardous wastes from the United States as described in 262.80(a) that are subject to the Amber control procedures are prohibited unless the notification and consent requirements of paragraph (b)(1) or paragraph (b)(2) of this section are met.

(1) Transactions requiring specific consent:

(i) Notification. At least forty-five (45) days prior to commencement of each transboundary movement, the exporter must provide written notification in English of the proposed transboundary movement to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, with the words "Attention: OECD Export Notification" prominently displayed on the envelope. This notification must include all of the information identified in paragraph (d) of this section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, the same RCRA waste codes, and are to be sent periodically to the same recovery facility by the same exporter, the exporter may submit one general notification of intent to export these wastes in multiple shipments during a period of up to one (1) year. Even when a general notification is used for multiple shipments, each shipment still must be accompanied by its own movement document pursuant to 262.84.

(ii) Tacit consent. If no objection has been lodged by any countries concerned (i.e., exporting, importing, or transit) to a notification provided pursuant to paragraph (b)(1)(i) of this section within thirty (30) days after the date of issuance of the Acknowledgement of Receipt of notification by the competent authority of the country of import, the transboundary movement may commence. Tacit consent expires one (1) calendar year after the close of the thirty (30) day period; renotification and renewal of all consents is required for exports after that date.

(iii) Written consent. If the competent authorities of all the relevant OECD importing and transit countries provide written consent in a period less than thirty (30) days, the transboundary movement may commence immediately after all necessary consents are received. Written consent expires for each relevant OECD importing and transit country one (1) calendar year after the date of that country's consent unless otherwise specified; renotification and renewal of each expired consent is required for exports after that date.

(2) Transboundary movements to facilities pre-approved by the competent authorities of the importing countries to accept specific wastes for recovery:

(i) Notification. The exporter must provide EPA a notification that contains all the information identified in paragraph (d) of this section in English, at least ten (10) days in advance of commencing shipment to a pre-approved facility. The notification must indicate that the recovery facility is pre-approved, and may apply to a single specific shipment or to multiple shipments as described in paragraph (b)(1)(i) of this section. This information must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, with the words "OECD Export Notification-Pre-approved Facility" prominently displayed on the envelope. General notifications that cover multiple shipments as described in paragraph (b)(1)(i) of this section may cover a period of up to three (3) years. Even when a general notification is used for multiple shipments, each shipment still must be accompanied by its own movement document pursuant to 262.84.

(ii) Exports to pre-approved facilities may take place after the elapse of seven (7) working days from the issuance of an Acknowledgement of Receipt of the notification by the competent authority of the country of import unless the exporter has received information indicating that the competent authority of any countries concerned objects to the shipment.

(c) Wastes not covered in the OECD Green and Amber lists. Wastes destined for recovery operations, that have not been assigned to the OECD Green and Amber lists, incorporated by reference in 262.89(d), but which are considered hazardous under U.S. national procedures as defined in 262.80(a), are subject to the notification and consent requirements established for the Amber control procedures in accordance with paragraph (b) of this section. Wastes destined for recovery operations, that have not been assigned to the OECD Green and Amber lists incorporated by reference in 262.89(d), and are not considered hazardous under U.S. national procedures as defined by 262.80(a) are subject to the Green control procedures.

(d) Notifications submitted under this section must include the information specified in paragraphs (d)(1) through (d)(14) of this section:

(1) Serial number or other accepted identifier of the notification document;

(2) Exporter name and EPA identification number (if applicable), address, telephone, fax numbers, and e-mail address;

(3) Importing recovery facility name, address, telephone, fax numbers, e-mail address, and technologies employed;

(4) Importer name (if not the owner or operator of the recovery facility), address, telephone, fax numbers, and e-mail address; whether the importer will engage in waste exchange recovery operation R12 or waste accumulation recovery operation R13 prior to delivering the waste to the final recovery facility and identification of recovery operations to be employed at the final recovery facility;

(5) Intended transporter(s) and/or their agent(s); address, telephone, fax, and e-mail address;

(6) Country of export and relevant competent authority, and point of departure;

(7) Countries of transit and relevant competent authorities and points of entry and departure;

(8) Country of import and relevant competent authority, and point of entry;

(9) Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested;

(10) Date(s) foreseen for commencement of transboundary movement(s);

(11) Means of transport envisaged;

(12) Designation of waste type(s) from the appropriate OECD list incorporated by reference in 262.89(d), description(s) of each waste type, estimated total quantity of each, RCRA waste code, and the United Nations number for each waste type;

(13) Specification of the recovery operation(s) as defined in 262.81.

(14) Certification/Declaration signed by the exporter that states:

I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantees are or shall be in force covering the transboundary movement.

Name: __________

Signature: __________

Date: __________

Note to Paragraph (d)(14): The United States does not currently require financial assurance for these waste shipments. However, U.S. exporters may be asked by other governments to provide and certify to such assurance as a condition of obtaining consent to a proposed movement.

(e) Certificate of Recovery. As soon as possible, but no later than thirty (30) days after the completion of recovery and no later than one (1) calendar year following receipt of the waste, the U.S. recovery facility shall send a certificate of recovery to the exporter and to the competent authorities of the countries of export and import by mail, e-mail without a digital signature followed by mail, or fax followed by mail. The certificate of recovery shall include a signed, written and dated statement that affirms that the waste materials were recovered in the manner agreed to by the parties to the contract required under 262.85.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.84. Movement document.

(a) All U.S. parties subject to the contract provisions of 262.85 must ensure that a movement document meeting the conditions of paragraph (b) of this section accompanies each transboundary movement of wastes subject to the Amber control procedures from the initiation of the shipment until it reaches the final recovery facility, including cases in which the waste is stored and/or sorted by the importer prior to shipment to the final recovery facility, except as provided in paragraphs (a)(1) and (2) of this section.

(1) For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must forward the movement document with the manifest to the last water (bulk shipment) transporter to handle the waste in the United States if exported by water, (in accordance with the manifest routing procedures at 262.23(c)).

(2) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must forward the movement document with the manifest (in accordance with the routing procedures for the manifest in 262.23(d)) to the next non-rail transporter, if any, or the last rail transporter to handle the waste in the United States if exported by rail.

(b) The movement document must include all information required under 262.83 (for notification), as well as the following paragraphs (b)(1) through (b)(7) of this section:

(1) Date movement commenced;

(2) Name (if not exporter), address, telephone, fax numbers, and e-mail of primary exporter;

(3) Company name and EPA ID number of all transporters;

(4) Identification (license, registered name or registration number) of means of transport, including types of packaging envisaged;

(5) Any special precautions to be taken by transporter(s);

(6) Certification/declaration signed by the exporter that no objection to the shipment has been lodged, as follows:

I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are or shall be in force covering the transboundary movement, and that:

1. All necessary consents have been received; OR

2. The shipment is directed to a recovery facility within the OECD area and no objection has been received from any of the countries concerned within the thirty (30) day tacit consent period; OR

3. The shipment is directed to a recovery facility pre-approved for that type of waste within the OECD area; such an authorization has not been revoked, and no objection has been received from any of the countries concerned (Delete sentences that are not applicable)

Name:__________Signature:__________Date:__________

(7) Appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the recovery facility).

(c) Exporters also must comply with the special manifest requirements of 262.54(a), (b), (c), (e), and (i) and importers must comply with the import requirements of 262, subpart F.

(d) Each U.S. person that has physical custody of the waste from the time the movement commences until it arrives at the recovery facility must sign the movement document (e.g., transporter, importer, and owner or operator of the recovery facility).

(e) Within three (3) working days of the receipt of imports subject to this subpart, the owner or operator of the U.S. recovery facility must send signed copies of the movement document to the exporter, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and to the competent authorities of the countries of export and transit. If the concerned U.S. recovery facility is a R12/R13 recovery facility as defined under 262.81, the facility shall retain the original of the movement document for three (3) years.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.85. Contracts.

(a) Transboundary movements of hazardous wastes subject to the Amber control procedures are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements must be executed by the exporter and the owner or operator of the recovery facility, and must specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangements.

(b) Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of paragraph (b)(1) through (b)(4) of this section:

(1) The generator of each type of waste;

(2) Each person who will have physical custody of the wastes;

(3) Each person who will have legal control of the wastes; and

(4) The recovery facility.

(c) Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the wastes if their disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts must specify that:

(1) The person having actual possession or physical control over the wastes will immediately inform the exporter and the competent authorities of the countries of export and import and, if the wastes are located in a country of transit, the competent authorities of that country; and

(2) The person specified in the contract will assume responsibility for the adequate management of the wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of wastes and, as the case may be, shall provide the notification for re-export.

(d) Contracts must specify that the importer will provide the notification required in 262.82(c) prior to the re-export of controlled wastes to a third country.

(e) Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of any countries concerned in accordance with applicable national or international law requirements.

Note to Paragraph (e): Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries do. It is the responsibility of the exporter to ascertain and comply with such requirements; in some cases, transporters or importers may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.

(f) Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.

(g) Upon request by EPA, U.S. exporters, importers, or recovery facilities must submit to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted in accordance with 40 CFR 2.203(b) will be treated as confidential and will be disclosed by EPA only as provided in 260.2.

Note to Paragraph (g): Although the United States does not require routine submission of contracts at this time, the OECD Decision allows Member countries to impose such requirements. When other OECD Member countries require submission of partial or complete copies of the contract as a condition to granting consent to proposed movements, EPA will request the required information; absent submission of such information, some OECD Member countries may deny consent for the proposed movement.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.86. Provisions relating to recognized traders.

(a) A recognized trader who takes physical custody of a waste and conducts recovery operations (including storage prior to recovery) is acting as the owner or operator of a recovery facility and must be so authorized in accordance with all applicable federal laws.

(b) A recognized trader acting as an exporter or importer for transboundary shipments of waste must comply with all the requirements of this subpart associated with being an exporter or importer.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.87. Reporting and recordkeeping.

(a) Annual reports. For all waste movements subject to this subpart, persons (e.g., exporters, recognized traders) who meet the definition of primary exporter in 262.51 or who initiate the movement documentation under 262.84 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. (If the primary exporter or the person who initiates the movement document under 262.84 is required to file an annual report for waste exports that are not covered under this subpart, he may include all export information in one report provided the following information on exports of waste destined for recovery within the designated OECD Member countries is contained in a separate section.) Such reports shall include all of the following paragraphs (a)(1) through (a)(6) of this section specified as follows:

(1) The EPA identification number, name, and mailing and site address of the exporter filing the report;

(2) The calendar year covered by the report;

(3) The name and site address of each final recovery facility;

(4) By final recovery facility, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from part 261, subpart C or D), designation of waste type(s) and applicable waste code(s) from the appropriate OECD waste list incorporated by reference in 262.89(d), DOT hazard class, the name and U.S. EPA identification number (where applicable) for each transporter used, the total amount of hazardous waste shipped pursuant to this subpart, and number of shipments pursuant to each notification;

(5) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100 kg but less than 1000 kg in a calendar month, and except for hazardous waste for which information was already provided pursuant to 262.41:

(i) A description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and

(ii) A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and

(6) A certification signed by the person acting as primary exporter or initiator of the movement document under 262.84 that states:

(b) Exception reports. Any person who meets the definition of primary exporter in 262.51 or who initiates the movement document under 262.84 must file an exception report in lieu of the requirements of 262.42 (if applicable) with the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, if any of the following occurs:

(1) He has not received a copy of the RCRA hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter;

(2) Within ninety (90) days from the date the waste was accepted by the initial transporter, the exporter has not received written confirmation from the recovery facility that the hazardous waste was received;

(c) Recordkeeping.

(1) Persons who meet the definition of primary exporter in 262.51 or who initiate the movement document under 262.84 shall keep the following records in paragraphs (c)(1)(i) through (c)(1)(iv) of this section:

(i) A copy of each notification of intent to export and all written consents obtained from the competent authorities of countries concerned for a period of at least three (3) years from the date the hazardous waste was accepted by the initial transporter;

(ii) A copy of each annual report for a period of at least three (3) years from the due date of the report;

(iii) A copy of any exception reports and a copy of each confirmation of delivery (i.e., movement document) sent by the recovery facility to the exporter for at least three (3) years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable; and

(iv) A copy of each certificate of recovery sent by the recovery facility to the exporter for at least three (3) years from the date that the recovery facility completed processing the waste shipment.

(2) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

262.89. OECD Waste Lists.

(a) General. For the purposes of this Subpart, a waste is considered hazardous under U.S. national procedures, and hence subject to this Subpart, if the waste:

(1) Meets the Federal definition of hazardous waste in 261.3; and

(2) Is subject to either the Federal RCRA manifesting requirements at 262, subpart B, the universal waste management standards of 273, State requirements analogous to 273, the export requirements in the spent lead-acid battery management standards of 266, subpart G, or State requirements analogous to the export requirements in part 266, subpart G.

(b) If a waste is hazardous under paragraph (a) of this section, it is subject to the Amber control procedures, regardless of whether it appears in Appendix 4 of the OECD Decision, as defined in 262.81.

(c) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in 262.82.

(d) The OECD waste lists, as set forth in Annex B ("Green List") and Annex C ("Amber List") (collectively "OECD waste lists") of the 2009 "Guidance Manual for the Implementation of Council Decision C(2001)107/FINAL, as Amended, on the Control of Transboundary Movements of Wastes Destined for Recovery Operations," are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is incorporated as it exists on the date of the approval and a notice of any change in these materials will be published in the Federal Register. The materials are available for inspection at: the U.S. Environmental Protection Agency, Docket Center Public Reading Room, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004 (Docket # EPA-HQ-RCRA-2005-0018) or at the National Archives and Records Administration (NARA), and may be obtained from the Organization for Economic Cooperation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. To contact the EPA Docket Center Public Reading Room, call (202) 566-1744. To contact the OECD, call +33 (0) 1 45 24 81 67.

HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998. Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.

SUBPART I. HAZARDOUS WASTE DISCHARGE REPORTING

262.90. Discharge clean up.

A generator must clean up any hazardous waste discharge that occurs during generation or processing or storage and take such other action as may be required or approved by Federal, State or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. See also 262.34(a)(4) and 265 Subpart D.

SUBPART K. ALTERNATIVE REQUIREMENTS FOR HAZARDOUS WASTE DETERMINATION AND ACCUMULATION OF UNWANTED MATERIAL FOR LABORATORIES OWNED BY ELIGIBLE ACADEMIC ENTITIES

262.200. Definitions.

"Central accumulation area" means an on-site hazardous waste accumulation area subject to either 262.34(a) of this part (large quantity generators); or 262.34(d)-(f) of this part (small quantity generators). A central accumulation area at an eligible academic entity that chooses to be subject to this subpart must also comply with 262.211 when accumulating unwanted material and/or hazardous waste.

"College/University" means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. Department of Education

"Eligible academic entity" means a college or university, or a non-profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.

"Formal written affiliation agreement" for a non-profit research institute means a written document that establishes a relationship between institutions for the purposes of research and/or education and is signed by authorized representatives, as defined by 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 262.208 does not qualify as a laboratory clean-out.

"Laboratory worker" means a person who handles chemicals and/or unwanted material in a laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows, interns, researchers, technicians, supervisors/managers, and principal investigators. A person does not need to be paid or otherwise compensated for his/her work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers.

"Non-profit research institute" means an organization that conducts research as its primary function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3).

"Reactive acutely hazardous unwanted material" means an unwanted material that is one of the acutely hazardous commercial chemical products listed in 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 265.16 for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with 262.34(d)(5)(iii) for small quantity generators and conditionally exempt small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.

"Unwanted material" means any chemical, mixtures of chemicals, products of experiments or other material from a laboratory that is no longer needed, wanted or usable in the laboratory and 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 261.2, or a hazardous waste pursuant to 261.3. If an eligible academic entity elects to use another equally effective term in lieu of "unwanted material," as allowed by 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.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

262.201. Applicability of this subpart.

(a) Large quantity generators and small quantity generators This subpart provides alternative requirements to the requirements in 262.11 and 262.34(c) for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subpart, provided that they complete the notification requirements of 262.203.

(b) Conditionally exempt small quantity generators. This subpart provides alternative requirements to the conditional exemption in 261.5(b) for the accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subpart, provided that they complete the notification requirements of 262.203.

History: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 262.11 and 262.34(c).

(b) Conditionally exempt small quantity generators. Eligible academic entities have the option of complying with this subpart with respect to its laboratories, as an alternative to complying with the conditional exemption of 261.5(b).

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 Department in writing, using Department's Notification and Reporting Form (DHEC Form 2701).

(b) When submitting the Notification and Reporting Form, the eligible academic entity must, at a minimum, fill out the following fields on the form:

(1) Reason for Submittal.

(2) Site EPA Identification Number (except for conditionally exempt small quantity generators).

(3) Site Name.

(4) Site Location Information.

(5) Site Land Type.

(6) North American Industry Classification System (NAICS) Code(s) for the Site.

(7) Site Mailing Address.

(8) Site Contact Person.

(9) Operator and Legal Owner of the Site.

(10) Type of Regulated Waste Activity.

(11) Certification.

(c) An eligible academic entity must keep a copy of the notification on file at the eligible academic entity for as 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.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 Department in writing, using the Department's Notification and Reporting Form (DHEC Form 2701), 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 262.11 and 262.34(c) for small quantity generators and large quantity generators. An eligible academic entity that is a conditionally exempt small quantity generator and does not have an EPA identification number must notify that it is withdrawing from the requirements of this subpart for all the laboratories owned by the eligible academic entity that are on-site and that it will comply with the conditional exemption in 261.5(b). An eligible academic entity must submit a separate notification (Site Identification Form) for each EPA Identification Number (or site, for conditionally exempt small quantity generators) that is withdrawing from the requirements of the subpart and must submit the Site Identification Form before it begins operating under the requirements of 262.11 and 262.34(c) for small quantity generators and large quantity generators, or 261.5(b) for conditionally exempt small quantity generators.

(b) When submitting the Notification and Reporting Form, the eligible academic entity must, at a minimum, fill out the following fields on the form:

(1) Reason for Submittal.

(2) Site EPA Identification Number (except for conditionally exempt small quantity generators).

(3) Site Name.

(4) Site Location Information.

(5) Site Land Type.

(6) North American Industry Classification System (NAICS) Code(s) for the Site.

(7) Site Mailing Address.

(8) Site Contact Person.

(9) Operator and Legal Owner of the Site.

(10) Type of Regulated Waste Activity.

(11) Certification.

(c) An eligible academic entity must keep a copy of the withdrawal notice on file at the eligible academic entity for three years from the date of the notification.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 262.214 that describes how the laboratories owned by the eligible academic entity will comply with the requirements of this subpart.

HISTORY: Added by State Register Volume36, Issue No. 3, eff March 23, 2012.

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 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) description of the manner in which the chemical was produced or processed, if applicable.

(b) 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 consolidating unwanted material, or

(ii) A working container may be open until the end of the procedure or work shift, or until it is full, whichever comes first, at which time the working container must either be closed or the contents emptied into a separate container that is then closed, or

(iii) When venting of a container is necessary.

(A) For the proper operation of laboratory equipment, such as with in-line collection of unwanted materials from high performance liquid chromatographs, or

(B) To prevent dangerous situations, such as build-up of extreme pressure.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 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 262.11, for unwanted material.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

262.208. Removing containers of unwanted material from the laboratory.

(a) Removing containers of unwanted material on a regular schedule. An eligible academic entity must either:

(1) Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed 6 months; or

(2) Remove containers of unwanted material from each laboratory within 6 months of each container's accumulation start date.

(b) The eligible academic entity must specify in Part I of its Laboratory Management Plan whether it will comply with paragraph (a)(1) or (a)(2) of this section for the regular removal of unwanted material from its laboratories.

(c) The eligible academic entity must specify in Part II of its Laboratory Management Plan how it will comply with paragraph (a)(1) or (a)(2) of this section and develop a schedule for regular removals of unwanted material from its laboratories.

(d) Removing containers of unwanted material when volumes are exceeded.

(1) If a laboratory accumulates a total volume of unwanted material (including reactive acutely hazardous unwanted material) in excess of 55 gallons before the regularly scheduled removal, the eligible academic entity must ensure that all containers of unwanted material in the laboratory (including reactive acutely hazardous unwanted material):

(i) Are marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that 55 gallons is exceeded; and

(ii) Are removed from the laboratory within 10 calendar days of the date that 55 gallons was exceeded, or at the next regularly scheduled removal, whichever comes first.

(2) If a laboratory accumulates more than 1 quart of reactive acutely hazardous unwanted material before the regularly scheduled removal, then the eligible academic entity must ensure that all containers of reactive acutely hazardous unwanted material:

(i) Are marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that 1 quart is exceeded; and

(ii) Are removed from the laboratory within 10 calendar days of the date that 1 quart was exceeded, or at the next regularly scheduled removal, whichever comes first.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 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 262.210;

(2) Within 4 calendar days of arriving at an on-site central accumulation area, in accordance with 262.211; and within 4 calendar days of arriving at an on-site interim status or permitted treatment, storage or disposal facility, in accordance with 262.212.

(3) Within 4 calendar days of arriving at an on-site interim status or permitted treatment, storage or disposal facility, in accordance with 262.212

(b) Conditionally exempt small quantity generators - an eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to 262.11, for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with 262.210.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 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 262.11, before the unwanted material is removed from the laboratory.

(b) If an unwanted material is a hazardous waste, the eligible academic entity must:

(1) Write the words "hazardous waste" on the container label that is affixed or attached to the container, before the hazardous waste may be removed from the laboratory; and

(2) Write the appropriate hazardous waste codes(s) on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste is transported off-site.

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to 261.5(c) and (d), in the calendar month that the hazardous waste determination was made.

(c) A trained professional must accompany all hazardous waste that is transferred from the laboratory(ies) to an on-site central accumulation area or on-site interim status or permitted treatment, storage or disposal facility.

(d) When hazardous waste is removed from the laboratory.

(1) Large quantity generators and small quantity generators must ensure it is taken directly from the laboratory(ies) to an on-site central accumulation area, or on-site interim status or permitted treatment, storage or disposal facility, or transported off-site.

(2) Conditionally exempt small quantity generators must ensure it is taken directly from the laboratory(ies) to any of the types of facilities listed in 261.5(f)(3) for acute hazardous waste, or 261.5(g)(3) for hazardous waste

(e) An unwanted material that is a hazardous waste is subject to all applicable hazardous waste regulations when it is removed from the laboratory.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 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 262.34(a) for large quantity generators or 262.34(d)-(f) for small quantity generators as soon as it arrives in the central accumulation area, except for the "hazardous waste" labeling requirements of 262.34(a)(3)

(d) A trained professional must determine, pursuant to 262.11, if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials' arrival at the on-site central accumulation area.

(e) If the unwanted material is a hazardous waste, the eligible academic entity must:

(1) Write the words "hazardous waste" on the container label that is affixed or attached to the container, within 4 calendar days of arriving at the on-site central accumulation area and before the hazardous waste may be removed from the on-site central accumulation area, and

(2) Write the appropriate hazardous waste code(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed of on-site or transported off-site, and

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to 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.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 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 262.11, if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials' arrival at an on-site interim status or permitted treatment, storage or disposal facility.

(e) If the unwanted material is a hazardous waste, the eligible academic entity must:

(1) Write the words "hazardous waste" on the container label that is affixed or attached to the container (or on the label that is affixed or attached to the container, if that is preferred) within 4 calendar days of arriving at the on-site interim status or permitted treatment, storage or disposal facility and before the hazardous waste may be removed from the on-site interim status or permitted treatment, storage or disposal facility, and

(2) Write the appropriate hazardous waste code(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed on-site or transported off-site, and

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to 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

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

262.213. Laboratory clean-outs.

(a) One time per 12 month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of this subpart, except that:

(1) If the volume of unwanted material in the laboratory exceeds 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), as required by 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 part 261, subpart D or exhibiting one or more characteristics in part 261, subpart C) generated solely during the laboratory clean-out toward its hazardous waste generator status, pursuant to 261.5(c) and (d). An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences must be counted toward hazardous waste generator status, pursuant to 261.5(c) and (d), if it is determined to be hazardous waste; and

(3) For the purposes of off-site management, an eligible academic entity must count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator status under paragraph (a)(2) of this section, and if it generates more than 1 kg/month of acute hazardous waste or more than 100 kg/month of hazardous waste (i.e., the conditionally exempt small quantity generator limits of 261.5), the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off-site; and

(4) An eligible academic entity must document the activities of the laboratory clean-out. The documentation must, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity must maintain the records for a period of three years from the date the clean-out ends; and

(b) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of this subpart, including, but not limited to:

(1) The requirement to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), as required by 262.208; and

(2) The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator status, pursuant to 261.5(c) and (d).

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

262.214. Laboratory management plans.

An eligible academic entity must develop and retain a written Laboratory Management Plan, or revise an existing written plan. 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.

(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 262.206(a), including:

(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 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, including how the eligible academic entity will manage containers used for in-line collection of unwanted materials, such as with high performance liquid chromatographs and other laboratory equipment (see the required standards at 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 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 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 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 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 262.11 and 262.209 through 262.212).

(6) Describe its intended best practices for laboratory clean-outs, if the eligible academic entity plans to use the incentives for laboratory clean-outs provided in 262.213, including:

(i) Procedures for conducting laboratory clean-outs (see the required standards at 262.213(a)(1) through (3)); and

(ii) Procedures for documenting laboratory clean-outs (see the required standards at 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.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 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 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.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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 262.11 and 262.34(c) for large quantity generators and small quantity generators (if the hazardous waste is managed in a satellite accumulation area), and all other applicable generator requirements of part 262, with respect to that hazardous waste; or

(b) Remains subject to the conditional exemption of 261.5(b) for conditionally exempt small quantity generators, with respect to that hazardous waste.

HISTORY: Added by State Register Volume 36, Issue No. 3, eff March 23, 2012.

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HISTORY: Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 31, Issue No. 2, eff February 23, 2007.

61-79.263. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE.

SUBPART A. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

263.10. Scope.

(a) These regulations establish standards which apply to persons transporting hazardous waste within the State.

(b) These regulations do not apply to onsite 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 R.61-79.262 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.

(3) Spills hazardous waste during transportation and generates additional waste subsequent to cleanup as required under Section 263.30. The treatment, storage, and disposal of any additional waste must be in accordance with 263.21.

(d) A transporter of hazardous waste subject to the federal manifesting requirements of 262, or subject to the waste management standards of 273, or subject to State requirements analogous to 273, that is being imported from or exported to any of the countries listed in 262.58(a)(1) for purposes of recovery is subject to this subpart and to all other relevant requirements of subpart H of part 262, including, but not limited to, 262.84 for movement documents.

(e) The regulations in this part do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with 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 266.202.

(g) Every person transporting a hazardous waste within the State must be permitted by the Department except as specifically exempted in paragraph (b).

(h) Every transporter shall insure that all equipment, such as tankers, vans, dumpsters, and roll-off containers, are leakproof and properly secured prior to their being used for transporting hazardous waste within the state.

(i) Every person who is permitted as a transporter shall ensure that personnel have completed a training program that is acceptable to the Department.

HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 36, Issue No. 9, eff September 28, 2012.

263.11. EPA Identification number.

(a) A transporter must not transport hazardous wastes without having received an EPA identification number from the Department.

(b) A transporter who has not received an identification number may obtain one by submitting the Notification Form required under Section 263.13. Upon receipt, the Department will assign an identification number to the transporter.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

263.12. Transfer facility requirements.

A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of R.61-79.262.30 at a transfer facility for a period of ten days or less is not subject to regulation under R.61-79.270, R.61-79.264, R.61-79.265 and R.61-79.268 with respect to the storage of those wastes.

HISTORY: Amended by State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990.

263.13. Notification.

(a) Any person who transports hazardous waste within the State and has not previously done so shall file with the Department a Notification Form for that activity within thirty (30) days after the effective date of this regulation.

(b) Any person who transports or accepts for transportation within the State a hazardous waste which is classified or listed for the first time by a revision of R.61-79.261 shall file with the Department a revised or new Notification Form for that waste within ninety (90) days after the effective date of such revision.

(c) This notification shall be on a form designed by the Department and shall be completed as required by the instructions supplied with such form. The information to be furnished on the form shall include but not be limited to the location and general description of such activity and the identified or listed hazardous wastes handled by such person.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987.

263.14. Financial Responsibility for sudden and accidental occurrences.

(a) Except as provided in paragraph (b), a transporter of hazardous waste granted a transporter permit under R.61-79.270 shall have and maintain financial responsibility for sudden and accidental occurrences in the amount of at least one million dollars ($1,000,000) per occurrence exclusive of legal defense costs. Coverage must provide for claims arising out of injury to persons, property or the environment including the spillage of hazardous wastes while such wastes are being transported and including the costs of cleaning up the spill. Such liability coverage must be maintained at all times while the permit is in force.

(b) [Reserved]

(c) The financial responsibility required in paragraphs (a) and (b) may be established by any one or a combination of the following:

(1) Evidence of liability insurance, either on a claim made or an occurrence basis, with or without a deductible with the deductible, if any, to be on a per occurrence or per accident basis and not to exceed ten (10) percent of the equity of the permittee;

(2) Self insurance, the level of which shall not exceed ten (10) percent of equity of the permittee; or

(3) Other evidence of financial responsibility approved by the Department.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993.

SUBPART B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING

263.20. The manifest system.

(a)(1) Manifest requirement. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the provisions of R.61-79.262, subpart B

(2) Exports. In the case of exports other than those subject to subpart H of 262, a transporter may not accept such waste from a primary exporter or other person if he knows the shipment does not conform to the EPA Acknowledgment of Consent; and unless, in addition to a manifest signed by the generator as provided in this section, the transporter shall also be provided with an EPA Acknowledgment of Consent which, except for shipments by rail, is attached to the manifest (or shipping paper for exports by water [bulk shipment]). For exports of hazardous waste subject to the requirements of subpart H of 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by 262.84. (12/92, 12/93, 9/98)

(3) Compliance Date for Form Revisions. The revised Manifest form and procedures in 260.10, 261.7, 263.20, and 263.21, shall not apply until September 5, 2006. The Manifest form and procedures in 260.10, 261.7, 263.20, and 263.21, contained in 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.

(b) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

(c) The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste.

(d) A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

(1) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and

(2) Retain one copy of the manifest in accordance with Section 263.22; and

(3) Give the remaining copies of the manifest to the accepting transporter or designated facility.

(e) The requirements of paragraph (c), (d) and (f) of this section do not apply to water (bulk shipment) transporters if:

(1) The hazardous waste is delivered by water (bulk shipment) to the designated facility; and

(2) A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste; and

(3) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and

(4) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

(5) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with Section 263.22.

(f) For shipments involving rail transportation, the requirements of paragraphs (c), (d), and (e) do not apply and the following requirements do apply:

(1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must:

(i) Sign and date the manifest acknowledging acceptance of the hazardous waste;

(ii) Return a signed copy of the manifest to the non-rail transporter;

(iii) Forward at least three copies of the manifest to:

(A) The next non-rail transporter, if any; or

(B) The designated facility, if the shipment is delivered to that facility by rail; or

(C) The last rail transporter designated to handle the waste in the United States;

(iv) Retain one copy of the manifest and rail shipping paper in accordance with Section 263.22.

(2) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste at all times. (amended 11/90)

[Note: Intermediate rail transporters are not required to sign either the manifest or shipping paper.]

(3) When delivering hazardous waste to the designated facility, a rail transporter must:

(i) Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and

(ii) Retain a copy of the manifest or signed shipping paper in accordance with Section 263.22.

(4) When delivering hazardous waste to a non-rail transporter a rail transporter must:

(i) Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and

(ii) Retain a copy of the manifest in accordance with Section 263.22.

(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

(g) Transporters who transport hazardous waste out of the United States must:

(1) Sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States;

(2) Retain one copy in accordance with 263.22(d);

(3) Return a signed copy of the manifest to the generator; and

(4) Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.

(h) A transporter transporting hazardous waste from a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month need not comply with the requirements of this section or those of 263.22 provided that:

(1) The waste is being transported pursuant to a reclamation agreement as provided for in 262.20(e);

(2) The transporter records, on a log or shipping paper, the following information for each shipment:

(i) The name, address, and U.S. EPA Identification Number of the generator of the waste;

(ii) The quantity of waste accepted;

(iii) All DOT-required shipping information;

(iv) The date the waste is accepted; and

(3) The transporter carries this record when transporting waste to the reclamation facility; and

(4) The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 20, Issue No. 12, eff December 27, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007.

263.21. Compliance with the manifest.

(a) The transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to:

(1) The designated facility listed on the manifest; or

(2) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or

(3) The next designated transporter; or

(4) The place outside the United States designated by the generator.

(b)(1) If the hazardous waste cannot be delivered in accordance with paragraph (a) of this section because of an emergency condition other than rejection of the waste by the designated facility, then the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

(2) If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

(i) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with 263.22, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in 264.72(e)(1) through (6) or (f)(1) through (6) or 265.72(e)(1) through (6) or (f)(1) through (6).

(ii) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with 263.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with 264.72(e)(1) through (6) or 265.72(e)(1) through (6).

HISTORY: Amended by State Register Volume 31, Issue No. 2, eff February 23, 2007.

263.22. Recordkeeping.

(a) A transporter of hazardous waste must keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(b) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter must retain a copy of the shipping paper containing all the information required in Section 263.20(e)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(c) For shipments of hazardous waste by rail within the United States:

(1) The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in Section 263.20(f)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter; and

(2) The final rail transporter must keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Note: Intermediate rail transporters are not required to keep records pursuant to these regulations.

(d) A transporter who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(e) The periods of retention referred to in this Section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

263.23. Treatment/storage by transporter.

(a) If a transporter while in the State removes a hazardous waste from a transport vehicle for the purpose of blending, mixing, treating, or storing; the blending, mixing, treating, or storing shall be performed at a facility in the State having a permit under R.61-79.270.

(b) The transporter shall not allow hazardous wastes from different generators or separate wastes from the same generator to become mixed during transport, unless the transporter obtains prior written approval from the Department and complies with the generator standards under R.61-79.262, or can demonstrate that the information designated on the manifest(s) as required under R.61-79.262 Subpart B still identifies the hazardous waste.

SUBPART C. HAZARDOUS WASTE DISCHARGES

263.30. Immediate action.

(a) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

(b) If a discharge of hazardous waste occurs during transportation and an official (State or local government or Federal Agency) acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment that official may authorize the removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(c) An air, rail, highway, or water transporter who has discharged hazardous waste must:

(1) Give notice, if required by 49 CFR 171.15, to the National Response Center (800-424-8802 or 202-426-2675); and

(2) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.

(3) Immediately telephone the Department's 24-hour emergency telephone number (803) 253-6488, giving all requested information.

(d) A water (bulk shipment) transporter who has discharged hazardous waste must give the same notice as required by 33 CFR 153.203 for oil and hazardous substances.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 16, Issue No. 12, eff December 25, 1992.

263.31. Discharge clean up.

A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

61-79.264. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES.

SUBPART A. GENERAL

264.1. Purpose, scope and applicability.

(a) The purpose of this regulation is to establish minimum State standards which define the acceptable management of hazardous waste.

(b) The standards in this regulation apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in R.61-79.261 or 264.

(c) The requirements of this regulation apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act only to the extent they are included under R.61-79.270, in a RCRA-type permit.

[Comment: These R.61-79.264 regulations apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.]

(d) The requirements of this regulation apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under the Underground Injection Control (UIC) Regulations R.61-87 only to the extent required by R.61-79.270.60(b) and 44-55-10 et seq.

[Comment: These R.61-79.264 regulations apply to the aboveground treatment or storage of hazardous waste before it is injected underground.]

(e) The requirements of this regulation apply to the owner or operator of a POTW which treats, stores, or disposes of hazardous waste only to the extent they are included in a permit by rule granted to such a person under R.61-79.270.

(f) [Reserved]

(g) The requirements of this regulation do not apply to:

(1) The owner or operator of a facility permitted, licensed, or registered by the Department to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded under R.61-79.261.5;

(2) The owner or operator of a facility managing recyclable materials described in R.61-79.261.6 (a)(2), (3), and (4) (except to the extent that requirements of this subpart are referred to in R.61-79.107.279 or subparts C, F, G, or H of 266). (12/93)

(3) A generator accumulating waste onsite in compliance with R.61-79.262.34;

(4) A farmer disposing of waste pesticides from his own use in compliance with R.61-79.262.70; or

(5) The owner or operator of a totally enclosed treatment facility,. as defined in R.61-79.260.10;

(6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in R.61-79.260.10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in 268.40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in 264.17(b). (revised 12/93; 5/96)

(7) [Reserved]

(8)(i) Except as provided in paragraph (g)(8)(ii) of this Section, a person engaged in treatment or containment activities during immediate response to any of the following situations:

(A) A discharge of a hazardous waste;

(B) An imminent and substantial threat of a discharge of hazardous waste;

(C) A discharge of a material which, when discharged, becomes a hazardous waste;

(D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in 260.10.

(ii) An owner or operator of a facility otherwise regulated by this regulation must comply with all applicable requirements of Subparts C and D.

(iii) Any person who is covered by paragraph (g)(8)(i) of this Section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this regulation and R.61-79.124 and R.61-79.270 for those activities.

(iv) In the case of an explosives or munitions emergency response, if a Federal, State, Tribal or local official acting within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.

(9) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of R.61-79.262.30 at a transfer facility for a period of ten days or less.

(10) The addition of absorbent material to waste in a container (as defined in R.61-79.260.10) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and Sections 264.17(b), 264.171 and 264.172 are complied with.

(11) Universal waste handlers and universal waste transporters (as defined in R.61-79.260.10) handling the wastes listed below. These handlers are subject to regulation under R.61-79.273, when handling the below listed universal wastes. (added 5/96)

(i) Batteries as described in R.61-79.273.2;

(ii) Pesticides as described in R.61-79.273.3; and

(iii) Mercury-containing equipment as described in 273.4; and

(iv) Lamps as described in 273.5.

(h) The requirements of this part apply to owners or operators of all facilities which treat, store or dispose of hazardous wastes referred to in Part 268.

(i) Section 266.205 of this chapter identifies when the requirements of this part apply to the storage of military munitions classified as solid waste under 266.202 of this chapter. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in 260 through 270.

(j) The requirements of subparts B, C, and D of this part and 264.101 do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a traditional RCRA permit because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, Subparts B, C, and D of this part, and 264.101 do apply to the facility subject to the traditional RCRA permit.) Instead of the requirements of subparts B, C, and D of this part, owners or operators of remediation waste management sites must:

(1) Obtain an EPA identification number by applying to the Department using EPA Form 8700-12;

(2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store or dispose of the waste according to this part and part 268 of this chapter, and must be kept accurate and up to date;

(3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the Department that:

(i) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and

(ii) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this part;

(4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner operator must take remedial action immediately;

(5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this part, and on how to respond effectively to emergencies;

(6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste;

(7) For remediation waste management sites subject to regulation under subparts I through O and subpart X of this part, the owner/operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner/operator can meet the demonstration of 264.18(b);

(8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave;

(9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) at the remediation waste management site, according to the requirements of 264.19;

(10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and must be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment;

(11) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;

(12) Develop, maintain and implement a plan to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through (j)(10) of this section; and

(13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 31, Issue No. 6, eff June 22, 2007.

264.3. Relationship to interim status standards.

A facility owner or operator who has fully complied with the requirements for interim status -- as defined under R.61-79.270.70 and in section 3005(e) of RCRA - must comply with the regulations specified in R.61-79.265 in lieu of the regulations in this part, until final administrative disposition of his permit application is made, except as provided under R.61-79.264, subpart S. (revised 12/92)

[Comment: As stated in Section 44-56-60 and section 3005(a) of RCRA, after the effective date of regulations under that section, i.e., parts 270 and 124 of this chapter, the treatment, storage, or disposal of hazardous waste is prohibited except in accordance with a permit under these regulations; the statutes. 44-56-60 and Section 3005(e) of RCRA provide for the continued operation of an existing facility which meets certain conditions until final administrative disposition of the owner's or operator's permit application is made.] (revised 12/92)

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 17, eff December 24, 1993.

264.4. Imminent hazard action.

Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to Section 44-56-50 of the 1976 South Carolina Code of Laws, as amended, and pursuant to section 7003 of RCRA.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

264.5. Notification requirements upon owners and operators of hazardous waste facilities.

(a) Any person who owns or operates a facility within the State which treats, store, or disposed of a hazardous waste and has not previously done so shall file a completed Notification Form with the Department within thirty (30) days of the effective date of this regulation.

(b) Any person who plans to construct a new facility to treat, store or dispose of hazardous waste shall file a completed Notification Form with the Department as part of his permit application.

(c) This notification shall be on a form designated by the Department and shall be completed as required by the instructions supplied with such form.

(d) Any person who owns or operates a facility which treats, stores, or disposed of a hazardous waste which is classified or listed for the first time by a revision of R.61-79.261 and has not previously done so shall file a revised or new Notification Form for that waste within ninety (90) days after the effective date of such revision. The information to be furnished on the form shall include but not be limited to the location and general description of such activity, the identified or listed hazardous wastes handled by such person and, if applicable, a description of the production or energy recovery activity carried out at the facility and such other information as the Department deems necessary.

(e) Persons engaged in the following activities are required to make a separate notification:

(1) Producers of fuels from; identified or

(i) Any hazardous wastes listed in R.61-79.261;

(ii) Used oil; and

(iii) Used oil and any other material.

(2) Burners (other than a single or two-family residence) for purposes of energy recovery any fuel produced identified in paragraph 1 above.

(3) Distributors or marketers of any fuel as identified in paragraph 1 above.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987.

SUBPART B. GENERAL FACILITY STANDARDS

264.10. Applicability.

(a) The regulations in this Subpart apply to owners and operators of all hazardous waste facilities, except as provided in Section 264.1 and in paragraph (b).

(b) Section 264.18(b) applies only to facilities subject to regulation under Subparts I through O of this part and Subpart X.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

264.11. Identification number.

(a) No owner or operator of a hazardous waste facility shall treat, store, or dispose of hazardous waste or accept for treatment, storage or disposal hazardous waste without having received an EPA identification number.

(b) An owner or operator of a hazardous waste facility who has not previously received an EPA identification number may obtain one by submitting the Notification Form required under 264.5. Every facility owner or operator must apply for an EPA identification number in accordance with the notification procedures under 264.5. (revised 12/92).

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 17, eff December 24, 1993.

264.12. Required notices.

(a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the Department in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.

(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to part 262, subpart H must provide a copy of the movement document bearing all required signatures to the foreign exporter; to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; and to the competent authorities of all other countries concerned within three (3) working days of receipt of the shipment. The original of the signed movement document must be maintained at the facility for at least three (3) years. In addition, such owner or operator shall, as soon as possible, but no later than thirty (30) days after the completion of recovery and no later than one (1) calendar year following the receipt of the hazardous waste, send a certificate of recovery to the foreign exporter and to the competent authority of the country of export and to EPA's Office of Enforcement and Compliance Assurance at the above address by mail, e-mail without a digital signature followed by mail, or fax followed by mail.

(b) The owner or operator of a facility that receives hazardous waste from an offsite source (except where the owner or operator is also the generator) must inform the generator in writing that he has the appropriate permit(s) under these regulations for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record.

(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the postclosure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this part and R.61-79.270.

[Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this part in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.]

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 36, Issue No. 9, eff September 28, 2012.

264.13. General waste analysis.

(a)(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under 264.113(d), he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of this regulation or with the conditions of a permit issued under R.61-79.268, .270, Subparts A and B, and R.61-79.124. (amended 11/90)

(2) The analysis may include data developed under R. part .261, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.

Comment: For example, the facility's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (a)(1). The owner or operator of an offsite facility may arrange for the generator of the hazardous waste to supply part or all of the information required by paragraph (a)(1) except as otherwise specified in 268.7(b) and (c). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.

(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis must be repeated:

(i) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste or non-hazardous waste if applicable under 264.113 (d) has changed; and

(ii) For offsite facilities, when the results of the inspection required in paragraph (a)(4) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

(4) The owner or operator of an offsite facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which he will carry out to comply with paragraph (a). He must keep this plan at the facility. At a minimum, the plan must specify:

(1) The parameters for which each hazardous waste or non-hazardous waste if applicable under 264.113 (d) will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with paragraph (a);

(2) The test methods which will be used to test for these parameters;

(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

(i) One of the sampling methods described in Appendix I of R.61-79.261; or

(ii) An equivalent sampling method.

[Comment: See 260.21 of this chapter for related discussion.]

(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and

(5) For offsite facilities, the waste analyses that hazardous waste generators have agreed to supply;

(6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in 264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 264.1083, and 268.7. (revised 12/92)

(7) For surface impoundments exempted from land disposal restrictions under Section 268.4(a), the procedures and schedules for:

(i) The sampling of impoundment contents:

(ii) The analysis of test data; and

(iii) The annual removal of residues which are not delisted under Section 260.22 of this chapter or which exhibit a characteristic of hazardous waste and either:

(A) Do not meet applicable treatment standards of Part 268, Subpart D; or

(B) Where no treatment standards have been established:

(1) Such residues are prohibited from land disposal under Section 268.32 or RCRA section 3004(d); or

(2) Such residues are prohibited from land disposal under Section 268.33(f).

(8) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with 264.1082-

(i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.

(ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.

(c) For offsite facilities, the waste analysis plan required in paragraph (b) must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and

(2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

(3) The procedures that the owner or operator of an offsite landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

[Comment: R.61-79.270 requires that the waste analysis plan be submitted with Part B of the permit application.] (revised 12/92)

(d) [Removed 12/92]

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

264.14. Security.

(a) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of his facility, unless he can demonstrate to the Department that:

(1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and

(2) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this part.

[Comment: R.61-79.270 requires an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application issued under these regulations.]

(3) [Removed 12/92]

(b) Unless the owner or operator has made a successful demonstration under paragraphs (a)(1) and (a)(2) above, a facility must have:

(1) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or

(2)(i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and

(ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

[Comment: The requirements of paragraph (b) are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of paragraph (b) (1) or (2).]

(3) [Removed 12/92]

(c) Unless the owner or operator has made a successful demonstration under paragraphs (a)(1) and (a)(2) of this section, a sign with the legend, "Danger -- Unauthorized Personnel Keep Out," must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger -- Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

[Comment: See 264.117(b) for discussion of security requirements at disposal facilities during the postclosure care period.]

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

264.15. General inspection requirements.

(a) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges which may be causing-or may lead to-(1) release of hazardous waste constituents to the environment or (2) a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

(b)(1) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

(2) He must keep this schedule at the facility.

(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

(4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 where applicable.

[Comment: Part 270 of this chapter requires the inspection schedule to be submitted with Part B of the permit application. The Department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the Department may modify or amend the schedule as may be necessary. (revised 12/92)]

(c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(d) The owner or operator must record inspections in an inspection log or summary. He must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 3, eff March, 23, 2012.

264.16. Personnel training.

(a)(1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this part. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (d) (3).

[Comment: Part 270 requires that owners and operators submit with Part B of the permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.]

(2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:

(i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(ii) Key parameters for automatic waste feed cut-off system;

(iii) Communications or alarm systems;

(iv) Response to fires or explosions;

(v) Response to groundwater contamination incidents; and,

(vi) Shutdown of operations.

(4) For facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the requirements of this section.

(b) Facility personnel must successfully complete the program required in paragraph (a) of this Section within six months after the effective date of these regulations or six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of these regulations must not work in unsupervised positions until they have completed the training requirements of paragraph (a) of this Section.

(c) Facility personnel must take part in an annual review of the initial training required in paragraph (a) of this Section.

(d) The owner or operator must maintain the following documents and records at the facility:

(1) The job titles for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(2) A written job description for each position listed under paragraph (d)(1) of this Section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;

(3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this Section;

(4) Records that document that the training or job experience required under paragraphs (a), (b), and (c) of this Section has been given to, and completed by, facility personnel.

(e) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date of the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

(f) R.61-79.270 Subpart B requires that owners and operator submit, with Part B of the permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008.

264.17. General requirements for ignitable, reactive, or incompatible wastes.

(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(b) Where specifically required by other Sections of this regulation, the owner or operator of a facility that treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must take precautions to prevent reactions which:

(1) Generate extreme heat or pressure, fire or explosions, or violent reactions;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility;

(5) Through other like means threaten human health or the environment.

(c) When required to comply with paragraphs (a) or (b) of this Section, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analysis (as specified in Section 264.13 above), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

264.18. Location standards. [See also R.61-104]

(a) Seismic considerations.

(1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time.

(2) As used in paragraph (a)(1) of this section:

(i) "Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side.

(ii) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

(iii) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.

[Comment: Comment: Procedures for demonstrating compliance with this standard in Part B of the permit application are specified in R.61-79.270.14(b)(11). Facilities which are located in political jurisdictions other than those listed in Appendix VI of this part, are assumed to be in compliance with this requirement.] (revised 12/92)

(3) [Removed 12/92]

(b) Floodplains.

(1) A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can demonstrate to the Department satisfaction that:

(i) Procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters; or,

(ii) For existing surface impoundments, waste piles, land treatment units, landfills and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering:

(A) The volume and physical and chemical characteristics of the waste in the facility;

(B) The concentration of hazardous constituents that would potentially affect surface waters as a result of washout;

(C) The impact of such concentrations on the current or potential uses of and water quality standards established for the affected surface waters; and,

(D) The impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.

[Comment: The location where wastes are moved must be a facility which is either permitted under part 270 or in interim status under parts 270 and 265.]

(2) As used in paragraph (b)(1) of this Section:

(i) "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.

(ii) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

(iii) As used in paragraph (b)(1) of this Section: "100-year flood" means a flood that has a one percent chance of being equalled or exceeded in any given year.

[Comment: (1) Requirements pertaining to other laws which affect the location and permitting of facilities are found in 270.3 of this chapter and R.61-104. For details, see also EPA's manual for SEA (special environmental area) requirements for hazardous waste facility permits. Applicants are advised to consider them in planning the location of a facility to help prevent subsequent project delays.]

(c) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

(d) [Removed 12/92]

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

264.19. Construction quality assurance program.

(a) CQA program.

(1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with 264.221 (c) and (d), 264.251 (c) and (d), and 264.301 (c) and (d). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.

(2) The CQA program must address the following physical components, where applicable:

(i) Foundations;

(ii) Dikes;

(iii) Low-permeability soil liners;

(iv) Geomembranes (flexible membrane liners);

(v) Leachate collection and removal systems and leak detection systems; and

(vi) Final cover systems.

(b) Written CQA plan. The owner or operator of units subject to the CQA program under paragraph (a) of this section must develop and implement a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:

(1) Identification of applicable units, and a description of how they will be constructed.

(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.

(3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under 264.73.

(c) Contents of program.

(1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:

(i) Structural stability and integrity of all components of the unit identified in paragraph (a)(2) of this section;

(ii) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;

(iii) Conformity of all materials used with design and other material specifications under 264.221, 264.251, and 264.301.

(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The Department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.

(d) Certification. Waste shall not be received in a unit subject to 264.19 until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of 264.221 (c) or (d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure in 270.30(l)(2)(ii) of this chapter has been completed. Documentation supporting the CQA officers certification must be furnished to the Department upon request.

HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.

SUBPART C. PREPAREDNESS AND PREVENTION

264.30. Applicability.

The regulations in this Subpart apply to owners and operators of all hazardous waste facilities, except as Subpart A, Section 264.1 provides otherwise.

264.31. Design and operation of facility.

Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

264.32. Required equipment.

All facilities must be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

(a) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, 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.

(e) [Removed 12/92]

[Comment: Part 270 requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

264.33. Testing and maintenance of equipment.

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

264.34. Access to communications or alarm system.

(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under Section 264.32 above.

(b) If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under Section 264.32 above.

264.35. Required aisle space.

The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Department that aisle space is not needed for any of these purposes.

[Comment: Part 270 of this chapter requires that an owner or operator who wishes to make the demonstration referred to above must do so with Part B of the permit application.]

HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.

264.37. Arrangements with local authorities.

(a) The owner or operator must attempt to make the following arrangements, as appropriate for the type of waste handled at his facility and the potential need for the services of these organizations:

(1) Arrangements to familiarize police, fire departments, and emergency response teams with layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;

(2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and,

(4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(b) Where State or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.

SUBPART D. CONTINGENCY PLAN AND EMERGENCY PROCEDURES

264.50. Applicability.

The regulations in this Subpart apply to owners and operators of all hazardous waste facilities, except as Subpart A, Section 264.1 provides otherwise.

264.51. Purpose and implementation of contingency plan.

(a) Each owner or operator must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

264.52. Content of contingency plan.

(a) The contingency plan must describe the actions facility personnel must take to comply with Sections 264.51 and 264.56 below in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water at the facility.

(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this part. The owner or operator may develop one contingency plan which meets all regulatory requirements. EPA recommends that the plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan"). When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification.

(c) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to Subpart C Section 264.37.

(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see Section 264.55) and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be supplied to the Department at the time of certification, rather than at the time of permit application.

(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(f) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires.)

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012.

264.53. Copies of contingency plan.

A copy of the contingency plan and all revisions to the plan must be:

(a) Maintained at the facility; and

(b) Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

[Comment: The contingency plan must be submitted to the Department with Part B of the permit application under part 270 and, after modification or approval, will become a condition of any permit.]

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

264.54. Amendment of contingency plan.

The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(a) The facility permit is revised;

(b) The plan fails in an emergency;

(c) The facility changes-in its design, construction, operation, maintenance, or other circumstances-in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency.

(d) The list of emergency coordinators changes; or

(e) The list of emergency equipment changes.

(f) [Reserved]

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

264.55. Emergency coordinator.

At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

[Comment: The emergency coordinator's responsibilities are more fully spelled out in 264.56. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and complexity of the facility.]

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992.

264.56. Emergency procedures.

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify appropriate State and local agencies with designated response roles if their help is needed.

(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

(c) Concurrently, the emergency coordinator must access possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).

(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:

(1) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and

(2) He must immediately notify the Department (using its 24-hour number 803-253-6488) and the government official designated as the on-scene coordinator for that geographical area, and 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 facility;

(iii) Time and type of incident (e.g., release fire);

(iv) Name and quantity of material(s) involved, to the extent known;

(v) The extent of injuries, if any; and

(vi) The possible hazards to human health or the environment, outside the facility.

(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

(f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(g) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

[Comment: Unless the owner or operator can demonstrate, in accordance with R.61-79.261.3(c) or (d), 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 R.61-79.262 Standards Applicable to Generators of Hazardous Waste, R.61-79.263 Standards Applicable to Transporters of Hazardous Waste and R.61-79.264. (amended 11/90)]

(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(i) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he must submit a written report on the incident to the Department. The report must include:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident (e.g., fire, explosion);

(4) Name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of recovered material that resulted from the incident.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012.

SUBPART E. MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

264.70. Applicability.

(a) The regulations in this subpart apply to owners and operators of both on-site and off-site facilities, except as 264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, nor to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under 266.203(a). Section 264.73(b) only applies to permittees who treat, store, or dispose of hazardous wastes on-site where such wastes were generated.

(b) The revised Manifest form and procedures in 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, shall not apply until September 5, 2006. The Manifest form and procedures in 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, contained in parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007.

264.71. Use of manifest system.

(a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his agent must:

(i) Sign and date, by hand, each copy of the manifest;

(ii) Note any discrepancies (as defined in 264.72(a)) on each copy of the manifest;

(iii) Immediately give the transporter at least one copy of the manifest;

(iv) Within 30 days of delivery, send a copy of the manifest to the generator; and

(v) Retain at the facility a copy of each manifest for at least three years from the date of delivery.

(3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest and documentation confirming EPA's consent to the import of hazardous waste to the following address within thirty (30) days of delivery: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460.

(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or his agent, must;

(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;

(2) Note any significant discrepancies (as defined in 264.72(a)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper.

[Comment: The Department does not intend that the owner or operator of a facility whose procedures under 264.13(c) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 264.72(b), however, requires reporting an unreconciled discrepancy discovered during later analysis.]

(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);

(4) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator; and

[Comment: Section 262.23(c) of this chapter requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).]

(5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.

(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of R.61-79.262.

[Comment: The provisions of R.61-79.262.34 are applicable to the onsite accumulation of hazardous wastes by generators. Therefore, the provisions of 262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.]

(d) Within three (3) working days of the receipt of a shipment subject to part 262, subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures to the exporter, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the movement document must be maintained at the facility for at least three (3) years from the date of signature.

(e) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

264.72. Manifest discrepancies.

(a) Manifest discrepancies are:

(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives;

(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or

(3) Container residues, which are residues that exceed the quantity limits for "empty" containers set forth in 261.7(b).

(b) Significant differences in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper.

(c) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Regional Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 261.7(b), the facility must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative facility or to the generator within 60 days of the rejection of the container residue identification.

(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it must ensure that either the delivering transporter retains custody of the waste, or, the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.

(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with 262.20(a) of this chapter and the following instructions:

(1) Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.

(2) Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.

(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in Item 5 of the new manifest.

(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.

(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with 262.20(a) of this chapter and the following instructions:

(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the facility's site address in the designated space for Item 5 of the new manifest.

(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.

(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.

(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this section.

(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility must also comply with the exception reporting requirements in 262.42(a).

(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 261.7(b) after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended.

HISTORY: Amended by State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012.

264.73. Operating record.

(a) The owner or operator must keep a written operating record at his facility.

(b) The following information must be recorded, as it becomes available, and maintained in the operating record for three years unless noted as follows:

(1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix I. This information must be maintained in the operating record until closure of the facility;

(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram that shows each cell or disposal area. For all facilities, this information must include cross references to manifest document numbers if the waste was accompanied by a manifest. This information must be maintained in the operating record until closure of the facility.

[Comment: See 264.119 for related requirements] (amended 11/90)

(3) Records and results of waste analyses and waste determinations performed as specified in 264.13, 264.17, 264.314, 264.341, 264.1034, 264.1063, 264.1083, 268.4(a), and 268.7; (amended 6/89, 12/92; 12/93)

(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in 264.56(j);

(5) Records and results of inspections as required by 264.15(d) (except these data need be kept only three years);

(6) Monitoring, testing or analytical data, and corrective action where required by subpart F and 264.19, 264.191, 264.193, 264.195, 264.222, 264.223, 264.226, 264.252-264.254, 264.276, 264.278, 264.280, 264.302-264.304, 264.309, 264.602, 264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and 264.1082 through 264.1090. Maintain in the operating record for three years, except for records and results pertaining to ground-water monitoring and cleanup which must be maintained in the operating record until closure of the facility.

(7) For offsite facilities, notices to generators as specified in Subpart B Section 264.12(b); and

(8) All closure cost estimates under 264.142, and for disposal facilities, all postclosure cost estimates under 264.144. This information must be maintained in the operating record until closure of the facility.

(9) A certification by the permittee no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.

(10) Records of the quantities and date of placement for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to 268.5, a petition pursuant to 268.6, or a certification under 268.8, and the applicable notice required by a generator under 268.7(a). This information must be maintained in the operating record until closure of the facility.

(11) For an offsite treatment facility, a copy of the notice, and the certification and demonstration, if applicable required by the generator or the owner or operator under Section 268.7 or Section 268.8;

(12) For an onsite treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under Section 268.7 or Section 268.8;

(13) For an offsite land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under Section 268.7 and Section 268.8, whichever is applicable; and

(14) For an onsite land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under Section 268.7, except for the manifest number, and the certification and demonstration if applicable, required under Section 268.8, whichever is applicable.

(15) For an offsite storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under Section 268.7 or Section 268.8; and

(16) For an onsite storage facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under Section 268.7 or Section 268.8.

(17) Any records required under 264.1(j)(13).

(18) Monitoring, testing or analytical data where required by 264.347 must be maintained in the operating record for five years.

(19) Certifications as required by 264.196(f) must be maintained in the operating record until closure of the facility.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 32, Issue No. 6, eff June 27, 2008.

264.74. Availability, retention, and disposition of records.

(a) All records, including plans, required under these regulations must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the Department.

(b) The retention period for all records required under these regulations is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department.

(c) A copy of records of waste disposal locations and quantities under Section 264.73(b)(2) must be submitted to the Department and local land authority upon closure of the facility.

HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.

264.75. Quarterly report.

(a) Each owner or operator of a hazardous waste facility shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the Department including (revised 12/92)

(1) The types and quantities of hazardous waste generated giving the EPA hazardous waste number (from R.61-79.261 Subparts C or D) and the DOT hazardous class;

(2) The types and quantities of hazardous waste received at the facility during the reporting period;

(3) The types and quantities of hazardous wastes treated, stored, disposed of, and otherwise handled during the reporting period; (amended 11/90)[subsets moved 12/93]

(4) The EPA identification number, name, and address of the facility; and

(5) The calendar quarter covered by the report;

(6) For offsite facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator;

(7) A description and the quantity of each hazardous waste the facility received during the year. For offsite facilities, this information must be listed by EPA identification number of each generator; and

(8) The most recent closure cost estimate under Section 264.142, and, for disposal facilities, the most recent post-closure cost estimate under Section 264.144; and

(9) Certification from any out-of-state generator who shipped waste to the facility during the reporting period that he has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined to be economically practicable and that the proposed method of handling the waste is that practicable method currently available which minimizes the present and future threat to human health and the environment;

(10) The method of treatment, storage, or disposal for each hazardous waste;

(11) Certification of information signed by the owner or operator of the facility or his authorized representative. (moved 11/90)

(b) Each owner or operator shall submit the information required by paragraph (a) on a form designated by the Department and according to the instructions included with such form.

(c) Each owner or operator shall retain a copy of the report required in paragraphs (a) and (b) for a period of three (3) years.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.

264.76. Unmanifested waste report.

(a) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described by 263.20(e) of this chapter, and if the waste is not excluded from the manifest requirement by 261.5 of this chapter, then the owner or operator must prepare and submit a letter to the Agency within 15 days after receiving the waste. The unmanifested waste report must contain the following information:

(1) The EPA identification number, name and address of the facility;

(2) The date the facility received the waste;

(3) The EPA identification number, name and address of the generator and the transporter, if available;

(4) A description and the quantity of each unmanifested hazardous waste the facility received;

(5) The method of treatment, storage, or disposal for each hazardous waste;

(6) The certification signed by the owner or operator of the facility or his authorized representative; and,

(7) A brief explanation of why the waste was unmanifested, if known.

(b) [Reserved]

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 11, eff November 25, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 31, Issue No. 2, eff February 23, 2007.

264.77. Additional reports.

In addition to submitting the reports described in 264.75 and 264.76, each owner or operator of an applicable hazardous waste facility must submit the groundwater reports required under 264.97(i) and furnish additional reports concerning their hazardous waste activities including the following: (amended 11/90)

(a) Releases, fires, and explosions as specified in Section 264.56(j).

(b) Facility closures specified in Section 264.115; and

(c) As otherwise required by subparts F, K through N, AA, BB, and CC of R.61-79.264 (revised 12/92).

(d) With the fourth quarter report, generators who treat, store, or dispose of hazardous waste onsite, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated (moved 12/93 from 264.75);

(e) For generators who treat, store, or dispose of hazardous waste onsite, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984.

HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.

264.78. Hazardous waste contingency fund fees [see Section 44-56-170 & -510].

A check payable to the Department for the amount of the following fees:

(A) A fee of thirty-four dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal.

(B) A fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal.

(C) A fee of one dollar per ton of hazardous wastes in excess of fifty tons remaining in storage at the end of the reporting period.

(D) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-four dollars a ton.

(E) A fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State.

(F) Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be credited to the general fund of the State. For purposes of this subsection, "incineration" includes hazardous waste incinerators, boilers, and industrial furnaces.

HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993.

SUBPART F. GROUNDWATER PROTECTION--RELEASES FROM SOLID WASTE MANAGEMENT UNITS

264.90. Applicability.

(a)(1) Except as provided in paragraph (b) of this section, the regulations in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in paragraph (a)(2) of this section for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in such units.

(2) All solid waste management units must comply with the requirements in Section 264.101. A surface impoundment, waste pile, and land treatment unit or landfill that receives hazardous waste after July 26, 1982 (hereinafter referred to as a "regulated unit") must comply with the requirements of Sections 264.91-264.100 in lieu of Section 264.101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of Section 264.101 apply to regulated units.

(b) The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer under this section if:

(1) The owner or operator is exempted under Section 264.1; or

(2) He operates a unit which the Department finds:

(i) Is an engineered structure,

(ii) Does not receive or contain liquid waste or waste containing free liquids,

(iii) Is designed and operated to exclude liquid, precipitation, and other run-on and run-off,

(iv) Has both inner and outer layers of containment enclosing the waste,

(v) Has a leak detection system built into each containment layer,

(vi) The owner or operator will provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and post-closure care periods, and

(vii) To a reasonable degree of certainty, will not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the post-closure care period.

(3) The Department finds, pursuant to 264.280(d), that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of 264.278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an owner or operator of responsibility to meet the requirements of this section during the postclosure care period; or

(4) The Department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the post-closure care period specified under Section 264.117. This demonstration must be certified by a qualified geologist or geo-technical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator must base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.

(5) He designs and operates a pile in compliance with Section 264.250(c).

(c) The regulations under this subpart apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this subpart:

(1) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure;

(2) Apply during the post-closure care period under Section 264.117 if the owner or operator is conducting a detection monitoring program under Section 264.98; or,

(3) Apply during the compliance period under Section 264.96 if the owner or operator is conducting a compliance monitoring program under Section 264.99 or a corrective action program under Section 264.100.

(4) [Reserved]

(d) Regulations in this subpart may apply to miscellaneous units when necessary to comply with Subparts 264.601 through 264.603.

(e) [Reserved]

(f) The Department may replace all or part of the requirements of 264.91 through 264.100 applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the permit (as defined in 270.1(c)(7)) where the Department determines that: (8/00)

(1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and

(2) It is not necessary to apply the groundwater monitoring and corrective action requirements of 264.91 through 264.100 because alternative requirements will protect human health and the environment.

HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; S