Back [Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261]
[Page 30-55]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec. 261.1 Purpose and scope.
(a) This part identifies those solid wastes which are subject to
regulation as hazardous wastes under parts 262 through 265, 268, and
parts 270, 271, and 124 of this chapter and which are subject to the
notification requirements of section 3010 of RCRA. In this part:
(1) Subpart A defines the terms ``solid waste'' and ``hazardous
waste'', identifies those wastes which are excluded from regulation
under parts 262 through 266, 268 and 270 and establishes special
management requirements for hazardous waste produced by conditionally
exempt small quantity generators and hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by EPA to identify
characteristics of hazardous waste and to list particular hazardous
wastes.
(3) Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous wastes.
(b)(1) The definition of solid waste contained in this part applies
only to wastes that also are hazardous for purposes of the regulations
implementing subtitle C of RCRA. For example, it does not apply to
materials (such as non-hazardous scrap, paper, textiles, or rubber) that
are not otherwise hazardous wastes and that are recycled.
(2) This part identifies only some of the materials which are solid
wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA.
A material which is not defined as a solid waste in this part, or is not
a hazardous waste identified or listed in this part, is still a solid
waste and a hazardous waste for purposes of these sections if:
(i) In the case of sections 3007 and 3013, EPA has reason to believe
that the material may be a solid waste within the meaning of section
1004(27) of RCRA and a hazardous waste within the meaning of section
1004(5) of RCRA; or
(ii) In the case of section 7003, the statutory elements are
established.
(c) For the purposes of Secs. 261.2 and 261.6:
(1) A ``spent material'' is any material that has been used and as a
result of contamination can no longer serve the purpose for which it was
produced without processing;
(2) ``Sludge'' has the same meaning used in Sec. 260.10 of this
chapter;
(3) A ``by-product'' is a material that is not one of the primary
products of a production process and is not solely or
[[Page 31]]
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 intermediate) in
an industrial process to make a product (for example, distillation
bottoms from one process used as feedstock in another process). However,
a material will not satisfy this condition if distinct components of the
material are recovered as separate end products (as when metals are
recovered from metal-containing secondary materials); or
(ii) Employed in a particular function or application as an
effective substitute for a commercial product (for example, spent pickle
liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment).
(6) ``Scrap metal'' is bits and pieces of metal parts (e.g.,) bars,
turnings, rods, sheets, wire) or metal pieces that may be combined
together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is ``recycled'' if it is used, reused, or reclaimed.
(8) A material is ``accumulated speculatively'' if it is accumulated
before being recycled. A material is not accumulated speculatively,
however, if the person accumulating it can show that the material is
potentially recyclable and has a feasible means of being recycled; and
that--during the calendar year (commencing on January 1)--the amount of
material that is recycled, or transferred to a different site for
recycling, equals at least 75 percent by weight or volume of the amount
of that material accumulated at the beginning of the period. In
calculating the percentage of turnover, the 75 percent requirement is to
be applied to each material of the same type (e.g., slags from a single
smelting process) that is recycled in the same way (i.e., from which the
same material is recovered or that is used in the same way). Materials
accumulating in units that would be exempt from regulation under
Sec. 261.4(c) are not to be included in making the calculation.
(Materials that are already defined as solid wastes also are not to be
included in making the calculation.) Materials are no longer in this
category once they are removed from accumulation for recycling, however.
(9) ``Excluded scrap metal'' is processed scrap metal, unprocessed
home scrap metal, and unprocessed prompt scrap metal.
(10) ``Processed scrap metal'' is scrap metal which has been
manually or physically altered to either separate it into distinct
materials to enhance economic value or to improve the handling of
materials. Processed scrap metal includes, but is not limited to scrap
metal which has been baled, shredded, sheared, chopped, crushed,
flattened, cut, melted, or separated by metal type (i.e., sorted), and,
fines, drosses and related materials which have been agglomerated.
(Note: shredded circuit boards being sent for recycling are not
considered processed scrap metal. They are covered under the exclusion
from the definition of solid waste for shredded circuit boards being
recycled (Sec. 261.4(a)(13)).
(11) ``Home scrap metal'' is scrap metal as generated by steel
mills, foundries, and refineries such as turnings, cuttings, punchings,
and borings.
(12) ``Prompt scrap metal'' is scrap metal as generated by the metal
working/fabrication industries and includes such scrap metal as
turnings, cuttings, punchings, and borings. Prompt scrap is also known
as industrial or new scrap metal.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7,
1986; 62 FR 26018, May 12, 1997]
Sec. 261.2 Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded
by Sec. 261.4(a) or that is not excluded by
[[Page 32]]
variance granted under Secs. 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 40 CFR
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 (4) of this section.
(1) Used in a manner constituting disposal. (i) Materials noted with
a ``*'' in Column 1 of Table I are solid wastes when they are:
(A) Applied to or placed on the land in a manner that constitutes
disposal; or
(B) Used to produce products that are applied to or placed on the
land or are otherwise contained in products that are applied to or
placed on the land (in which cases the product itself remains a solid
waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are applied to the land and that is their
ordinary manner of use.
(2) Burning for energy recovery. (i) Materials noted with a ``*'' in
column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in
which cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are themselves fuels.
(3) Reclaimed. Materials noted with a ``*'' in column 3 of Table 1
are solid wastes when reclaimed (except as provided under
Sec. 261.4(a)(17)). Materials noted with a ``--''in column 3 of Table 1
are not solid wastes when reclaimed.
(4) Accumulated speculatively. Materials noted with a ``*'' in
column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1
----------------------------------------------------------------------------------------------------------------
Reclamation (Sec.
261.2(c)(3))
Use constituting Energy recovery/ (except as provided Speculative
disposal (Sec. fuel (Sec. in 261.4(a)(17) for accumulation (Sec.
261.2(c)(1)) 261.2(c)(2)) mineral processing 261.2(c)(4))
secondary
materials)
----------------------------------------------------------------------------------------------------------------
1 2 3 4
-----------------------------
Spent Materials............. (*) (*) (*) (*)
Sludges (listed in 40 CFR (*) (*) (*) (*)
Part 261.31 or 261.32......
Sludges exhibiting a (*) (*) -- (*)
characteristic of hazardous
waste......................
By-products (listed in 40 (*) (*) (*) (*)
CFR 261.31 or 261.32)......
By-products exhibiting a (*) (*) -- (*)
characteristic of hazardous
waste......................
Commercial chemical products (*) (*) -- --
listed in 40 CFR 261.33....
Scrap metal other than (*) (*) (*) (*)
excluded scrap metal (see
261.1(c)(9))...............
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
metal'' are defined in Sec. 261.1.
(d) Inherently waste-like materials. The following materials are
solid wastes when they are recycled in any manner:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to
make a product at the site of generation), F022, F023, F026, and F028.
(2) Secondary materials fed to a halogen acid furnace that exhibit a
characteristic of a hazardous waste or are listed as a hazardous waste
as defined
[[Page 33]]
in subparts C or D of this part, except for brominated material that
meets the following criteria:
(i) The material must contain a bromine concentration of at least
45%; and
(ii) The material must contain less than a total of 1% of toxic
organic compounds listed in appendix VIII; and
(iii) The material is processed continually on-site in the halogen
acid furnace via direct conveyance (hard piping).
(3) The Administrator will use the following criteria to add wastes
to that list:
(i)(A) The materials are ordinarily disposed of, burned, or
incinerated; or
(B) The materials contain toxic constituents listed in appendix VIII
of part 261 and these constituents are not ordinarily found in raw
materials or products for which the materials substitute (or are found
in raw materials or products in smaller concentrations) and are not used
or reused during the recycling process; and
(ii) The material may pose a substantial hazard to human health and
the environment when recycled.
(e) Materials that are not solid waste when recycled. (1) Materials
are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an industrial process to make a
product, provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes for commercial
products; or
(iii) Returned to the original process from which they are
generated, without first being reclaimed or land disposed. The material
must be returned as a substitute for feedstock materials. In cases where
the original process to which the material is returned is a secondary
process, the materials must be managed such that there is no placement
on the land. In cases where the materials are generated and reclaimed
within the primary mineral processing industry, the conditions of the
exclusion found at Sec. 261.4(a)(17) apply rather than this paragraph.
(2) The following materials are solid wastes, even if the recycling
involves use, reuse, or return to the original process (described in
paragraphs (e)(1) (i) through (iii) of this section):
(i) Materials used in a manner constituting disposal, or used to
produce products that are applied to the land; or
(ii) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels; or
(iii) Materials accumulated speculatively; or
(iv) Materials listed in paragraphs (d)(1) and (d)(2) of this
section.
(f) Documentation of claims that materials are not solid wastes or
are conditionally exempt from regulation. Respondents in actions to
enforce regulations implementing subtitle C of RCRA who raise a claim
that a certain material is not a solid waste, or is conditionally exempt
from regulation, must demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the
exclusion or exemption. In doing so, they must provide appropriate
documentation (such as contracts showing that a second person uses the
material as an ingredient in a production process) to demonstrate that
the material is not a waste, or is exempt from regulation. In addition,
owners or operators of facilities claiming that they actually are
recycling materials must show that they have the necessary equipment to
do so.
[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug.
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26,
1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002]
Sec. 261.3 Definition of hazardous waste.
(a) A solid waste, as defined in Sec. 261.2, is a hazardous waste
if:
(1) It is not excluded from regulation as a hazardous waste under
Sec. 261.4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste
identified in subpart C of this part. However, any mixture of a waste
from the extraction, beneficiation, and processing of ores and minerals
excluded under Sec. 261.4(b)(7) and any other solid waste
[[Page 34]]
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 I to Sec. 261.24 that
would not have been exceeded by the excluded waste alone if the mixture
had not occurred or if it continues to exceed the maximum concentration
for any contaminant exceeded by the nonexempt waste prior to mixture.
(ii) It is listed in subpart D of this part and has not been
excluded from the lists in subpart D of this part under Secs. 260.20 and
260.22 of this chapter.
(iii) [Reserved]
(iv) It is a mixture of solid waste and one or more hazardous wastes
listed in subpart D of this part and has not been excluded from
paragraph (a)(2) of this section under Secs. 260.20 and 260.22,
paragraph (g) of this section, or paragraph (h) of this section;
however, the following mixtures of solid wastes and hazardous wastes
listed in subpart D of this part are not hazardous wastes (except by
application of paragraph (a)(2)(i) or (ii) of this section) if the
generator can demonstrate that the mixture consists of wastewater the
discharge of which is subject to regulation under either section 402 or
section 307(b) of the Clean Water Act (including wastewater at
facilities which have eliminated the discharge of wastewater) and;
(A) One or more of the following solvents listed in Sec. 261.31--
carbon tetrachloride, tetrachloroethylene, trichloroethylene--Provided,
That the maximum total weekly usage of these solvents (other than the
amounts that can be demonstrated not to be discharged to wastewater)
divided by the average weekly flow of wastewater into the headworks of
the facility's wastewater treatment or pretreatment system does not
exceed 1 part per million; or
(B) One or more of the following spent solvents listed in
Sec. 261.31--methylene chloride, 1,1,1-trichloroethane, chlorobenzene,
o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
chlorofluorocarbon solvents--provided that the maximum total weekly
usage of these solvents (other than the amounts that can be demonstrated
not to be discharged to wastewater) divided by the average weekly flow
of wastewater into the headworks of the facility's wastewater treatment
or pretreatment system does not exceed 25 parts per million; or
(C) One of the following wastes listed in Sec. 261.32, provided that
the wastes are discharged to the refinery oil recovery sewer before
primary oil/water/solids separation--heat exchanger bundle cleaning
sludge from the petroleum refining industry (EPA Hazardous Waste No.
K050), crude oil storage tank sediment from petroleum refining
operations (EPA Hazardous Waste No. K169), clarified slurry oil tank
sediment and/or in-line filter/separation solids from petroleum refining
operations (EPA Hazardous Waste No. K170), spent hydrotreating
catalyst(EPA Hazardous Waste No. K171), and spent hydrorefining catalyst
(EPA Hazardous Waste No. K172); or
(D) A discarded commercial chemical product, or chemical
intermediate listed in Sec. 261.33, arising from de minimis losses of
these materials from manufacturing operations in which these materials
are used as raw materials or are produced in the manufacturing process.
For purposes of this paragraph (a)(2)(iv)(D), ``de minimis'' losses
include those from normal material handling operations (e.g., spills
from the unloading or transfer of materials from bins or other
containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks of process equipment, storage tanks or
containers; leaks from well maintained pump packings and seals; sample
purgings; relief device discharges; discharges from safety showers and
rinsing and cleaning of personal safety equipment; and rinsate from
empty containers or from containers that are rendered empty by that
rinsing; or
[[Page 35]]
(E) Wastewater resulting from laboratory operations containing toxic
(T) wastes listed in subpart D of this part, Provided, That the
annualized average flow of laboratory wastewater does not exceed one
percent of total wastewater flow into the headworks of the facility's
wastewater treatment or pre-treatment system or provided the wastes,
combined annualized average concentration does not exceed one part per
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are
demonstrated not to be discharged to wastewater are not to be included
in this calculation; or
(F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K157)--Provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and triethylamine
(including all amounts that can not 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 dilutions into the headworks of the facility's
wastewater treatment system does not exceed a total of 5 parts per
million by weight; or
(G) Wastewaters derived from the treatment of one or more of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156).--Provided, that the maximum concentration of
formaldehyde, methyl chloride, methylene chloride, and triethylamine
prior to any dilutions into the headworks of the facility's wastewater
treatment system does not exceed a total of 5 milligrams per liter.
(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.
202-512-1800 (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) of this section becomes a hazardous waste when any of
the following events occur:
(1) In the case of a waste listed in subpart D of this part, when
the waste first meets the listing description set forth in subpart D of
this part.
(2) In the case of a mixture of solid waste and one or more listed
hazardous wastes, when a hazardous waste listed in subpart D is first
added to the solid waste.
(3) In the case of any other waste (including a waste mixture), when
the waste exhibits any of the characteristics identified in subpart C of
this part.
(c) Unless and until it meets the criteria of paragraph (d) of this
section:
(1) A hazardous waste will remain a hazardous waste.
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or
(h) of this section, any solid waste generated from the treatment,
storage, or disposal of a
[[Page 36]]
hazardous waste, including any sludge, spill residue, ash emission
control dust, or leachate (but not including precipitation run-off) is a
hazardous waste. (However, materials that are reclaimed from solid
wastes and that are used beneficially are not solid wastes and hence are
not hazardous wastes under this provision unless the reclaimed material
is burned for energy recovery or used in a manner constituting
disposal.)
(ii) The following solid wastes are not hazardous even though they
are generated from the treatment, storage, or disposal of a hazardous
waste, unless they exhibit one or more of the characteristics of
hazardous waste:
(A) Waste pickle liquor sludge generated by lime stabilization of
spent pickle liquor from the iron and steel industry (SIC Codes 331 and
332).
(B) Waste from burning any of the materials exempted from regulation
by Sec. 261.6(a)(3)(iii) and (iv).
(C)(1) Nonwastewater residues, such as slag, resulting from high
temperature metals recovery (HTMR) processing of K061, K062 or F006
waste, in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/
electric furnace combinations or industrial furnaces (as defined in
paragraphs (6), (7), and (13) of the definition for ``Industrial
furnace'' in 40 CFR 260.10), that are disposed in subtitle D units,
provided that these residues meet the generic exclusion levels
identified in the tables in this paragraph for all constituents, and
exhibit no characteristics of hazardous waste. Testing requirements must
be incorporated in a facility's waste analysis plan or a generator's
self-implementing waste analysis plan; at a minimum, composite samples
of residues must be collected and analyzed quarterly and/or when the
process or operation generating the waste changes. Persons claiming this
exclusion in an enforcement action will have the burden of proving by
clear and convincing evidence that the material meets all of the
exclusion requirements.
------------------------------------------------------------------------
Maximum for any
single
Constituent composite
sample--TCLP
(mg/l)
------------------------------------------------------------------------
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
--------------------------------------------------------
Generic exclusion levels for F006 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Cyanide (total) (mg/kg)................................ 1.8
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
(2) A one-time notification and certification must be placed in the
facility's files and sent to the EPA region or authorized state for
K061, K062 or F006 HTMR residues that meet the generic exclusion levels
for all constituents and do not exhibit any characteristics that are
sent to subtitle D units. The notification and certification that is
placed in the generators or treaters files must be updated if the
process or operation generating the waste changes and/or if the subtitle
D unit receiving the waste changes. However, the generator or treater
need only notify the EPA region or an authorized state on an annual
basis if such changes occur. Such notification and certification should
be sent to the EPA region or authorized state by the end of the calendar
year, but no later than December 31. The notification must include the
following information: The name and address of the subtitle D unit
receiving the waste shipments; the EPA Hazardous Waste Number(s) and
[[Page 37]]
treatability group(s) at the initial point of generation; and, the
treatment standards applicable to the waste at the initial point of
generation. The certification must be signed by an authorized
representative and must state as follows: ``I certify under penalty of
law that the generic exclusion levels for all constituents have been met
without impermissible dilution and that no characteristic of hazardous
waste is exhibited. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.''
(D) Biological treatment sludge from the treatment of one of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156), and wastewaters from the production of
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
(E) Catalyst inert support media separated from one of the following
wastes listed in Sec. 261.32--Spent hydrotreating catalyst (EPA
Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA
Hazardous Waste No. K172).
(d) Any solid waste described in paragraph (c) of this section is
not a hazardous waste if it meets the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the
characteristics of hazardous waste identified in subpart C of this part.
(However, wastes that exhibit a characteristic at the point of
generation may still be subject to the requirements of part 268, even if
they no longer exhibit a characteristic at the point of land disposal.)
(2) In the case of a waste which is a listed waste under subpart D
of this part, contains a waste listed under subpart D of this part or is
derived from a waste listed in subpart D of this part, it also has been
excluded from paragraph (c) of this section under Secs. 260.20 and
260.22 of this chapter.
(e) [Reserved]
(f) Notwithstanding paragraphs (a) through (d) of this section and
provided the debris as defined in part 268 of this chapter does not
exhibit a characteristic identified at subpart C of this part, the
following materials are not subject to regulation under 40 CFR parts
260, 261 to 266, 268, or 270:
(1) Hazardous debris as defined in part 268 of this chapter that has
been treated using one of the required extraction or destruction
technologies specified in Table 1 of Sec. 268.45 of this chapter;
persons claiming this exclusion in an enforcement action will have the
burden of proving by clear and convincing evidence that the material
meets all of the exclusion requirements; or
(2) Debris as defined in part 268 of this chapter that the Regional
Administrator, considering the extent of contamination, has determined
is no longer contaminated with hazardous waste.
(g)(1) A hazardous waste that is listed in subpart D of this part
solely because it exhibits one or more characteristics of ignitability
as defined under Sec. 261.21, corrosivity as defined under Sec. 261.22,
or reactivity as defined under Sec. 261.23 is not a hazardous waste, if
the waste no longer exhibits any characteristic of hazardous waste
identified in subpart C of this part.
(2) The exclusion described in paragraph (g)(1) of this section also
pertains to:
(i) Any mixture of a solid waste and a hazardous waste listed in
subpart D of this part solely because it exhibits the characteristics of
ignitability, corrosivity, or reactivity as regulated under paragraph
(a)(2)(iv) of this section; and
(ii) Any solid waste generated from treating, storing, or disposing
of a hazardous waste listed in subpart D of this part solely because it
exhibits the characteristics of ignitability, corrosivity, or reactivity
as regulated under paragraph (c)(2)(i) of this section.
(3) Wastes excluded under this section are subject to part 268 of
this chapter (as applicable), even if they no longer exhibit a
characteristic at the point of land disposal.
(4) any mixture of a solid waste excluded from regulation under
Sec. 261.4(b)(7) and a hazardous waste listed in subpart D of this part
solely because it exhibits one or more of the characteristics of
ignitability,
[[Page 38]]
corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) of
this section is not a hazardous waste, if the mixture no longer exhibits
any characteristic of hazardous waste identified in subpart C of this
part for which the hazardous waste listed in subpart D of this part was
listed.
(h)(1) Hazardous waste containing radioactive waste is no longer a
hazardous waste when it meets the eligibility criteria and conditions of
40 CFR part 266, Subpart N (``eligible radioactive mixed waste'').
(2) The exemption described in paragraph (h)(1) of this section also
pertains to:
(i) Any mixture of a solid waste and an eligible radioactive mixed
waste; and
(ii) Any solid waste generated from treating, storing, or disposing
of an eligible radioactive mixed waste.
(3) Waste exempted under this section must meet the eligibility
criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230
(for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315
(for transportation and disposal). Waste that fails to satisfy these
eligibility criteria and conditions is regulated as hazardous waste.
[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct.
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16,
2001; 66 FR 50333, Oct. 3, 2001]
Sec. 261.4 Exclusions.
(a) Materials which are not solid wastes. The following materials
are not solid wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly-owned treatment works for
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass
through a sewer system.
(2) Industrial wastewater discharges that are point source
discharges subject to regulation under section 402 of the Clean Water
Act, as amended.
[Comment: This exclusion applies only to the actual point source
discharge. It does not exclude industrial wastewaters while they are
being collected, stored or treated before discharge, nor does it exclude
sludges that are generated by industrial wastewater treatment.]
(3) Irrigation return flows.
(4) Source, special nuclear or by-product material as defined by the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
(5) Materials subjected to in-situ mining techniques which are not
removed from the ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a
pulping liquor recovery furnace and then reused in the pulping process,
unless it is accumulated speculatively as defined in Sec. 261.1(c) of
this chapter.
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless
it is accumulated speculatively as defined in Sec. 261.1(c) of this
chapter.
(8) Secondary materials that are reclaimed and returned to the
original process or processes in which they were generated where they
are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected with
pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such
as occurs in boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks
for over twelve months without being reclaimed; and
(iv) The reclaimed material is not used to produce a fuel, or used
to produce products that are used in a manner constituting disposal.
(9)(i) Spent wood preserving solutions that have been reclaimed and
are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been
reclaimed and are reused to treat wood.
(iii) Prior to reuse, the wood preserving wastewaters and spent wood
[[Page 39]]
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 submits to the appropriate Regional Administrator or State
Director 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 for a period of no less than 3 years from the
date specified in the notice. The exclusion applies only so long as the
plant meets all of the conditions. If the plant goes out of compliance
with any condition, it may apply to the appropriate Regional
Administrator or State Director for reinstatement. The Regional
Administrator or State Director may reinstate the exclusion upon finding
that the plant has returned to compliance with all conditions and that
violations are not likely to recur.
(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144,
K145, K147, and K148, and any wastes from the coke by-products processes
that are hazardous only because they exhibit the Toxicity Characteristic
(TC) specified in section 261.24 of this part when, subsequent to
generation, these materials are recycled to coke ovens, to the tar
recovery process as a feedstock to produce coal tar, or mixed with coal
tar prior to the tar's sale or refining. This exclusion is conditioned
on there being no land disposal of the wastes from the point they are
generated to the point they are recycled to coke ovens or tar recovery
or refining processes, or mixed with coal tar.
(11) Nonwastewater splash condenser dross residue from the treatment
of K061 in high temperature metals recovery units, provided it is
shipped in drums (if shipped) and not land disposed before recovery.
(12) (i) Oil-bearing hazardous secondary materials (i.e., sludges,
byproducts, or spent materials) that are generated at a petroleum
refinery (SIC code 2911) and are inserted into the petroleum refining
process (SIC code 2911--including, but not limited to, distillation,
catalytic cracking, fractionation, or thermal cracking units (i.e.,
cokers)) unless the material is placed on the land, or speculatively
accumulated before being so recycled. Materials inserted into thermal
cracking units are excluded under this paragraph, provided that the coke
product also does not exhibit a characteristic of hazardous waste. Oil-
bearing hazardous secondary materials may be inserted into the same
petroleum refinery where they are generated, or sent directly to another
petroleum refinery, and still be excluded under this provision. Except
as provided in paragraph (a)(12)(ii) of this section, oil-bearing
hazardous secondary materials generated elsewhere in the petroleum
industry (i.e., from sources other than petroleum refineries) are not
excluded under this section. Residuals generated from processing or
recycling materials excluded under this paragraph (a)(12)(i), where such
materials as generated would have otherwise met a listing under subpart
D of this part, are designated as F037 listed wastes when disposed of or
intended for disposal.
[[Page 40]]
(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 (i.e., comparable/
syngas fuels) that meet the requirements of Sec. 261.38.
(17) Spent materials (as defined in Sec. 261.1) (other than
hazardous wastes listed in subpart D of this part) generated within the
primary mineral processing industry from which minerals, acids, cyanide,
water, or other values are recovered by mineral processing or by
beneficiation, provided that:
(i) The spent material is legitimately recycled to recover minerals,
acids, cyanide, water or other values;
(ii) The spent material is not accumulated speculatively;
(iii) Except as provided in paragraph (a)(17)(iv) of this section,
the spent material is stored in tanks, containers, or buildings meeting
the following minimum integrity standards: a building must be an
engineered structure with a floor, walls, and a roof all of which are
made of non-earthen materials providing structural support (except
smelter buildings may have partially earthen floors provided the
secondary material is stored on the non-earthen portion), and have a
roof suitable for diverting rainwater away from the foundation; a tank
must be free standing, not be a surface impoundment (as defined in 40
CFR 260.10), and be manufactured of a material suitable for containment
of its contents; a container must be free standing and be manufactured
of a material suitable for containment of its contents. If tanks or
containers contain any particulate which may be subject to wind
dispersal, the owner/operator must operate these units in a manner which
controls fugitive dust. Tanks, containers, and buildings must be
designed, constructed and operated to prevent significant releases to
the environment of these materials.
(iv) The Regional Administrator or State Director may make a site-
specific determination, after public review and comment, that only solid
mineral processing spent material may be placed on pads rather than
tanks containers, or buildings. Solid mineral processing spent materials
do not contain any free liquid. The decision-maker must affirm that pads
are designed, constructed and operated to prevent significant releases
of the secondary material into the environment. Pads must provide the
same degree of containment afforded by the non-RCRA tanks, containers
and buildings eligible for exclusion.
(A) The decision-maker must also consider if storage on pads poses
the potential for significant releases via groundwater, surface water,
and air exposure pathways. Factors to be considered for assessing the
groundwater, surface water, air exposure pathways are: The volume and
physical and chemical properties of the secondary material, including
its potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad
via each exposure pathway, and the possibility and extent of harm to
[[Page 41]]
human and environmental receptors via each exposure pathway.
(B) Pads must meet the following minimum standards: Be designed of
non-earthen material that is compatible with the chemical nature of the
mineral processing spent material, capable of withstanding physical
stresses associated with placement and removal, have run on/runoff
controls, be operated in a manner which controls fugitive dust, and have
integrity assurance through inspections and maintenance programs.
(C) Before making a determination under this paragraph, the Regional
Administrator or State Director must provide notice and the opportunity
for comment to all persons potentially interested in the determination.
This can be accomplished by placing notice of this action in major local
newspapers, or broadcasting notice over local radio stations.
(v) The owner or operator provides notice to the Regional
Administrator or State Director providing the following information: The
types of materials to be recycled; the type and location of the storage
units and recycling processes; and the annual quantities expected to be
placed in land-based units. This notification must be updated when there
is a change in the type of materials recycled or the location of the
recycling process.
(vi) For purposes of paragraph (a)(7) of this section, mineral
processing spent materials must be the result of mineral processing and
may not include any listed hazardous wastes. Listed hazardous wastes and
characteristic hazardous wastes generated by non-mineral processing
industries are not eligible for the conditional exclusion from the
definition of solid waste.
(18) Petrochemical recovered oil from an associated organic chemical
manufacturing facility, where the oil is to be inserted into the
petroleum refining process (SIC code 2911) along with normal petroleum
refinery process streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene
(Sec. 261.24, waste code D018); and
(ii) The oil generated by the organic chemical manufacturing
facility is not placed on the land, or speculatively accumulated before
being recycled into the petroleum refining process. An ``associated
organic chemical manufacturing facility'' is a facility where the
primary SIC code is 2869, but where operations may also include SIC
codes 2821, 2822, and 2865; and is physically co-located with a
petroleum refinery; and where the petroleum refinery to which the oil
being recycled is returned also provides hydrocarbon feedstocks to the
organic chemical manufacturing facility. ``Petrochemical recovered oil''
is oil that has been reclaimed from secondary materials (i.e., sludges,
byproducts, or spent materials, including wastewater) from normal
organic chemical manufacturing operations, as well as oil recovered from
organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum refining liquid treating
processes used as a feedstock to produce cresylic or naphthenic acid
unless the material is placed on the land, or accumulated speculatively
as defined in Sec. 261.1(c).
(b) Solid wastes which are not hazardous wastes. The following solid
wastes are not hazardous wastes:
(1) Household waste, including household waste that has been
collected, transported, stored, treated, disposed, recovered (e.g.,
refuse-derived fuel) or reused. ``Household waste'' means any material
(including garbage, trash and sanitary wastes in septic tanks) derived
from households (including single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas). A resource recovery facility
managing municipal solid waste shall not be deemed to be treating,
storing, disposing of, or otherwise managing hazardous wastes for the
purposes of regulation under this subtitle, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not
contain hazardous waste; and
[[Page 42]]
(ii) Such facility does not accept hazardous wastes and the owner or
operator of such facility has established contractual requirements or
other appropriate notification or inspection procedures to assure that
hazardous wastes are not received at or burned in such facility.
(2) Solid wastes generated by any of the following and which are
returned to the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste, generated primarily from the combusion of coal
or other fossil fuels, except as provided by Sec. 266.112 of this
chapter for facilities that burn or process hazardous waste.
(5) Drilling fluids, produced waters, and other wastes associated
with the exploration, development, or production of crude oil, natural
gas or geothermal energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic
because chromium is present or are listed in subpart D due to the
presence of chromium, which do not fail the test for the Toxicity
Characteristic for any other constituent or are not listed due to the
presence of any other constituent, and which do not fail the test for
any other characteristic, if it is shown by a waste generator or by
waste generators that:
(A) The chromium in the waste is exclusively (or nearly exclusively)
trivalent chromium; and
(B) The waste is generated from an industrial process which uses
trivalent chromium exlcusively (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 waste which meet the standard in paragraphs (b)(6)(i)
(A), (B), and (C) (so long as they do not fail the test for the toxicity
characteristic for any other constituent, and do not exhibit any other
characteristic) are:
(A) Chrome (blue) trimmings generated by the following subcategories
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the following subcategories
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following subcategories of the
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no
beamhouse; through-the-blue.
(D) Sewer screenings generated by the following subcategories of the
leather tanning and finishing industry: Hair pulp/crome 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 sludes generated by the following
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrometan/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 TiO<INF>2</INF>
pigment using chromium-bearing ores by the chloride process.
(7) Solid waste from the extraction, beneficiation, and processing
of ores and minerals (including coal, phosphate rock, and overburden
from the mining of uranium ore), except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
[[Page 43]]
(i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and
minerals is restricted to the following activities; crushing; grinding;
washing; dissolution; crystallization; filtration; sorting; sizing;
drying; sintering; pelletizing; briquetting; calcining to remove water
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in
preparation for leaching (except where the roasting (and/or autoclaving
and/or chlorination)/leaching sequence produces a final or intermediate
product that does not undergo further beneficiation or processing);
gravity concentration; magnetic separation; electrostatic separation;
flotation; ion exchange; solvent extraction; electrowinning;
precipitation; amalgamation; and heap, dump, vat, tank, and in situ
leaching.
(ii) For the purposes of Sec. 261.4(b)(7), solid waste from the
processing of ores and minerals includes only the following wastes as
generated:
(A) Slag from primary copper processing;
(B) Slag from primary lead processing;
(C) Red and brown muds from bauxite refining;
(D) Phosphogypsum from phosphoric acid production;
(E) Slag from elemental phosphorus production;
(F) Gasifier ash from coal gasification;
(G) Process wastewater from coal gasification;
(H) Calcium sulfate wastewater treatment plant sludge from primary
copper processing;
(I) Slag tailings from primary copper processing;
(J) Fluorogypsum from hydrofluoric acid production;
(K) Process wastewater from hydrofluoric acid production;
(L) Air pollution control dust/sludge from iron blast furnaces;
(M) Iron blast furnace slag;
(N) Treated residue from roasting/leaching of chrome ore;
(O) Process wastewater from primary magnesium processing by the
anhydrous process;
(P) Process wastewater from phosphoric acid production;
(Q) Basic oxygen furnace and open hearth furnace air pollution
control dust/sludge from carbon steel production;
(R) Basic oxygen furnace and open hearth furnace slag from carbon
steel production;
(S ) Chloride process waste solids from titanium tetrachloride
production;
(T) Slag from primary zinc processing.
(iii) A residue derived from co-processing mineral processing
secondary materials with normal beneficiation raw materials or with
normal mineral processing raw materials remains excluded under paragraph
(b) of this section if the owner or operator:
(A) Processes at least 50 percent by weight normal beneficiation raw
materials or normal mineral processing raw materials; and,
(B) Legitimately reclaims the secondary mineral processing
materials.
(8) Cement kiln dust waste, except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
(9) Solid waste which consists of discarded arsenical-treated wood
or wood products which fails the test for the Toxicity Characteristic
for Hazardous Waste Codes D004 through D017 and which is not a hazardous
waste for any other reason if the waste is generated by persons who
utilize the arsenical-treated wood and wood product for these materials'
intended end use.
(10) Petroleum-contaminated media and debris that fail the test for
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018
through D043 only) and are subject to the corrective action regulations
under part 280 of this chapter.
(11) Injected groundwater that is hazardous only because it exhibits
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043
only) in Sec. 261.24 of this part that is reinjected through an
underground injection well pursuant to free phase hydrocarbon recovery
operations undertaken at petroleum refineries, petroleum marketing
terminals, petroleum bulk plants, petroleum pipelines, and petroleum
transportation spill sites until January
[[Page 44]]
25, 1993. This extension applies to recovery operations in existence, or
for which contracts have been issued, on or before March 25, 1991. For
groundwater returned through infiltration galleries from such operations
at petroleum refineries, marketing terminals, and bulk plants, until
[insert date six months after publication]. New operations involving
injection wells (beginning after March 25, 1991) will qualify for this
compliance date extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a written state agreement
that includes a provision to assess the groundwater and the need for
further remediation once the free phase recovery is completed; and
(ii) A copy of the written agreement has been submitted to: Waste
Identification Branch (5304), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
(12) Used chlorofluorocarbon refrigerants from totally enclosed heat
transfer equipment, including mobile air conditioning systems, mobile
refrigeration, and commercial and industrial air conditioning and
refrigeration systems that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use.
(13) Non-terne plated used oil filters that are not mixed with
wastes listed in subpart D of this part if these oil filters have been
gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter dome
end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove used
oil.
(14) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected from landfills where
certain solid wastes have been disposed, provided that:
(i) The solid wastes disposed would meet one or more of the listing
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174,
K175, K176, K177, and K178, if these wastes had been generated after the
effective date of the listing;
(ii) The solid wastes described in paragraph (b)(15)(i) of this
section were disposed prior to the effective date of the listing:
(iii) The leachate or gas condensate do not exhibit any
characteristic of hazardous waste nor are derived from any other listed
hazardous waste;
(iv) Discharge of the leachate or gas condensate, including leachate
or gas condensate transferred from the landfill to a POTW by truck,
rail, or dedicated pipe, is subject to regulation under sections 307(b)
or 402 of the Clean Water Act.
(v) As of February 13, 2001, leachate or gas condensate derived from
K169-K172 is no longer exempt if it is stored or managed in a surface
impoundment prior to discharge. After November 21, 2003, leachate or gas
condensate derived from K176, K177, and K178 will no longer be exempt if
it is stored or managed in a surface impoundment prior to discharge.
There is one exception: if the surface impoundment is used to
temporarily store leachate or gas condensate in response to an emergency
situation (e.g., shutdown of wastewater treatment system), provided the
impoundment has a double liner, and provided the leachate or gas
condensate is removed from the impoundment and continues to be managed
in compliance with the conditions of this paragraph (b)(15)(v) after the
emergency ends.
(16) Sludges resulting from the treatment of wastewaters (not
including spent plating solutions) generated by the copper metallization
process at the International Business Machines Corporation (IBM)
semiconductor manufacturing facility in Essex Junction, VT, are exempt
from the F006 listing, provided that:
(i) IBM provides the Agency with semi-annual reports (by January 15
and July 15 of each year) detailing constituent analyses measuring the
concentrations of volatiles, semi-volatiles, and metals using methods
presented in part 264, appendix IX of this chapter of both the plating
solution utilized by, and the rinsewaters generated by, the copper
metallization process;
(ii) IBM provides the agency with semi-annual reports (by January 15
and
[[Page 45]]
July 15 of each year), through the year 2004, or when IBM has achieved
its facility-wide goal of a 40% reduction in greenhouse gas emissions
from a 1995 base year (when normalized to production), whichever is
first, that contain the following:
(A) Estimated greenhouse gas emissions, and estimated greenhouse gas
emission reductions. Greenhouse gas emissions will be reported in terms
of total mass emitted and mass emitted normalized to production; and
(B) The number of chemical vapor deposition chambers used in the
semiconductor manufacturing production line that have been converted to
either low flow C<INF>2</INF>F<INF>6</INF> or NF<INF>3</INF> during the
reporting period and the number of such chambers remaining to be
converted to achieve the facility goal for global warming gas emission
reductions.
(iii) No significant changes are made to the copper metallization
process such that any of the constituents listed in 40 CFR part 261,
appendix VII as the basis for the F006 listing are introduced into the
process.
(17) [Reserved]
(18) By-products resulting from the production of automobile air bag
gas generants at the Autoliv ASP Inc. facility in Promontory Utah,
(Autoliv) are exempt from the D003 listing, for a period of five years
from May 9, 2001, provided that:
(i) The by-product gas generants are processed on-site in Autoliv's
Metal Recovery Furnace (MRF).
(A) By-product gas generants must only be fed to the MRF when it is
operating in conformance with the State of Utah, Division of Air
Quality's Approval Order DAQE-549-97.
(B) Combustion gas temperature must be maintained below 400 degrees
Fahrenheit at the baghouse inlet.
(ii) Prior to processing in the MRF, the by-product gas generants
are managed in accordance with the requirements specified in 40 CFR
262.34.
(iii) The Autoliv facility and the MRF are operated and managed in
accordance with the requirements of 40 CFR Part 265, Subparts B, C, D,
E, G, H, I, and O.
(iv) Residues derived from the processing of by-product gas
generants in the MRF are managed in accordance with the requirements
specified in 40 CFR Parts 262 and 268.
(v) The following testing of the MRF's stack gas emissions is
conducted:
(A) An initial test shall be conducted within 30 operating days of
starting feed of by-product gas generants to the MRF. EPA may extend
this deadline, at the request of Autoliv, when good cause is shown. The
initial test shall consist of three duplicate runs sampling for:
(1) Particulate matter using Method 5 as specified in 40 CFR Part
60, Appendix A.
(2) The metals Aluminum, Arsenic, Barium, Beryllium, Boron, Cadmium,
Chromium, Cobalt, Copper, Lead, and Nickel using Method 29 as specified
in 40 CFR Part 60, Appendix A.
(3) Polychlorinated di-benzo dioxins and furans using Method 23
0023A as specified in 40 CFR Part 60, Appendix A.
(4) Carbon monoxide using Method 10 as specified in 40 CFR Part 60,
Appendix A.
(B) After the initial test is completed, an annual stack test (12
months from the previous initial stack test) of the MRF shall be
conducted. The annual tests shall consist of three duplicate runs using
Method 29 and Method 5 as specified in 40 CFR Part 60, Appendix A.
(C) Testing shall be conducted while by-product gas generants are
fed to the MRF at no less than 90% of the planned maximum feed rate, and
with the MRF operating parameters within normal ranges.
(D) Initial stack testing results and additional project performance
data and information, including the quantity of by-product gas generants
processed and the operating parameter values during the test runs, will
be submitted by Autoliv to the State of Utah and EPA within 60 days of
the completion of the initial stack test.
(E) Annual stack test results and additional project performance
data and information, including the quantity of by-product gas generants
processed and the operating parameter values during the test runs, will
be submitted by Autoliv to EPA and the State of Utah
[[Page 46]]
within 60 days of the completion of the annual test.
(vi) Combustion gas discharged to the atmosphere from the MRF meets
the following limits:
(A) Dioxin emissions do not exceed 0.4 ng per dry standard cubic
meter on a toxicity equivalent quotient (TEQ) basis corrected to 7%
Oxygen.
(B) Combined lead and cadmium emissions do not exceed 240 ug per dry
standard cubic meter corrected to 7% Oxygen.
(C) Combined arsenic, beryllium, and chromium emissions do not
exceed 97 ug per dry standard cubic meter corrected to 7% Oxygen.
(D) Particulate matter emissions do not exceed 34 mg per dry
standard cubic meter corrected to 7% Oxygen.
(E) If the limits specified in paragraphs (b)(18)(vi)(A) through (D)
of this section are exceeded, Autoliv shall discontinue feeding gas
generants to the MRF until such time as Autoliv can demonstrate to EPA
and the state of Utah satisfaction that the MRF combustion gas emissions
can meet the limits specified in paragraphs (b)(18)(vi) (A) through (D)
of this section
(vii) No by-product gas generants or other pyrotechnic wastes
generated off-site will be received at the Autoliv facility in
Promontory, Utah or processed in the MRF unless otherwise allowed by law
(permit or regulation).
(viii) Autoliv will provide EPA and the state of Utah with semi-
annual reports (by January 30 and July 30 of each year).
(A) The semi-annual reports will document the amounts of by-product
gas generants processed during the reporting period.
(B) The semi-annual reports will provide a summary of the MRF
Operating Record during the reporting period, including information on
by-product gas generant composition, average feed rates, upset
conditions, and spills or releases.
(ix) No significant changes are made to the operating parameter
production values of Autoliv's production of air bag gas generants such
that any of the constituents listed in appendix VIII of this part are
introduced into the process.
(x) Autoliv reports to the EPA any noncompliance which may endanger
health or the environment orally within 24 hours from the time Autoliv
becomes aware of the circumstances, including:
(A) Any information of a release, discharge, fire, or explosion from
the MRF, which could threaten the environment or human health.
(B) The description of the occurrence and its cause shall include:
(1) Name, address, and telephone number of the facility;
(2) Date, time, and type of incident;
(3) Name and quantity of material(s) involved;
(4) The extent of injuries, if any;
(5) An assessment of actual or potential hazards to the environment
and human health, and
(6) Estimated quantity and disposition of recovered material that
resulted from the incident.
(C) A written notice shall also be provided within five days of the
time Autoliv becomes aware of the circumstances. The written notice
shall contain a description of the non-compliance and its cause; the
period of noncompliance including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The EPA may waive the
five day written notice requirement in favor of a written report within
fifteen days.
(xi) Notifications and submissions made under paragraph (b)(18) of
this section shall be sent to the Regional Assistant Administrator for
the Office of Partnerships and Regulatory Assistance, U.S. EPA, Region 8
and the Executive Secretary of the Utah Solid and Hazardous Waste
Control Board.
(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 parts 262 through 265, 268, 270, 271 and
[[Page 47]]
124 of this chapter or to the notification requirements of section 3010
of RCRA until it exits the unit in which it was generated, unless the
unit is a surface impoundment, or unless the hazardous waste remains in
the unit more than 90 days after the unit ceases to be operated for
manufacturing, or for storage or transportation of product or raw
materials.
(d) Samples. (1) Except as provided in paragraph (d)(2) of this
section, a sample of solid waste or a sample of water, soil, or air,
which is collected for the sole purpose of testing to determine its
characteristics or composition, is not subject to any requirements of
this part or parts 262 through 268 or part 270 or part 124 of this
chapter or to the notification requirements of section 3010 of RCRA,
when:
(i) The sample is being transported to a laboratory for the purpose
of testing; or
(ii) The sample is being transported back to the sample collector
after testing; or
(iii) The sample is being stored by the sample collector before
transport to a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but
before it is returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after
testing for a specific purpose (for example, until conclusion of a court
case or enforcement action where further testing of the sample may be
necessary).
(2) In order to qualify for the exemption in paragraphs (d)(1) (i)
and (ii) of this section, a sample collector shipping samples to a
laboratory and a laboratory returning samples to a sample collector
must:
(i) Comply with U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(ii) Comply with the following requirements if the sample collector
determines that DOT, USPS, or other shipping requirements do not apply
to the shipment of the sample:
(A) Assure that the following information accompanies the sample:
(1) The sample collector's name, mailing address, and telephone
number;
(2) The laboratory's name, mailing address, and telephone number;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample.
(B) Package the sample so that it does not leak, spill, or vaporize
from its packaging.
(3) This exemption does not apply if the laboratory determines that
the waste is hazardous but the laboratory is no longer meeting any of
the conditions stated in paragraph (d)(1) of this section.
(e) Treatability Study Samples. (1) Except as provided in paragraph
(e)(2) of this section, persons who generate or collect samples for the
purpose of conducting treatability studies as defined in section 260.10,
are not subject to any requirement of parts 261 through 263 of this
chapter or to the notification requirements of Section 3010 of RCRA, nor
are such samples included in the quantity determinations of Sec. 261.5
and Sec. 262.34(d) when:
(i) The sample is being collected and prepared for transportation by
the generator or sample collector; or
(ii) The sample is being accumulated or stored by the generator or
sample collector prior to transportation to a laboratory or testing
facility; or
(iii) The sample is being transported to the laboratory or testing
facility for the purpose of conducting a treatability study.
(2) The exemption in paragraph (e)(1) of this section is applicable
to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies provided that:
(i) The generator or sample collector uses (in ``treatability
studies'') no more than 10,000 kg of media contaminated with non-acute
hazardous waste, 1000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste for each process being 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
[[Page 48]]
contaminated with non-acute hazardous waste, or may include 2500 kg of
media contaminated with acute hazardous waste, 1000 kg of hazardous
waste, and 1 kg of acute hazardous waste; and
(iii) The sample must be packaged so that it will not leak, spill,
or vaporize from its packaging during shipment and the requirements of
paragraph A or B of this subparagraph are met.
(A) The transportation of each sample shipment complies with U.S.
Department of Transportation (DOT), U.S. Postal Service (USPS), or any
other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping requirements do not apply to
the shipment of the sample, the following information must accompany the
sample:
(1) The name, mailing address, and telephone number of the
originator of the sample;
(2) The name, address, and telephone number of the facility that
will perform the treatability study;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample, including its EPA Hazardous Waste
Number.
(iv) The sample is shipped to a laboratory or testing facility which
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or
interim status.
(v) The generator or sample collector maintains the following
records for a period ending 3 years after completion of the treatability
study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the
treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under paragraph
(e)(v)(C) of this section in its biennial report.
(3) The Regional Administrator may grant requests on a case-by-case
basis for up to an additional two years for treatability studies
involving bioremediation. The Regional Administrator may grant requests
on a case-by-case basis for quantity limits in excess of those specified
in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up to
an additional 5000 kg of media contaminated with non-acute hazardous
waste, 500 kg of non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste and 1 kg of acute hazardous
waste:
(i) In response to requests for authorization to ship, store and
conduct treatabilty studies on additional quantities in advance of
commencing treatability studies. Factors to be considered in reviewing
such requests include the nature of the technology, the type of process
(e.g., batch versus continuous), size of the unit undergoing testing
(particularly in relation to scale-up considerations), the time/quantity
of material required to reach steady state operating conditions, or test
design considerations such as mass balance calculations.
(ii) In response to requests for authorization to ship, store and
conduct treatability studies on additional quantities after initiation
or completion of initial treatability studies, when: There has been an
equipment or mechanical failure during the conduct of a treatability
study; there is a need to verify the results of a previously conducted
treatability study; there is a need to study and analyze alternative
techniques within a previously evaluated treatment process; or there is
a need to do further evaluation of an ongoing treatability study to
determine final specifications for treatment.
(iii) The additional quantities and timeframes allowed in paragraph
(e)(3) (i) and (ii) of this section are subject to all the provisions in
paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The
generator or sample collector must apply to the Regional Administrator
in the Region where the sample is collected and provide in writing the
following information:
[[Page 49]]
(A) The reason why the generator or sample collector requires
additional time or quantity of sample for treatability study evaluation
and the additional time or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from
the waste stream which have been sent for or undergone treatability
studies including the date each previous sample from the waste stream
was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability study
processes were conducted on each sample shipped, and the available
results on each treatability study;
(C) A description of the technical modifications or change in
specifications which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or
mechanical failure, the applicant must include information regarding the
reason for the failure or breakdown and also include what procedures or
equipment improvements have been made to protect against further
breakdowns; and
(E) Such other information that the Regional Administrator considers
necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and
Testing Facilities. Samples undergoing treatability studies and the
laboratory or testing facility conducting such treatability studies (to
the extent such facilities are not otherwise subject to RCRA
requirements) are not subject to any requirement of this part, part 124,
parts 262-266, 268, and 270, or to the notification requirements of
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1)
through (11) of this section are met. A mobile treatment unit (MTU) may
qualify as a testing facility subject to paragraphs (f) (1) through (11)
of this section. Where a group of MTUs are located at the same site, the
limitations specified in (f) (1) through (11) of this section apply to
the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting treatability studies, the
facility notifies the Regional Administrator, or State Director (if
located in an authorized State), in writing that it intends to conduct
treatability studies under this paragraph.
(2) The laboratory or testing facility conducting the treatability
study has an EPA identification number.
(3) No more than a total of 10,000 kg of ``as received'' media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other ``as
received'' hazardous waste is subject to initiation of treatment in all
treatability studies in any single day. ``As received'' waste refers to
the waste as received in the shipment from the generator or sample
collector.
(4) The quantity of ``as received'' hazardous waste stored at the
facility for the purpose of evaluation in treatability studies does not
exceed 10,000 kg, the total of which can include 10,000 kg of media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous
wastes other than contaminated media, and 1 kg of acute hazardous waste.
This quantity limitation does not include treatment materials (including
nonhazardous solid waste) added to ``as received'' hazardous waste.
(5) No more than 90 days have elapsed since the treatability study
for the sample was completed, or no more than one year (two years for
treatability studies involving bioremediation) have elapsed since the
generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated
material from a particular waste stream from treatability studies may be
archived for future evaluation up to five years from the date of initial
receipt. Quantities of materials archived are counted against the total
storage limit for the facility.
(6) The treatability study does not involve the placement of
hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion
of each study that show compliance with the treatment rate limits and
the storage
[[Page 50]]
time and quantity limits. The following specific information must be
included for each treatability study conducted:
(i) The name, address, and EPA identification number of the
generator or sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of ``as received'' waste in storage each day;
(v) The date the treatment study was initiated and the amount of
``as received'' waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the
treatability study were returned to the generator or sample collector
or, if sent to a designated facility, the name of the facility and the
EPA identification number.
(8) The facility keeps, on-site, a copy of the treatability study
contract and all shipping papers associated with the transport of
treatability study samples to and from the facility for a period ending
3 years from the completion date of each treatability study.
(9) The facility prepares and submits a report to the Regional
Administrator, or State Director (if located in an authorized State), by
March 15 of each year that estimates the number of studies and the
amount of waste expected to be used in treatability studies during the
current year, and includes the following information for the previous
calendar year:
(i) The name, address, and EPA identification number of the facility
conducting the treatability studies;
(ii) The types (by process) of treatability studies conducted;
(iii) The names and addresses of persons for whom studies have been
conducted (including their EPA identification numbers);
(iv) The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected to treatability
studies;
(vi) When each treatability study was conducted;
(vii) The final disposition of residues and unused sample from each
treatability study.
(10) The facility determines whether any unused sample or residues
generated by the treatability study are hazardous waste under Sec. 261.3
and, if so, are subject to parts 261 through 268, and part 270 of this
chapter, unless the residues and unused samples are returned to the
sample originator under the Sec. 261.4(e) exemption.
(11) The facility notifies the Regional Administrator, or State
Director (if located in an authorized State), by letter when the
facility is no longer planning to conduct any treatability studies at
the site.
(g) Dredged material that is not a hazardous waste. Dredged material
that is subject to the requirements of a permit that has been issued
under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or
section 103 of the Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g),
the following definitions apply:
(1) The term dredged material has the same meaning as defined in 40
CFR 232.2;
(2) The term permit means:
(i) A permit issued by the U.S. Army Corps of Engineers (Corps) or
an approved State under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344);
(ii) A permit issued by the Corps under section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of Corps civil works projects, the administrative
equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii)
of this section, as provided for in Corps regulations (for example, see
33 CFR 336.1, 336.2, and 337.6).
[45 FR 33119, May 19, 1980]
Editorial Note: For Federal Register citations affecting Sec. 261.4,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
[[Page 51]]
Sec. 261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator
in a calendar month if he generates no more than 100 kilograms of
hazardous waste in that month.
(b) Except for those wastes identified in paragraphs (e), (f), (g),
and (j) of this section, a conditionally exempt small quantity
generator's hazardous wastes are not subject to regulation under parts
262 through 266, 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA, provided the
generator complies with the requirements of paragraphs (f), (g), and (j)
of this section.
(c) When making the quantity determinations of this part and 40 CFR
part 262, the generator must include all hazardous waste that it
generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8; or
(2) Is managed immediately upon generation only in on-site
elementary neutralization units, wastewater treatment units, or totally
enclosed treatment facilities as defined in 40 CFR 260.10; or
(3) Is recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4)
and 40 CFR part 279; or
(5) Is spent lead-acid batteries managed under the requirements of
40 CFR part 266, subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part
273.
(d) In determining the quantity of hazardous waste generated, a
generator need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including
reclamation) of his hazardous waste, so long as the hazardous waste that
is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently
reused on-site, so long as such spent materials have been counted once.
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth below, all quantities of that
acute hazardous waste are subject to full regulation under parts 262
through 266, 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in
Secs. 261.31, 261.32, or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil,
waste, or other debris resulting from the clean-up of a spill, into or
on any land or water, of any acute hazardous wastes listed in
Secs. 261.31, 261.32, or 261.33(e).
[Comment: ``Full regulation'' means those regulations applicable to
generators of greater than 1,000 kg of non-acutely 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 (2) of this section to be excluded from
full regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site. If
he accumulates at any time acute hazardous wastes in quantities greater
than those set forth in paragraph (e)(1) or (e)(2) of this section, all
of those accumulated wastes are subject to regulation under parts 262
through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(a) of this chapter, for accumulation of wastes on-
site, begins when the accumulated wastes exceed the applicable exclusion
limit;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his acute hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
[[Page 52]]
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(g) In order for hazardous waste generated by a conditionally exempt
small quantity generator in quantities of less than 100 kilograms of
hazardous waste during a calendar month to be excluded from full
regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The conditionally exempt small quantity generator may accumulate
hazardous waste on-site. If he accumulates at any time more than a total
of 1000 kilograms of his hazardous wastes, all of those accumulated
wastes are subject to regulation under the special provisions of part
262 applicable to generators of between 100 kg and 1000 kg of hazardous
waste in a calendar month as well as the requirements of parts 263
through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(d) for accumulation of wastes on-site begins for a
conditionally exempt small quantity generator when the accumulated
wastes exceed 1000 kilograms;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(h) Hazardous waste subject to the reduced requirements of this
section may be mixed with non-hazardous waste and remain subject to
these reduced requirements even though the resultant mixture exceeds the
quantity limitations identified in this section, unless the mixture
meets any of the characteristics of hazardous waste identified in
subpart C.
(i) If any person mixes a solid waste with a hazardous waste that
exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to part 279 of this chapter
if it is destined to be burned for energy recovery. Any material
produced from such a mixture
[[Page 53]]
by processing, blending, or other treatment is also so regulated if it
is destined to be burned for energy recovery.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3,
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968,
May 6, 1998; 63 FR 37782, July 14, 1998]
Sec. 261.6 Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the
requirements for generators, transporters, and storage facilities of
paragraphs (b) and (c) of this section, except for the materials listed
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that
are recycled will be known as ``recyclable materials.''
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
O of part 266 of this chapter and all applicable provisions in parts 270
and 124 of this chapter:
(i) Recyclable materials used in a manner constituting disposal
(subpart C);
(ii) Hazardous wastes burned for energy recovery in boilers and
industrial furnaces that are not regulated under subpart O of part 264
or 265 of this chapter (subpart H);
(iii) Recyclable materials from which precious metals are reclaimed
(subpart F);
(iv) Spent lead-acid batteries that are being reclaimed (subpart G).
(v) U.S. Filter Recovery Services XL waste (subpart O).
(3) The following recyclable materials are not subject to regulation
under parts 262 through parts 266 or parts 268, 270 or 124 of this
chapter, and are not subject to the notification requirements of section
3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that, unless
provided otherwise in an international agreement as specified in
Sec. 262.58:
(A) A person initiating a shipment for reclamation in a foreign
country, and any intermediary arranging for the shipment, must comply
with the requirements applicable to a primary exporter in Secs. 262.53,
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only
upon consent of the receiving country and in conformance with the EPA
Acknowledgment of Consent as defined in subpart E of part 262, and
provide a copy of the EPA Acknowledgment of Consent to the shipment to
the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for export may not accept a
shipment if he knows the shipment does not conform to the EPA
Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure that
it is delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
(iii) Fuels produced from the refining of oil-bearing hazardous
waste along with normal process streams at a petroleum refining facility
if such wastes result from normal petroleum refining, production, and
transportation practices (this exemption does not apply to fuels
produced from oil recovered from oil-bearing hazardous waste, where such
recovered oil is already excluded under Sec. 261.4(a)(12);
(iv)(A) Hazardous waste fuel produced from oil-bearing hazardous
wastes from petroleum refining, production, or transportation practices,
or produced from oil reclaimed from such hazardous wastes, where such
hazardous wastes are reintroduced into a process that does not use
distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under Sec. 279.11 of
this chapter and so long as no other hazardous wastes are used to
produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from oil-bearing hazardous waste
from petroleum refining production, and transportation practices, where
such hazardous wastes are reintroduced into a refining process after a
point at which contaminants are removed, so long as the fuel meets the
used oil fuel specification under Sec. 279.11 of this chapter; and
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum
refining, production, and transportation
[[Page 54]]
practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process, so long as the reclaimed oil meets
the used oil fuel specification under Sec. 279.11 of this chapter.
(4) Used oil that is recycled and is also a hazardous waste solely
because it exhibits a hazardous characteristic is not subject to the
requirements of parts 260 through 268 of this chapter, but is regulated
under part 279 of this chapter. Used oil that is recycled includes any
used oil which is reused, following its original use, for any purpose
(including the purpose for which the oil was originally used). Such term
includes, but is not limited to, oil which is re-refined, reclaimed,
burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported to or imported from designated
member countries of the Organization for Economic Cooperation and
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of
recovery is subject to the requirements of 40 CFR part 262, subpart H,
if it is subject to either the Federal manifesting requirements of 40
CFR Part 262, to the universal waste management standards of 40 CFR Part
273, or to State requirements analogous to 40 CFR Part 273.
(b) Generators and transporters of recyclable materials are subject
to the applicable requirements of parts 262 and 263 of this chapter and
the notification requirements under section 3010 of RCRA, except as
provided in paragraph (a) of this section.
(c)(1) Owners and operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265,
and under parts 124, 266, 268, and 270 of this chapter and the
notification requirements under section 3010 of RCRA, except as provided
in paragraph (a) of this section. (The recycling process itself is
exempt from regulation except as provided in Sec. 261.6(d).)
(2) Owners or operators of facilities that recycle recyclable
materials without storing them before they are rcycled are subject to
the following requirements, except as provided in paragraph (a) of this
section:
(i) Notification requirements under section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the
manifest and manifest discrepancies) of this chapter.
(iii) Section 261.6(d) of this chapter.
(d) Owners or operators of facilities subject to RCRA permitting
requirements with hazardous waste management units that recycle
hazardous wastes are subject to the requirements of subparts AA and BB
of part 264 or 265 of this chapter.
[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11,
1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR
26019, May 12, 1997; 63 FR 24968, May 6, 1998; 63 FR 42185, Aug. 6,
1998; 66 FR 28085, May 22, 2001]
Sec. 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 parts 261 through 265, or part 268, 270 or 124 of this chapter or
to the notification requirements of section 3010 of RCRA.
(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
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to
the notification requirements of section 3010 of RCRA.
(b)(1) A container or an inner liner removed from a container that
has held any hazardous waste, except a waste that is a compressed gas or
that is identified as an acute hazardous waste listed in Secs. 261.31,
261.32, or 261.33(e) of this chapter is empty if:
(i) All wastes have been removed that can be removed using the
practices commonly employed to remove materials from that type of
container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner, or
[[Page 55]]
(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 110 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 110 gallons in size.
(2) A container that has held a hazardous waste that is a compressed
gas is empty when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed from a container that has
held an acute hazardous waste listed in Secs. 261.31, 261.32, or
261.33(e) is empty if:
(i) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or
manufacturing chemical intermediate;
(ii) The container or inner liner has been cleaned by another method
that has been shown in the scientific literature, or by tests conducted
by the generator, to achieve equivalent removal; or
(iii) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing chemical
intermediate with the container, has been removed.
[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982;
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov.
7, 1986]
Sec. 261.8 PCB wastes regulated under Toxic Substance Control Act.
The disposal of PCB-containing dielectric fluid and electric
equipment containing such fluid authorized for use and regulated under
part 761 of this chapter and that are hazardous only because they fail
the test for the Toxicity Characteristic (Hazardous Waste Codes D018
through D043 only) are exempt from regulation under parts 261 through
265, and parts 268, 270, and 124 of this chapter, and the notification
requirements of section 3010 of RCRA.
[55 FR 11862, Mar. 29, 1990]
Sec. 261.9 Requirements for Universal Waste.
The wastes listed in this section are exempt from regulation under
parts 262 through 270 of this chapter except as specified in part 273 of
this chapter and, therefore are not fully regulated as hazardous waste.
The wastes listed in this section are subject to regulation under 40 CFR
part 273:
(a) Batteries as described in 40 CFR 273.2;
(b) Pesticides as described in Sec. 273.3 of this chapter;
(c) Thermostats as described in Sec. 273.4 of this chapter; and
(d) Lamps as described in Sec. 273.5 of this chapter.
[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999]Top of page
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