Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR (2) Debris as defined in part 268 of (2) The exemption described in para-
this chapter that the Regional Admin- graph (h)(1) of this section also per-
istrator, considering the extent of con- tains to:
tamination, has determined is no
longer contaminated with hazardous (i) Any mixture of a solid waste and
waste. an eligible radioactive mixed waste;
and
(g)(1) A hazardous waste that is listed
in subpart D of this part solely because (ii) Any solid waste generated from
it exhibits one or more characteristics treating, storing, or disposing of an eli-
of ignitability as defined under § 261.21, gible radioactive mixed waste.
corrosivity as defined under § 261.22, or
reactivity as defined under § 261.23 is (3) Waste exempted under this sec-
not a hazardous waste, if the waste no tion must meet the eligibility criteria
longer exhibits any characteristic of and specified conditions in 40 CFR
hazardous waste identified in subpart C 266.225 and 40 CFR 266.230 (for storage
of this part. and treatment) and in 40 CFR 266.310
and 40 CFR 266.315 (for transportation
(2) The exclusion described in para- and disposal). Waste that fails to sat-
graph (g)(1) of this section also per- isfy these eligibility criteria and condi-
tains to: tions is regulated as hazardous waste.
(i) Any mixture of a solid waste and [57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1,
a hazardous waste listed in subpart D 1992, as amended at 57 FR 37263, Aug. 18, 1992;
of this part solely because it exhibits 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct.
the characteristics of ignitability, 30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848,
corrosivity, or reactivity as regulated Feb. 9, 1995; 63 FR 28637, May 26, 1998; 63 FR
under paragraph (a)(2)(iv) of this sec- 42184, Aug. 6, 1998; 66 FR 27297, May 16, 2001;
tion; and 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14,
2005; 70 FR 57784, Oct. 4, 2005; 71 FR 40258,
(ii) Any solid waste generated from July 14, 2006]
treating, storing, or disposing of a haz-
ardous waste listed in subpart D of this § 261.4 Exclusions.
part solely because it exhibits the
characteristics of ignitability, (a) Materials which are not solid
corrosivity, or reactivity as regulated wastes. The following materials are not
under paragraph (c)(2)(i) of this sec- solid wastes for the purpose of this
tion. part:
(3) Wastes excluded under this sec- (1)(i) Domestic sewage; and
tion are subject to part 268 of this (ii) Any mixture of domestic sewage
chapter (as applicable), even if they no and other wastes that passes through a
longer exhibit a characteristic at the sewer system to a publicly-owned
point of land disposal. treatment works for treatment. ‘‘Do-
mestic sewage’’ means untreated sani-
(4) Any mixture of a solid waste ex- tary wastes that pass through a sewer
cluded from regulation under system.
§ 261.4(b)(7) and a hazardous waste list- (2) Industrial wastewater discharges
ed in subpart D of this part solely be- that are point source discharges sub-
cause it exhibits one or more of the ject to regulation under section 402 of
characteristics of ignitability, the Clean Water Act, as amended.
corrosivity, or reactivity as regulated
under paragraph (a)(2)(iv) of this sec- [Comment: This exclusion applies only to the
tion is not a hazardous waste, if the actual point source discharge. It does not ex-
mixture no longer exhibits any char- clude industrial wastewaters while they are
acteristic of hazardous waste identified being collected, stored or treated before dis-
in subpart C of this part for which the charge, nor does it exclude sludges that are
hazardous waste listed in subpart D of generated by industrial wastewater treat-
this part was listed. ment.]
(h)(1) Hazardous waste containing ra- (3) Irrigation return flows.
dioactive waste is no longer a haz- (4) Source, special nuclear or by-
ardous waste when it meets the eligi- product material as defined by the
bility criteria and conditions of 40 CFR Atomic Energy Act of 1954, as amend-
part 266, Subpart N (‘‘eligible radio- ed, 42 U.S.C. 2011 et seq.
active mixed waste’’).
45
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR (5) Materials subjected to in-situ (C) Any unit used to manage
mining techniques which are not re- wastewaters and/or spent wood pre-
moved from the ground as part of the serving solutions prior to reuse can be
extraction process. visually or otherwise determined to
prevent such releases;
(6) Pulping liquors (i.e., black liquor)
that are reclaimed in a pulping liquor (D) Any drip pad used to manage the
recovery furnace and then reused in wastewaters and/or spent wood pre-
the pulping process, unless it is accu- serving solutions prior to reuse com-
mulated speculatively as defined in plies with the standards in part 265,
§ 261.1(c) of this chapter. subpart W of this chapter, regardless of
whether the plant generates a total of
(7) Spent sulfuric acid used to less than 100 kg/month of hazardous
produce virgin sulfuric acid, unless it is waste; and
accumulated speculatively as defined
in § 261.1(c) of this chapter. (E) Prior to operating pursuant to
this exclusion, the plant owner or oper-
(8) Secondary materials that are re- ator prepares a one-time notification
claimed and returned to the original stating that the plant intends to claim
process or processes in which they were the exclusion, giving the date on which
generated where they are reused in the the plant intends to begin operating
production process provided: under the exclusion, and containing
the following language: ‘‘I have read
(i) Only tank storage is involved, and the applicable regulation establishing
the entire process through completion an exclusion for wood preserving
of reclamation is closed by being en- wastewaters and spent wood preserving
tirely connected with pipes or other solutions and understand it requires
comparable enclosed means of convey- me to comply at all times with the
ance; conditions set out in the regulation.’’
The plant must maintain a copy of
(ii) Reclamation does not involve that document in its on-site records
controlled flame combustion (such as until closure of the facility. The exclu-
occurs in boilers, industrial furnaces, sion applies so long as the plant meets
or incinerators); all of the conditions. If the plant goes
out of compliance with any condition,
(iii) The secondary materials are it may apply to the appropriate Re-
never accumulated in such tanks for gional Administrator or state Director
over twelve months without being re- for reinstatement. The Regional Ad-
claimed; and ministrator or state Director may rein-
state the exclusion upon finding that
(iv) The reclaimed material is not the plant has returned to compliance
used to produce a fuel, or used to with all conditions and that the viola-
produce products that are used in a tions are not likely to recur.
manner constituting disposal.
(10) EPA Hazardous Waste Nos. K060,
(9)(i) Spent wood preserving solutions K087, K141, K142, K143, K144, K145, K147,
that have been reclaimed and are re- and K148, and any wastes from the coke
used for their original intended pur- by-products processes that are haz-
pose; and ardous only because they exhibit the
Toxicity Characteristic (TC) specified
(ii) Wastewaters from the wood pre- in section 261.24 of this part when, sub-
serving process that have been re- sequent to generation, these materials
claimed and are reused to treat wood. are recycled to coke ovens, to the tar
recovery process as a feedstock to
(iii) Prior to reuse, the wood pre- produce coal tar, or mixed with coal
serving wastewaters and spent wood tar prior to the tar’s sale or refining.
preserving solutions described in para- This exclusion is conditioned on there
graphs (a)(9)(i) and (a)(9)(ii) of this sec- being no land disposal of the wastes
tion, so long as they meet all of the fol- from the point they are generated to
lowing conditions: the point they are recycled to coke
ovens or tar recovery or refining proc-
(A) The wood preserving wastewaters esses, or mixed with coal tar.
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 ei-
ther land or groundwater or both;
46
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR (11) Nonwastewater splash condenser may be considered recovered oil. Re-
dross residue from the treatment of covered oil does not include used oil as
K061 in high temperature metals recov- defined in 40 CFR 279.1.
ery units, provided it is shipped in
drums (if shipped) and not land dis- (13) Excluded scrap metal (processed
posed before recovery. scrap metal, unprocessed home scrap
metal, and unprocessed prompt scrap
(12)(i) Oil-bearing hazardous sec- metal) being recycled.
ondary materials (i.e., sludges, byprod-
ucts, or spent materials) that are gen- (14) Shredded circuit boards being re-
erated at a petroleum refinery (SIC cycled provided that they are:
code 2911) and are inserted into the pe-
troleum refining process (SIC code (i) Stored in containers sufficient to
2911—including, but not limited to, dis- prevent a release to the environment
tillation, catalytic cracking, fraction- prior to recovery; and
ation, gasification (as defined in 40
CFR 260.10) or thermal cracking units (ii) Free of mercury switches, mer-
(i.e., cokers)) unless the material is cury relays and nickel-cadmium bat-
placed on the land, or speculatively ac- teries and lithium batteries.
cumulated before being so recycled.
Materials inserted into thermal crack- (15) Condensates derived from the
ing units are excluded under this para- overhead gases from kraft mill steam
graph, provided that the coke product strippers that are used to comply with
also does not exhibit a characteristic of 40 CFR 63.446(e). The exemption applies
hazardous waste. Oil-bearing hazardous only to combustion at the mill gener-
secondary materials may be inserted ating the condensates.
into the same petroleum refinery
where they are generated, or sent di- (16) Comparable fuels, emission-com-
rectly to another petroleum refinery parable fuels, or comparable syngas
and still be excluded under this provi- fuels that meet the requirements of
sion. Except as provided in paragraph § 261.38.
(a)(12)(ii) of this section, oil-bearing
hazardous secondary materials gen- (17) Spent materials (as defined in
erated elsewhere in the petroleum in- § 261.1) (other than hazardous wastes
dustry (i.e., from sources other than listed in subpart D of this part) gen-
petroleum refineries) are not excluded erated within the primary mineral
under this section. Residuals generated processing industry from which min-
from processing or recycling materials erals, acids, cyanide, water, or other
excluded under this paragraph values are recovered by mineral proc-
(a)(12)(i), where such materials as gen- essing or by beneficiation, provided
erated would have otherwise met a list- that:
ing under subpart D of this part, are
designated as F037 listed wastes when (i) The spent material is legitimately
disposed of or intended for disposal. recycled to recover minerals, acids, cy-
anide, water or other values;
(ii) Recovered oil that is recycled in
the same manner and with the same (ii) The spent material is not accu-
conditions as described in paragraph mulated speculatively;
(a)(12)(i) of this section. Recovered oil
is oil that has been reclaimed from sec- (iii) Except as provided in paragraph
ondary materials (including waste- (a)(17)(iv) of this section, the spent ma-
water) generated from normal petro- terial is stored in tanks, containers, or
leum industry practices, including re- buildings meeting the following min-
fining, exploration and production, imum integrity standards: a building
bulk storage, and transportation inci- must be an engineered structure with a
dent thereto (SIC codes 1311, 1321, 1381, floor, walls, and a roof all of which are
1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, made of non-earthen materials pro-
5171, and 5172.) Recovered oil does not viding structural support (except
include oil-bearing hazardous wastes smelter buildings may have partially
listed in subpart D of this part; how- earthen floors provided the secondary
ever, oil recovered from such wastes 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 stand-
ing, not be a surface impoundment (as
defined in 40 CFR 260.10), and be manu-
factured of a material suitable for con-
tainment of its contents; a container
47
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR must be free standing and be manufac- (C) Before making a determination
tured of a material suitable for con- under this paragraph, the Regional Ad-
tainment of its contents. If tanks or ministrator or State Director must
containers contain any particulate provide notice and the opportunity for
which may be subject to wind dis- comment to all persons potentially in-
persal, the owner/operator must oper- terested in the determination. This can
ate these units in a manner which con- be accomplished by placing notice of
trols fugitive dust. Tanks, containers, this action in major local newspapers,
and buildings must be designed, con- or broadcasting notice over local radio
structed and operated to prevent sig- stations.
nificant releases to the environment of
these materials. (v) The owner or operator provides
notice to the Regional Administrator
(iv) The Regional Administrator or or State Director providing the fol-
State Director may make a site-spe- lowing information: The types of mate-
cific determination, after public review rials to be recycled; the type and loca-
and comment, that only solid mineral tion of the storage units and recycling
processing spent material may be processes; and the annual quantities
placed on pads rather than tanks con- expected to be placed in land-based
tainers, or buildings. Solid mineral units. This notification must be up-
processing spent materials do not con- dated when there is a change in the
tain any free liquid. The decision- type of materials recycled or the loca-
maker must affirm that pads are de- tion of the recycling process.
signed, constructed and operated to
prevent significant releases of the sec- (vi) For purposes of paragraph (a)(7)
ondary material into the environment. of this section, mineral processing
Pads must provide the same degree of spent materials must be the result of
containment afforded by the non-RCRA mineral processing and may not in-
tanks, containers and buildings eligible clude any listed hazardous wastes.
for exclusion. Listed hazardous wastes and char-
acteristic hazardous wastes generated
(A) The decision-maker must also by non-mineral processing industries
consider if storage on pads poses the are not eligible for the conditional ex-
potential for significant releases via clusion from the definition of solid
groundwater, surface water, and air ex- waste.
posure pathways. Factors to be consid-
ered for assessing the groundwater, (18) Petrochemical recovered oil from
surface water, air exposure pathways an associated organic chemical manu-
are: The volume and physical and facturing facility, where the oil is to be
chemical properties of the secondary inserted into the petroleum refining
material, including its potential for process (SIC code 2911) along with nor-
migration off the pad; the potential for mal petroleum refinery process
human or environmental exposure to streams, provided:
hazardous constituents migrating from
the pad via each exposure pathway, and (i) The oil is hazardous only because
the possibility and extent of harm to it exhibits the characteristic of ignit-
human and environmental receptors ability (as defined in § 261.21) and/or
via each exposure pathway. toxicity for benzene (§ 261.24, waste
code D018); and
(B) Pads must meet the following
minimum standards: Be designed of (ii) The oil generated by the organic
non-earthen material that is compat- chemical manufacturing facility is not
ible with the chemical nature of the placed on the land, or speculatively ac-
mineral processing spent material, ca- cumulated before being recycled into
pable of withstanding physical stresses the petroleum refining process. An
associated with placement and re- ‘‘associated organic chemical manufac-
moval, have run on/runoff controls, be turing facility’’ is a facility where the
operated in a manner which controls primary SIC code is 2869, but where op-
fugitive dust, and have integrity assur- erations may also include SIC codes
ance through inspections and mainte- 2821, 2822, and 2865; and is physically
nance programs. co-located with a petroleum refinery;
and where the petroleum refinery to
which the oil being recycled is returned
also provides hydrocarbon feedstocks
48
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR to the organic chemical manufacturing when it is necessary to add or remove
facility. ‘‘Petrochemical recovered oil’’ material, and must be in sound condi-
is oil that has been reclaimed from sec- tion. Containers that are stored out-
ondary materials (i.e., sludges, byprod- doors must be managed within storage
ucts, or spent materials, including areas that:
wastewater) from normal organic
chemical manufacturing operations, as (1) Have containment structures or
well as oil recovered from organic systems sufficiently impervious to con-
chemical manufacturing processes. tain leaks, spills and accumulated pre-
cipitation; and
(19) Spent caustic solutions from pe-
troleum refining liquid treating proc- (2) Provide for effective drainage and
esses used as a feedstock to produce removal of leaks, spills and accumu-
cresylic or naphthenic acid unless the lated precipitation; and
material is placed on the land, or accu-
mulated speculatively as defined in (3) Prevent run-on into the contain-
§ 261.1(c). ment system.
(20) Hazardous secondary materials (C) With each off-site shipment of ex-
used to make zinc fertilizers, provided cluded hazardous secondary materials,
that the following conditions specified provide written notice to the receiving
are satisfied: facility that the material is subject to
the conditions of this paragraph (a)(20).
(i) Hazardous secondary materials
used to make zinc micronutrient fer- (D) Maintain at the generator’s or in-
tilizers must not be accumulated spec- termediate handlers’s facility for no
ulatively, as defined in § 261.1 (c)(8). less than three years records of all
shipments of excluded hazardous sec-
(ii) Generators and intermediate han- ondary materials. For each shipment
dlers of zinc-bearing hazardous sec- these records must at a minimum con-
ondary materials that are to be incor- tain the following information:
porated into zinc fertilizers must:
(1) Name of the transporter and date
(A) Submit a one-time notice to the of the shipment;
Regional Administrator or State Direc-
tor in whose jurisdiction the exclusion (2) Name and address of the facility
is being claimed, which contains the that received the excluded material,
name, address and EPA ID number of and documentation confirming receipt
the generator or intermediate handler of the shipment; and
facility, provides a brief description of
the secondary material that will be (3) Type and quantity of excluded
subject to the exclusion, and identifies secondary material in each shipment.
when the manufacturer intends to
begin managing excluded, zinc-bearing (iii) Manufacturers of zinc fertilizers
hazardous secondary materials under or zinc fertilizer ingredients made from
the conditions specified in this para- excluded hazardous secondary mate-
graph (a)(20). rials must:
(B) Store the excluded secondary ma- (A) Store excluded hazardous sec-
terial in tanks, containers, or buildings ondary materials in accordance with
that are constructed and maintained in the storage requirements for genera-
a way that prevents releases of the sec- tors and intermediate handlers, as
ondary materials into the environ- specified in paragraph (a)(20)(ii)(B) of
ment. At a minimum, any building this section.
used for this purpose must be an engi-
neered structure made of non-earthen (B) Submit a one-time notification to
materials that provide structural sup- the Regional Administrator or State
port, and must have a floor, walls and Director that, at a minimum, specifies
a roof that prevent wind dispersal and the name, address and EPA ID number
contact with rainwater. Tanks used for of the manufacturing facility, and
this purpose must be structurally identifies when the manufacturer in-
sound and, if outdoors, must have roofs tends to begin managing excluded,
or covers that prevent contact with zinc-bearing hazardous secondary ma-
wind and rain. Containers used for this terials under the conditions specified
purpose must be kept closed except in this paragraph (a)(20).
(C) Maintain for a minimum of three
years records of all shipments of ex-
cluded hazardous secondary materials
received by the manufacturer, which
must at a minimum identify for each
49
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
shipment the name and address of the product to determine compliance with
generating facility, name of trans- the contaminant limits for metals no
porter and date the materials were re- less than every six months, and for
ceived, the quantity received, and a dioxins no less than every twelve
brief description of the industrial proc- months. Testing must also be per-
ess that generated the material. formed whenever changes occur to
manufacturing processes or ingredients
(D) Submit to the Regional Adminis- that could significantly affect the
trator or State Director an annual re- amounts of contaminants in the fer-
port that identifies the total quantities tilizer product. The manufacturer may
of all excluded hazardous secondary use any reliable analytical method to
materials that were used to manufac- demonstrate that no constituent of
ture zinc fertilizers or zinc fertilizer in- concern is present in the product at
gredients in the previous year, the concentrations above the applicable
name and address of each generating limits. It is the responsibility of the
facility, and the industrial process(s) manufacturer to ensure that the sam-
from which they were generated. pling and analysis are unbiased, pre-
cise, and representative of the prod-
(iv) Nothing in this section preempts, uct(s) introduced into commerce.
overrides or otherwise negates the pro-
vision in § 262.11 of this chapter, which (iii) The manufacturer maintains for
requires any person who generates a no less than three years records of all
solid waste to determine if that waste sampling and analyses performed for
is a hazardous waste. purposes of determining compliance
with the requirements of paragraph
(v) Interim status and permitted (a)(21)(ii) of this section. Such records
storage units that have been used to must at a minimum include:
store only zinc-bearing hazardous
wastes prior to the submission of the (A) The dates and times product sam-
one-time notice described in paragraph ples were taken, and the dates the sam-
(a)(20)(ii)(A) of this section, and that ples were analyzed;
afterward will be used only to store
hazardous secondary materials ex- (B) The names and qualifications of
cluded under this paragraph, are not the person(s) taking the samples;
subject to the closure requirements of
40 CFR Parts 264 and 265. (C) A description of the methods and
equipment used to take the samples;
(21) Zinc fertilizers made from haz-
ardous wastes, or hazardous secondary (D) The name and address of the lab-
materials that are excluded under oratory facility at which analyses of
paragraph (a)(20) of this section, pro- the samples were performed;
vided that:
(E) A description of the analytical
(i) The fertilizers meet the following methods used, including any cleanup
contaminant limits: and sample preparation methods; and
(A) For metal contaminants: (F) All laboratory analytical results
used to determine compliance with the
Constituent Maximum contaminant limits specified in this
Allowable paragraph (a)(21).
Total Con-
centration in (22) Used cathode ray tubes (CRTs)
Fertilizer,
per Unit (i) Used, intact CRTs as defined in
(1%) of Zinc § 260.10 of this chapter are not solid
wastes within the United States unless
(ppm) they are disposed, or unless they are
speculatively accumulated as defined
Arsenic ............................................................... 0.3 in § 261.1(c)(8) by CRT collectors or
Cadmium ........................................................... 1.4 glass processors.
Chromium .......................................................... 0.6
Lead ................................................................... 2.8 (ii) Used, intact CRTs as defined in
Mercury .............................................................. 0.3 § 260.10 of this chapter are not solid
wastes when exported for recycling
cprice-sewell on DSKDVH8Z91PROD with CFR (B) For dioxin contaminants the fer- provided that they meet the require-
tilizer must contain no more than ments of § 261.40.
eight (8) parts per trillion of dioxin,
measured as toxic equivalent (TEQ). (iii) Used, broken CRTs as defined in
§ 260.10 of this chapter are not solid
(ii) The manufacturer performs sam-
pling and analysis of the fertilizer
50
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR wastes provided that they meet the re- spent lead-acid battery (see § 266.80 and
quirements of § 261.39. § 273.2 of this chapter), and it does not
meet the listing description for K171 or
(iv) Glass removed from CRTs is not K172 in § 261.32;
a solid waste provided that it meets
the requirements of § 261.39(c). (iv) The reclamation of the material
is legitimate, as specified under § 260.43
(23) Hazardous secondary material of this chapter;
generated and reclaimed within the
United States or its territories and (v) The hazardous secondary material
managed in land-based units as defined generator satisfies all of the following
in § 260.10 of this chapter is not a solid conditions:
waste provided that:
(A) The material must be contained.
(i) The material is contained; (B) Prior to arranging for transport
(ii) The material is a hazardous sec- of hazardous secondary materials to a
ondary material generated and re- reclamation facility (or facilities)
claimed under the control of the gener- where the management of the haz-
ator, as defined in § 260.10; ardous secondary materials is not ad-
(iii) The material is not speculatively dressed under a RCRA Part B permit or
accumulated, as defined in § 261.1(c)(8); interim status standards, the haz-
(iv) The material is not otherwise ardous secondary material generator
subject to material-specific manage- must make reasonable efforts to ensure
ment conditions under paragraph (a) of that each reclaimer intends to properly
this section when reclaimed, it is not a and legitimately reclaim the hazardous
spent lead acid battery (see § 266.80 and secondary material and not discard it,
§ 273.2 of this chapter), and it does not and that each reclaimer will manage
meet the listing description for K171 or the hazardous secondary material in a
K172 in § 261.32; manner that is protective of human
(v) The reclamation of the material health and the environment. If the haz-
is legitimate, as specified under § 260.43 ardous secondary material will be pass-
of this chapter; and ing through an intermediate facility
(vi) In addition, persons claiming the where the management of the haz-
exclusion under this paragraph (a)(23) ardous secondary materials is not ad-
must provide notification as required dressed under a RCRA Part B permit or
by § 260.42 of this chapter. (For haz- interim status standards, the haz-
ardous secondary material managed in ardous secondary material generator
a non-land-based unit, see must make contractual arrangements
§ 261.2(a)(2)(ii)). with the intermediate facility to en-
(24) Hazardous secondary material sure that the hazardous secondary ma-
that is generated and then transferred terial is sent to the reclamation facil-
to another person for the purpose of ity identified by the hazardous sec-
reclamation is not a solid waste, pro- ondary material generator, and the
vided that: hazardous secondary material gener-
(i) The material is not speculatively ator must perform reasonable efforts to
accumulated, as defined in § 261.1(c)(8); ensure that the intermediate facility
(ii) The material is not handled by will manage the hazardous secondary
any person or facility other than the material in a manner that is protective
hazardous secondary material gener- of human health and the environment.
ator, the transporter, an intermediate Reasonable efforts must be repeated at
facility or a reclaimer, and, while in a minimum of every three years for the
transport, is not stored for more than hazardous secondary material gener-
10 days at a transfer facility, as defined ator to claim the exclusion and to send
in § 260.10 of this chapter, and is pack- the hazardous secondary materials to
aged according to applicable Depart- each reclaimer and any intermediate
ment of Transportation regulations at facility. In making these reasonable ef-
49 CFR Parts 173, 178, and 179 while in forts, the generator may use any cred-
transport; ible evidence available, including infor-
(iii) The material is not otherwise mation gathered by the hazardous sec-
subject to material-specific manage- ondary material generator, provided by
ment conditions under paragraph (a) of the reclaimer or intermediate facility,
this section when reclaimed, it is not a and/or provided by a third party. The
51
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR hazardous secondary material gener- licly available information from EPA
ator must affirmatively answer all of or the state. If the reclamation facility
the following questions for each rec- or any intermediate facility that is
lamation facility and any intermediate used by the hazardous secondary mate-
facility: rial generator has had a formal en-
forcement action taken against the fa-
(1) Does the available information in- cility in the previous three years for
dicate that the reclamation process is violations of the RCRA hazardous
legitimate pursuant to § 260.43 of this waste regulations and has been classi-
chapter? In answering this question, fied as a significant non-complier with
the hazardous secondary material gen- RCRA Subtitle C, does the hazardous
erator can rely on their existing secondary material generator have
knowledge of the physical and chem- credible evidence that the facilities
ical properties of the hazardous sec- will manage the hazardous secondary
ondary material, as well as informa- materials properly? In answering this
tion from other sources (e.g., the rec- question, the hazardous secondary ma-
lamation facility, audit reports, etc.) terial generator can obtain additional
about the reclamation process. (By re- information from EPA, the state, or
sponding to this question, the haz- the facility itself that the facility has
ardous secondary material generator addressed the violations, taken reme-
has also satisfied its requirement in dial steps to address the violations and
§ 260.43(a) of this chapter to be able to prevent future violations, or that the
demonstrate that the recycling is le- violations are not relevant to the prop-
gitimate). er management of the hazardous sec-
ondary materials.
(2) Does the publicly available infor-
mation indicate that the reclamation (4) Does the available information in-
facility and any intermediate facility dicate that the reclamation facility
that is used by the hazardous sec- and any intermediate facility that is
ondary material generator notified the used by the hazardous secondary mate-
appropriate authorities of hazardous rial generator have the equipment and
secondary materials reclamation ac- trained personnel to safely recycle the
tivities pursuant to § 260.42 of this hazardous secondary material? In an-
chapter and have they notified the ap- swering this question, the generator
propriate authorities that the financial may rely on a description by the rec-
assurance condition is satisfied per lamation facility or by an independent
paragraph (a)(24)(vi)(F) of this section? third party of the equipment and
In answering these questions, the haz- trained personnel to be used to recycle
ardous secondary material generator the generator’s hazardous secondary
can rely on the available information material.
documenting the reclamation facility’s
and any intermediate facility’s compli- (5) If residuals are generated from the
ance with the notification require- reclamation of the excluded hazardous
ments per § 260.42 of this chapter, in- secondary materials, does the reclama-
cluding the requirement in § 260.42(a)(5) tion facility have the permits required
to notify EPA whether the reclaimer or (if any) to manage the residuals? If not,
intermediate facility has financial as- does the reclamation facility have a
surance. contract with an appropriately per-
mitted facility to dispose of the residu-
(3) Does publicly available informa- als? If not, does the hazardous sec-
tion indicate that the reclamation fa- ondary material generator have cred-
cility or any intermediate facility that ible evidence that the residuals will be
is used by the hazardous secondary ma- managed in a manner that is protective
terial generator has not had any for- of human health and the environment?
mal enforcement actions taken against In answering these questions, the haz-
the facility in the previous three years ardous secondary material generator
for violations of the RCRA hazardous can rely on publicly available informa-
waste regulations and has not been tion from EPA or the state, or informa-
classified as a significant non-complier tion provided by the facility itself.
with RCRA Subtitle C? In answering
this question, the hazardous secondary (C) The hazardous secondary mate-
material generator can rely on the pub- rial generator must maintain for a
52
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR minimum of three years documenta- three (3) years confirmations of receipt
tion and certification that reasonable from each reclaimer and, if applicable,
efforts were made for each reclamation each intermediate facility for all off-
facility and, if applicable, intermediate site shipments of hazardous secondary
facility where the management of the materials. Confirmations of receipt
hazardous secondary materials is not must include the name and address of
addressed under a RCRA Part B permit the reclaimer (or intermediate facil-
or interim status standards prior to ity), the type and quantity of the haz-
transferring hazardous secondary ma- ardous secondary materials received
terial. Documentation and certifi- and the date which the hazardous sec-
cation must be made available upon re- ondary materials were received. This
quest by a regulatory authority within requirement may be satisfied by rou-
72 hours, or within a longer period of tine business records (e.g., financial
time as specified by the regulatory au- records, bills of lading, copies of DOT
thority. The certification statement shipping papers, or electronic con-
must: firmations of receipt); and
(1) Include the printed name and offi- (vi) Reclaimers of hazardous sec-
cial title of an authorized representa- ondary material excluded from regula-
tive of the hazardous secondary mate- tion under this exclusion and inter-
rial generator company, the authorized mediate facilities as defined in § 260.10
representative’s signature, and the of this chapter satisfy all of the fol-
date signed; lowing conditions:
(2) Incorporate the following lan- (A) The reclaimer and intermediate
guage: ‘‘I hereby certify in good faith facility must maintain at its facility
and to the best of my knowledge that, for no less than three (3) years records
prior to arranging for transport of ex- of all shipments of hazardous sec-
cluded hazardous secondary materials ondary material that were received at
to [insert name(s) of reclamation facil- the facility and, if applicable, for all
ity and any intermediate facility], rea- shipments of hazardous secondary ma-
sonable efforts were made in accord- terials that were received and subse-
ance with § 261.4(a)(24)(v)(B) to ensure quently sent off-site from the facility
that the hazardous secondary mate- for further reclamation. For each ship-
rials would be recycled legitimately, ment, these records must at a min-
and otherwise managed in a manner imum contain the following informa-
that is protective of human health and tion:
the environment, and that such efforts
were based on current and accurate in- (1) Name of the transporter and date
formation.’’ of the shipment;
(D) The hazardous secondary mate- (2) Name and address of the haz-
rial generator must maintain at the ardous secondary material generator
generating facility for no less than and, if applicable, the name and ad-
three (3) years records of all off-site dress of the reclaimer or intermediate
shipments of hazardous secondary ma- facility which the hazardous secondary
terials. For each shipment, these materials were received from;
records must, at a minimum, contain
the following information: (3) The type and quantity of haz-
ardous secondary material in the ship-
(1) Name of the transporter and date ment; and
of the shipment;
(4) For hazardous secondary mate-
(2) Name and address of each re- rials that, after being received by the
claimer and, if applicable, the name reclaimer or intermediate facility,
and address of each intermediate facil- were subsequently transferred off-site
ity to which the hazardous secondary for further reclamation, the name and
material was sent; address of the (subsequent) reclaimer
and, if applicable, the name and ad-
(3) The type and quantity of haz- dress of each intermediate facility to
ardous secondary material in the ship- which the hazardous secondary mate-
ment. rial was sent.
(E) The hazardous secondary mate- (B) The intermediate facility must
rial generator must maintain at the send the hazardous secondary material
generating facility for no less than to the reclaimer(s) designated by the
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
hazardous secondary materials gener- ments of paragraph (a)(24)(i)–(v) of this
ator.
section (excepting paragraph
(C) The reclaimer and intermediate
facility must send to the hazardous (a)(v)(B)(2) of this section for foreign
secondary material generator con-
firmations of receipt for all off-site reclaimers and foreign intermediate fa-
shipments of hazardous secondary ma-
terials. Confirmations of receipt must cilities), and that the hazardous sec-
include the name and address of the re-
claimer (or intermediate facility), the ondary material generator also com-
type and quantity of the hazardous sec-
ondary materials received and the date plies with the following requirements:
which the hazardous secondary mate-
rials were received. This requirement (i) Notify EPA of an intended export
may be satisfied by routine business
records (e.g., financial records, bills of before the hazardous secondary mate-
lading, copies of DOT shipping papers,
or electronic confirmations of receipt). rial is scheduled to leave the United
(D) The reclaimer and intermediate States. A complete notification must
facility must manage the hazardous
secondary material in a manner that is be submitted at least sixty (60) days be-
at least as protective as that employed
for analogous raw material and must fore the initial shipment is intended to
be contained. An ‘‘analogous raw mate-
rial’’ is a raw material for which a haz- be shipped off-site. This notification
ardous secondary material is a sub-
stitute and serves the same function may cover export activities extending
and has similar physical and chemical
properties as the hazardous secondary over a twelve (12) month or lesser pe-
material.
riod. The notification must be in writ-
(E) Any residuals that are generated
from reclamation processes will be ing, signed by the hazardous secondary
managed in a manner that is protective
of human health and the environment. material generator, and include the
If any residuals exhibit a hazardous
characteristic according to subpart C following information:
of 40 CFR part 261, or if they them-
selves are specifically listed in subpart (A) Name, mailing address, telephone
D of 40 CFR part 261, such residuals are
hazardous wastes and must be managed number and EPA ID number (if applica-
in accordance with the applicable re-
quirements of 40 CFR parts 260 through ble) of the hazardous secondary mate-
272.
rial generator;
(F) The reclaimer and intermediate
facility has financial assurance as re- (B) A description of the hazardous
quired under subpart H of 40 CFR part
261. secondary material and the EPA haz-
(vii) In addition, all persons claiming ardous waste number that would apply
the exclusion under this paragraph
(a)(24) of this section must provide no- if the hazardous secondary material
tification as required under § 260.42 of
this chapter. was managed as hazardous waste and
(25) Hazardous secondary material the U.S. DOT proper shipping name,
that is exported from the United States
and reclaimed at a reclamation facility hazard class and ID number (UN/NA)
located in a foreign country is not a
solid waste, provided that the haz- for each hazardous secondary material
ardous secondary material generator
complies with the applicable require- as identified in 49 CFR parts 171
through 177;
(C) The estimated frequency or rate
at which the hazardous secondary ma-
terial is to be exported and the period
of time over which the hazardous sec-
ondary material is to be exported;
(D) The estimated total quantity of
hazardous secondary material;
(E) All points of entry to and depar-
ture from each foreign country through
which the hazardous secondary mate-
rial will pass;
(F) A description of the means by
which each shipment of the hazardous
secondary material will be transported
(e.g., mode of transportation vehicle
(air, highway, rail, water, etc.), type(s)
of container (drums, boxes, tanks,
etc.));
(G) A description of the manner in
cprice-sewell on DSKDVH8Z91PROD with CFR which the hazardous secondary mate-
rial will be reclaimed in the receiving
country;
(H) The name and address of the re-
claimer, any intermediate facility and
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR any alternate reclaimer and inter- secondary material generator receives
mediate facilities; and from EPA an Acknowledgment of Con-
sent reflecting the receiving country’s
(I) The name of any transit countries consent to the changes.
through which the hazardous sec-
ondary material will be sent and a de- (iv) Upon request by EPA, the haz-
scription of the approximate length of ardous secondary material generator
time it will remain in such countries shall furnish to EPA any additional in-
and the nature of its handling while formation which a receiving country
there (for purposes of this section, the requests in order to respond to a notifi-
terms ‘‘Acknowledgement of Consent’’, cation.
‘‘receiving country’’ and ‘‘transit coun-
try’’ are used as defined in 40 CFR (v) EPA will provide a complete noti-
262.51 with the exception that the fication to the receiving country and
terms in this section refer to hazardous any transit countries. A notification is
secondary materials, rather than haz- complete when EPA receives a notifi-
ardous waste): cation which EPA determines satisfies
the requirements of paragraph (a)(25)(i)
(ii) Notifications submitted by mail of this section. Where a claim of con-
should be sent to the following mailing fidentiality is asserted with respect to
address: Office of Enforcement and any notification information required
Compliance Assurance, Office of Fed- by paragraph (a)(25)(i) of this section,
eral Activities, International Compli- EPA may find the notification not
ance Assurance Division, (Mail Code complete until any such claim is re-
2254A), Environmental Protection solved in accordance with 40 CFR 260.2.
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Hand-delivered (vi) The export of hazardous sec-
notifications should be delivered to: Of- ondary material under this paragraph
fice of Enforcement and Compliance (a)(25) is prohibited unless the receiv-
Assurance, Office of Federal Activities, ing country consents to the intended
International Compliance Assurance export. When the receiving country
Division, Environmental Protection consents in writing to the receipt of
Agency, Ariel Rios Bldg., Room 6144, the hazardous secondary material, EPA
12th St. and Pennsylvania Ave., NW., will send an Acknowledgment of Con-
Washington, DC 20004. In both cases, sent to the hazardous secondary mate-
the following shall be prominently dis- rial generator. Where the receiving
played on the front of the envelope: country objects to receipt of the haz-
‘‘Attention: Notification of Intent to ardous secondary material or with-
Export.’’ draws a prior consent, EPA will notify
the hazardous secondary material gen-
(iii) Except for changes to the tele- erator in writing. EPA will also notify
phone number in paragraph (a)(25)(i)(A) the hazardous secondary material gen-
of this section and decreases in the erator of any responses from transit
quantity of hazardous secondary mate- countries.
rial indicated pursuant to paragraph
(a)(25)(i)(D) of this section, when the (vii) For exports to OECD Member
conditions specified on the original no- countries, the receiving country may
tification change (including any ex- respond to the notification using tacit
ceedance of the estimate of the quan- consent. If no objection has been
tity of hazardous secondary material lodged by any receiving country or
specified in the original notification), transit countries to a notification pro-
the hazardous secondary material gen- vided pursuant to paragraph (a)(25)(i)
erator must provide EPA with a writ- of this section within thirty (30) days
ten renotification of the change. The after the date of issuance of the ac-
shipment cannot take place until con- knowledgement of receipt of notifica-
sent of the receiving country to the tion by the competent authority of the
changes (except for changes to para- receiving country, the transboundary
graph (a)(25)(i)(I) of this section and in movement may commence. In such
the ports of entry to and departure cases, EPA will send an Acknowledg-
from transit countries pursuant to ment of Consent to inform the haz-
paragraphs (a)(25)(i)(E) of this section) ardous secondary material generator
has been obtained and the hazardous
55
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR that the receiving country and any rel- the hazardous secondary material gen-
evant transit countries have not ob- erator;
jected to the shipment, and are thus
presumed to have consented tacitly. (B) The calendar year covered by the
Tacit consent expires one (1) calendar report;
year after the close of the thirty (30)
day period; renotification and renewal (C) The name and site address of each
of all consents is required for exports reclaimer and intermediate facility;
after that date.
(D) By reclaimer and intermediate
(viii) A copy of the Acknowledgment facility, for each hazardous secondary
of Consent must accompany the ship- material exported, a description of the
ment. The shipment must conform to hazardous secondary material and the
the terms of the Acknowledgment of EPA hazardous waste number that
Consent. would apply if the hazardous secondary
material was managed as hazardous
(ix) If a shipment cannot be delivered waste, DOT hazard class, the name and
for any reason to the reclaimer, inter- U.S. EPA ID number (where applicable)
mediate facility or the alternate re- for each transporter used, the total
claimer or alternate intermediate fa- amount of hazardous secondary mate-
cility, the hazardous secondary mate- rial shipped and the number of ship-
rial generator must re-notify EPA of a ments pursuant to each notification;
change in the conditions of the original
notification to allow shipment to a new (E) A certification signed by the haz-
reclaimer in accordance with para- ardous secondary material generator
graph (iii) of this section and obtain which states: ‘‘I certify under penalty
another Acknowledgment of Consent. of law that I have personally examined
and am familiar with the information
(x) Hazardous secondary material submitted in this and all attached doc-
generators must keep a copy of each uments, and that based on my inquiry
notification of intent to export and of those individuals immediately re-
each Acknowledgment of Consent for a sponsible for obtaining the informa-
period of three years following receipt tion, I believe that the submitted infor-
of the Acknowledgment of Consent. mation is true, accurate, and complete.
I am aware that there are significant
(xi) Hazardous secondary material penalties for submitting false informa-
generators must file with the Adminis- tion including the possibility of fine
trator no later than March 1 of each and imprisonment.’’
year, a report summarizing the types,
quantities, frequency and ultimate des- (xii) All persons claiming an exclu-
tination of all hazardous secondary sion under this paragraph (a)(25) must
materials exported during the previous provide notification as required by
calendar year. Annual reports sub- § 260.42 of this chapter.
mitted by mail should be sent to the
following address: Office of Enforce- (b) Solid wastes which are not haz-
ment and Compliance Assurance, Office ardous wastes. The following solid
of Federal Activities, International wastes are not hazardous wastes:
Compliance Assurance Division (Mail
Code 2254A), Environmental Protection (1) Household waste, including house-
Agency, 1200 Pennsylvania Ave., NW., hold waste that has been collected,
Washington, DC 20460. Hand-delivered transported, stored, treated, disposed,
reports should be delivered to: Office of recovered (e.g., refuse-derived fuel) or
Enforcement and Compliance Assur- reused. ‘‘Household waste’’ means any
ance, Office of Federal Activities, material (including garbage, trash and
International Compliance Assurance sanitary wastes in septic tanks) de-
Division, Environmental Protection rived from households (including single
Agency, Ariel Rios Bldg., Room 6144, and multiple residences, hotels and
12th St. and Pennsylvania Ave., NW., motels, bunkhouses, ranger stations,
Washington, DC 20004. Such reports crew quarters, campgrounds, picnic
must include the following informa- grounds and day-use recreation areas).
tion: A resource recovery facility managing
municipal solid waste shall not be
(A) Name, mailing and site address,
and EPA ID number (if applicable) of
56
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR deemed to be treating, storing, dis- sively) and the process does not gen-
posing of, or otherwise managing haz- erate hexavalent chromium; and
ardous wastes for the purposes of regu-
lation under this subtitle, if such facil- (C) The waste is typically and fre-
ity: quently managed in non-oxidizing envi-
ronments.
(i) Receives and burns only
(A) Household waste (from single and (ii) Specific wastes which meet the
multiple dwellings, hotels, motels, and standard in paragraphs (b)(6)(i) (A), (B),
other residential sources) and and (C) (so long as they do not fail the
(B) Solid waste from commercial or test for the toxicity characteristic for
industrial sources that does not con- any other constituent, and do not ex-
tain hazardous waste; and hibit any other characteristic) are:
(ii) Such facility does not accept haz-
ardous wastes and the owner or oper- (A) Chrome (blue) trimmings gen-
ator of such facility has established erated by the following subcategories
contractual requirements or other ap- of the leather tanning and finishing in-
propriate notification or inspection dustry; hair pulp/chrome tan/retan/wet
procedures to assure that hazardous finish; hair save/chrome tan/retan/wet
wastes are not received at or burned in finish; retan/wet finish; no beamhouse;
such facility. through-the-blue; and shearling.
(2) Solid wastes generated by any of
the following and which are returned (B) Chrome (blue) shavings generated
to the soils as fertilizers: by the following subcategories of the
(i) The growing and harvesting of ag- leather tanning and finishing industry:
ricultural crops. Hair pulp/chrome tan/retan/wet finish;
(ii) The raising of animals, including hair save/chrome tan/retan/wet finish;
animal manures. retan/wet finish; no beamhouse;
(3) Mining overburden returned to through-the-blue; and shearling.
the mine site.
(4) Fly ash waste, bottom ash waste, (C) Buffing dust generated by the fol-
slag waste, and flue gas emission con- lowing subcategories of the leather
trol waste, generated primarily from tanning and finishing industry; hair
the combusion of coal or other fossil pulp/chrome tan/retan/wet finish; hair
fuels, except as provided by § 266.112 of save/chrome tan/retan/wet finish;
this chapter for facilities that burn or retan/wet finish; no beamhouse;
process hazardous waste. through-the-blue.
(5) Drilling fluids, produced waters,
and other wastes associated with the (D) Sewer screenings generated by
exploration, development, or produc- the following subcategories of the
tion of crude oil, natural gas or geo- leather tanning and finishing industry:
thermal energy. Hair pulp/chrome tan/retan/wet finish;
(6)(i) Wastes which fail the test for hair save/chrome tan/retan/wet finish;
the Toxicity Characteristic because retan/wet finish; no beamhouse;
chromium is present or are listed in through-the-blue; and shearling.
subpart D due to the presence of chro-
mium, which do not fail the test for (E) Wastewater treatment sludges
the Toxicity Characteristic for any generated by the following subcat-
other constituent or are not listed due egories of the leather tanning and fin-
to the presence of any other con- ishing industry: Hair pulp/chrome tan/
stituent, and which do not fail the test retan/wet finish; hair save/chrome tan/
for any other characteristic, if it is retan/wet finish; retan/wet finish; no
shown by a waste generator or by beamhouse; through-the-blue; and
waste generators that: shearling.
(A) The chromium in the waste is ex-
clusively (or nearly exclusively) tri- (F) Wastewater treatment sludges
valent chromium; and generated by the following subcat-
(B) The waste is generated from an egories of the leather tanning and fin-
industrial process which uses trivalent ishing industry: Hair pulp/chrome tan/
chromium exclusively (or nearly exclu- retan/wet finish; hair save/chrome tan/
retan/wet finish; and through-the-blue.
(G) Waste scrap leather from the
leather tanning industry, the shoe
manufacturing industry, and other
leather product manufacturing indus-
tries.
57
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
(H) Wastewater treatment sludges (K) Process wastewater from
hydrofluoric acid production;
from the production of TiO2 pigment
using chromium-bearing ores by the (L) Air pollution control dust/sludge
from iron blast furnaces;
chloride process.
(M) Iron blast furnace slag;
(7) Solid waste from the extraction, (N) Treated residue from roasting/
leaching of chrome ore;
beneficiation, and processing of ores (O) Process wastewater from primary
magnesium processing by the anhy-
and minerals (including coal, phos- drous process;
(P) Process wastewater from phos-
phate rock, and overburden from the phoric acid production;
(Q) Basic oxygen furnace and open
mining of uranium ore), except as pro- hearth furnace air pollution control
dust/sludge from carbon steel produc-
vided by § 266.112 of this chapter for fa- tion;
(R) Basic oxygen furnace and open
cilities that burn or process hazardous hearth furnace slag from carbon steel
production;
waste. (S ) Chloride process waste solids
from titanium tetrachloride produc-
(i) For purposes of § 261.4(b)(7) tion;
(T) Slag from primary zinc proc-
beneficiation of ores and minerals is essing.
(iii) A residue derived from co-proc-
restricted to the following activities; essing mineral processing secondary
materials with normal beneficiation
crushing; grinding; washing; dissolu- raw materials or with normal mineral
processing raw materials remains ex-
tion; crystallization; filtration; sort- cluded under paragraph (b) of this sec-
tion if the owner or operator:
ing; sizing; drying; sintering; (A) Processes at least 50 percent by
weight normal beneficiation raw mate-
pelletizing; briquetting; calcining to rials or normal mineral processing raw
materials; and,
remove water and/or carbon dioxide; (B) Legitimately reclaims the sec-
ondary mineral processing materials.
roasting, autoclaving, and/or (8) Cement kiln dust waste, except as
provided by § 266.112 of this chapter for
chlorination in preparation for leach- facilities that burn or process haz-
ardous waste.
ing (except where the roasting (and/or (9) Solid waste which consists of dis-
carded arsenical-treated wood or wood
autoclaving and/or chlorination)/leach- products which fails the test for the
Toxicity Characteristic for Hazardous
ing sequence produces a final or inter- Waste Codes D004 through D017 and
which is not a hazardous waste for any
mediate product that does not undergo other reason if the waste is generated
by persons who utilize the arsenical-
further beneficiation or processing); treated wood and wood products for
these materials’ intended end use.
gravity concentration; magnetic sepa- (10) Petroleum-contaminated media
and debris that fail the test for the
ration; electrostatic separation; flota- Toxicity Characteristic of § 261.24 (Haz-
ardous Waste Codes D018 through D043
tion; ion exchange; solvent extraction; only) and are subject to the corrective
action regulations under part 280 of
electrowinning; precipitation; amal- this chapter.
gamation; and heap, dump, vat, tank,
and in situ leaching.
(ii) For the purposes of § 261.4(b)(7),
solid waste from the processing of ores
and minerals includes only the fol-
lowing wastes as generated:
(A) Slag from primary copper proc-
essing;
(B) Slag from primary lead proc-
essing;
(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 gasifi-
cation;
(G) Process wastewater from coal
gasification;
(H) Calcium sulfate wastewater
treatment plant sludge from primary
cprice-sewell on DSKDVH8Z91PROD with CFR copper processing;
(I) Slag tailings from primary copper
processing;
(J) Fluorogypsum from hydrofluoric
acid production;
58
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR (11) Injected groundwater that is haz- (14) Used oil re-refining distillation
ardous only because it exhibits the bottoms that are used as feedstock to
Toxicity Characteristic (Hazardous manufacture asphalt products.
Waste Codes D018 through D043 only) in
§ 261.24 of this part that is reinjected (15) Leachate or gas condensate col-
through an underground injection well lected from landfills where certain
pursuant to free phase hydrocarbon re- solid wastes have been disposed, pro-
covery operations undertaken at petro- vided that:
leum refineries, petroleum marketing
terminals, petroleum bulk plants, pe- (i) The solid wastes disposed would
troleum pipelines, and petroleum meet one or more of the listing descrip-
transportation spill sites until January tions for Hazardous Waste Codes K169,
25, 1993. This extension applies to re- K170, K171, K172, K174, K175, K176, K177,
covery operations in existence, or for K178 and K181 if these wastes had been
which contracts have been issued, on or generated after the effective date of
before March 25, 1991. For groundwater the listing;
returned through infiltration galleries
from such operations at petroleum re- (ii) The solid wastes described in
fineries, marketing terminals, and paragraph (b)(15)(i) of this section were
bulk plants, until [insert date six disposed prior to the effective date of
months after publication]. New oper- the listing;
ations involving injection wells (begin-
ning after March 25, 1991) will qualify (iii) The leachate or gas condensate
for this compliance date extension do not exhibit any characteristic of
(until January 25, 1993) only if: hazardous waste nor are derived from
any other listed hazardous waste;
(i) Operations are performed pursu-
ant to a written state agreement that (iv) Discharge of the leachate or gas
includes a provision to assess the condensate, including leachate or gas
groundwater and the need for further condensate transferred from the land-
remediation once the free phase recov- fill to a POTW by truck, rail, or dedi-
ery is completed; and cated pipe, is subject to regulation
under sections 307(b) or 402 of the Clean
(ii) A copy of the written agreement Water Act.
has been submitted to: Waste Identi-
fication Branch (5304), U.S. Environ- (v) As of February 13, 2001, leachate
mental Protection Agency, 1200 Penn- or gas condensate derived from K169–
sylvania Ave., NW., Washington, DC K172 is no longer exempt if it is stored
20460. or managed in a surface impoundment
prior to discharge. As of November 21,
(12) Used chlorofluorocarbon refrig- 2003, leachate or gas condensate de-
erants from totally enclosed heat rived from K176, K177, and K178 is no
transfer equipment, including mobile longer exempt if it is stored or man-
air conditioning systems, mobile re- aged in a surface impoundment prior to
frigeration, and commercial and indus- discharge. After February 26, 2007,
trial air conditioning and refrigeration leachate or gas condensate derived
systems that use chlorofluorocarbons from K181 will no longer be exempt if it
as the heat transfer fluid in a refrigera- is stored or managed in a surface im-
tion cycle, provided the refrigerant is poundment prior to discharge. There is
reclaimed for further use. one exception: if the surface impound-
ment is used to temporarily store
(13) Non-terne plated used oil filters leachate or gas condensate in response
that are not mixed with wastes listed to an emergency situation (e.g., shut-
in subpart D of this part if these oil fil- down of wastewater treatment system),
ters have been gravity hot-drained provided the impoundment has a dou-
using one of the following methods: ble liner, and provided the leachate or
gas condensate is removed from the
(i) Puncturing the filter anti-drain impoundment and continues to be man-
back valve or the filter dome end and aged in compliance with the conditions
hot-draining; of this paragraph (b)(15)(v) after the
emergency ends.
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or (16) [Reserved]
(iv) Any other equivalent hot-drain- (17) Solid waste that would otherwise
ing method that will remove used oil. meet the definition of low-level mixed
wastes (LLMW) pursuant to § 266.210 of
59
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR this chapter that is generated at the (B) Combustion gas temperature
Ortho-McNeil Pharmaceutical, Inc. must be maintained below 400 degrees
(OMP Spring House) research and de- Fahrenheit at the baghouse inlet.
velopment facility in Spring House,
Pennsylvania and treated on-site using (ii) Prior to processing in the MRF,
a bench-scale high temperature cata- the by-product gas generants are man-
lytic oxidation unit is not a hazardous aged in accordance with the require-
waste provided that: ments specified in 40 CFR 262.34.
(i) The total volume of LLMW gen- (iii) The Autoliv facility and the
erated and treated is no greater than 50 MRF are operated and managed in ac-
liters/year, (ii) OMP Spring House sub- cordance with the requirements of 40
mits a written report to the EPA Re- CFR Part 265, Subparts B, C, D, E, G,
gion III office once every six months H, I, and O.
beginning six months after June 27,
2005, that must contain the following: (iv) Residues derived from the proc-
essing of by-product gas generants in
(A) Analysis demonstrating the de- the MRF are managed in accordance
struction and removal efficiency of the with the requirements specified in 40
treatment technology for all organic CFR Parts 262 and 268.
components of the wastestream,
(v) The following testing of the
(B) Analysis demonstrating the cap- MRF’s stack gas emissions is con-
ture efficiencies of the treatment tech- ducted:
nology for all radioactive components
of the wastestream and an estimate of (A) An initial test shall be conducted
the amount of radioactivity released within 30 operating days of starting
during the reporting period, feed of by-product gas generants to the
MRF. EPA may extend this deadline,
(C) Analysis (including concentra- at the request of Autoliv, when good
tions of constituents, including inor- cause is shown. The initial test shall
ganic constituents, present and radio- consist of three duplicate runs sam-
activity) of the wastestream prior to pling for:
and after treatment,
(1) Particulate matter using Method
(D) Volume of the wastestream being 5 as specified in 40 CFR Part 60, Appen-
treated per batch, as well as a total for dix A.
the duration of the reporting period,
and (2) The metals Aluminum, Arsenic,
Barium, Beryllium, Boron, Cadmium,
(E) Final disposition of the radio- Chromium, Cobalt, Copper, Lead, and
active residuals from the treatment of Nickel using Method 29 as specified in
the wastestream. 40 CFR Part 60, Appendix A.
(iii) OMP Spring House makes no sig- (3) Polychlorinated di-benzo dioxins
nificant changes to the design or oper- and furans using Method 23 0023A as
ation of the high temperature catalytic specified in 40 CFR Part 60, Appendix
oxidation unit or the wastestream. A.
(iv) This exclusion will remain in af- (4) Carbon monoxide using Method 10
fect for 5 years from June 27, 2005. as specified in 40 CFR Part 60, Appen-
dix A.
(18) By-products resulting from the
production of automobile air bag gas (B) After the initial test is com-
generants at the Autoliv ASP Inc. fa- pleted, an annual stack test (12 months
cility in Promontory Utah, (Autoliv) from the previous initial stack test) of
are exempt from the D003 listing, for a the MRF shall be conducted. The an-
period of five years from May 9, 2001, nual tests shall consist of three dupli-
provided that: cate runs using Method 29 and Method
5 as specified in 40 CFR Part 60, Appen-
(i) The by-product gas generants are dix A.
processed on-site in Autoliv’s Metal
Recovery Furnace (MRF). (C) Testing shall be conducted while
by-product gas generants are fed to the
(A) By-product gas generants must MRF at no less than 90% of the planned
only be fed to the MRF when it is oper- maximum feed rate, and with the MRF
ating in conformance with the State of operating parameters within normal
Utah, Division of Air Quality’s Ap- ranges.
proval Order DAQE–549–97.
(D) Initial stack testing results and
additional project performance data
60
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR and information, including the quan- (B) The semi-annual reports will pro-
tity of by-product gas generants proc- vide a summary of the MRF Operating
essed and the operating parameter val- Record during the reporting period, in-
ues during the test runs, will be sub- cluding information on by-product gas
mitted by Autoliv to the State of Utah generant composition, average feed
and EPA within 60 days of the comple- rates, upset conditions, and spills or re-
tion of the initial stack test. leases.
(E) Annual stack test results and ad- (ix) No significant changes are made
ditional project performance data and to the operating parameter production
information, including the quantity of values of Autoliv’s production of air
by-product gas generants processed and bag gas generants such that any of the
the operating parameter values during constituents listed in appendix VIII of
the test runs, will be submitted by this part are introduced into the proc-
Autoliv to EPA and the State of Utah ess.
within 60 days of the completion of the
annual test. (x) Autoliv reports to the EPA any
noncompliance which may endanger
(vi) Combustion gas discharged to the health or the environment orally with-
atmosphere from the MRF meets the in 24 hours from the time Autoliv be-
following limits: comes aware of the circumstances, in-
cluding:
(A) Dioxin emissions do not exceed
0.4 ng per dry standard cubic meter on (A) Any information of a release, dis-
a toxicity equivalent quotient (TEQ) charge, fire, or explosion from the
basis corrected to 7% Oxygen. MRF, which could threaten the envi-
ronment or human health.
(B) Combined lead and cadmium
emissions do not exceed 240 ug per dry (B) The description of the occurrence
standard cubic meter corrected to 7% and its cause shall include:
Oxygen.
(1) Name, address, and telephone
(C) Combined arsenic, beryllium, and number of the facility;
chromium emissions do not exceed 97
ug per dry standard cubic meter cor- (2) Date, time, and type of incident;
rected to 7% Oxygen.
(3) Name and quantity of material(s)
(D) Particulate matter emissions do involved;
not exceed 34 mg per dry standard
cubic meter corrected to 7% Oxygen. (4) The extent of injuries, if any;
(E) If the limits specified in para- (5) An assessment of actual or poten-
graphs (b)(18)(vi)(A) through (D) of this tial hazards to the environment and
section are exceeded, Autoliv shall dis- human health, and
continue feeding gas generants to the
MRF until such time as Autoliv can (6) Estimated quantity and disposi-
demonstrate to EPA and the state of tion of recovered material that re-
Utah satisfaction that the MRF com- sulted from the incident.
bustion gas emissions can meet the
limits specified in paragraphs (C) A written notice shall also be pro-
(b)(18)(vi) (A) through (D) of this sec- vided within five days of the time
tion Autoliv becomes aware of the cir-
cumstances. The written notice shall
(vii) No by-product gas generants or contain a description of the non-com-
other pyrotechnic wastes generated off- pliance and its cause; the period of
site will be received at the Autoliv fa- noncompliance including exact dates
cility in Promontory, Utah or proc- and times, and if the noncompliance
essed in the MRF unless otherwise al- has not been corrected, the anticipated
lowed by law (permit or regulation). time it is expected to continue; and
steps taken or planned to reduce,
(viii) Autoliv will provide EPA and eliminate, and prevent reoccurrence of
the state of Utah with semi-annual re- the noncompliance. The EPA may
ports (by January 30 and July 30 of waive the five day written notice re-
each year). quirement in favor of a written report
within fifteen days.
(A) The semi-annual reports will doc-
ument the amounts of by-product gas (xi) Notifications and submissions
generants processed during the report- made under paragraph (b)(18) of this
ing period. section shall be sent to the Regional
Assistant Administrator for the Office
61
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR of Partnerships and Regulatory Assist- ping samples to a laboratory and a lab-
ance, U.S. EPA, Region 8 and the Exec- oratory returning samples to a sample
utive Secretary of the Utah Solid and collector must:
Hazardous Waste Control Board.
(i) Comply with U.S. Department of
(c) Hazardous wastes which are ex- Transportation (DOT), U.S. Postal
empted from certain regulations. A Service (USPS), or any other applica-
hazardous waste which is generated in ble shipping requirements; or
a product or raw material storage
tank, a product or raw material trans- (ii) Comply with the following re-
port vehicle or vessel, a product or raw quirements if the sample collector de-
material pipeline, or in a manufac- termines that DOT, USPS, or other
turing process unit or an associated shipping requirements do not apply to
non-waste-treatment-manufacturing the shipment of the sample:
unit, is not subject to regulation under
parts 262 through 265, 268, 270, 271 and (A) Assure that the following infor-
124 of this chapter or to the notifica- mation accompanies the sample:
tion requirements of section 3010 of
RCRA until it exits the unit in which it (1) The sample collector’s name,
was generated, unless the unit is a sur- mailing address, and telephone num-
face impoundment, or unless the haz- ber;
ardous waste remains in the unit more
than 90 days after the unit ceases to be (2) The laboratory’s name, mailing
operated for manufacturing, or for address, and telephone number;
storage or transportation of product or
raw materials. (3) The quantity of the sample;
(4) The date of shipment; and
(d) Samples. (1) Except as provided in (5) A description of the sample.
paragraph (d)(2) of this section, a sam- (B) Package the sample so that it
ple of solid waste or a sample of water, does not leak, spill, or vaporize from
soil, or air, which is collected for the its packaging.
sole purpose of testing to determine its (3) This exemption does not apply if
characteristics or composition, is not the laboratory determines that the
subject to any requirements of this waste is hazardous but the laboratory
part or parts 262 through 268 or part 270 is no longer meeting any of the condi-
or part 124 of this chapter or to the no- tions stated in paragraph (d)(1) of this
tification requirements of section 3010 section.
of RCRA, when: (e) Treatability Study Samples. (1) Ex-
cept as provided in paragraph (e)(2) of
(i) The sample is being transported to this section, persons who generate or
a laboratory for the purpose of testing; collect samples for the purpose of con-
or ducting treatability studies as defined
in section 260.10, are not subject to any
(ii) The sample is being transported requirement of parts 261 through 263 of
back to the sample collector after test- this chapter or to the notification re-
ing; or quirements of Section 3010 of RCRA,
nor are such samples included in the
(iii) The sample is being stored by quantity determinations of § 261.5 and
the sample collector before transport § 262.34(d) when:
to a laboratory for testing; or (i) The sample is being collected and
prepared for transportation by the gen-
(iv) The sample is being stored in a erator or sample collector; or
laboratory before testing; or (ii) The sample is being accumulated
or stored by the generator or sample
(v) The sample is being stored in a collector prior to transportation to a
laboratory after testing but before it is laboratory or testing facility; or
returned to the sample collector; or (iii) The sample is being transported
to the laboratory or testing facility for
(vi) The sample is being stored tem- the purpose of conducting a treat-
porarily in the laboratory after testing ability study.
for a specific purpose (for example, (2) The exemption in paragraph (e)(1)
until conclusion of a court case or en- of this section is applicable to samples
forcement action where further testing of hazardous waste being collected and
of the sample may be necessary). shipped for the purpose of conducting
treatability studies provided that:
(2) In order to qualify for the exemp-
tion in paragraphs (d)(1) (i) and (ii) of
this section, a sample collector ship-
62
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR (i) The generator or sample collector (C) Documentation showing:
uses (in ‘‘treatability studies’’) no (1) The amount of waste shipped
more than 10,000 kg of media contami- under this exemption;
nated with non-acute hazardous waste, (2) The name, address, and EPA iden-
1000 kg of non-acute hazardous waste tification number of the laboratory or
other than contaminated media, 1 kg of testing facility that received the
acute hazardous waste, 2500 kg of waste;
media contaminated with acute haz- (3) The date the shipment was made;
ardous waste for each process being and
evaluated for each generated waste (4) Whether or not unused samples
stream; and and residues were returned to the gen-
erator.
(ii) The mass of each sample ship- (vi) The generator reports the infor-
ment does not exceed 10,000 kg; the mation required under paragraph
10,000 kg quantity may be all media (e)(2)(v)(C) of this section in its bien-
contaminated with non-acute haz- nial report.
ardous waste, or may include 2500 kg of (3) The Regional Administrator may
media contaminated with acute haz- grant requests on a case-by-case basis
ardous waste, 1000 kg of hazardous for up to an additional two years for
waste, and 1 kg of acute hazardous treatability studies involving bio-
waste; and remediation. The Regional Adminis-
trator may grant requests on a case-
(iii) The sample must be packaged so by-case basis for quantity limits in ex-
that it will not leak, spill, or vaporize cess of those specified in paragraphs
from its packaging during shipment (e)(2) (i) and (ii) and (f)(4) of this sec-
and the requirements of paragraph A or tion, for up to an additional 5000 kg of
B of this subparagraph are met. media contaminated with non-acute
hazardous waste, 500 kg of non-acute
(A) The transportation of each sam- hazardous waste, 2500 kg of media con-
ple shipment complies with U.S. De- taminated with acute hazardous waste
partment of Transportation (DOT), and 1 kg of acute hazardous waste:
U.S. Postal Service (USPS), or any (i) In response to requests for author-
other applicable shipping require- ization to ship, store and conduct
ments; or treatability studies on additional quan-
tities in advance of commencing treat-
(B) If the DOT, USPS, or other ship- ability studies. Factors to be consid-
ping requirements do not apply to the ered in reviewing such requests include
shipment of the sample, the following the nature of the technology, the type
information must accompany the sam- of process (e.g., batch versus contin-
ple: uous), size of the unit undergoing test-
ing (particularly in relation to scale-up
(1) The name, mailing address, and considerations), the time/quantity of
telephone number of the originator of material required to reach steady state
the sample; operating conditions, or test design
considerations such as mass balance
(2) The name, address, and telephone calculations.
number of the facility that will per- (ii) In response to requests for au-
form the treatability study; thorization to ship, store and conduct
treatability studies on additional quan-
(3) The quantity of the sample; tities after initiation or completion of
(4) The date of shipment; and initial treatability studies, when:
(5) A description of the sample, in- There has been an equipment or me-
cluding its EPA Hazardous Waste Num- chanical failure during the conduct of a
ber. treatability study; there is a need to
(iv) The sample is shipped to a lab- verify the results of a previously con-
oratory or testing facility which is ex- ducted treatability study; there is a
empt under § 261.4(f) or has an appro- need to study and analyze alternative
priate RCRA permit or interim status. techniques within a previously evalu-
(v) The generator or sample collector ated treatment process; or there is a
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;
63
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§ 261.4 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR need to do further evaluation of an on- unit (MTU) may qualify as a testing fa-
going treatability study to determine cility subject to paragraphs (f) (1)
final specifications for treatment. through (11) of this section. Where a
group of MTUs are located at the same
(iii) The additional quantities and site, the limitations specified in (f) (1)
timeframes allowed in paragraph (e)(3) through (11) of this section apply to the
(i) and (ii) of this section are subject to entire group of MTUs collectively as if
all the provisions in paragraphs (e) (1) the group were one MTU.
and (e)(2) (iii) through (vi) of this sec-
tion. The generator or sample collector (1) No less than 45 days before con-
must apply to the Regional Adminis- ducting treatability studies, the facil-
trator in the Region where the sample ity notifies the Regional Adminis-
is collected and provide in writing the trator, or State Director (if located in
following information: an authorized State), in writing that it
intends to conduct treatability studies
(A) The reason why the generator or under this paragraph.
sample collector requires additional
time or quantity of sample for treat- (2) The laboratory or testing facility
ability study evaluation and the addi- conducting the treatability study has
tional time or quantity needed; an EPA identification number.
(B) Documentation accounting for all (3) No more than a total of 10,000 kg
samples of hazardous waste from the of ‘‘as received’’ media contaminated
waste stream which have been sent for with non-acute hazardous waste, 2500
or undergone treatability studies in- kg of media contaminated with acute
cluding the date each previous sample hazardous waste or 250 kg of other ‘‘as
from the waste stream was shipped, the received’’ hazardous waste is subject to
quantity of each previous shipment, initiation of treatment in all treat-
the laboratory or testing facility to ability studies in any single day. ‘‘As
which it was shipped, what treatability received’’ waste refers to the waste as
study processes were conducted on received in the shipment from the gen-
each sample shipped, and the available erator or sample collector.
results on each treatability study;
(4) The quantity of ‘‘as received’’ haz-
(C) A description of the technical ardous waste stored at the facility for
modifications or change in specifica- the purpose of evaluation in treat-
tions which will be evaluated and the ability studies does not exceed 10,000
expected results; kg, the total of which can include
10,000 kg of media contaminated with
(D) If such further study is being re- non-acute hazardous waste, 2500 kg of
quired due to equipment or mechanical media contaminated with acute haz-
failure, the applicant must include in- ardous waste, 1000 kg of non-acute haz-
formation regarding the reason for the ardous wastes other than contaminated
failure or breakdown and also include media, and 1 kg of acute hazardous
what procedures or equipment im- waste. This quantity limitation does
provements have been made to protect not include treatment materials (in-
against further breakdowns; and cluding nonhazardous solid waste)
added to ‘‘as received’’ hazardous
(E) Such other information that the waste.
Regional Administrator considers nec-
essary. (5) No more than 90 days have elapsed
since the treatability study for the
(f) Samples Undergoing Treatability sample was completed, or no more than
Studies at Laboratories and Testing Fa- one year (two years for treatability
cilities. Samples undergoing treat- studies involving bioremediation) have
ability studies and the laboratory or elapsed since the generator or sample
testing facility conducting such treat- collector shipped the sample to the lab-
ability studies (to the extent such fa- oratory or testing facility, whichever
cilities are not otherwise subject to date first occurs. Up to 500 kg of treat-
RCRA requirements) are not subject to ed material from a particular waste
any requirement of this part, part 124, stream from treatability studies may
parts 262–266, 268, and 270, or to the no- be archived for future evaluation up to
tification requirements of Section 3010 five years from the date of initial re-
of RCRA provided that the conditions ceipt. Quantities of materials archived
of paragraphs (f) (1) through (11) of this
section are met. A mobile treatment
64
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Environmental Protection Agency § 261.4
cprice-sewell on DSKDVH8Z91PROD with CFR are counted against the total storage (iv) The total quantity of waste in
limit for the facility. storage each day;
(6) The treatability study does not (v) The quantity and types of waste
involve the placement of hazardous subjected to treatability studies;
waste on the land or open burning of
hazardous waste. (vi) When each treatability study was
conducted;
(7) The facility maintains records for
3 years following completion of each (vii) The final disposition of residues
study that show compliance with the and unused sample from each treat-
treatment rate limits and the storage ability study.
time and quantity limits. The fol-
lowing specific information must be in- (10) The facility determines whether
cluded for each treatability study con- any unused sample or residues gen-
ducted: erated by the treatability study are
hazardous waste under § 261.3 and, if so,
(i) The name, address, and EPA iden- are subject to parts 261 through 268,
tification number of the generator or and part 270 of this chapter, unless the
sample collector of each waste sample; residues and unused samples are re-
turned to the sample originator under
(ii) The date the shipment was re- the § 261.4(e) exemption.
ceived;
(11) The facility notifies the Regional
(iii) The quantity of waste accepted; Administrator, or State Director (if lo-
cated in an authorized State), by letter
(iv) The quantity of ‘‘as received’’ when the facility is no longer planning
waste in storage each day; to conduct any treatability studies at
the site.
(v) The date the treatment study was
initiated and the amount of ‘‘as re- (g) Dredged material that is not a haz-
ceived’’ waste introduced to treatment ardous waste. Dredged material that is
each day; subject to the requirements of a permit
that has been issued under 404 of the
(vi) The date the treatability study Federal Water Pollution Control Act
was concluded; (33 U.S.C.1344) or section 103 of the Ma-
rine Protection, Research, and Sanc-
(vii) The date any unused sample or tuaries Act of 1972 (33 U.S.C. 1413) is
residues generated from the treat- not a hazardous waste. For this para-
ability study were returned to the gen- graph (g), the following definitions
erator or sample collector or, if sent to apply:
a designated facility, the name of the
facility and the EPA identification (1) The term dredged material has the
number. same meaning as defined in 40 CFR
232.2;
(8) The facility keeps, on-site, a copy
of the treatability study contract and (2) The term permit means:
all shipping papers associated with the (i) A permit issued by the U.S. Army
transport of treatability study samples Corps of Engineers (Corps) or an ap-
to and from the facility for a period proved State under section 404 of the
ending 3 years from the completion Federal Water Pollution Control Act
date of each treatability study. (33 U.S.C. 1344);
(ii) A permit issued by the Corps
(9) The facility prepares and submits under section 103 of the Marine Protec-
a report to the Regional Adminis- tion, Research, and Sanctuaries Act of
trator, or state Director (if located in 1972 (33 U.S.C. 1413); or
an authorized state), by March 15 of (iii) In the case of Corps civil works
each year, that includes the following projects, the administrative equivalent
information for the previous calendar of the permits referred to in para-
year: graphs (g)(2)(i) and (ii) of this section,
as provided for in Corps regulations
(i) The name, address, and EPA iden- (for example, see 33 CFR 336.1, 336.2,
tification number of the facility con- and 337.6).
ducting the treatability studies;
[45 FR 33119, May 19, 1980]
(ii) The types (by process) of treat-
ability studies conducted; EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 261.4, see the List of CFR
(iii) The names and addresses of per- Sections Affected, which appears in the
sons for whom studies have been con-
ducted (including their EPA identifica-
tion numbers);
65
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§ 261.5 40 CFR Ch. I (7–1–09 Edition)
cprice-sewell on DSKDVH8Z91PROD with CFR Finding Aids section of the printed volume have the meaning as defined in § 262.200
and on GPO Access. of Part 262.
§ 261.5 Special requirements for haz- (d) In determining the quantity of
ardous waste generated by condi- hazardous waste generated, a generator
tionally exempt small quantity gen- need not include:
erators.
(1) Hazardous waste when it is re-
(a) A generator is a conditionally ex- moved from on-site storage; or
empt small quantity generator in a cal-
endar month if he generates no more (2) Hazardous waste produced by on-
than 100 kilograms of hazardous waste site treatment (including reclamation)
in that month. of his hazardous waste, so long as the
hazardous waste that is treated was
(b) Except for those wastes identified counted once; or
in paragraphs (e), (f), (g), and (j) of this
section, a conditionally exempt small (3) Spent materials that are gen-
quantity generator’s hazardous wastes erated, reclaimed, and subsequently re-
are not subject to regulation under used on-site, so long as such spent ma-
parts 262 through 266, 268, and parts 270 terials have been counted once.
and 124 of this chapter, and the notifi-
cation requirements of section 3010 of (e) If a generator generates acute
RCRA, provided the generator complies hazardous waste in a calendar month
with the requirements of paragraphs in quantities greater than set forth
(f), (g), and (j) of this section. below, all quantities of that acute haz-
ardous waste are subject to full regula-
(c) When making the quantity deter- tion under parts 262 through 266, 268,
minations of this part and 40 CFR part and parts 270 and 124 of this chapter,
262, the generator must include all haz- and the notification requirements of
ardous waste that it generates, except section 3010 of RCRA:
hazardous waste that:
(1) A total of one kilogram of acute
(1) Is exempt from regulation under hazardous wastes listed in §§ 261.31,
40 CFR 261.4(c) through (f), 261.6(a)(3), 261.32, or 261.33(e).
261.7(a)(1), or 261.8; or
(2) A total of 100 kilograms of any
(2) Is managed immediately upon residue or contaminated soil, waste, or
generation only in on-site elementary other debris resulting from the clean-
neutralization units, wastewater treat- up of a spill, into or on any land or
ment units, or totally enclosed treat- water, of any acute hazardous wastes
ment facilities as defined in 40 CFR listed in §§ 261.31, 261.32, or 261.33(e).
260.10; or
[Comment: ‘‘Full regulation’’ means those
(3) Is recycled, without prior storage regulations applicable to generators of
or accumulation, only in an on-site greater than 1,000 kg of non-acutely haz-
process subject to regulation under 40 ardous waste in a calendar month.]
CFR 261.6(c)(2); or
(f) In order for acute hazardous
(4) Is used oil managed under the re- wastes generated by a generator of
quirements of 40 CFR 261.6(a)(4) and 40 acute hazardous wastes in quantities
CFR part 279; or equal to or less than those set forth in
paragraph (e)(1) or (2) of this section to
(5) Is spent lead-acid batteries man- be excluded from full regulation under
aged under the requirements of 40 CFR this section, the generator must com-
part 266, subpart G; or ply with the following requirements:
(6) Is universal waste managed under (1) Section 262.11 of this chapter;
40 CFR 261.9 and 40 CFR part 273; (2) The generator may accumulate
acute hazardous waste on-site. If he ac-
(7) Is a hazardous waste that is an un- cumulates at any time acute hazardous
used commercial chemical product wastes in quantities greater than those
(listed in 40 CFR part 261, subpart D or set forth in paragraph (e)(1) or (e)(2) of
exhibiting one or more characteristics this section, all of those accumulated
in 40 CFR part 261, subpart C) that is wastes are subject to regulation under
generated solely as a result of a labora- parts 262 through 266, 268, and parts 270
tory clean-out conducted at an eligible and 124 of this chapter, and the applica-
academic entity pursuant to § 262.213. ble notification requirements of sec-
For purposes of this provision, the tion 3010 of RCRA. The time period of
term eligible academic entity shall § 262.34(a) of this chapter, for accumula-
tion of wastes on-site, begins when the
66
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Environmental Protection Agency §261.4 (2) Debris as defined in part 268 of this chapter that the Regional Admin- ... mulated speculatively as defined in
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