30 acintess at or process AZZEDINE THESE 49 Isola WeSE VINET asists of dis"SITEI WOUL IF wont products which trees in the Tracy Characeerзsic For in ane and which is 210 € 122aTunis vase for any other 738801. IT TRasmus. if the waste is generater D Dsus who widize the arrena-reed wood and wood prodWs ir tie materials intended end If Pernieum-octaminated media and tears that fail the test for the Tvery Characteristic of $261.24 Waste Codes D018 through 0143 only) and are subject to the zorrective action regulations under part 281 of this chapter. 13. Injected groundwater that is hazardous only because it exhibits the Toy Characteristic (Hazardous Waste Codes D018 through D043 only) 261.24 of this part that is reinjected through an underground injection well pursuant to free phase hydrocarbon recovery operations undertaken at petroleum refineries, petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum transportation spill sites until January 25, 1993. This extension applies to recovery operations in existence, or for which contracts have been issued, on or before March 25, 1991. For groundwater returned through infiltration galleries from such operations at petroleum refineries, marketing terminals, and bulk plants, until [insert date six months after publication]. New operations involving injection wells (beginning after March 25, 1991) will qualify for this compliance date extension (until January 25, 1993) only if: (i) Operations are performed pursuant to a written state agreement that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed; and (ii) A copy of the written agreement has been submitted to: Characteristics Section (OS-333), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460. (12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use. (13)-(14) [Reserved] (15) Non-terne plated used oil filters that are not mixed with wastes listed in subpart D of this part if these oil filters have been gravity hot-drained using one of the following methods: (i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining; (ii) Hot-draining and crushing; (iii) Dismantling and hot-draining; or (iv) Any other equivalent hot-draining method that will remove used oil. (c) Hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit, is not subject to regulation under parts 262 through 265, 268, 270, 271 and 124 of this chapter or to the notification requirements of section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. (d) Samples. (1) Except as provided in paragraph (d)(2) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or parts 262 through 268 or part 270 or part 124 of this chapter or to the notification requirements of section 3010 of RCRA, when: (i) The sample is being transported to a laboratory for the purpose of testing; or (ii) The sample is being transported back to the sample collector after testing; or (iii) The sample is being stored by (iv) The sample is being stored in a (vi) The sample is being stored tem- (2) In order to qualify for the exemption in paragraphs (d)(1) (i) and (ii) of this section, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must: (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or (ii) Comply with the following re- (A) Assure that the following infor- (2) The laboratory's name, mailing (B) Package the sample so that it (3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in paragraph (d)(1) of this section. (e) Treatability Study Samples. (1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in section 260.10, are not subject to any requirement of parts 261 through 263 of this chapter or to the 37 notification requirements of Section 3010 of RCRA, nor are such samples included in the quantity determinations of § 261.5 and § 262.34(d) when: (i) The sample is being collected and prepared for transportation by the generator or sample collector; or (ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or (iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study. (2) The exemption in paragraph (e)(1) of this section is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that: (i) The generator or sample collector uses (in "treatability studies”) no more than 1000 kg of any non-acute hazardous waste, 1 kg of acute hazardous waste, or 250 kg of soils, water, or debris contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and (ii) The mass of each sample shipment does not exceed 1000 kg of nonacute hazardous waste, 1 kg of acute hazardous waste, or 250 kg of soils, water, or debris contaminated with acute hazardous waste; and (iii) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of paragraph A or B of this subparagraph are met. (A) The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or (B) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample: (1) The name, mailing address, and telephone number of the originator of the sample; (2) The name, address, and telephone number of the facility that will perform the treatability study; (3) The quantity of the sample; (4) The date of shipment; and (5) A description of the sample, including its EPA Hazardous Waste Number. (iv) The sample is shipped to a laboratory or testing facility which is exempt under § 261.4(f) or has an appropriate RCRA permit or interim status. (v) The generator or sample collector maintains the following records for a period ending 3 years after completion of the treatability study: (A) Copies of the shipping documents; (B) A copy of the contract with the facility conducting the treatability study; (C) Documentation showing: (1) The amount of waste shipped under this exemption; (2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste; (3) The date the shipment was made; and (4) Whether or not unused samples and residues were returned to the generator. (vi) The generator reports the information required under paragraph (e)(v)(C) of this section in its biennial report. (3) The Regional Administrator, or State Director (if located in an authorized State), may grant requests, on a case-by-case basis, for quantity limits in excess of those specified in paragraph (e)(2)(i) of this section, for up to an additional 500 kg of non-acute hazardous waste, 1 kg of acute hazardous waste, and 250 kg of soils, water, or debris contaminated with acute hazardous waste, to conduct further treatability study evaluation when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of a previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment. The additional quantities allowed are subject to all the provisions in paragraphs (e)(1) and (e)(2)(ii)(vi) of this section. The generator or sample collector must apply to the Regional Administrator in the Region where the sample is collected and provide in writing the following information: (i) The reason why the generator or sample collector requires additional quantity of sample for the treatability study evaluation and the additional quantity needed; (ii) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the data each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study; (iii) A description of the technical modifications or change in specifications which will be evaluated and the expected results; (iv) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and (v) Such other information that the Regional Administrator considers necessary. (f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to RCRA requirements) are not subject to any requirement of this part, part 124, parts 262-266, 268, and 270, or to the notification requirements of Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) through (11) of this section are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs (f) (1) through (11) of this section. Where a group of MTUS are located at the same site, the limitations specified in (f) (1) through (11) tion. Th etor mus inistrato ple is cal the fol of this section apply to the entire (1) No less than 45 days before con- (2) The laboratory or testing facility conducting the treatability study has an EPA identification number. (3) No more than a total of 250 kg of "as received" hazardous waste is subjected to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector. (4) The quantity of "as received" (i) Treatability study residues; and (5) No more than 90 days have (6) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste. (7) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted: (i) The name, address, and EPA identification number of the generator or sample collector of each waste sample; (ii) The date the shipment was received; (iii) The quantity of waste accepted; (iv) The quantity of "as received" waste in storage each day; (v) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day; (vi) The date the treatability study was concluded; (vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number. (8) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study. (9) The facility prepares and submits a report to the Regional Administrator, or State Director (if located in an authorized State), by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year: (i) The name, address, and EPA identification number of the facility conducting the treatability studies; (ii) The types (by process) of treatability studies conducted; (iii) The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers); (iv) The total quantity of waste in storage each day; (v) The quantity and types of waste subjected to treatability studies; (vi) When each treatability study was conducted; (vii) The final disposition of residues and unused sample from each treatability study. (10) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under § 261.3 and, if so, are subject to parts 261 through 268, and part 270 of this chapter, unless the residues and unused samples are returned to the sample originator under the § 261.4(e) exemption. 39 (3) The Administrator will use the following criteria to add wastes to that list: (i)(A) The materials are ordinarily disposed of, burned, or incinerated; or (B) The materials contain toxic constituents listed in appendix VIII of part 261 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and (ii) The material may pose a substantial hazard to human health and the environment when recycled. (e) Materials that are not solid waste when recycled. (1) Materials are not solid wastes when they can be shown to be recycled by being: (i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or (ii) Used or reused as effective substitutes for commercial products; or (iii) Returned to the original process from which they are generated, without first being reclaimed. The material must be returned as a substitute for raw material feedstock, and the process must use raw materials as principal feedstocks. (2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in paragraphs (e)(1) (i) through (iii) of this section): (i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or (ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or (iii) Materials accumulated speculatively; or (iv) Materials listed in paragraph (d)(1) of this section. (f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing subtitle C of RCRA who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so. [50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 27, 1991] § 261.3 Definition of hazardous waste. (a) A solid waste, as defined in § 261.2, is a hazardous waste if: (1) It is not excluded from regulation as a hazardous waste under § 261.4(b); and (2) It meets any of the following criteria: (i) It exhibits any of the characteristics of hazardous waste identified in subpart C except that any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under § 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C of this part only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table I to § 261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture. (ii) It is listed in subpart D of this part and has not been excluded from the lists in subpart D of this part |