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chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

(3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Administrator under §§ 260.20 and 260.21. (4) It is an oxidizer as defined in 49 CFR 173.151.

(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990)

§ 261.22 Characteristic of corrosivity.

(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

(1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either an EPA test method or an equivalent test method approved by the Administrator under the procedures set forth in §§ 260.20 and 260.21. The EPA test method for pH is specified as Method 5.2 in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods" (incorporated by reference, see § 260.11).

(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in "Test Methods for the Evaluation of Solid Waste, Physical/ Chemical Methods" (incorporated by reference, see § 260.11) or an equivalent test method approved by the Administrator under the procedures set forth in §§ 260.20 and 260.21.

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

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990)

§ 261.23 Characteristic of reactivity.

(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

(1) It is normally unstable and readily undergoes violent change without detonating.

(2) It reacts violently with water. (3) It forms potentially explosive mixtures with water.

(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.

(7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.

(8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49 CFR 173.88.

(b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.

[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990]

§ 261.24 Toxicity characteristic.

(a) A solid waste exhibits the characteristic of toxicity if, using the test methods described in appendix II or equivalent methods approved by the Administrator under the procedures set forth in §§ 260.20 and 260.21, the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in appendix II, is con

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1,4-Dichlorobenzene.

106-46-7

7.5

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Appendix VII identifies the constituent which caused the Administrator to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in §§ 261.31 and 261.32.

(c) Each hazardous waste listed in this subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with the notification requirements of Section 3010 of the Act and certain recordkeeping and reporting requirements under parts 262 through 265, 268, and part 270 of this chapter.

(d) The following hazardous wastes listed in § 261.31 or § 261.32 are subject to the exclusion limits for acutely hazardous wastes established in § 261.5: EPA Hazardous Wastes Nos. FO20, FO21, FO22, FO23, FO26, and FO27.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29, 1990]

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(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under §§ 260.20 and 260.22 and listed in appendix IX.

Industry and EPA hazardous waste No.

Generic:
F001

F002..

F003.

F004..

F005.

F006.....

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The following spent halogenated solvents used in degreasing: Tetrachloroethylene, (T)
trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride,
and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreas-
ing containing, before use, a total of ten percent or more (by volume) of one or
more of the above halogenated solvents or those solvents listed in F002, F004,
and F005; and still bottoms from the recovery of these spent solvents and spent
solvent mixtures.
The following spent halogenated solvents: Tetrachloroethylene, methylene chloride,
trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluor-
oethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethane;
all spent solvent mixtures/blends containing, before use, a total of ten percent or
more (by volume) of one or more of the above halogenated solvents or those
listed in F001, F004, or F005; and still bottoms from the recovery of these spent
solvents and spent solvent mixtures.

The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl
benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and
methanol; all spent solvent mixtures/blends containing, before use, only the above
spent non-halogenated solvents; and all spent solvent mixtures/blends containing,
before use, one or more of the above non-halogenated solvents, and, a total of
ten percent or more (by volume) of one or more of those solvents listed in F001,
F002, F004, and F005; and still bottoms from the recovery of these spent solvents
and spent solvent mixtures.

E

The following spent non-halogenated solvents: Cresols and cresylic acid, and (T)
nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of
ten percent or more (by volume) of one or more of the above non-halogenated
solvents or those solvents listed in F001, F002, and F005; and still bottoms from
the recovery of these spent solvents and spent solvent mixtures.
The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon (I,T)
disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all
spent solvent mixtures/blends containing, before use, a total of ten percent or
more (by volume) of one or more of the above non-halogenated solvents or those
solvents listed in F001, F002, or F004; and still bottoms from the recovery of
these spent solvents and spent solvent mixtures.
Wastewater treatment sludges from electroplating operations except from the (T)
following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on
carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or
zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin,
zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of
aluminum.

F007.
F008.

Spent cyanide plating bath solutions from electroplating operations.....

(R, T)

Plating bath residues from the bottom of plating baths from electroplating operations
where cyanides are used in the process.

(R, T)

F009.

Spent stripping and cleaning bath solutions from electroplating operations where
cyanides are used in the process.

(R, T)

F010......

Quenching bath residues from oil baths from metal heat treating operations where (R, T) cyanides are used in the process.

F011.

F012...

F019.

F020.

F021

Spent cyanide solutions from salt bath pot cleaning from metal heat treating (R, T) operations.

Quenching waste water treatment sludges from metal heat treating operations where (T)
cyanides are used in the process.

Wastewater treatment sludges from the chemical conversion coating of aluminum (T)
except from zirconium phosphating in aluminum can washing when such phosphat-
ing is an exclusive conversion coating process.

Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H)
from the production or manufacturing use (as a reactant, chemical intermediate, or
component in a formulating process) of tri- or tetrachlorophenol, or of interme-
diates used to produce their pesticide derivatives. (This listing does not include
wastes from the production of Hexachlorophene from highly purified 2,4,5-
trichlorophenol.).

Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H)
from the production or manufacturing use (as a reactant, chemical intermediate, or
component in a formulating process) of pentachlorophenol, or of intermediates
used to produce its derivatives.

Industry and EPA hazardous waste No.

F022.

F023.

F024.

F025.

F026.

F027.

FO28..

F032 1

F034 1

F0351

F037...

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Wastes (except wastewater and spent carbon from hydrogen chloride purification) | (H)
from the manufacturing use (as a reactant, chemical intermediate, or component in
a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline
conditions.
Wastes (except wastewater and spent carbon from hydrogen chloride purification) (H)
from the production of materials on equipment previously used for the production
or manufacturing use (as a reactant, chemical intermediate, or component in a
formulating process) of tri- and tetrachlorophenols. (This listing does not include
wastes from equipment used only for the production or use of Hexachlorophene
from highly purified 2,4,5-trichlorophenol.).

Process wastes, including but not limited to, distillation residues, heavy ends, tars, (T)
and reactor clean-out wastes, from the production of certain chlorinated aliphatic
hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic
hydrocarbons are those having carbon chain lengths ranging from one to and
including five, with varying amounts and positions of chlorine substitution. (This
listing does not include wastewaters, wastewater treatment sludges, spent cata-
lysts, and wastes listed in § 261 31 or § 261.32 ).
Condensed light ends, spent filters and filter aids, and spent desiccant wastes from (T)
the production of certain chlorinated aliphatic hydrocarbons, by free radical
catalyzed processes. These chlorinated aliphatic hydrocarbons are those having
carbon chain lengths ranging from one to and including five, with varying amounts
and positions of chlorine substitution.

Wastes (except wastewater and spent carbon from hydrogen chloride purification) | (H)
from the production of materials on equipment previously used for the manufactur-
ing use (as a reactant, chemical intermediate, or component in a formulating
process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions.
Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or dis- (H)
carded unused formulations containing compounds derived from these chlorophen-
ols. (This listing does not include formulations containing Hexachlorophene sythe-
sized from prepurified 2,4,5-trichlorophenol as the sole component.).
Residues resulting from the incineration or thermal treatment of soil contaminated (T)
with EPA Hazardous Waste Nos F020, F021, F022, F023, F026, and F027.
Wastewaters, process residuals, preservative drippage, and spent formulations from (T)
wood preserving processes generated at plants that currently use or have
previously used chlorophenolic formulations (except potentially cross-contaminated
wastes that have had the F032 waste code deleted in accordance with § 261.35
of this chapter and where the generator does not resume or initiate use of
chlorophenolic formulations). This listing does not include K001 bottom sediment
sludge from the treatment of wastewater from wood preserving processes that use
creosote and/or pentachlorophenol. (NOTE: The listing of wastewaters that have
not come into contact with process contaminants is stayed administratively. The
listing for plants that have previously used chlorophenolic formulations is adminis-
tratively stayed whenever these wastes are covered by the F034 or F035 listings.
These stays will remain in effect until further administrative action is taken.).
Wastewaters, process residuals, preservative drippage, and spent formulations from (T)
wood preserving process generated at plants that use creosote formulations. This
listing does not include K001 bottom sediment sludge from the treatment of
wastewater from wood preserving processes that use creosote and/or pentachlor-
ophenol. (NOTE: The listing of wastewaters that have not come into contact with
process contaminants is stayed administratively. The stay will remain in effect until
further administrative action is taken.).

Wastewaters, process residuals, preservative drippage, and spent formulations from (T)
wood preserving process generated at plants that use inorganic preservatives
containing arsenic or chromium. This listing does not include K001 bottom
sediment sludge from the treatment of wastewater from wood preserving process-
es that use creosote and/or pentachlorophenol (NOTE: The listing of wastewaters
that have not come into contact with process contaminants is stayed administra-
tively. The stay will remain in effect until further administrative action is taken.).
Petroleum refinery primary oil/water/solids separation sludge-Any sludge generated (T)
from the gravitational separation of oil/water/solids during the storage or treat-
ment of process wastewaters and oily cooling wastewaters from petroleum
refineries. Such sludges include, but are not limited to, those generated in: oil/
water/solids separators; tanks and impoundments, ditches and other conveyances;
sumps; and stormwater units receiving dry weather flow. Sludge generated in
stormwater units that do not receive dry weather flow, sludges generated from
non-contact once-through cooling waters segregated for treatment from other
process or oily cooling waters, sludges generated in aggressive biological treat-
ment units as defined in § 261.31(b)(2) (including sludges generated in one or
more additional units after wastewaters have been treated in aggressive biological
treatment units) and K051 wastes are not included in this listing.

Industry and EPA hazardous waste No.

Hazardous waste

Hazard code

F038.

F039.

Petroleum refinery secondary (emulsified) oil/water/solids separation sludge-Any (T)
sludge and/or float generated from the physical and/or chemical separation of oil/
water/solids in process wastewaters and oily cooling wastewaters from petroleum
refineries. Such wastes include, but are not limited to, all sludges and floats
generated in: induced air flotation (IAF) units, tanks and impoundments, and all
sludges generated in DAF units. Sludges generated in stormwater units that do not
receive dry weather flow, sludges generated from non-contact once-through
cooling waters segregated for treatment from other process or oily cooling waters,
sludges and floats generated in aggressive biological treatment units as defined in
§ 261.31(b)(2) (including sludges and floats generated in one or more additional
units after wastewaters have been treated in aggressive biological treatment units)
and F037, K048, and K051 wastes are not included in this listing.

Leachate (liquids that have percolated through land disposed wastes) resulting from (T)
the disposal of more than one restricted waste classified as hazardous under
subpart D of this part. (Leachate resulting from the disposal of one or more of the
following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA
Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028.).

1 The F032, F034, and F305 listings are administratively stayed with respect to the process area receiving drippage of these wastes provided persons desiring to continue operating notify EPA by August 6, 1991 of their intent to upgrade or install drip pads, and by November 6, 1991 provide evidence to EPA that they have adequate financing to pay for drip pad upgrades or installation, as provided in the administrative stay. The stay of the listings will remain in effect until February 6, 1992 for existing drip pads and until May 6, 1992 for new drip pads.

*(I,T) should be used to specify mixtures containing ignitable and toxic constituents.

(b) Listing Specific Definitions: (1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.

(2) (i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or highrate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employs a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.

(ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.

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

(ii) For the purposes of the F038 listing,

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

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

[46 FR 4617, Jan. 16, 1981]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 261.31, see the List of CFR Sections Affected in the Finding Aids section of this volume.

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