40 Cfr 261.4

Environmental Protection Agency § 261.4

the debris as defined in part 268 of this ed in subpart D of this part solely be- chapter does not exhibit a char- cause it exhibits one or more of the acteristic identified at subpart C of characteristics of ignitability, this part, the following materials are corrosivity, or reactivity as regulated not subject to regulation under 40 CFR under paragraph (a)(2)(iv) of this sec- parts 260, 261 to 266, 268, or 270: tion is not a hazardous waste, if the (1) Hazardous debris as defined in mixture no longer exhibits any char- part 268 of this chapter that has been acteristic of hazardous waste identified treated using one of the required ex- in subpart C of this part for which the traction or destruction technologies hazardous waste listed in subpart D of specified in Table 1 of § 268.45 of this this part was listed. chapter; persons claiming this exclu- (h)(1) Hazardous waste containing ra- sion in an enforcement action will have dioactive waste is no longer a haz- the burden of proving by clear and con- ardous waste when it meets the eligi- vincing evidence that the material bility criteria and conditions of 40 CFR meets all of the exclusion require- part 266, Subpart N (‘‘eligible radio- ments; or active mixed waste’’). (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 contains to: tamination, has determined is no (i) Any mixture of a solid waste and longer contaminated with hazardous an eligible radioactive mixed waste; 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 (3) Waste exempted under this sec- reactivity as defined under § 261.23 is tion must meet the eligibility criteria not a hazardous waste, if the waste no and specified conditions in 40 CFR longer exhibits any characteristic of 266.225 and 40 CFR 266.230 (for storage hazardous waste identified in subpart C and treatment) and in 40 CFR 266.310 of this part. 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, (ii) Any solid waste generated from 2005; 70 FR 57784, Oct. 4, 2005; 71 FR 40258, July 14, 2006] treating, storing, or disposing of a hazardous 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- (4) Any mixture of a solid waste ex- mestic sewage’’ means untreated sani- cluded from regulation under tary wastes that pass through a sewer § 261.4(b)(7) and a hazardous waste list- system.

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(2) Industrial wastewater discharges (ii) Wastewaters from the wood pre- that are point source discharges sub- serving process that have been re- ject to regulation under section 402 of claimed and are reused to treat wood. the Clean Water Act, as amended. (iii) Prior to reuse, the wood preserving wastewaters and spent wood [Comment: This exclusion applies only to the preserving solutions described in para- actual point source discharge. It does not ex- graphs (a)(9)(i) and (a)(9)(ii) of this sec- clude industrial wastewaters while they are being collected, stored or treated before dis- tion, so long as they meet all of the fol- charge, nor does it exclude sludges that are lowing conditions: generated by industrial wastewater treat- (A) The wood preserving wastewaters ment.] and spent wood preserving solutions are reused on-site at water borne (3) Irrigation return flows. plants in the production process for (4) Source, special nuclear or by- their original intended purpose; product material as defined by the (B) Prior to reuse, the wastewaters Atomic Energy Act of 1954, as amend- and spent wood preserving solutions ed, 42 U.S.C. 2011 et seq. are managed to prevent release to ei- (5) Materials subjected to in-situ ther land or groundwater or both; mining techniques which are not re- (C) Any unit used to manage moved from the ground as part of the wastewaters and/or spent wood pre- extraction process. serving solutions prior to reuse can be (6) Pulping liquors (i.e., black liquor) visually or otherwise determined to that are reclaimed in a pulping liquor prevent such releases; recovery furnace and then reused in (D) Any drip pad used to manage the the pulping process, unless it is accu- wastewaters and/or spent wood pre- mulated speculatively as defined in serving solutions prior to reuse com- § 261.1(c) of this chapter. plies with the standards in part 265, (7) Spent sulfuric acid used to subpart W of this chapter, regardless of produce virgin sulfuric acid provided it whether the plant generates a total of is not accumulated speculatively as de- less than 100 kg/month of hazardous fined in § 261.1(c) of this chapter. waste; and (8) Secondary materials that are re- (E) Prior to operating pursuant to claimed and returned to the original this exclusion, the plant owner or oper- process or processes in which they were ator prepares a one-time notification generated where they are reused in the stating that the plant intends to claim production process provided: the exclusion, giving the date on which the plant intends to begin operating (i) Only tank storage is involved, and under the exclusion, and containing the entire process through completion the following language: ‘‘I have read of reclamation is closed by being en- the applicable regulation establishing tirely connected with pipes or other an exclusion for wood preserving comparable enclosed means of convey- wastewaters and spent wood preserving ance; solutions and understand it requires (ii) Reclamation does not involve me to comply at all times with the controlled flame combustion (such as conditions set out in the regulation.’’ occurs in boilers, industrial furnaces, The plant must maintain a copy of or incinerators); that document in its on-site records (iii) The secondary materials are until closure of the facility. The exclu- never accumulated in such tanks for sion applies so long as the plant meets over twelve months without being re- all of the conditions. If the plant goes claimed; and out of compliance with any condition, (iv) The reclaimed material is not it may apply to the appropriate Re- used to produce a fuel, or used to gional Administrator or state Director produce products that are used in a for reinstatement. The Regional Ad- manner constituting disposal. ministrator or state Director may rein- (9)(i) Spent wood preserving solutions state the exclusion upon finding that that have been reclaimed and are re- the plant has returned to compliance used for their original intended pur- with all conditions and that the viola- pose; and tions are not likely to recur.

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(10) EPA Hazardous Waste Nos. K060, designated as F037 listed wastes when K087, K141, K142, K143, K144, K145, K147, disposed of or intended for disposal. and K148, and any wastes from the coke (ii) Recovered oil that is recycled in by-products processes that are haz- the same manner and with the same ardous only because they exhibit the conditions as described in paragraph Toxicity Characteristic (TC) specified (a)(12)(i) of this section. Recovered oil in section 261.24 of this part when, sub- is oil that has been reclaimed from sec- sequent to generation, these materials ondary materials (including waste- are recycled to coke ovens, to the tar water) generated from normal petro- recovery process as a feedstock to leum industry practices, including re- produce coal tar, or mixed with coal fining, exploration and production, tar prior to the tar’s sale or refining. bulk storage, and transportation inci- This exclusion is conditioned on there dent thereto (SIC codes 1311, 1321, 1381, being no land disposal of the wastes 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, from the point they are generated to 5171, and 5172.) Recovered oil does not the point they are recycled to coke include oil-bearing hazardous wastes ovens or tar recovery or refining proc- listed in subpart D of this part; how- esses, or mixed with coal tar. ever, oil recovered from such wastes may be considered recovered oil. Re- (11) Nonwastewater splash condenser covered oil does not include used oil as dross residue from the treatment of defined in 40 CFR 279.1. K061 in high temperature metals recov- (13) Excluded scrap metal (processed ery units, provided it is shipped in scrap metal, unprocessed home scrap drums (if shipped) and not land dis- metal, and unprocessed prompt scrap posed before recovery. metal) being recycled. (12)(i) Oil-bearing hazardous sec- (14) Shredded circuit boards being re- ondary materials (i.e., sludges, byprod- cycled provided that they are: ucts, or spent materials) that are gen- (i) Stored in containers sufficient to erated at a petroleum refinery (SIC prevent a release to the environment code 2911) and are inserted into the pe- prior to recovery; and troleum refining process (SIC code (ii) Free of mercury switches, mer- 2911—including, but not limited to, dis- cury relays and nickel-cadmium bat- tillation, catalytic cracking, fraction- teries and lithium batteries. ation, or thermal cracking units (i.e., (15) Condensates derived from the cokers)) unless the material is placed overhead gases from kraft mill steam on the land, or speculatively accumu- strippers that are used to comply with lated before being so recycled. Mate- 40 CFR 63.446(e). The exemption applies rials inserted into thermal cracking only to combustion at the mill gener- units are excluded under this para- ating the condensates. graph, provided that the coke product (16) [Reserved] also does not exhibit a characteristic of (17) Spent materials (as defined in hazardous waste. Oil-bearing hazardous § 261.1) (other than hazardous wastes secondary materials may be inserted listed in subpart D of this part) gen- into the same petroleum refinery erated within the primary mineral where they are generated, or sent di- processing industry from which min- rectly to another petroleum refinery erals, acids, cyanide, water, or other and still be excluded under this provi- values are recovered by mineral proc- sion. Except as provided in paragraph essing or by beneficiation, provided (a)(12)(ii) of this section, oil-bearing that: hazardous secondary materials gen- (i) The spent material is legitimately erated elsewhere in the petroleum in- recycled to recover minerals, acids, cy- dustry (i.e., from sources other than pe- anide, water or other values; troleum refineries) are not excluded (ii) The spent material is not accu- under this section. Residuals generated mulated speculatively; from processing or recycling materials (iii) Except as provided in paragraph excluded under this paragraph (a)(17)(iv) of this section, the spent ma- (a)(12)(i), where such materials as gen- terial is stored in tanks, containers, or erated would have otherwise met a list- buildings meeting the following mining under subpart D of this part, are imum integrity standards: a building

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must be an engineered structure with a human and environmental receptors floor, walls, and a roof all of which are via each exposure pathway. made of non-earthen materials pro- (B) Pads must meet the following viding structural support (except minimum standards: Be designed of smelter buildings may have partially non-earthen material that is compat- earthen floors provided the secondary ible with the chemical nature of the material is stored on the non-earthen mineral processing spent material, ca- portion), and have a roof suitable for pable of withstanding physical stresses diverting rainwater away from the associated with placement and re- foundation; a tank must be free stand- moval, have run on/runoff controls, be ing, not be a surface impoundment (as operated in a manner which controls defined in 40 CFR 260.10), and be manu- fugitive dust, and have integrity assur- factured of a material suitable for con- ance through inspections and mainte- tainment of its contents; a container nance programs. 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, or broadcasting notice over local radio and buildings must be designed, con- stations. structed and operated to prevent sig- (v) The owner or operator provides nificant releases to the environment of notice to the Regional Administrator these materials. or State Director providing the fol- (iv) The Regional Administrator or lowing information: The types of mate- State Director may make a site-spe- rials to be recycled; the type and loca- cific determination, after public review tion of the storage units and recycling and comment, that only solid mineral processes; and the annual quantities processing spent material may be expected to be placed in land-based placed on pads rather than tanks con- units. This notification must be up- tainers, or buildings. Solid mineral dated when there is a change in the processing spent materials do not con- type of materials recycled or the loca- tain any free liquid. The decision- tion of the recycling process. maker must affirm that pads are de- (vi) For purposes of paragraph (b)(7) signed, constructed and operated to of this section, mineral processing prevent significant releases of the sec- spent materials must be the result of ondary material into the environment. mineral processing and may not in- Pads must provide the same degree of clude any listed hazardous wastes. containment afforded by the non-RCRA Listed hazardous wastes and char- tanks, containers and buildings eligible acteristic hazardous wastes generated for exclusion. by non-mineral processing industries (A) The decision-maker must also are not eligible for the conditional ex- consider if storage on pads poses the clusion from the definition of solid potential for significant releases via waste. groundwater, surface water, and air ex- (18) Petrochemical recovered oil from posure pathways. Factors to be consid- an associated organic chemical manu- ered for assessing the groundwater, facturing facility, where the oil is to be surface water, air exposure pathways inserted into the petroleum refining are: The volume and physical and process (SIC code 2911) along with nor- chemical properties of the secondary mal petroleum refinery process material, including its potential for streams, provided: migration off the pad; the potential for (i) The oil is hazardous only because human or environmental exposure to it exhibits the characteristic of ignit- hazardous constituents migrating from ability (as defined in § 261.21) and/or the pad via each exposure pathway, and toxicity for benzene (§ 261.24, waste the possibility and extent of harm to code D018); and

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(ii) The oil generated by the organic a way that prevents releases of the sec- chemical manufacturing facility is not ondary materials into the environ- placed on the land, or speculatively ac- ment. At a minimum, any building cumulated before being recycled into used for this purpose must be an engi- the petroleum refining process. An neered structure made of non-earthen ‘‘associated organic chemical manufac- materials that provide structural sup- turing facility’’ is a facility where the port, and must have a floor, walls and primary SIC code is 2869, but where op- a roof that prevent wind dispersal and erations may also include SIC codes contact with rainwater. Tanks used for 2821, 2822, and 2865; and is physically this purpose must be structurally co-located with a petroleum refinery; sound and, if outdoors, must have roofs and where the petroleum refinery to or covers that prevent contact with which the oil being recycled is returned wind and rain. Containers used for this also provides hydrocarbon feedstocks purpose must be kept closed except 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 section. 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 (1) Have containment structures or chemical manufacturing operations, as systems sufficiently impervious to con- well as oil recovered from organic tain leaks, spills and accumulated pre- chemical manufacturing processes. cipitation; and (19) Spent caustic solutions from pe- (2) Provide for effective drainage and troleum refining liquid treating proc- removal of leaks, spills and accumu- esses used as a feedstock to produce lated precipitation; and cresylic or naphthenic acid unless the (3) Prevent run-on into the contain- material is placed on the land, or accu- ment system. mulated speculatively as defined in (C) With each off-site shipment of ex- § 261.1(c). cluded hazardous secondary materials, (20) Hazardous secondary materials provide written notice to the receiving used to make zinc fertilizers, provided facility that the material is subject to that the following conditions specified the conditions of this paragraph (a)(20). are satisfied: (i) Hazardous secondary materials (D) Maintain at the generator’s or in- used to make zinc micronutrient fer- termediate handlers’s facility for no tilizers must not be accumulated spec- less than three years records of all ulatively, as defined in § 261.1 (c)(8). 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- (2) Name and address of the facility tor in whose jurisdiction the exclusion that received the excluded material, is being claimed, which contains the and documentation confirming receipt name, address and EPA ID number of of the shipment; and the generator or intermediate handler (3) Type and quantity of excluded facility, provides a brief description of secondary material in each shipment. the secondary material that will be (iii) Manufacturers of zinc fertilizers subject to the exclusion, and identifies or zinc fertilizer ingredients made from when the manufacturer intends to excluded hazardous secondary mate- begin managing excluded, zinc-bearing rials must: hazardous secondary materials under (A) Store excluded hazardous sec- the conditions specified in this para- ondary materials in accordance with graph (a)(20). the storage requirements for genera- (B) Store the excluded secondary ma- tors and intermediate handlers, as terial in tanks, containers, or buildings specified in paragraph (a)(20)(ii)(B) of that are constructed and maintained in this section.

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(B) Submit a one-time notification to Maximum Allowable the Regional Administrator or State Total Con- Director that, at a minimum, specifies centration in Constituent Fertilizer, the name, address and EPA ID number per Unit of the manufacturing facility, and (1%) of Zinc identifies when the manufacturer in- (ppm) tends to begin managing excluded, Arsenic ...... 0.3 zinc-bearing hazardous secondary ma- Cadmium ...... 1.4 terials under the conditions specified Chromium ...... 0.6 Lead ...... 2.8 in this paragraph (a)(20). Mercury ...... 0.3 (C) Maintain for a minimum of three years records of all shipments of ex- (B) For dioxin contaminants the fer- cluded hazardous secondary materials tilizer must contain no more than received by the manufacturer, which eight (8) parts per trillion of dioxin, must at a minimum identify for each measured as toxic equivalent (TEQ). shipment the name and address of the (ii) The manufacturer performs sam- generating facility, name of trans- pling and analysis of the fertilizer porter and date the materials were re- product to determine compliance with ceived, the quantity received, and a the contaminant limits for metals no brief description of the industrial proc- less than every six months, and for ess that generated the material. dioxins no less than every twelve (D) Submit to the Regional Adminis- months. Testing must also be performed whenever changes occur to trator or State Director an annual remanufacturing processes or ingredients port that identifies the total quantities that could significantly affect the of all excluded hazardous secondary amounts of contaminants in the fer- materials that were used to manufac- tilizer product. The manufacturer may ture zinc fertilizers or zinc fertilizer in- use any reliable analytical method to gredients in the previous year, the demonstrate that no constituent of name and address of each generating concern is present in the product at facility, and the industrial process(s) concentrations above the applicable from which they were generated. limits. It is the responsibility of the (iv) Nothing in this section preempts, manufacturer to ensure that the sam- overrides or otherwise negates the pro- pling and analysis are unbiased, pre- vision in § 262.11 of this chapter, which cise, and representative of the prod- requires any person who generates a uct(s) introduced into commerce. solid waste to determine if that waste (iii) The manufacturer maintains for is a hazardous waste. no less than three years records of all (v) Interim status and permitted sampling and analyses performed for storage units that have been used to purposes of determining compliance store only zinc-bearing hazardous with the requirements of paragraph wastes prior to the submission of the (a)(21)(ii) of this section. Such records one-time notice described in paragraph must at a minimum include: (a)(20)(ii)(A) of this section, and that (A) The dates and times product sam- afterward will be used only to store ples were taken, and the dates the sam- hazardous secondary materials ex- ples were analyzed; cluded under this paragraph, are not (B) The names and qualifications of the person(s) taking the samples; subject to the closure requirements of (C) A description of the methods and 40 CFR Parts 264 and 265. equipment used to take the samples; (21) Zinc fertilizers made from haz- (D) The name and address of the lab- ardous wastes, or hazardous secondary oratory facility at which analyses of materials that are excluded under the samples were performed; paragraph (a)(20) of this section, pro- (E) A description of the analytical vided that: methods used, including any cleanup (i) The fertilizers meet the following and sample preparation methods; and contaminant limits: (F) All laboratory analytical results (A) For metal contaminants: used to determine compliance with the

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contaminant limits specified in this [insert reclaimer facility name], that paragraph (a)(21). both facilities are under common con- (22) Used cathode ray tubes (CRTs) trol, and that [insert name of either fa- (i) Used, intact CRTs as defined in cility] has acknowledged full responsi- § 260.10 of this chapter are not solid bility for the safe management of the wastes within the United States unless hazardous secondary material.’’ For they are disposed, or unless they are purposes of this paragraph, ‘‘control’’ speculatively accumulated as defined means the power to direct the policies in § 261.1(c)(8) by CRT collectors or of the facility, whether by the owner- glass processors. ship of stock, voting rights, or other- (ii) Used, intact CRTs as defined in wise, except that contractors who oper- § 260.10 of this chapter are not solid ate facilities on behalf of a different wastes when exported for recycling person as defined in § 260.10 shall not be provided that they meet the require- deemed to ‘‘control’’ such facilities. ments of § 261.40. The generating and receiving facilities (iii) Used, broken CRTs as defined in must both maintain at their facilities § 260.10 of this chapter are not solid for no less than three years records of wastes provided that they meet the re- hazardous secondary materials sent or quirements of § 261.39. received under this exclusion. In both (iv) Glass removed from CRTs is not cases, the records must contain the a solid waste provided that it meets name of the transporter, the date of the requirements of § 261.39(c). the shipment, and the type and quan- (23) Hazardous secondary material tity of the hazardous secondary mate- generated and legitimately reclaimed rial shipped or received under the ex- within the United States or its terri- clusion. These requirements may be tories and under the control of the gen- satisfied by routine business records erator, provided that the material com- (e.g., financial records, bills of lading, plies with paragraphs (a)(23)(i) and (ii) copies of DOT shipping papers, or elec- of this section: tronic confirmations); or (i)(A) The hazardous secondary mate- (C) The hazardous secondary material is generated and reclaimed at the rial is generated pursuant to a written generating facility (for purposes of this contract between a tolling contractor definition, generating facility means and a toll manufacturer and is re- all contiguous property owned, leased, claimed by the tolling contractor, if or otherwise controlled by the haz- the tolling contractor certifies the fol- ardous secondary material generator); lowing: ‘‘On behalf of [insert tolling or contractor name], I certify that [insert (B) The hazardous secondary mate- tolling contractor name] has a written rial is generated and reclaimed at dif- contract with [insert toll manufacturer ferent facilities, if the reclaiming facil- name] to manufacture [insert name of ity is controlled by the generator or if product or intermediate] which is made both the generating facility and the re- from specified unused materials, and claiming facility are controlled by a that [insert tolling contractor name] person as defined in § 260.10 of this will reclaim the hazardous secondary chapter, and if the generator provides materials generated during this manu- one of the following certifications: ‘‘on facture. On behalf of [insert tolling behalf of [insert generator facility contractor name], I also certify that name], I certify that this facility will [insert tolling contractor name] re- send the indicated hazardous secondary tains ownership of, and responsibility material to [insert reclaimer facility for, the hazardous secondary materials name], which is controlled by [insert that are generated during the course of generator facility name] and that [in- the manufacture, including any re- sert name of either facility] has ac- leases of hazardous secondary mate- knowledged full responsibility for the rials that occur during the manufac- safe management of the hazardous sec- turing process’’. The tolling contractor ondary material,’’ or ‘‘on behalf of [in- must maintain at its facility for no sert generator facility name], I certify less than three years records of haz- that this facility will send the indi- ardous secondary materials received cated hazardous secondary material to pursuant to its written contract with

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the tolling manufacturer, and the toll- years after the recycling operation has ing manufacturer must maintain at its ceased. facility for no less than three years (F) The emergency preparedness and records of hazardous secondary mate- response requirements found in subpart rials shipped pursuant to its written M of this part are met. contract with the tolling contractor. In (24) Hazardous secondary material both cases, the records must contain that is generated and then transferred the name of the transporter, the date to another person for the purpose of of the shipment, and the type and reclamation is not a solid waste, pro- quantity of the hazardous secondary vided that: material shipped or received pursuant (i) The material is not speculatively to the written contract. These require- accumulated, as defined in § 261.1(c)(8); ments may be satisfied by routine busi- (ii) The material is not handled by ness records (e.g., financial records, any person or facility other than the bills of lading, copies of DOT shipping hazardous secondary material gener- papers, or electronic confirmations). ator, the transporter, an intermediate For purposes of this paragraph, tolling facility or a reclaimer, and, while in contractor means a person who ar- transport, is not stored for more than ranges for the production of a product 10 days at a transfer facility, as defined or intermediate made from specified in § 260.10 of this chapter, and is pack- unused materials through a written aged according to applicable Depart- contract with a toll manufacturer. Toll ment of Transportation regulations at manufacturer means a person who pro- 49 CFR parts 173, 178, and 179 while in duces a product or intermediate made transport; from specified unused materials pursu- (iii) The material is not otherwise ant to a written contract with a tolling subject to material-specific manage- contractor. ment conditions under paragraph (a) of (ii)(A) The hazardous secondary ma- this section when reclaimed, and it is terial is contained as defined in § 260.10 not a spent lead-acid battery (see of this chapter. A hazardous secondary §§ 266.80 and 273.2 of this chapter); material released to the environment (iv) The reclamation of the material is discarded and a solid waste unless it is legitimate, as specified under § 260.43 is immediately recovered for the pur- of this chapter; pose of reclamation. Hazardous sec- (v) The hazardous secondary material ondary material managed in a unit generator satisfies all of the following with leaks or other continuing or conditions: intermittent unpermitted releases is (A) The material must be contained discarded and a solid waste. as defined in § 260.10. A hazardous sec- (B) The hazardous secondary mate- ondary material released to the envi- rial is not speculatively accumulated, ronment is discarded and a solid waste as defined in § 261.1(c)(8). unless it is immediately recovered for (C) Notice is provided as required by the purpose of recycling. Hazardous § 260.42 of this chapter. secondary material managed in a unit (D) The material is not otherwise with leaks or other continuing releases subject to material-specific manage- is discarded and a solid waste. ment conditions under paragraph (a) of (B) Prior to arranging for transport this section when reclaimed, and it is of hazardous secondary materials to a not a spent lead-acid battery (see reclamation facility (or facilities) §§ 266.80 and 273.2 of this chapter). where the management of the haz- (E) Persons performing the recycling ardous secondary materials is not ad- of hazardous secondary materials dressed under a RCRA part B permit or under this exclusion must maintain interim status standards, the haz- documentation of their legitimacy de- ardous secondary material generator termination on-site. Documentation must make reasonable efforts to ensure must be a written description of how that each reclaimer intends to properly the recycling meets all three factors in and legitimately reclaim the hazardous § 260.43(a) and how the factor in secondary material and not discard it, § 260.43(b) was considered. Documenta- and that each reclaimer will manage tion must be maintained for three the hazardous secondary material in a

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manner that is protective of human chapter and have they notified the ap- health and the environment. If the haz- propriate authorities that the financial ardous secondary material will be pass- assurance condition is satisfied per ing through an intermediate facility paragraph (a)(24)(vi)(F) of this section? where the management of the haz- In answering these questions, the hazardous secondary materials is not ad- ardous secondary material generator dressed under a RCRA part B permit or can rely on the available information interim status standards, the haz- documenting the reclamation facility’s ardous secondary material generator and any intermediate facility’s compli- must make contractual arrangements ance with the notification require- with the intermediate facility to en- ments per § 260.42 of this chapter, in- sure that the hazardous secondary ma- cluding the requirement in § 260.42(a)(5) terial is sent to the reclamation facil- to notify EPA whether the reclaimer or ity identified by the hazardous sec- intermediate facility has financial as- ondary material generator, and the surance. hazardous secondary material gener- (3) Does publicly available informa- ator must perform reasonable efforts to tion indicate that the reclamation fa- ensure that the intermediate facility cility or any intermediate facility that will manage the hazardous secondary is used by the hazardous secondary ma- material in a manner that is protective terial generator has not had any for- of human health and the environment. mal enforcement actions taken against Reasonable efforts must be repeated at the facility in the previous three years a minimum of every three years for the for violations of the RCRA hazardous hazardous secondary material gener- waste regulations and has not been ator to claim the exclusion and to send classified as a significant non-complier the hazardous secondary materials to with RCRA Subtitle C? In answering each reclaimer and any intermediate this question, the hazardous secondary facility. In making these reasonable ef- material generator can rely on the pub- forts, the generator may use any cred- licly available information from EPA ible evidence available, including infor- or the state. If the reclamation facility mation gathered by the hazardous sec- or any intermediate facility that is ondary material generator, provided by used by the hazardous secondary mate- the reclaimer or intermediate facility, rial generator has had a formal en- and/or provided by a third party. The forcement action taken against the fa- hazardous secondary material gener- cility in the previous three years for ator must affirmatively answer all of violations of the RCRA hazardous the following questions for each rec- waste regulations and has been classi- lamation facility and any intermediate fied as a significant non-complier with facility: RCRA Subtitle C, does the hazardous (1) Does the available information in- secondary material generator have dicate that the reclamation process is credible evidence that the facilities legitimate pursuant to § 260.43 of this will manage the hazardous secondary chapter? In answering this question, materials properly? In answering this the hazardous secondary material gen- question, the hazardous secondary ma- erator can rely on their existing terial generator can obtain additional knowledge of the physical and chem- information from EPA, the state, or ical properties of the hazardous sec- the facility itself that the facility has ondary material, as well as informa- addressed the violations, taken reme- tion from other sources (e.g., the rec- dial steps to address the violations and lamation facility, audit reports, etc.) prevent future violations, or that the about the reclamation process. violations are not relevant to the prop- (2) Does the publicly available infor- er management of the hazardous sec- mation indicate that the reclamation ondary materials. facility and any intermediate facility (4) Does the available information in- that is used by the hazardous sec- dicate that the reclamation facility ondary material generator notified the and any intermediate facility that is appropriate authorities of hazardous used by the hazardous secondary mate- secondary materials reclamation ac- rial generator have the equipment and tivities pursuant to § 260.42 of this trained personnel to safely recycle the

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hazardous secondary material? In an- that the hazardous secondary mate- swering this question, the generator rials would be recycled legitimately, may rely on a description by the rec- and otherwise managed in a manner lamation facility or by an independent that is protective of human health and third party of the equipment and the environment, and that such efforts trained personnel to be used to recycle were based on current and accurate in- the generator’s hazardous secondary formation.’’ material. (D) The hazardous secondary mate- (5) If residuals are generated from the rial generator must maintain at the reclamation of the excluded hazardous generating facility for no less than secondary materials, does the reclama- three (3) years records of all off-site tion facility have the permits required shipments of hazardous secondary ma- (if any) to manage the residuals? If not, terials. For each shipment, these does the reclamation facility have a records must, at a minimum, contain contract with an appropriately per- the following information: mitted facility to dispose of the residu- (1) Name of the transporter and date als? If not, does the hazardous sec- of the shipment; ondary material generator have cred- (2) Name and address of each re- ible evidence that the residuals will be claimer and, if applicable, the name managed in a manner that is protective and address of each intermediate facil- of human health and the environment? ity to which the hazardous secondary In answering these questions, the haz- material was sent; ardous secondary material generator (3) The type and quantity of haz- can rely on publicly available informa- ardous secondary material in the ship- tion from EPA or the state, or informa- ment. tion provided by the facility itself. (E) The hazardous secondary mate- (C) The hazardous secondary material generator must maintain at the rial generator must maintain for a generating facility for no less than 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); (1) Include the printed name and offi- (F) The hazardous secondary mate- cial title of an authorized representa- rial generator must comply with the tive of the hazardous secondary mate- emergency preparedness and response rial generator company, the authorized conditions in subpart M of this part. representative’s signature, and the (vi) Reclaimers of hazardous sec- date signed; ondary material excluded from regula- (2) Incorporate the following lan- tion under this exclusion and inter- guage: ‘‘I hereby certify in good faith mediate facilities as defined in § 260.10 and to the best of my knowledge that, of this chapter satisfy all of the fol- prior to arranging for transport of ex- lowing conditions: cluded hazardous secondary materials (A) The reclaimer and intermediate to [insert name(s) of reclamation facil- facility must maintain at its facility ity and any intermediate facility], rea- for no less than three (3) years records sonable efforts were made in accord- of all shipments of hazardous sec- ance with § 261.4(a)(24)(v)(B) to ensure ondary material that were received at

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the facility and, if applicable, for all and has similar physical and chemical shipments of hazardous secondary ma- properties as the hazardous secondary terials that were received and subse- material. quently sent off-site from the facility (E) Any residuals that are generated for further reclamation. For each ship- from reclamation processes will be ment, these records must at a min- managed in a manner that is protective imum contain the following informa- of human health and the environment. tion: If any residuals exhibit a hazardous (1) Name of the transporter and date characteristic according to subpart C of the shipment; of 40 CFR part 261, or if they them- (2) Name and address of the haz- selves are specifically listed in subpart ardous secondary material generator D of 40 CFR part 261, such residuals are and, if applicable, the name and ad- hazardous wastes and must be managed dress of the reclaimer or intermediate in accordance with the applicable re- facility which the hazardous secondary quirements of 40 CFR parts 260 through materials were received from; 272. (3) The type and quantity of hazardous secondary material in the ship- (F) The reclaimer and intermediate ment; and facility have financial assurance as re- (4) For hazardous secondary mate- quired under subpart H of 40 CFR part rials that, after being received by the 261, reclaimer or intermediate facility, (vii) In addition, all persons claiming were subsequently transferred off-site the exclusion under this paragraph for further reclamation, the name and (a)(24) of this section must provide no- address of the (subsequent) reclaimer tification as required under § 260.42 of and, if applicable, the name and ad- this chapter. dress of each intermediate facility to (25) Hazardous secondary material which the hazardous secondary mate- that is exported from the United States rial was sent. and reclaimed at a reclamation facility (B) The intermediate facility must located in a foreign country is not a send the hazardous secondary material solid waste, provided that the haz- to the reclaimer(s) designated by the ardous secondary material generator hazardous secondary materials gener- complies with the applicable require- ator. ments of paragraph (a)(24)(i)–(v) of this (C) The reclaimer and intermediate section (excepting paragraph facility must send to the hazardous (a)(24)(v)(B)(2) of this section for for- secondary material generator con- eign reclaimers and foreign inter- firmations of receipt for all off-site mediate facilities), and that the haz- shipments of hazardous secondary ma- ardous secondary material generator terials. Confirmations of receipt must also complies with the following re- include the name and address of the requirements: claimer (or intermediate facility), the type and quantity of the hazardous sec- (i) Notify EPA of an intended export ondary materials received and the date before the hazardous secondary mate- which the hazardous secondary material is scheduled to leave the United rials were received. This requirement States. A complete notification must may be satisfied by routine business be submitted at least sixty (60) days be- records (e.g., financial records, bills of fore the initial shipment is intended to lading, copies of DOT shipping papers, be shipped off-site. This notification or electronic confirmations of receipt). may cover export activities extending (D) The reclaimer and intermediate over a twelve (12) month or lesser pe- facility must manage the hazardous riod. The notification must be in writ- secondary material in a manner that is ing, signed by the hazardous secondary at least as protective as that employed material generator, and include the for analogous raw material and must following information: be contained. An ‘‘analogous raw mate- (A) Name, mailing address, telephone rial’’ is a raw material for which a haz- number and EPA ID number (if applica- ardous secondary material is a sub- ble) of the hazardous secondary mate- stitute and serves the same function rial generator;

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(B) A description of the hazardous (a)(25)(i)(D) of this section, when the secondary material and the EPA haz- conditions specified on the original no- ardous waste number that would apply tification change (including any ex- if the hazardous secondary material ceedance of the estimate of the quan- was managed as hazardous waste and tity of hazardous secondary material the U.S. DOT proper shipping name, specified in the original notification), hazard class and ID number (UN/NA) the hazardous secondary material gen- for each hazardous secondary material erator must provide EPA with a writ- as identified in 49 CFR parts 171 ten renotification of the change. The through 177; shipment cannot take place until con- (C) The estimated frequency or rate sent of the country of import to the at which the hazardous secondary ma- changes (except for changes to para- terial is to be exported and the period graph (a)(25)(i)(I) of this section and in of time over which the hazardous sec- the ports of entry to and departure ondary material is to be exported; from countries of transit pursuant to (D) The estimated total quantity of paragraphs (a)(25)(i)(E) of this section) hazardous secondary material; has been obtained and the hazardous (E) All points of entry to and depar- secondary material generator receives ture from each foreign country through from EPA an EPA Acknowledgment of which the hazardous secondary mate- Consent reflecting the country of im- rial will pass; port’s consent to the changes. (F) A description of the means by (iv) Upon request by EPA, the haz- which each shipment of the hazardous ardous secondary material generator secondary material will be transported shall furnish to EPA any additional in- (e.g., mode of transportation vehicle formation which a country of import (air, highway, rail, water, etc.), type(s) requests in order to respond to a notifi- of container (drums, boxes, tanks, cation. etc.)); (v) EPA will provide a complete noti- (G) A description of the manner in fication to the country of import and which the hazardous secondary mate- any countries of transit. A notification rial will be reclaimed in the country of is complete when EPA receives a noti- import; fication which EPA determines satis- (H) The name and address of the re- fies the requirements of paragraph claimer, any intermediate facility and (a)(25)(i) of this section. Where a claim any alternate reclaimer and inter- of confidentiality is asserted with re- mediate facilities; and spect to any notification information (I) The name of any countries of required by paragraph (a)(25)(i) of this transit through which the hazardous section, EPA may find the notification secondary material will be sent and a not complete until any such claim is description of the approximate length resolved in accordance with 40 CFR of time it will remain in such countries 260.2. and the nature of its handling while (vi) The export of hazardous sec- there (for purposes of this section, the ondary material under this paragraph terms ‘‘EPA Acknowledgement of Con- (a)(25) is prohibited unless the country sent’’, ‘‘country of import’’ and ‘‘coun- of import consents to the intended ex- try of transit’’ are used as defined in 40 port. When the country of import con- CFR 262.81 with the exception that the sents in writing to the receipt of the terms in this section refer to hazardous hazardous secondary material, EPA secondary materials, rather than haz- will send an EPA Acknowledgment of ardous waste): Consent to the hazardous secondary (ii) Notifications must be submitted material generator. Where the country electronically using EPA’s Waste Im- of import objects to receipt of the haz- port Export Tracking System (WIETS), ardous secondary material or with- or its successor system. draws a prior consent, EPA will notify (iii) Except for changes to the tele- the hazardous secondary material gen- phone number in paragraph (a)(25)(i)(A) erator in writing. EPA will also notify of this section and decreases in the the hazardous secondary material gen- quantity of hazardous secondary mate- erator of any responses from countries rial indicated pursuant to paragraph of transit.

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(vii) For exports to OECD Member ondary material generator may be held countries, the receiving country may liable for the inability to produce a no- respond to the notification using tacit tification or Acknowledgement for in- consent. If no objection has been spection under this section if they can lodged by any country of import or demonstrate that the inability to countries of transit to a notification produce such copies are due exclusively provided pursuant to paragraph to technical difficulty with EPA’s (a)(25)(i) of this section within thirty Waste Import Export Tracking System (30) days after the date of issuance of (WIETS), or its successor system for the acknowledgement of receipt of no- which the hazardous secondary mate- tification by the competent authority rial generator bears no responsibility. of the country of import, the trans- (xi) Hazardous secondary material boundary movement may commence. generators must file with the Adminis- In such cases, EPA will send an EPA trator no later than March 1 of each Acknowledgment of Consent to inform year, a report summarizing the types, the hazardous secondary material gen- quantities, frequency and ultimate des- erator that the country of import and tination of all hazardous secondary any relevant countries of transit have materials exported during the previous not objected to the shipment, and are calendar year. Annual reports must be thus presumed to have consented tac- submitted electronically using EPA’s itly. Tacit consent expires one (1) cal- Waste Import Export Tracking System endar year after the close of the thirty (WIETS), or its successor system. Such (30) day period; renotification and re- reports must include the following in- newal of all consents is required for ex- formation: ports after that date. (A) Name, mailing and site address, (viii) A copy of the EPA Acknowledg- and EPA ID number (if applicable) of ment of Consent must accompany the the hazardous secondary material gen- shipment. The shipment must conform erator; to the terms of the EPA Acknowledg- (B) The calendar year covered by the ment of Consent. (ix) If a shipment cannot be delivered report; for any reason to the reclaimer, inter- (C) The name and site address of each mediate facility or the alternate re- reclaimer and intermediate facility; claimer or alternate intermediate fa- (D) By reclaimer and intermediate cility, the hazardous secondary mate- facility, for each hazardous secondary rial generator must re-notify EPA of a material exported, a description of the change in the conditions of the original hazardous secondary material and the notification to allow shipment to a new EPA hazardous waste number that reclaimer in accordance with para- would apply if the hazardous secondary graph (iii) of this section and obtain material was managed as hazardous another EPA Acknowledgment of Con- waste, the DOT hazard class, the name sent. and U.S. EPA ID number (where appli- (x) Hazardous secondary material cable) for each transporter used, the generators must keep a copy of each total amount of hazardous secondary notification of intent to export and material shipped and the number of each EPA Acknowledgment of Consent shipments pursuant to each notifica- for a period of three years following re- tion; ceipt of the EPA Acknowledgment of (E) A certification signed by the haz- Consent. They may satisfy this record- ardous secondary material generator keeping requirement by retaining elec- which states: ‘‘I certify under penalty tronically submitted notifications or of law that I have personally examined electronically generated Acknowledge- and am familiar with the information ments in their account on EPA’s Waste submitted in this and all attached doc- Import Export Tracking System uments, and that based on my inquiry (WIETS), or its successor system, pro- of those individuals immediately re- vided that such copies are readily sponsible for obtaining the informa- available for viewing and production if tion, I believe that the submitted infor- requested by any EPA or authorized mation is true, accurate, and complete. state inspector. No hazardous sec- I am aware that there are significant

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penalties for submitting false informa- vent-contaminated wipes contain no tion including the possibility of fine free liquids at the point of being and imprisonment.’’ laundered or dry cleaned on-site or at (xii) All persons claiming an exclu- the point of being transported off-site sion under this paragraph (a)(25) must for laundering or dry cleaning; provide notification as required by (vi) The solvent-contaminated wipes § 260.42 of this chapter. are sent to a laundry or dry cleaner (26) Solvent-contaminated wipes that whose discharge, if any, is regulated are sent for cleaning and reuse are not under sections 301 and 402 or section 307 solid wastes from the point of genera- of the Clean Water Act. tion, provided that (27) Hazardous secondary material (i) The solvent-contaminated wipes, that is generated and then transferred when accumulated, stored, and trans- to another person for the purpose of re- ported, are contained in non-leaking, manufacturing is not a solid waste, closed containers that are labeled ‘‘Ex- provided that: cluded Solvent-Contaminated Wipes.’’ (i) The hazardous secondary material The containers must be able to contain consists of one or more of the following free liquids, should free liquids occur. spent solvents: Toluene, xylenes, During accumulation, a container is ethylbenzene, 1,2,4-trimethylbenzene, considered closed when there is com- chlorobenzene, n-hexane, cyclohexane, plete contact between the fitted lid and methyl tert-butyl ether, acetonitrile, the rim, except when it is necessary to chloroform, chloromethane, add or remove solvent-contaminated dichloromethane, methyl isobutyl ke- wipes. When the container is full, or tone, NN-dimethylformamide, tetra- when the solvent-contaminated wipes hydrofuran, n-butyl alcohol, ethanol, are no longer being accumulated, or and/or methanol; when the container is being transported, the container must be sealed (ii) The hazardous secondary mate- with all lids properly and securely af- rial originated from using one or more fixed to the container and all openings of the solvents listed in paragraph tightly bound or closed sufficiently to (a)(27)(i) of this section in a commer- prevent leaks and emissions; cial grade for reacting, extracting, pu- (ii) The solvent-contaminated wipes rifying, or blending chemicals (or for may be accumulated by the generator rinsing out the process lines associated for up to 180 days from the start date of with these functions) in the pharma- accumulation for each container prior ceutical manufacturing (NAICS 325412), to being sent for cleaning; basic organic chemical manufacturing (iii) At the point of being sent for (NAICS 325199), plastics and resins cleaning on-site or at the point of manufacturing (NAICS 325211), and/or being transported off-site for cleaning, the paints and coatings manufacturing the solvent-contaminated wipes must sectors (NAICS 325510). contain no free liquids as defined in (iii) The hazardous secondary mate- § 260.10 of this chapter. rial generator sends the hazardous sec- (iv) Free liquids removed from the ondary material spent solvents listed solvent-contaminated wipes or from in paragraph (a)(27)(i) of this section to the container holding the wipes must a remanufacturer in the pharma- be managed according to the applicable ceutical manufacturing (NAICS 325412), regulations found in 40 CFR parts 260 basic organic chemical manufacturing through 273; (NAICS 325199), plastics and resins (v) Generators must maintain at manufacturing (NAICS 325211), and/or their site the following documentation: the paints and coatings manufacturing (A) Name and address of the laundry sectors (NAICS 325510). or dry cleaner that is receiving the sol- (iv) After remanufacturing one or vent-contaminated wipes; more of the solvents listed in para- (B) Documentation that the 180-day graph (a)(27)(i) of this section, the use accumulation time limit in 40 CFR of the remanufactured solvent shall be 261.4(a)(26)(ii) is being met; limited to reacting, extracting, puri- (C) Description of the process the fying, or blending chemicals (or for generator is using to ensure the sol- rinsing out the process lines associated

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with these functions) in the pharma- turing (NAICS 325211), and/or the ceutical manufacturing (NAICS 325412), paints and coatings manufacturing sec- basic organic chemical manufacturing tors (NAICS 325510), and will accept the (NAICS 325199), plastics and resins spent solvent(s) for the sole purpose of manufacturing (NAICS 325211), and the remanufacturing into commercial- paints and coatings manufacturing sec- grade solvent(s) that will be used for tors (NAICS 325510) or to using them as reacting, extracting, purifying, or ingredients in a product. These allowed blending chemicals (or for rinsing out uses correspond to chemical functional the process lines associated with these uses enumerated under the Chemical functions) or for use as product ingre- Data Reporting Rule of the Toxic Sub- dient(s). I also certify that the remanu- stances Control Act (40 CFR parts 704, facturing equipment, vents, and tanks 710–711), including Industrial Function are equipped with and are operating air Codes U015 (solvents consumed in a re- emission controls in compliance with action to produce other chemicals) and the appropriate Clean Air Act regula- U030 (solvents become part of the mix- tions under 40 CFR part 60, part 61 or ture); part 63, or, absent such Clean Air Act (v) After remanufacturing one or standards for the particular operation more of the solvents listed in para- or piece of equipment covered by the graph (a)(27)(i) of this section, the use remanufacturing exclusion, are in com- of the remanufactured solvent does not pliance with the appropriate standards involve cleaning or degreasing oil, in 40 CFR part 261, subparts AA (vents), grease, or similar material from tex- BB (equipment) and CC (tank stor- tiles, glassware, metal surfaces, or age),’’; other articles. (These disallowed con- (C) Maintain records of shipments tinuing uses correspond to chemical and confirmations of receipts for a pe- functional uses in Industrial Function riod of three years from the dates of Code U029 under the Chemical Data Re- the shipments; porting Rule of the Toxics Substances (D) Prior to remanufacturing, store Control Act.); and the hazardous spent solvents in tanks (vi) Both the hazardous secondary or containers that meet technical material generator and the remanufac- standards found in subparts I and J of turer must: 40 CFR part 261, with the tanks and (A) Notify EPA or the State Director, containers being labeled or otherwise if the state is authorized for the pro- having an immediately available gram, and update the notification record of the material being stored; every two years per 40 CFR 260.42; (E) During remanufacturing, and dur- (B) Develop and maintain an up-to- ing storage of the hazardous secondary date remanufacturing plan which iden- materials prior to remanufacturing, tifies: the remanufacturer certifies that the (1) The name, address and EPA ID remanufacturing equipment, vents, and number of the generator(s) and the re- tanks are equipped with and are oper- manufacturer(s), ating air emission controls in compli- (2) The types and estimated annual ance with the appropriate Clean Air volumes of spent solvents to be re- Act regulations under 40 CFR part 60, manufactured, part 61 or part 63; or, absent such Clean (3) The processes and industry sec- Air Act standards for the particular op- tors that generate the spent solvents, eration or piece of equipment covered (4) The specific uses and industry sec- by the remanufacturing exclusion, are tors for the remanufactured solvents, in compliance with the appropriate and standards in 40 CFR part 261 subparts (5) A certification from the remanu- AA (vents), BB (equipment) and CC facturer stating ‘‘on behalf of [insert (tank storage); and remanufacturer facility name], I cer- (F) Meet the requirements prohib- tify that this facility is a remanufac- iting speculative accumulation per 40 turer under pharmaceutical manufac- CFR 261.1(c)(8). turing (NAICS 325412), basic organic (b) Solid wastes which are not haz- chemical manufacturing (NAICS ardous wastes. The following solid 325199), plastics and resins manufac- wastes are not hazardous wastes:

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(1) Household waste, including house- (A) Coal pile run-off. For purposes of hold waste that has been collected, paragraph (b)(4) of this section, coal transported, stored, treated, disposed, pile run-off means any precipitation recovered (e.g., refuse-derived fuel) or that drains off coal piles. reused. ‘‘Household waste’’ means any (B) Boiler cleaning solutions. For pur- material (including garbage, trash and poses of paragraph (b)(4) of this sec- sanitary wastes in septic tanks) de- tion, boiler cleaning solutions means rived from households (including single water solutions and chemical solutions and multiple residences, hotels and used to clean the fire-side and water- motels, bunkhouses, ranger stations, side of the boiler. crew quarters, campgrounds, picnic (C) Boiler blowdown. For purposes of grounds and day-use recreation areas). paragraph (b)(4) of this section, boiler A resource recovery facility managing blowdown means water purged from municipal solid waste shall not be boilers used to generate steam. deemed to be treating, storing, dis- (D) Process water treatment and posing of, or otherwise managing hazardous wastes for the purposes of regu- demineralizer regeneration wastes. For lation under this subtitle, if such facil- purposes of paragraph (b)(4) of this sec- ity: tion, process water treatment and (i) Receives and burns only demineralizer regeneration wastes means sludges, rinses, and spent resins (A) Household waste (from single and generated from processes to remove multiple dwellings, hotels, motels, and other residential sources) and dissolved gases, suspended solids, and dissolved chemical salts from combus- (B) Solid waste from commercial or industrial sources that does not con- tion system process water. tain hazardous waste; and (E) Cooling tower blowdown. For pur- (ii) Such facility does not accept haz- poses of paragraph (b)(4) of this sec- ardous wastes and the owner or oper- tion, cooling tower blowdown means ator of such facility has established water purged from a closed cycle cool- contractual requirements or other ap- ing system. Closed cycle cooling sys- propriate notification or inspection tems include cooling towers, cooling procedures to assure that hazardous ponds, or spray canals. wastes are not received at or burned in (F) Air heater and precipitator washes. such facility. For purposes of paragraph (b)(4) of this (2) Solid wastes generated by any of section, air heater and precipitator the following and which are returned washes means wastes from cleaning air to the soils as fertilizers: preheaters and electrostatic (i) The growing and harvesting of ag- precipitators. ricultural crops. (G) Effluents from floor and yard drains (ii) The raising of animals, including and sumps. For purposes of paragraph animal manures. (b)(4) of this section, effluents from (3) Mining overburden returned to floor and yard drains and sumps means the mine site. wastewaters, such as wash water, col- (4)(i) Fly ash waste, bottom ash lected by or from floor drains, equip- waste, slag waste, and flue gas emis- ment drains, and sumps located inside sion control waste generated primarily the power plant building; and from the combustion of coal or other wastewaters, such as rain runoff, col- fossil fuels, except as provided by lected by yard drains and sumps lo- § 266.112 of this chapter for facilities cated outside the power plant building. that burn or process hazardous waste. (H) Wastewater treatment sludges. For (ii) The following wastes generated purposes of paragraph (b)(4) of this sec- primarily from processes that support tion, wastewater treatment sludges re- the combustion of coal or other fossil fers to sludges generated from the fuels that are co-disposed with the treatment of wastewaters specified in wastes in paragraph (b)(4)(i) of this sec- paragraphs (b)(4)(ii)(A) through (F) of tion, except as provided by § 266.112 of this section. this chapter for facilities that burn or (5) Drilling fluids, produced waters, process hazardous waste: and other wastes associated with the

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exploration, development, or produc- retan/wet finish; no beamhouse; tion of crude oil, natural gas or geo- through-the-blue; and shearling. thermal energy. (E) Wastewater treatment sludges (6)(i) Wastes which fail the test for generated by the following subcat- the Toxicity Characteristic because egories of the leather tanning and fin- chromium is present or are listed in ishing industry: Hair pulp/chrome tan/ subpart D due to the presence of chro- retan/wet finish; hair save/chrome tan/ mium, which do not fail the test for retan/wet finish; retan/wet finish; no the Toxicity Characteristic for any beamhouse; through-the-blue; and other constituent or are not listed due shearling. to the presence of any other con- (F) Wastewater treatment sludges stituent, and which do not fail the test generated by the following subcat- for any other characteristic, if it is egories of the leather tanning and fin- shown by a waste generator or by ishing industry: Hair pulp/chrome tan/ waste generators that: retan/wet finish; hair save/chrome tan/ (A) The chromium in the waste is ex- retan/wet finish; and through-the-blue. clusively (or nearly exclusively) tri- (G) Waste scrap leather from the valent chromium; and leather tanning industry, the shoe (B) The waste is generated from an manufacturing industry, and other industrial process which uses trivalent leather product manufacturing indus- chromium exclusively (or nearly exclu- tries. sively) and the process does not gen- (H) Wastewater treatment sludges erate hexavalent chromium; and from the production of TiO2 pigment (C) The waste is typically and fre- using chromium-bearing ores by the quently managed in non-oxidizing envi- chloride process. ronments. (7) Solid waste from the extraction, (ii) Specific wastes which meet the beneficiation, and processing of ores standard in paragraphs (b)(6)(i) (A), (B), and minerals (including coal, phos- and (C) (so long as they do not fail the phate rock, and overburden from the test for the toxicity characteristic for mining of uranium ore), except as pro- any other constituent, and do not ex- vided by § 266.112 of this chapter for fa- hibit any other characteristic) are: cilities that burn or process hazardous (A) Chrome (blue) trimmings gen- waste. erated by the following subcategories (i) For purposes of § 261.4(b)(7) of the leather tanning and finishing in- beneficiation of ores and minerals is dustry; hair pulp/chrome tan/retan/wet restricted to the following activities; finish; hair save/chrome tan/retan/wet crushing; grinding; washing; dissolu- finish; retan/wet finish; no beamhouse; tion; crystallization; filtration; sort- through-the-blue; and shearling. ing; sizing; drying; sintering; (B) Chrome (blue) shavings generated pelletizing; briquetting; calcining to by the following subcategories of the remove water and/or carbon dioxide; leather tanning and finishing industry: roasting, autoclaving, and/or Hair pulp/chrome tan/retan/wet finish; chlorination in preparation for leach- hair save/chrome tan/retan/wet finish; ing (except where the roasting (and/or retan/wet finish; no beamhouse; autoclaving and/or chlorination)/leach- through-the-blue; and shearling. ing sequence produces a final or inter- (C) Buffing dust generated by the fol- mediate product that does not undergo lowing subcategories of the leather further beneficiation or processing); tanning and finishing industry; hair gravity concentration; magnetic sepa- pulp/chrome tan/retan/wet finish; hair ration; electrostatic separation; flota- save/chrome tan/retan/wet finish; tion; ion exchange; solvent extraction; retan/wet finish; no beamhouse; electrowinning; precipitation; amal- through-the-blue. gamation; and heap, dump, vat, tank, (D) Sewer screenings generated by and in situ leaching. the following subcategories of the (ii) For the purposes of § 261.4(b)(7), leather tanning and finishing industry: solid waste from the processing of ores Hair pulp/chrome tan/retan/wet finish; and minerals includes only the fol- hair save/chrome tan/retan/wet finish; lowing wastes as generated:

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(A) Slag from primary copper proc- (8) Cement kiln dust waste, except as essing; provided by § 266.112 of this chapter for (B) Slag from primary lead proc- facilities that burn or process haz- essing; ardous waste. (C) Red and brown muds from bauxite (9) Solid waste which consists of dis- refining; carded arsenical-treated wood or wood (D) Phosphogypsum from phosphoric products which fails the test for the acid production; Toxicity Characteristic for Hazardous (E) Slag from elemental phosphorus Waste Codes D004 through D017 and production; which is not a hazardous waste for any (F) Gasifier ash from coal gasifi- other reason if the waste is generated cation; by persons who utilize the arsenical- (G) Process wastewater from coal treated wood and wood products for gasification; these materials’ intended end use. (H) Calcium sulfate wastewater (10) Petroleum-contaminated media treatment plant sludge from primary and debris that fail the test for the copper processing; Toxicity Characteristic of § 261.24 (Haz- (I) Slag tailings from primary copper ardous Waste Codes D018 through D043 processing; only) and are subject to the corrective (J) Fluorogypsum from hydrofluoric action regulations under part 280 of acid production; this chapter. (K) Process wastewater from (11) Injected groundwater that is haz- hydrofluoric acid production; ardous only because it exhibits the (L) Air pollution control dust/sludge Toxicity Characteristic (Hazardous from iron blast furnaces; Waste Codes D018 through D043 only) in (M) Iron blast furnace slag; § 261.24 of this part that is reinjected (N) Treated residue from roasting/ through an underground injection well leaching of chrome ore; pursuant to free phase hydrocarbon re- (O) Process wastewater from primary covery operations undertaken at petro- magnesium processing by the anhy- leum refineries, petroleum marketing drous process; terminals, petroleum bulk plants, pe- (P) Process wastewater from phos- troleum pipelines, and petroleum phoric acid production; transportation spill sites until January (Q) Basic oxygen furnace and open 25, 1993. This extension applies to re- hearth furnace air pollution control covery operations in existence, or for dust/sludge from carbon steel produc- which contracts have been issued, on or tion; before March 25, 1991. For groundwater (R) Basic oxygen furnace and open returned through infiltration galleries hearth furnace slag from carbon steel from such operations at petroleum re- production; fineries, marketing terminals, and (S) Chloride process waste solids bulk plants, until [insert date six from titanium tetrachloride produc- months after publication]. New oper- tion; ations involving injection wells (begin- (T) Slag from primary zinc proc- ning after March 25, 1991) will qualify essing. for this compliance date extension (iii) A residue derived from co-proc- (until January 25, 1993) only if: essing mineral processing secondary (i) Operations are performed pursu- materials with normal beneficiation ant to a written state agreement that raw materials or with normal mineral includes a provision to assess the processing raw materials remains ex- groundwater and the need for further cluded under paragraph (b) of this sec- remediation once the free phase recov- tion if the owner or operator: ery is completed; and (A) Processes at least 50 percent by (ii) A copy of the written agreement weight normal beneficiation raw mate- has been submitted to: Waste Identi- rials or normal mineral processing raw fication Branch (5304), U.S. Environ- materials; and, mental Protection Agency, 1200 Penn- (B) Legitimately reclaims the sec- sylvania Ave., NW., Washington, DC ondary mineral processing materials. 20460.

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(12) Used chlorofluorocarbon refrig- aged in a surface impoundment prior to erants from totally enclosed heat discharge. After February 26, 2007, transfer equipment, including mobile leachate or gas condensate derived air conditioning systems, mobile re- from K181 will no longer be exempt if it frigeration, and commercial and indus- is stored or managed in a surface im- trial air conditioning and refrigeration poundment prior to discharge. There is systems that use chlorofluorocarbons one exception: if the surface impound- as the heat transfer fluid in a refrigera- ment is used to temporarily store tion cycle, provided the refrigerant is leachate or gas condensate in response reclaimed for further use. to an emergency situation (e.g., shut- (13) Non-terne plated used oil filters down of wastewater treatment system), that are not mixed with wastes listed provided the impoundment has a dou- in subpart D of this part if these oil fil- ble liner, and provided the leachate or ters have been gravity hot-drained gas condensate is removed from the using one of the following methods: impoundment and continues to be man- (i) Puncturing the filter anti-drain aged in compliance with the conditions back valve or the filter dome end and of this paragraph (b)(15)(v) after the hot-draining; emergency ends. (ii) Hot-draining and crushing; (16) [Reserved] (iii) Dismantling and hot-draining; or (17) Solid waste that would otherwise (iv) Any other equivalent hot-drain- meet the definition of low-level mixed ing method that will remove used oil. wastes (LLMW) pursuant to § 266.210 of (14) Used oil re-refining distillation this chapter that is generated at the bottoms that are used as feedstock to Ortho-McNeil Pharmaceutical, Inc. manufacture asphalt products. (OMP Spring House) research and de- (15) Leachate or gas condensate col- velopment facility in Spring House, lected from landfills where certain Pennsylvania and treated on-site using solid wastes have been disposed, pro- a bench-scale high temperature cata- vided that: lytic oxidation unit is not a hazardous (i) The solid wastes disposed would waste provided that: meet one or more of the listing descrip- (i) The total volume of LLMW gen- tions for Hazardous Waste Codes K169, erated and treated is no greater than 50 K170, K171, K172, K174, K175, K176, K177, liters/year, (ii) OMP Spring House sub- K178 and K181 if these wastes had been mits a written report to the EPA Re- generated after the effective date of gion III office once every six months the listing; beginning six months after June 27, (ii) The solid wastes described in 2005, that must contain the following: paragraph (b)(15)(i) of this section were (A) Analysis demonstrating the de- disposed prior to the effective date of struction and removal efficiency of the the listing; treatment technology for all organic (iii) The leachate or gas condensate components of the wastestream, do not exhibit any characteristic of (B) Analysis demonstrating the cap- hazardous waste nor are derived from ture efficiencies of the treatment tech- any other listed hazardous waste; nology for all radioactive components (iv) Discharge of the leachate or gas of the wastestream and an estimate of condensate, including leachate or gas the amount of radioactivity released condensate transferred from the land- during the reporting period, fill to a POTW by truck, rail, or dedi- (C) Analysis (including concentra- cated pipe, is subject to regulation tions of constituents, including inor- under sections 307(b) or 402 of the Clean ganic constituents, present and radio- Water Act. activity) of the wastestream prior to (v) As of February 13, 2001, leachate and after treatment, or gas condensate derived from K169– (D) Volume of the wastestream being K172 is no longer exempt if it is stored treated per batch, as well as a total for or managed in a surface impoundment the duration of the reporting period, prior to discharge. As of November 21, and 2003, leachate or gas condensate de- (E) Final disposition of the radio- rived from K176, K177, and K178 is no active residuals from the treatment of longer exempt if it is stored or man- the wastestream.

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(iii) OMP Spring House makes no sig- liquids at the point of being trans- nificant changes to the design or oper- ported for disposal; ation of the high temperature catalytic (vi) The solvent-contaminated wipes oxidation unit or the wastestream. are sent for disposal (iv) This exclusion will remain in af- (A) To a municipal solid waste land- fect for 5 years from June 27, 2005. fill regulated under 40 CFR part 258, in- (18) Solvent-contaminated wipes, ex- cluding 40 CFR 258.40, or to a hazardous cept for wipes that are hazardous waste waste landfill regulated under 40 CFR due to the presence of trichloro- parts 264 or 265; or ethylene, that are sent for disposal are (B) To a municipal waste combustor not hazardous wastes from the point of or other combustion facility regulated generation provided that under section 129 of the Clean Air Act (i) The solvent-contaminated wipes, or to a hazardous waste combustor, when accumulated, stored, and trans- boiler, or industrial furnace regulated ported, are contained in non-leaking, under 40 CFR parts 264, 265, or 266 sub- closed containers that are labeled ‘‘Ex- part H. cluded Solvent-Contaminated Wipes.’’ (c) Hazardous wastes which are ex- The containers must be able to contain empted from certain regulations. A free liquids, should free liquids occur. hazardous waste which is generated in During accumulation, a container is a product or raw material storage considered closed when there is com- tank, a product or raw material trans- plete contact between the fitted lid and port vehicle or vessel, a product or raw the rim, except when it is necessary to material pipeline, or in a manufac- add or remove solvent-contaminated turing process unit or an associated wipes. When the container is full, or non-waste-treatment-manufacturing when the solvent-contaminated wipes unit, is not subject to regulation under are no longer being accumulated, or parts 262 through 265, 268, 270, 271 and when the container is being trans- 124 of this chapter or to the notifica- ported, the container must be sealed tion requirements of section 3010 of with all lids properly and securely af- RCRA until it exits the unit in which it fixed to the container and all openings was generated, unless the unit is a sur- tightly bound or closed sufficiently to face impoundment, or unless the haz- prevent leaks and emissions; ardous waste remains in the unit more (ii) The solvent-contaminated wipes than 90 days after the unit ceases to be may be accumulated by the generator operated for manufacturing, or for for up to 180 days from the start date of storage or transportation of product or accumulation for each container prior raw materials. to being sent for disposal; (d) Samples. (1) Except as provided in (iii) At the point of being transported paragraphs (d)(2) and (4) of this section, for disposal, the solvent-contaminated a sample of solid waste or a sample of wipes must contain no free liquids as water, soil, or air, which is collected defined in § 260.10 of this chapter. for the sole purpose of testing to deter- (iv) Free liquids removed from the mine its characteristics or composi- solvent-contaminated wipes or from tion, is not subject to any require- the container holding the wipes must ments of this part or parts 262 through be managed according to the applicable 268 or part 270 or part 124 of this chap- regulations found in 40 CFR parts 260 ter or to the notification requirements through 273; of section 3010 of RCRA, when: (v) Generators must maintain at (i) The sample is being transported to their site the following documentation: a laboratory for the purpose of testing; (A) Name and address of the landfill or or combustor that is receiving the sol- (ii) The sample is being transported vent-contaminated wipes; back to the sample collector after test- (B) Documentation that the 180 day ing; or accumulation time limit in 40 CFR (iii) The sample is being stored by 261.4(b)(18)(ii) is being met; the sample collector before transport (C) Description of the process the to a laboratory for testing; or generator is using to ensure solvent- (iv) The sample is being stored in a contaminated wipes contain no free laboratory before testing; or

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(v) The sample is being stored in a RCRA, nor are such samples included laboratory after testing but before it is in the quantity determinations of 40 returned to the sample collector; or CFR 261.5 and 262.34(d) when: (vi) The sample is being stored tem- (i) The sample is being collected and porarily in the laboratory after testing prepared for transportation by the gen- for a specific purpose (for example, erator or sample collector; or until conclusion of a court case or en- (ii) The sample is being accumulated forcement action where further testing or stored by the generator or sample of the sample may be necessary). collector prior to transportation to a (2) In order to qualify for the exemp- laboratory or testing facility; or tion in paragraphs (d)(1) (i) and (ii) of (iii) The sample is being transported this section, a sample collector ship- to the laboratory or testing facility for ping samples to a laboratory and a lab- the purpose of conducting a treat- oratory returning samples to a sample ability study. collector must: (2) The exemption in paragraph (e)(1) (i) Comply with U.S. Department of of this section is applicable to samples Transportation (DOT), U.S. Postal of hazardous waste being collected and Service (USPS), or any other applica- shipped for the purpose of conducting ble shipping requirements; or treatability studies provided that: (ii) Comply with the following requirements if the sample collector de- (i) The generator or sample collector termines that DOT, USPS, or other uses (in ‘‘treatability studies’’) no shipping requirements do not apply to more than 10,000 kg of media contami- the shipment of the sample: nated with non-acute hazardous waste, (A) Assure that the following infor- 1000 kg of non-acute hazardous waste mation accompanies the sample: other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of (1) The sample collector’s name, mailing address, and telephone num- media contaminated with acute haz- ber; ardous waste for each process being evaluated for each generated waste (2) The laboratory’s name, mailing address, and telephone number; stream; and (3) The quantity of the sample; (ii) The mass of each sample ship- (4) The date of shipment; and ment does not exceed 10,000 kg; the (5) A description of the sample. 10,000 kg quantity may be all media (B) Package the sample so that it contaminated with non-acute haz- does not leak, spill, or vaporize from ardous waste, or may include 2500 kg of its packaging. media contaminated with acute haz- (3) This exemption does not apply if ardous waste, 1000 kg of hazardous the laboratory determines that the waste, and 1 kg of acute hazardous waste is hazardous but the laboratory waste; and is no longer meeting any of the condi- (iii) The sample must be packaged so tions stated in paragraph (d)(1) of this that it will not leak, spill, or vaporize section. from its packaging during shipment (4) In order to qualify for the exemp- and the requirements of paragraph A or tion in paragraphs (d)(1)(i) and (ii) of B of this subparagraph are met. this section, the mass of a sample that (A) The transportation of each sam- will be exported to a foreign laboratory ple shipment complies with U.S. De- or that will be imported to a U.S. lab- partment of Transportation (DOT), oratory from a foreign source must ad- U.S. Postal Service (USPS), or any ditionally not exceed 25 kg. other applicable shipping require- (e) Treatability Study Samples. (1) Ex- ments; or cept as provided in paragraphs (e)(2) (B) If the DOT, USPS, or other ship- and (4) of this section, persons who ping requirements do not apply to the generate or collect samples for the pur- shipment of the sample, the following pose of conducting treatability studies information must accompany the sam- as defined in 40 CFR 260.10, are not sub- ple: ject to any requirement of 40 CFR (1) The name, mailing address, and parts 261 through 263 or to the notifica- telephone number of the originator of tion requirements of Section 3010 of the sample;

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(2) The name, address, and telephone uous), size of the unit undergoing test- number of the facility that will per- ing (particularly in relation to scale-up form the treatability study; considerations), the time/quantity of (3) The quantity of the sample; material required to reach steady state (4) The date of shipment; and operating conditions, or test design (5) A description of the sample, in- considerations such as mass balance cluding its EPA Hazardous Waste Num- calculations. ber. (ii) In response to requests for au- (iv) The sample is shipped to a lab- thorization to ship, store and conduct oratory or testing facility which is ex- treatability studies on additional quan- empt under § 261.4(f) or has an appro- tities after initiation or completion of priate RCRA permit or interim status. initial treatability studies, when: (v) The generator or sample collector There has been an equipment or me- maintains the following records for a chanical failure during the conduct of a period ending 3 years after completion treatability study; there is a need to of the treatability study: verify the results of a previously con- (A) Copies of the shipping documents; ducted treatability study; there is a (B) A copy of the contract with the need to study and analyze alternative facility conducting the treatability techniques within a previously evalu- study; ated treatment process; or there is a (C) Documentation showing: need to do further evaluation of an on- (1) The amount of waste shipped going treatability study to determine under this exemption; final specifications for treatment. (2) The name, address, and EPA iden- (iii) The additional quantities and tification number of the laboratory or timeframes allowed in paragraph (e)(3) testing facility that received the (i) and (ii) of this section are subject to waste; all the provisions in paragraphs (e) (1) (3) The date the shipment was made; and (e)(2) (iii) through (vi) of this sec- and tion. The generator or sample collector (4) Whether or not unused samples must apply to the Regional Adminis- and residues were returned to the gen- trator in the Region where the sample erator. is collected and provide in writing the (vi) The generator reports the infor- following information: mation required under paragraph (A) The reason why the generator or (e)(2)(v)(C) of this section in its bien- sample collector requires additional nial report. time or quantity of sample for treat- (3) The Regional Administrator may ability study evaluation and the addi- grant requests on a case-by-case basis tional time or quantity needed; for up to an additional two years for (B) Documentation accounting for all treatability studies involving bio- samples of hazardous waste from the remediation. The Regional Adminis- waste stream which have been sent for trator may grant requests on a case- or undergone treatability studies in- by-case basis for quantity limits in ex- cluding the date each previous sample cess of those specified in paragraphs from the waste stream was shipped, the (e)(2) (i) and (ii) and (f)(4) of this sec- quantity of each previous shipment, tion, for up to an additional 5000 kg of the laboratory or testing facility to media contaminated with non-acute which it was shipped, what treatability hazardous waste, 500 kg of non-acute study processes were conducted on hazardous waste, 2500 kg of media con- each sample shipped, and the available taminated with acute hazardous waste results on each treatability study; and 1 kg of acute hazardous waste: (C) A description of the technical (i) In response to requests for author- modifications or change in specifica- ization to ship, store and conduct tions which will be evaluated and the treatability studies on additional quan- expected results; tities in advance of commencing treat- (D) If such further study is being re- ability studies. Factors to be consid- quired due to equipment or mechanical ered in reviewing such requests include failure, the applicant must include in- the nature of the technology, the type formation regarding the reason for the of process (e.g., batch versus contin- failure or breakdown and also include

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what procedures or equipment im- the purpose of evaluation in treat- provements have been made to protect ability studies does not exceed 10,000 against further breakdowns; and kg, the total of which can include (E) Such other information that the 10,000 kg of media contaminated with Regional Administrator considers nec- non-acute hazardous waste, 2500 kg of essary. media contaminated with acute haz- (4) In order to qualify for the exemp- ardous waste, 1000 kg of non-acute haz- tion in paragraph (e)(1)(i) of this sec- ardous wastes other than contaminated tion, the mass of a sample that will be media, and 1 kg of acute hazardous exported to a foreign laboratory or waste. This quantity limitation does testing facility, or that will be im- not include treatment materials (in- ported to a U.S. laboratory or testing cluding nonhazardous solid waste) facility from a foreign source must ad- added to ‘‘as received’’ hazardous ditionally not exceed 25 kg. (f) Samples Undergoing Treatability waste. Studies at Laboratories and Testing Fa- (5) No more than 90 days have elapsed cilities. Samples undergoing treat- since the treatability study for the ability studies and the laboratory or sample was completed, or no more than testing facility conducting such treat- one year (two years for treatability ability studies (to the extent such fa- studies involving bioremediation) have cilities are not otherwise subject to elapsed since the generator or sample RCRA requirements) are not subject to collector shipped the sample to the lab- any requirement of this part, part 124, oratory or testing facility, whichever parts 262–266, 268, and 270, or to the no- date first occurs. Up to 500 kg of treat- tification requirements of Section 3010 ed material from a particular waste of RCRA provided that the conditions stream from treatability studies may of paragraphs (f) (1) through (11) of this be archived for future evaluation up to section are met. A mobile treatment five years from the date of initial re- unit (MTU) may qualify as a testing fa- ceipt. Quantities of materials archived cility subject to paragraphs (f) (1) are counted against the total storage through (11) of this section. Where a limit for the facility. group of MTUs are located at the same (6) The treatability study does not site, the limitations specified in (f) (1) involve the placement of hazardous through (11) of this section apply to the waste on the land or open burning of entire group of MTUs collectively as if hazardous waste. the group were one MTU. (1) No less than 45 days before con- (7) The facility maintains records for ducting treatability studies, the facil- 3 years following completion of each ity notifies the Regional Adminis- study that show compliance with the trator, or State Director (if located in treatment rate limits and the storage an authorized State), in writing that it time and quantity limits. The fol- intends to conduct treatability studies lowing specific information must be in- under this paragraph. cluded for each treatability study con- (2) The laboratory or testing facility ducted: conducting the treatability study has (i) The name, address, and EPA iden- an EPA identification number. tification number of the generator or (3) No more than a total of 10,000 kg sample collector of each waste sample; of ‘‘as received’’ media contaminated (ii) The date the shipment was re- with non-acute hazardous waste, 2500 ceived; kg of media contaminated with acute (iii) The quantity of waste accepted; hazardous waste or 250 kg of other ‘‘as (iv) The quantity of ‘‘as received’’ received’’ hazardous waste is subject to waste in storage each day; initiation of treatment in all treatability studies in any single day. ‘‘As (v) The date the treatment study was received’’ waste refers to the waste as initiated and the amount of ‘‘as re- received in the shipment from the gen- ceived’’ waste introduced to treatment erator or sample collector. each day; (4) The quantity of ‘‘as received’’ haz- (vi) The date the treatability study ardous waste stored at the facility for was concluded;

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(vii) The date any unused sample or (33 U.S.C.1344) or section 103 of the Ma- residues generated from the treat- rine Protection, Research, and Sanc- ability study were returned to the gen- tuaries Act of 1972 (33 U.S.C. 1413) is erator or sample collector or, if sent to not a hazardous waste. For this para- a designated facility, the name of the graph (g), the following definitions facility and the EPA identification apply: number. (1) The term dredged material has the (8) The facility keeps, on-site, a copy same meaning as defined in 40 CFR of the treatability study contract and 232.2; all shipping papers associated with the (2) The term permit means: transport of treatability study samples (i) A permit issued by the U.S. Army to and from the facility for a period Corps of Engineers (Corps) or an ap- ending 3 years from the completion proved State under section 404 of the date of each treatability study. Federal Water Pollution Control Act (9) The facility prepares and submits (33 U.S.C. 1344); a report to the Regional Adminis- (ii) A permit issued by the Corps trator, or state Director (if located in under section 103 of the Marine Protec- an authorized state), by March 15 of tion, Research, and Sanctuaries Act of each year, that includes the following 1972 (33 U.S.C. 1413); or information for the previous calendar (iii) In the case of Corps civil works year: projects, the administrative equivalent (i) The name, address, and EPA iden- of the permits referred to in para- tification number of the facility con- graphs (g)(2)(i) and (ii) of this section, ducting the treatability studies; as provided for in Corps regulations (ii) The types (by process) of treat- (for example, see 33 CFR 336.1, 336.2, ability studies conducted; and 337.6). (iii) The names and addresses of per- (h) Carbon dioxide stream injected for sons for whom studies have been con- geologic sequestration. Carbon dioxide ducted (including their EPA identifica- streams that are captured and trans- tion numbers); ported for purposes of injection into an (iv) The total quantity of waste in underground injection well subject to storage each day; the requirements for Class VI Under- (v) The quantity and types of waste ground Injection Control wells, includ- subjected to treatability studies; ing the requirements in 40 CFR Parts (vi) When each treatability study was 144 and 146 of the Underground Injec- conducted; tion Control Program of the Safe (vii) The final disposition of residues Drinking Water Act, are not a haz- and unused sample from each treat- ardous waste, provided the following ability study. conditions are met: (10) The facility determines whether (1) Transportation of the carbon diox- any unused sample or residues gen- ide stream must be in compliance with erated by the treatability study are U.S. Department of Transportation re- hazardous waste under § 261.3 and, if so, quirements, including the pipeline are subject to parts 261 through 268, safety laws (49 U.S.C. 60101 et seq.) and and part 270 of this chapter, unless the regulations (49 CFR Parts 190–199) of residues and unused samples are re- the U.S. Department of Transpor- turned to the sample originator under tation, and pipeline safety regulations the § 261.4(e) exemption. adopted and administered by a state (11) The facility notifies the Regional authority pursuant to a certification Administrator, or State Director (if lo- under 49 U.S.C. 60105, as applicable. cated in an authorized State), by letter (2) Injection of the carbon dioxide when the facility is no longer planning stream must be in compliance with the to conduct any treatability studies at applicable requirements for Class VI the site. Underground Injection Control wells, (g) Dredged material that is not a haz- including the applicable requirements ardous waste. Dredged material that is in 40 CFR Parts 144 and 146; subject to the requirements of a permit (3) No hazardous wastes shall be that has been issued under 404 of the mixed with, or otherwise co-injected Federal Water Pollution Control Act with, the carbon dioxide stream; and

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(4)(i) Any generator of a carbon diox- readily accessible on the facility’s pub- ide stream, who claims that a carbon licly-available Web site (if such Web dioxide stream is excluded under this site exists) as a public notification paragraph (h), must have an authorized with the title of ‘‘Carbon Dioxide representative (as defined in 40 CFR Stream Certification’’ at the time the 260.10) sign a certification statement exclusion is claimed. worded as follows: [45 FR 33119, May 19, 1980] I certify under penalty of law that the car- EDITORIAL NOTE: For FEDERAL REGISTER ci- bon dioxide stream that I am claiming to be tations affecting § 261.4, see the List of CFR excluded under 40 CFR 261.4(h) has not been Sections Affected, which appears in the mixed with hazardous wastes, and I have Finding Aids section of the printed volume transported the carbon dioxide stream in and at www.fdsys.gov. compliance with (or have contracted with a pipeline operator or transporter to transport the carbon dioxide stream in compliance § 261.5 [Reserved] with) Department of Transportation requirements, including the pipeline safety laws (49 § 261.6 Requirements for recyclable U.S.C. 60101 et seq.) and regulations (49 CFR materials. Parts 190–199) of the U.S. Department of (a)(1) Hazardous wastes that are recy- Transportation, and the pipeline safety regu- cled are subject to the requirements for lations adopted and administered by a state generators, transporters, and storage authority pursuant to a certification under facilities of paragraphs (b) and (c) of 49 U.S.C. 60105, as applicable, for injection into a well subject to the requirements for this section, except for the materials the Class VI Underground Injection Control listed in paragraphs (a)(2) and (a)(3) of Program of the Safe Drinking Water Act. this section. Hazardous wastes that are recycled will be known as ‘‘recyclable (ii) Any Class VI Underground Injec- materials.’’ tion Control well owner or operator, (2) The following recyclable mate- who claims that a carbon dioxide rials are not subject to the require- stream is excluded under paragraph (h) ments of this section but are regulated of this section, must have an author- under subparts C through N of part 266 ized representative (as defined in 40 of this chapter and all applicable provi- CFR 260.10) sign a certification state- sions in parts 268, 270, and 124 of this ment worded as follows: chapter. I certify under penalty of law that the car- (i) Recyclable materials used in a bon dioxide stream that I am claiming to be manner constituting disposal (40 CFR excluded under 40 CFR 261.4(h) has not been part 266, subpart C); mixed with, or otherwise co-injected with, (ii) Hazardous wastes burned (as de- hazardous waste at the Underground Injec- tion Control (UIC) Class VI permitted facil- fined in section 266.100(a)) in boilers ity, and that injection of the carbon dioxide and industrial furnaces that are not stream is in compliance with the applicable regulated under subpart O of part 264 or requirements for UIC Class VI wells, includ- 265 of this chapter (40 CFR part 266, ing the applicable requirements in 40 CFR subpart H); Parts 144 and 146. (iii) Recyclable materials from which (iii) The signed certification state- precious metals are reclaimed (40 CFR ment must be kept on-site for no less part 266, subpart F); than three years, and must be made (iv) Spent lead-acid batteries that available within 72 hours of a written are being reclaimed (40 CFR part 266, request from the Administrator, Re- subpart G). gional Administrator, or state Director (3) The following recyclable mate- (if located in an authorized state), or rials are not subject to regulation their designee. The signed certification under parts 262 through parts 268, 270 or statement must be renewed every year 124 of this chapter, and are not subject that the exclusion is claimed, by hav- to the notification requirements of sec- ing an authorized representative (as de- tion 3010 of RCRA: fined in 40 CFR 260.10) annually prepare (i) Industrial ethyl alcohol that is re- and sign a new copy of the certification claimed except that exports and im- statement within one year of the date ports of such recyclable materials must of the previous statement. The signed comply with the requirements of 40 certification statement must also be CFR part 262, subpart H.

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