40 C.F.R. § 261.31   Hazardous wastes from non-specific sources.

Title 40 - Protection of Environment


Title 40: Protection of Environment
PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart D—Lists of Hazardous Wastes

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§ 261.31   Hazardous wastes from non-specific sources.

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

 ------------------------------------------------------------------------   Industry and EPA hazardous           waste No.                  Hazardous waste        Hazard code------------------------------------------------------------------------Generic:  F001.........................  The following spent        (T)                                  halogenated solvents                                  used in degreasing:                                  Tetrachloroethylene,                                  trichloroethylene,                                  methylene chloride,                                  1,1,1-trichloroethane,                                  carbon tetrachloride,                                  and chlorinated                                  fluorocarbons; all spent                                  solvent mixtures/blends                                  used in degreasing                                  containing, before use,                                  a total of ten percent                                  or more (by volume) of                                  one or more of the above                                  halogenated solvents or                                  those solvents listed in                                  F002, F004, and F005;                                  and still bottoms from                                  the recovery of these                                  spent solvents and spent                                  solvent mixtures.  F002.........................  The following spent        (T)                                  halogenated solvents:                                  Tetrachloroethylene,                                  methylene chloride,                                  trichloroethylene, 1,1,1-                                  trichloroethane,                                  chlorobenzene, 1,1,2-                                  trichloro-1,2,2-                                  trifluoroethane, ortho-                                  dichlorobenzene,                                  trichlorofluoromethane,                                  and 1,1,2-                                  trichloroethane; all                                  spent solvent mixtures/                                  blends containing,                                  before use, a total of                                  ten percent or more (by                                  volume) of one or more                                  of the above halogenated                                  solvents or those listed                                  in F001, F004, or F005;                                  and still bottoms from                                  the recovery of these                                  spent solvents and spent                                  solvent mixtures.  F003.........................  The following spent non-   (I)*                                  halogenated solvents:                                  Xylene, acetone, ethyl                                  acetate, ethyl benzene,                                  ethyl ether, methyl                                  isobutyl ketone, n-butyl                                  alcohol, cyclohexanone,                                  and methanol; all spent                                  solvent mixtures/blends                                  containing, before use,                                  only the above spent non-                                  halogenated solvents;                                  and all spent solvent                                  mixtures/blends                                  containing, before use,                                  one or more of the above                                  non-halogenated                                  solvents, and, a total                                  of ten percent or more                                  (by volume) of one or                                  more of those solvents                                  listed in F001, F002,                                  F004, and F005; and                                  still bottoms from the                                  recovery of these spent                                  solvents and spent                                  solvent mixtures.  F004.........................  The following spent non-   (T)                                  halogenated solvents:                                  Cresols and cresylic                                  acid, and nitrobenzene;                                  all spent solvent                                  mixtures/blends                                  containing, before use,                                  a total of ten percent                                  or more (by volume) of                                  one or more of the above                                  non-halogenated solvents                                  or those solvents listed                                  in F001, F002, and F005;                                  and still bottoms from                                  the recovery of these                                  spent solvents and spent                                  solvent mixtures.  F005.........................  The following spent non-   (I,T)                                  halogenated solvents:                                  Toluene, methyl ethyl                                  ketone, carbon                                  disulfide, isobutanol,                                  pyridine, benzene, 2-                                  ethoxyethanol, and 2-                                  nitropropane; all spent                                  solvent mixtures/blends                                  containing, before use,                                  a total of ten percent                                  or more (by volume) of                                  one or more of the above                                  non-halogenated solvents                                  or those solvents listed                                  in F001, F002, or F004;                                  and still bottoms from                                  the recovery of these                                  spent solvents and spent                                  solvent mixtures.  F006.........................  Wastewater treatment       (T)                                  sludges from                                  electroplating                                  operations except from                                  the following processes:                                  (1) Sulfuric acid                                  anodizing of aluminum;                                  (2) tin plating on                                  carbon steel; (3) zinc                                  plating (segregated                                  basis) on carbon steel;                                  (4) aluminum or zinc-                                  aluminum plating on                                  carbon steel; (5)                                  cleaning/stripping                                  associated with tin,                                  zinc and aluminum                                  plating on carbon steel;                                  and (6) chemical etching                                  and milling of aluminum.  F007.........................  Spent cyanide plating      (R, T)                                  bath solutions from                                  electroplating                                  operations.  F008.........................  Plating bath residues      (R, T)                                  from the bottom of                                  plating baths from                                  electroplating                                  operations where                                  cyanides are used in the                                  process.  F009.........................  Spent stripping and        (R, T)                                  cleaning bath solutions                                  from electroplating                                  operations where                                  cyanides are used in the                                  process.  F010.........................  Quenching bath residues    (R, T)                                  from oil baths from                                  metal heat treating                                  operations where                                  cyanides are used in the                                  process.  F011.........................  Spent cyanide solutions    (R, T)                                  from salt bath pot                                  cleaning from metal heat                                  treating operations.  F012.........................  Quenching waste water      (T)                                  treatment sludges from                                  metal heat treating                                  operations where                                  cyanides are used in the                                  process.  F019.........................  Wastewater treatment       (T)                                  sludges from the                                  chemical conversion                                  coating of aluminum                                  except from zirconium                                  phosphating in aluminum                                  can washing when such                                  phosphating is an                                  exclusive conversion                                  coating process.  F020.........................  Wastes (except wastewater  (H)                                  and spent carbon from                                  hydrogen chloride                                  purification) from the                                  production or                                  manufacturing use (as a                                  reactant, chemical                                  intermediate, or                                  component in a                                  formulating process) of                                  tri- or                                  tetrachlorophenol, or of                                  intermediates used to                                  produce their pesticide                                  derivatives. (This                                  listing does not include                                  wastes from the                                  production of                                  Hexachlorophene from                                  highly purified 2,4,5-                                  trichlorophenol.).  F021.........................  Wastes (except wastewater  (H)                                  and spent carbon from                                  hydrogen chloride                                  purification) from the                                  production or                                  manufacturing use (as a                                  reactant, chemical                                  intermediate, or                                  component in a                                  formulating process) of                                  pentachlorophenol, or of                                  intermediates used to                                  produce its derivatives.  F022.........................  Wastes (except wastewater  (H)                                  and spent carbon from                                  hydrogen chloride                                  purification) from the                                  manufacturing use (as a                                  reactant, chemical                                  intermediate, or                                  component in a                                  formulating process) of                                  tetra-, penta-, or                                  hexachlorobenzenes under                                  alkaline conditions.  F023.........................  Wastes (except wastewater  (H)                                  and spent carbon from                                  hydrogen chloride                                  purification) from the                                  production of materials                                  on equipment previously                                  used for the production                                  or manufacturing use (as                                  a reactant, chemical                                  intermediate, or                                  component in a                                  formulating process) of                                  tri- and                                  tetrachlorophenols.                                  (This listing does not                                  include wastes from                                  equipment used only for                                  the production or use of                                  Hexachlorophene from                                  highly purified 2,4,5-                                  trichlorophenol.).  F024.........................  Process wastes, including  (T)                                  but not limited to,                                  distillation residues,                                  heavy ends, tars, and                                  reactor clean-out                                  wastes, from the                                  production of certain                                  chlorinated aliphatic                                  hydrocarbons by free                                  radical catalyzed                                  processes. These                                  chlorinated aliphatic                                  hydrocarbons are those                                  having carbon chain                                  lengths ranging from one                                  to and including five,                                  with varying amounts and                                  positions of chlorine                                  substitution. (This                                  listing does not include                                  wastewaters, wastewater                                  treatment sludges, spent                                  catalysts, and wastes                                  listed in § 261.31                                  or § 261.32.).  F025.........................  Condensed light ends,      (T)                                  spent filters and filter                                  aids, and spent                                  desiccant wastes from                                  the production of                                  certain chlorinated                                  aliphatic hydrocarbons,                                  by free radical                                  catalyzed processes.                                  These chlorinated                                  aliphatic hydrocarbons                                  are those having carbon                                  chain lengths ranging                                  from one to and                                  including five, with                                  varying amounts and                                  positions of chlorine                                  substitution.  F026.........................  Wastes (except wastewater  (H)                                  and spent carbon from                                  hydrogen chloride                                  purification) from the                                  production of materials                                  on equipment previously                                  used for the                                  manufacturing use (as a                                  reactant, chemical                                  intermediate, or                                  component in a                                  formulating process) of                                  tetra-, penta-, or                                  hexachlorobenzene under                                  alkaline conditions.  F027.........................  Discarded unused           (H)                                  formulations containing                                  tri-, tetra-, or                                  pentachlorophenol or                                  discarded unused                                  formulations containing                                  compounds derived from                                  these chlorophenols.                                  (This listing does not                                  include formulations                                  containing                                  Hexachlorophene                                  sythesized from                                  prepurified 2,4,5-                                  trichlorophenol as the                                  sole component.).  F028.........................  Residues resulting from    (T)                                  the incineration or                                  thermal treatment of                                  soil contaminated with                                  EPA Hazardous Waste Nos.                                  F020, F021, F022, F023,                                  F026, and F027.  F032.........................  Wastewaters (except those  (T)                                  that have not come into                                  contact with process                                  contaminants), process                                  residuals, preservative                                  drippage, and spent                                  formulations from wood                                  preserving processes                                  generated at plants that                                  currently use or have                                  previously used                                  chlorophenolic                                  formulations (except                                  potentially cross-                                  contaminated wastes that                                  have had the F032 waste                                  code deleted in                                  accordance with §                                  261.35 of this chapter                                  or potentially cross-                                  contaminated wastes that                                  are otherwise currently                                  regulated as hazardous                                  wastes (i.e., F034 or                                  F035), and where the                                  generator does not                                  resume or initiate use                                  of chlorophenolic                                  formulations). This                                  listing does not include                                  K001 bottom sediment                                  sludge from the                                  treatment of wastewater                                  from wood preserving                                  processes that use                                  creosote and/or                                  pentachlorophenol.  F034.........................  Wastewaters (except those  (T)                                  that have not come into                                  contact with process                                  contaminants), process                                  residuals, preservative                                  drippage, and spent                                  formulations from wood                                  preserving processes                                  generated at plants that                                  use creosote                                  formulations. This                                  listing does not include                                  K001 bottom sediment                                  sludge from the                                  treatment of wastewater                                  from wood preserving                                  processes that use                                  creosote and/or                                  pentachlorophenol.  F035.........................  Wastewaters (except those  (T)                                  that have not come into                                  contact with process                                  contaminants), process                                  residuals, preservative                                  drippage, and spent                                  formulations from wood                                  preserving processes                                  generated at plants that                                  use inorganic                                  preservatives containing                                  arsenic or chromium.                                  This listing does not                                  include K001 bottom                                  sediment sludge from the                                  treatment of wastewater                                  from wood preserving                                  processes that use                                  creosote and/or                                  pentachlorophenol.  F037.........................  Petroleum refinery         (T)                                  primary oil/water/solids                                  separation sludge_Any                                  sludge generated from                                  the gravitational                                  separation of oil/water/                                  solids during the                                  storage or treatment of                                  process wastewaters and                                  oil cooling wastewaters                                  from petroleum                                  refineries. Such sludges                                  include, but are not                                  limited to, those                                  generated in oil/water/                                  solids separators; tanks                                  and impoundments;                                  ditches and other                                  conveyances; sumps; and                                  stormwater units                                  receiving dry weather                                  flow. Sludge generated                                  in stormwater units that                                  do not receive dry                                  weather flow, sludges                                  generated from non-                                  contact once-through                                  cooling waters                                  segregated for treatment                                  from other process or                                  oily cooling waters,                                  sludges generated in                                  aggressive biological                                  treatment units as                                  defined in §                                  261.31(b)(2) (including                                  sludges generated in one                                  or more additional units                                  after wastewaters have                                  been treated in                                  aggressive biological                                  treatment units) and                                  K051 wastes are not                                  included in this                                  listing. This listing                                  does include residuals                                  generated from                                  processing or recycling                                  oil-bearing hazardous                                  secondary materials                                  excluded under §                                  261.4(a)(12)(i), if                                  those residuals are to                                  be disposed of..  F038.........................  Petroleum refinery         (T)                                  secondary (emulsified)                                  oil/water/solids                                  separation sludge_Any                                  sludge and/or float                                  generated from the                                  physical and/or chemical                                  separation of oil/water/                                  solids in process                                  wastewaters and oily                                  cooling wastewaters from                                  petroleum refineries.                                  Such wastes include, but                                  are not limited to, all                                  sludges and floats                                  generated in: induced                                  air flotation (IAF)                                  units, tanks and                                  impoundments, and all                                  sludges generated in DAF                                  units. Sludges generated                                  in stormwater units that                                  do not receive dry                                  weather flow, sludges                                  generated from non-                                  contact once-through                                  cooling waters                                  segregated for treatment                                  from other process or                                  oily cooling waters,                                  sludges and floats                                  generated in aggressive                                  biological treatment                                  units as defined in                                  § 261.31(b)(2)                                  (including sludges and                                  floats generated in one                                  or more additional units                                  after wastewaters have                                  been treated in                                  aggressive biological                                  treatment units) and                                  F037, K048, and K051                                  wastes are not included                                  in this listing.  F039.........................  Leachate (liquids that     (T)                                  have percolated through                                  land disposed wastes)                                  resulting from the                                  disposal of more than                                  one restricted waste                                  classified as hazardous                                  under subpart D of this                                  part. (Leachate                                  resulting from the                                  disposal of one or more                                  of the following EPA                                  Hazardous Wastes and no                                  other Hazardous Wastes                                  retains its EPA                                  Hazardous Waste                                  Number(s): F020, F021,                                  F022, F026, F027, and/or                                  F028.).------------------------------------------------------------------------*(I,T) should be used to specify mixtures that are ignitable and contain  toxic constituents.

(b) Listing Specific Definitions: (1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.(2) (i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employ a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.

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

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

(ii) For the purposes of the F038 listing, (A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and (B) floats are considered to be generated at the moment they are formed in the top of the unit.

[46 FR 4617, Jan. 16, 1981]

Editorial Note:  For Federal Register citations affecting §261.31, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

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