PART 261 -- IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.
Subpart A -- General.
Sec.
261.1 Purpose and scope.
261.2 Definition of solid waste.
261.3 Definition of hazardous waste.
261.4 Exclusions.
261.5 Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
261.6 Requirements for recyclable materials.
261.7 Residues of hazardous waste in empty containers.
261.8 PCB wastes regulated under Toxic Substance Control Act.
Subpart B -- Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Wastes.
261.10 Criteria for identifying the characteristics of hazardous waste.
261.11 Criteria for listing hazardous waste.
Subpart C -- Characteristics of Hazardous Waste.
261.20 General.
261.21 Characteristic of ignitability.
261.22 Characteristic of corrosivity.
261.23 Characteristic of reactivity.
261.24 Toxicity characteristic.
Subpart D -- Lists of Hazardous Wastes.
261.30 General.
261.31 Hazardous wastes from non-specific sources.
261.32 Hazardous wastes from specific sources.
261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.
261.35 Deletion of certain hazardous waste codes following equipment cleaning and replacement.
Appendices To Part 261.
Appendix I -- Representative Sampling Methods.
Appendix II -- Method 1311 Toxicity Characteristic Leaching Procedure (TCLP).
Appendix III -- Chemical Analysis Test Methods.
Appendix IV -- [Reserved for Radioactive Waste Test Methods].
Appendix V -- [Reserved for Infectious Waste Treatment Specifications].
Appendix VI -- [Reserved for Etiologic Agents].
Appendix VII -- Basis for Listing Hazardous Waste.
Appendix VIII -- Hazardous Constituents.
Appendix IX -- Wastes Excluded Under . 260.20 and 260.22.
Appendix X -- Method of Analysis for Chorinated Dibenzo-p-Dioxins and -Dibenzofurans.
 Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
 Source: 45 FR 33119, May 19, 1980, unless otherwise noted.
Subpart A -- General.
261.1 Purpose and scope.
 (a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under parts 262 through 265, 268, and parts 270, 271, and 124 of this chapter and which .
are subject to the notification requirements of section 3010 of RCRA. In this part:.
 (1) Subpart A defines the terms solid waste and hazardous waste, identifies those wastes which are excluded from regulation under parts 262 through 266, 268 and 270 and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.
 (2) Subpart B sets forth the criteria used by EPA to identify characteristics of hazardous waste and to list particular hazardous wastes.
 (3) Subpart C identifies characteristics of hazardous waste.
 (4) Subpart D lists particular hazardous wastes.
 (b)(1) The definition of solid waste contained in this part applies only to wastes that also are hazardous for purposes of the regulations implementing Subtitle C of RCRA. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled.
 (2) This part identifies only some of the materials which are solid wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA. A material which is not defined as a solid waste in this part, or is not a hazardous waste identified or listed in this part, is still a solid waste and a hazardous waste for purposes of these sections if:.
 (i) In the case of sections 3007 and 3013, EPA has reason to believe that the material may be a solid waste within the meaning of section 1004(27) of RCRA and a hazardous waste within the meaning of section 1004(5) of RCRA; or.
 (ii) In the case of section 7003, the statutory elements are established.
 (c) For the purposes of . 261.2 and 261.6:.
 (1) A spent material is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing;.
 (2) Sludge has the same meaning used in . 260.10 of this chapter;.
 (3) A by-product is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the .
general public's use and is ordinarily used in the form it is produced by the process.
 (4) A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.
 (5) A material is used or reused if it is either:.
 (i) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or.
 (ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
 (6) Scrap metal is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
 (7) A material is recycled if it is used, reused, or reclaimed.
 (8) A material is accumulated speculatively if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that -- during the calendar year (commencing on January 1) -- the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under . 261.4(c) are not be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 1986].
261.2  Definition of solid waste.
 (a)(1) A solid waste is any discarded material that is not excluded by . 261.4(a) or that is not excluded by variance granted under . 260.30 and 260.31.
 (2) A discarded material is any material which is:.
 (i) Abandoned, as explained in paragraph (b) of this section; or.
 (ii) Recycled, as explained in paragraph (c) of this section; or.
 (iii) Considered inherently waste-like, as explained in paragraph (d) of this section.
 (b) Materials are solid waste if they are abandoned by being:.
 (1) Disposed of; or.
 (2) Burned or incinerated; or.
 (3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.
 (c) Materials are solid wastes if they are recycled -- or accumulated, stored, or treated before recycling -- as specified in paragraphs (c)(1) through (4) of this section.
 (1) Used in a manner constituting disposal. (i) Materials noted with a * in Column 1 of Table I are solid wastes when they are:.
 (A) Applied to or placed on the land in a manner that constitutes disposal; or.
 (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
 (ii) However, commercial chemical products listed in . 261.33 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
 (2) Burning for energy recovery. (i) Materials noted with a * in column 2 of Table 1 are solid wastes when they are:.
 (A) Burned to recover energy;.
 (B) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).
 (ii) However, commercial chemical products listed in . 261.33 are not solid wastes if they are themselves fuels.
 (3) Reclaimed. Materials noted with a * in column 3 of Table 1 are solid wastes when reclaimed.
 (4) Accumulated speculatively. Materials noted with a * in column 4 of Table 1 are solid wastes when accumulated speculatively.
     Table 1   Use constituting disposal (. 261.2(c) (1)) Energy recovery/fuel (. 261.2(c) (2)) Reclamation (. 261.2(c) (3)) Speculative accumulation (. 261.2(c) (4))    (1)  (2)  (3)  (4)  Spent Materials  (*)  (*)  (*)  (*)  Sludges (listed in 40 CFR part 261.31 or 261.32)  (*)  (*)  (*)  (*)  Sludges exhibiting a characteristic of hazardous waste  (*)  (*)  ......  (*)  By-products (listed in 40 CFR part 261.31 or 261.32)  (*)  (*)  (*)  (*)  By-products exhibiting a characteristic of hazardous waste  (*)  (*)  ......  (*).
   Commercial chemical products listed in 40 CFR 261.33  (*)  (*)  .......
   .....  Scrap metal  (*)  (*)  (*)  (*)   .
 Note: The terms spent materials, sludges, by-products, and scrap metal are defined  in . 261.1.  .
 (d) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner:.
 (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.
 (2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in subparts C or D of this part.
 (3) The Administrator will use the following criteria to add wastes to that list:.
 (i)(A) The materials are ordinarily disposed of, burned, or incinerated; or.
 (B) The materials contain toxic constituents listed in Appendix VIII of part 261 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and.
 (ii) The material may pose a substantial hazard to human health and the environment when recycled.
 (e) Materials that are not solid waste when recycled. (1) Materials are not solid wastes when they can be shown to be recycled by being:.
 (i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or.
 (ii) Used or reused as effective substitutes for commercial products; or.
 (iii) Returned to the original process from which they are generated, without first being reclaimed. The material must be returned as a substitute for raw material feedstock, and the process must use raw materials as principal feedstocks.
 (2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in paragraphs (e)(1)(i) through (iii) of this section):.
 (i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or.
 (ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or.
 (iii) Materials accumulated speculatively; or.
 (iv) Materials listed in paragraph (d)(1) of this section.
 (f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing Subtitle C of RCRA .
who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.
[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 FR 7206, Feb. 21, 1991].
261.3 Definition of hazardous waste.
 (a) A solid waste, as defined in . 261.2, is a hazardous waste if:.
 (1) It is not excluded from regulation as a hazardous waste under . 261.4(b); and.
 (2) It meets any of the following criteria:.
 (i) It exhibits any of the characteristics of hazardous waste identified in subpart C except that any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under . 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C of this part only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Extraction Procedure Toxicity characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table I to . 261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.
 (ii) It is listed in subpart D and has not been excluded from the lists in subpart D under . 260.20 and 260.22 of this chapter.
 (iii) It is a mixture of a solid waste and a hazardous waste that is listed in subpart D of this part solely because it exhibits one or more of the characteristics of hazardous waste identified in subpart C, unless the resultant mixture no longer exhibits any characteristic of hazardous waste identified in subpart C of this part or unless the solid waste is excluded from regulation under . 261.4(b)(7) and the resultant mixture no.
longer exhibits any characteristic of hazardous waste identified in subpart C of this part for which the hazardous waste listed in subpart D of this part was listed.
 (iv) It is a mixture of solid waste and one or more hazardous wastes listed in subpart D and has not been excluded from this paragraph under 260.20 and 260.22 of this chapter; however, the following mixtures of solid wastes and hazardous wastes listed in subpart D are not hazardous wastes (except by application of paragraph (a)(2) (i) or (ii) of this section) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater) and:.
 (A) One or more of the following spent solvents listed in . 261.31 -- carbon tetrachloride, tetrachloroethylene, trichoroethylene -- Provided, That the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pre-treatment system does not exceed 1 part per million; or.
 (B) One or more of the following spent solvents listed in . 261.31 -- methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents -- provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pre-treatment system does not exceed 25 parts per million; or.
 (C) One of the following wastes listed in . 261.32 -- heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No. K050); or.
 (D) A discarded commercial chemical product, or chemical intermediate listed in . 261.33, arising from de minimis losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process. For purposes of this subparagraph, de minimis losses include those from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty .
containers or from containers that are rendered empty by that rinsing; or.
 (E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subpart D, Provided, That the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pre-treatment system, or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation.
 (b) A solid waste which is not excluded from regulation under paragraph (a)(1) of this section becomes a hazardous waste when any of the following events occur:.
 (1) In the case of a waste listed in subpart D, when the waste first meets the listing description set forth in subpart D.
 (2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in subpart D is first added to the solid waste.
 (3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in subpart C.
 (c) Unless and until it meets the criteria of paragraph (d):.
 (1) A hazardous waste will remain a hazardous waste.
 (2)(i) Except as otherwise provided in paragraph (c)(2)(ii) of this section, any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.).
 (ii) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:.
 (A) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332).
 (B) Waste from burning any of the materials exempted from regulation by  261.6(a)(3) (v) through (viii).
 (d) Any solid waste described in paragraph (c) of this section is not a hazardous waste if it meets the following criteria:.
 (1) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in subpart C. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of part 268, even if they no longer exhibit a characteristic at the point of land disposal.).
 (2) In the case of a waste which is a listed waste under subpart D, contains a waste listed under subpart D or is derived from a waste listed in subpart D, it also has been excluded from paragraph (c) under  260.20 and 260.22 of this chapter.
 **  (e)  [Removed].
[45 FR 33119, May 19, 1980, as amended at 46 FR 56588, Nov. 17, 1981; 50 FR 14219, Apr. 11, 1985; 50 FR 49202, Nov. 29, 1985; 52 FR 11821, Apr. 13, 1987; 54 FR 36641, Sept. 1, 1989; 56 FR 3876, Jan. 31, 1991; 56 FR 32692, July 17, 1991].
261.4 Exclusions.
 (a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:.
 (1)(i) Domestic sewage; and.
 (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. Domestic sewage means untreated sanitary wastes that pass through a sewer system.
 (2) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the Clean Water Act, as amended.
[Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.].
 (3) Irrigation return flows.
 (4) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
 (5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.
 (6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in  261.1(c) of this chapter.
 (7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in  261.1(c) of this chapter.
 (8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:.
 (i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;.
 (ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);.
 (iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and.
 (iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
 (9)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and.
 (ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
 (10) EPA Hazardous Waste No. K087, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic specified in Section 261.24 of this part, when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar or are mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or the tar refining process.
 (b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:.
 (1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. Household waste means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas). A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subtitle, if such facility:.
 (i) Receives and burns only.
 (A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and.
 (B) Solid waste from commercial or industrial sources that does not contain hazardous waste; and.
 (ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.
 (2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:.
 (i) The growing and harvesting of agricultural crops.
 (ii) The raising of animals, including animal manures.
 (3) Mining overburden returned to the mine site.
 (4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by  266.112 of this chapter for facilities that burn or process hazardous waste.
 (5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.
 (6)(i) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in subpart D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:.
 (A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and.
 (B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and.
 (C) The waste is typically and frequently managed in non-oxidizing environments.
 (ii) Specific wastes which meet the standard in paragraphs (b)(6)(i)(A), (B) and (C) (so long as they do not fail the test for the charactristic of EP toxicity, and do not fail the test for any other characteristic) are:.
 (A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
 (B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
 (C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.
 (D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/crome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
 (E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
 (F) Wastewater treatment sludes generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrometan/retan/wet finish; and through-the-blue.
 (G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.
  (H) Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.
 (7) Solid waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by  266.112 of this chapter for facilities that burn or process hazardous waste. For purposes of  261.4(b)(7), beneficiation of ores and minerals is restricted to the following activities: Crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purposes of  261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes:.
 (i) Slag from primary copper processing;.
 (ii) Slag from primary lead processing;.
 (iii) Red and brown muds from bauxite refining;.
 (iv) Phosphogypsum from phosphoric acid production;.
 (v) Slag from elemental phosphorus production;.
 (vi) Gasifier ash from coal gasification;.
 (vii) Process wastewater from coal gasification;.
 (viii) Calcium sulfate wastewater treatment plant sludge from primary copper processing;.
 (ix) Slag tailings from primary copper processing;.
 (x) Fluorogypsum from hydrofluoric acid production;.
 (xi) Process wastewater from hydrofluoric acid production;.
 (xii) Air pollution control dust/sludge from iron blast furnaces;.
 (xiii) Iron blast furnace slag;.
 (xiv) Treated residue from roasting/leaching of chrome ore;.
 (xv) Process wastewater from primary magnesium processing by the anhydrous process;.
 (xvi) Process wastewater from phosphoric acid production;.
 (xvii) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;.
 (xviii) Basic oxygen furnace and open hearth furnace slag from carbon steel production;.
 (xix) Chloride process waste solids from titanium tetrachloride production;.
 (xx) Slag from primary zinc processing.
 (8) Cement kiln dust waste, except as provided by  266.112 of this chapter for facilities that burn or process hazardous waste.
 (9) Solid waste which consists of discarded wood or wood products which fails the test for the Toxicity Characteristic solely for arsenic and which is not a hazardous waste for any other reason or reasons, if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.
 (10) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of  261.24 (Hazardous Waste Codes D018 through D043 only) and are subject to the corrective action regulations under part 280 of this chapter.
 (11) Injected groundwater that is hazardous only because it exhibits the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) in  261.24 of this part that is reinjected through an underground injection well pursuant to free phase hydrocarbon recovery operations undertaken at petroleum refineries, petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum transportation spill sites until January 25, 1993. This extension applies to recovery operations in existence, or for which contracts have been issued, on or before March 25, 1991. For groundwater returned through infiltration galleries from such operations at petroleum refineries, marketing terminals, and bulk plants, until [insert date six months after publication]. New operations involving injection wells (beginning after March 25, 1991) will qualify for this compliance date extension (until January 25, 1993) only if:.
 (i) Operations are performed pursuant to a written state agreement that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed; and.
 (ii) A copy of the written agreement has been submitted to: Characteristics Section (OS-333), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460.
 (12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
 (13)-(14) [Reserved] [Subparagraphs 13 and 14 are not addressed by the July 1, 1991 CFR, but are addressed by a proposed rule published since the beginning of 1992.
 (15) Non-terne plated used oil filters that are not mixed with waste listed in subpart C of this part if these oil filters have been gravity hot-drained using one of the following methods:.
 (i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;.
 (ii) Hot-draining and crushing;.
 (iii) Dismantling and hot-draining; or.
 (iv) Any other equivalent hot-draining method which will remove used oil.
 (c) Hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under parts 262 through 265, 268, 270, 271 and 124 of this chapter or to the notification requirements of section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.
 (d) Samples. (1) Except as provided in paragraph (d)(2) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or parts 262 through 268 or part 270 or part 124 of this chapter or to the notification requirements of section 3010 of RCRA, when:.
 (i) The sample is being transported to a laboratory for the purpose of testing; or.
 (ii) The sample is being transported back to the sample collector after testing; or.
 (iii) The sample is being stored by the sample collector before transport to a laboratory for testing; or.
 (iv) The sample is being stored in a laboratory before testing; or.
 (v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or.
 (vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).
 (2) In order to qualify for the exemption in paragraphs (d)(1) (i) and (ii) of this section, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must:.
 (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or.
 (ii) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:.
 (A) Assure that the following information accompanies the sample:.
 (1) The sample collector's name, mailing address, and telephone number;.
 (2) The laboratory's name, mailing address, and telephone number;.
 (3) The quantity of the sample;.
 (4) The date of shipment; and.
 (5) A description of the sample.
 (B) Package the sample so that it does not leak, spill, or vaporize from its packaging.
 (3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in paragraph (d)(1) of this section.
 (e) Treatability Study Samples. (1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in section 260.10, are not subject to any requirement of parts 261 through 263 of this chapter or to the notification requirements of Section 3010 of RCRA, nor are such samples included in the quantity determinations of  261.5 and  262.34(d) when:.
 (i) The sample is being collected and prepared for transportation by the generator or sample collector; or.
 (ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or.
 (iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
 (2) The exemption in paragraph (e)(1) of this section is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:.
 (i) The generator or sample collector uses (in treatability studies) no more than 1000 kg of any non-acute hazardous waste, 1 kg of acute hazardous waste, or 250 kg of soils, water, or debris contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and.
 (ii) The mass of each sample shipment does not exceed 1000 kg of non-acute hazardous waste, 1 kg of acute hazardous waste, or 250 kg of soils, water, or debris contaminated with acute hazardous waste; and.
 (iii) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of paragraph A or B of this subparagraph are met.
 (A) The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or.
 (B) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:.
 (1) The name, mailing address, and telephone number of the originator of the sample;.
 (2) The name, address, and telephone number of the facility that will perform the treatability study; 
  (3) The quantity of the sample;.
 (4) The date of shipment; and.
 (5) A description of the sample, including its EPA Hazardous Waste Number.
 (iv) The sample is shipped to a laboratory or testing facility which is exempt under  261.4(f) or has an appropriate RCRA permit or interim status.
 (v) The generator or sample collector maintains the following records for a period ending 3 years after completion of the treatability study:.
 (A) Copies of the shipping documents;.
 (B) A copy of the contract with the facility conducting the treatability study;.
 (C) Documentation showing:.
 (1) The amount of waste shipped under this exemption;.
 (2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste;.
 (3) The date the shipment was made; and.
 (4) Whether or not unused samples and residues were returned to the generator.
 (vi) The generator reports the information required under paragraph (e)(v)(C) of this section in its biennial report.
 (3) The Regional Administrator, or State Director (if located in an authorized State), may grant requests, on a case-by-case basis, for quantity limits in excess of those specified in paragraph (e)(2)(i) of this section, for up to an additional 500 kg of non-acute hazardous waste, 1 kg of acute hazardous waste, and 250 kg of soils, water, or debris contaminated with acute hazardous waste, to conduct further treatability study evaluation when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of a previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment. The additional quantities allowed are subject to all the provisions in paragraphs (e)(1) and (e)(2)(ii)(vi) of this section. The generator or sample collector must apply to the Regional Administrator in the Region where the sample is collected and provide in writing the following information: 
  (i) The reason why the generator or sample collector requires additional quantity of sample for the treatability study evaluation and the additional quantity needed;.
 (ii) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the data each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;.
 (iii) A description of the technical modifications or change in specifications which will be evaluated and the expected results;.
 (iv) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and.
 (v) Such other information that the Regional Administrator considers necessary.
 (f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to RCRA requirements) are not subject to any requirement of this part, part 124, parts 262-266, 268, and 270, or to the notification requirements of Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) through (11) of this section are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs (f) (1) through (11) of this section. Where a group of MTUs are located at the same site, the limitations specified in (f) (1) through (11) of this section apply to the entire group of MTUs collectively as if the group were one MTU.
 (1) No less than 45 days before conducting treatability studies, the facility notifies the Regional Administrator, or State Director (if located in an authorized State), in writing that it intends to conduct treatability studies under this paragraph.
 (2) The laboratory or testing facility conducting the treatability study has an EPA identification number.
 (3) No more than a total of 250 kg of as received hazardous waste is subjected to initiation of treatment in all treatability studies in any single day. As received waste 
refers to the waste as received in the shipment from the generator or sample collector.
 (4) The quantity of as received hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 1000 kg, the total of which can include 500 kg of soils, water, or debris contaminated with acute hazardous waste or 1 kg of acute hazardous waste. This quantity limitation does not include:.
 (i) Treatability study residues; and.
 (ii) Treatment materials (including nonhazardous solid waste) added to as received hazardous waste.
 (5) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs.
 (6) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.
 (7) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted:.
 (i) The name, address, and EPA identification number of the generator or sample collector of each waste sample;.
 (ii) The date the shipment was received;.
 (iii) The quantity of waste accepted;.
 (iv) The quantity of as received waste in storage each day;.
 (v) The date the treatment study was initiated and the amount of as received waste introduced to treatment each day;.
 (vi) The date the treatability study was concluded;.
 (vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.
 (8) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility 
for a period ending 3 years from the completion date of each treatability study.
 (9) The facility prepares and submits a report to the Regional Administrator, or State Director (if located in an authorized State), by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year:.
 (i) The name, address, and EPA identification number of the facility conducting the treatability studies;.
 (ii) The types (by process) of treatability studies conducted;.
 (iii) The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers);.
 (iv) The total quantity of waste in storage each day;.
 (v) The quantity and types of waste subjected to treatability studies;.
 (vi) When each treatability study was conducted;.
 (vii) The final disposition of residues and unused sample from each treatability study.
 (10) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under  261.3 and, if so, are subject to parts 261 through 268, and part 270 of this chapter, unless the residues and unused samples are returned to the sample originator under the  261.4(e) exemption.
 (11) The facility notifies the Regional Administrator, or State Director (if located in an authorized State), by letter when the facility is no longer planning to conduct any treatability studies at the site.
(Approved by the Office of Management and Budget under control number 2050-0088).
[45 FR 33119, May 19, 1980].
 Editorial Note: For Federal Register citations affecting  261.4, see the List of CFR Sections Affected in the Finding Aids section of this volume.
261.5  Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
 (a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month.
 (b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) of this section, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the notification requirements of section 3010 of RCRA, provided the generator complies with the requirements of paragraphs (f), (g), and (j) of this section.
 (c) Hazardous waste that is not subject to regulation or that is subject only to  262.11,  262.12,  262.40(c), and  262.41 is not included in the quantity determinations of this part and parts 262 through 266, 268, and 270 and is not subject to any of the requirements of those parts. Hazardous waste that is subject to the requirements of  261.6 (b) and (c) and subparts C, D, and F of part 266 is included in the quantity determination of this part and is subject to the requirements of parts 262 through 266 and 270.
 (d) In determining the quantity of hazardous waste generated, a generator need not include:.
 (1) Hazardous waste when it is removed from on-site storage; or.
 (2) Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or.
 (3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.
 (e) If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acute hazardous waste are subject to full regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the notification requirements of section 3010 of RCRA:.
 (1) A total of one kilogram of acute hazardous wastes listed in  261.31, 261.32, or 261.33(e).
 (2) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in  261.31, 261.32, or 261.33(e).
 [Comment: Full regulation means those regulations applicable to generators of greater than 1,000 kg of non-acutely hazardous waste in a calendar month.] 
  (f) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in paragraph (e)(1) or (2) of this section to be excluded from full regulation under this section, the generator must comply with the following requirements:.
 (1) Section 262.11 of this chapter;.
 (2) The generator may accumulate acute hazardous waste on-site. If he accumulates at any time acute hazardous wastes in quantities greater than those set forth in paragraph (e)(1) or (e)(2) of this section, all of those accumulated wastes are subject to regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the applicable notification requirements of section 3010 of RCRA. The time period of  262.34(a) of this chapter, for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exclusion limit;.
 (3) A conditionally exempt small quantity generator may either treat or dispose of his acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is:.
 (i) Permitted under part 270 of this chapter;.
 (ii) In interim status under parts 270 and 265 of this chapter;.
 (iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under part 271 of this chapter;.
 (iv) Permitted, licensed, or registered by a State to manage municipal or industrial solid waste; or.
 (v) A facility which:.
 (A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or.
 (B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
 (g) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator must comply with the following requirements:.
 (1) Section 262.11 of this chapter;.
 (2) The conditionally exempt small quantity generator may accumulate hazardous waste on-site. If he accumulates at any time more than a total of 1000 kilograms of his hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of part 262 applicable to generators of between 100 kg and 1000 kg of hazardous waste in a calendar month as well as the requirements of parts 263 through 266, 268, and parts 270 and 124 of this chapter, and the applicable notification requirements of section 3010 of RCRA. The time period of  262.34(d) for accumulation of wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1000 kilograms;.
 (3) A conditionally exempt small quantity generator may either treat or dispose of his hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is:.
 (i) Permitted under part 270 of this chapter;.
 (ii) In interim status under parts 270 and 265 of this chapter;.
 (iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under part 271 of this chapter;.
 (iv) Permitted, licensed, or registered by a State to manage municipal or industrial solid waste; or.
 (v) A facility which:.
 (A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or.
 (B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
 (h) Hazardous waste subject to the reduced requirements of this section may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in subpart C.
 (i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.
 (j) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to subpart E of part 266 of this chapter if it is destined to be burned for energy recovery. Any material produced from such a mixture by 
processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988].
261.6 Requirements for recyclable materials.
 (a)(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as recyclable materials..
 (2) The following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through H of part 266 of this chapter and all applicable provisions in parts 270 and 124 of this chapter:.
 (i) Recyclable materials used in a manner constituting disposal (subpart C);.
 (ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under subpart O of part 264 or 265 of this chapter (subpart H);.
 (iii) Used oil that exhibits one or more of the characteristics of hazardous waste and is burned for energy recovery in boilers and industrial furnaces that are not regulated under subpart O of part 264 or 265 of this chapter (subpart E);.
 (iv) Recyclable materials from which precious metals are reclaimed (subpart F);.
 (v) Spent lead-acid batteries that are being reclaimed (subpart G).
 (3) The following recyclable materials are not subject to regulation under parts 262 through parts 266 or parts 268, 270 or 124 of this chapter, and are not subject to the notification requirements of section 3010 of RCRA:.
 (i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in  262.58:.
 (A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in  262.53, 262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent 
as defined in subpart E of part 262, and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;.
 (B) Transporters transporting a shipment for export may not accept a shipment if he knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.
 (ii) Used batteries (or used battery cells) returned to a battery manufacturer for regeneration;.
 (iii) Used oil that exhibits one or more of the characteristics of hazardous waste but is recycled in some other manner than being burned for energy recovery;.
 (iv) Scrap metal;.
 (v) Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices;.
 (vi) Oil reclaimed from hazardous waste resulting from normal petroleum refining, production, and transportation practices, which oil is to be refined along with normal process streams at a petroleum refining facility;.
 (vii)(A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under  266.40(e) of this chapter and so long as no other hazardous wastes are used to produce the hazardous waste fuel;.
 (B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under  266.40(e) of this chapter; and.
 (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under  266.40(e) of this chapter; and.
 (viii) Petroleum coke produced from petroleum refinery hazardous wastes containing oil at the same facility at which such wastes were generated, unless the resulting coke product exceeds one or more of the characteristics of hazardous waste in part 261, subpart C.
 (b) Generators and transporters of recyclable materials are subject to the applicable requirements of parts 262 and 263 of this chapter and the notification requirements under section 3010 of RCRA, except as provided in paragraph (a) of this section.
 (c)(1) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subparts A through L, AA, and BB of parts 264 and 265, and under parts 124, 266, 268, and 270 of this chapter and the notification requirements under section 3010 of RCRA, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in  261.6(d).).
 (2) Owners or operators of facilities that recycle recyclable materials without storing them before they are rcycled are subject to the following requirements, except as provided in paragraph (a) of this section:.
 (i) Notification requirements under section 3010 of RCRA;.
 (ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of this chapter.
 (iii) Section 261.6(d) of this chapter.
 (d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of part 264 or 265 of this chapter.
[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991].
261.7 Residues of hazardous waste in empty containers.
 (a)(1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under parts 261 through 265, or part 268, 270 or 124 of this chapter or to the notification requirements of section 3010 of RCRA.
 (2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is 
subject to regulation under parts 261 through 265, and parts 268, 270 and 124 of this chapter and to the notification requirements of section 3010 of RCRA.
 (b)(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in  261.31, 261.32, or 261.33(e) of this chapter is empty if:.
 (i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and.
 (ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or.
 (iii)(A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 110 gallons in size, or.
 (B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 110 gallons in size.
 (2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
 (3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in  261.31, 261.32, or 261.33(e) is empty if:.
 (i) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;.
 (ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or.
 (iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7, 1986].
261.8 PCB wastes regulated under Toxic Substance Control Act.
 The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under part 761 of this chapter and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are exempt from regulation under parts 261 through 265, and parts 268, 270, and 124 of this chapter, and the notification requirements of section 3010 of RCRA.
[55 FR 11862, Mar. 29, 1990].
Subpart B -- Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste.
261.10 Criteria for identifying the characteristics of hazardous waste.
 (a) The Administrator shall identify and define a characteristic of hazardous waste in subpart C only upon determining that:.
 (1) A solid waste that exhibits the characteristic may:.
 (i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or.
 (ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and.
 (2) The characteristic can be:.
 (i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or.
 (ii) Reasonably detected by generators of solid waste through their knowledge of their waste.
261.11 Criteria for listing hazardous waste.
 (a) The Administrator shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:.
 (1) It exhibits any of the characteristics of hazardous waste identified in subpart C.
 (2) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 
milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.).
 (3) It contains any of the toxic constituents listed in appendix VIII and, after considering the following factors, the Administrator concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:.
 (i) The nature of the toxicity presented by the constituent.
 (ii) The concentration of the constituent in the waste.
 (iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (a)(3)(vii) of this section.
 (iv) The persistence of the constituent or any toxic degradation product of the constituent.
 (v) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation.
 (vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.
 (vii) The plausible types of improper management to which the waste could be subjected.
 (viii) The quantities of the waste generated at individual generation sites or on a regional or national basis.
 (ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.
 (x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.
 (xi) Such other factors as may be appropriate.
Substances will be listed on appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms.
 (Wastes listed in accordance with these criteria will be designated Toxic wastes.).
 (b) The Administrator may list classes or types of solid waste as hazardous waste if he has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in section 1004(5) of the Act.
 (c) The Administrator will use the criteria for listing specified in this section to establish the exclusion limits referred to in  261.5(c).
[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990].
Subpart C -- Characteristics of Hazardous Waste.
261.20 General.
 (a) A solid waste, as defined in  261.2, which is not excluded from regulation as a hazardous waste under  261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart.
[Comment:  262.11 of this chapter sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this subpart].
 (b) A hazardous waste which is identified by a characteristic in this subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this subpart. This number must be used in complying with the notification requirements of section 3010 of the Act and all applicable recordkeeping and reporting requirements under parts 262 through 265, 268, and 270 of this chapter.
 (c) For purposes of this subpart, the Administrator will consider a sample obtained using any of the applicable sampling methods specified in Appendix I to be a representative sample within the meaning of part 260 of this chapter.
[Comment: Since the appendix I sampling methods are not being formally adopted by the Administrator, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in  260.20 and 260.21.].
[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991].
261.21 Characteristic of ignitability.
 (a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:.
 (1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60.C (140.F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see  260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see  260.11), or as determined by an equivalent test method approved by the Administrator under procedures set forth in  260.20 and 260.21.
 (2) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
 (3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Administrator under  260.20 and 260.21.
 (4) It is an oxidizer as defined in 49 CFR 173.151.
 (b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990].
261.22 Characteristic of corrosivity.
 (a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:.
 (1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either an EPA test method or an equivalent test method approved by the Administrator under the procedures set forth in  260.20 and 260.21. The EPA test method for pH is specified as Method 5.2 in Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods (incorporated by reference, see  260.11).
 (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55.C (130.F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in Test Methods for the Evaluation of 
Solid Waste, Physical/Chemical Methods (incorporated by reference, see  260.11) or an equivalent test method approved by the Administrator under the procedures set forth in  260.20 and 260.21.
 (b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990].
261.23 Characteristic of reactivity.
 (a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:.
 (1) It is normally unstable and readily undergoes violent change without detonating.
 (2) It reacts violently with water.
 (3) It forms potentially explosive mixtures with water.
 (4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
 (5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
 (6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
 (7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
 (8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49 CFR 173.88.
 (b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.
[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990].
261.24  Toxicity characteristic.
 (a) A solid waste exhibits the characteristic of toxicity if, using the test methods described in appendix II or equivalent 
methods approved by the Administrator under the procedures set forth in  260.20 and 260.21, the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in appendix II, is considered to be the extract for the purpose of this section.
 (b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table I which corresponds to the toxic contaminant causing it to be hazardous.
     Table 1. -- Maximum Concentration of Contaminants for the Toxicity Characteristic   EPA HW No. 1 Contaminant  CAS No. 2 Regulatory Level (mg/L)  D004 Arsenic 7440-38-2 5.0  D005 Barium 7440-39-3 100.0  D018 Benzene 71-43-2 0.5  D006 Cadmium 7440-43-9 1.0  D019 Carbon tetrachloride 56-23-5 0.5  D020 Chlordane 57-74-9 0.03  D021 Chlorobenzene 108-90-7 100.0  D022 Chloroform 67-66-3 6.0  D007 Chromium 7440-47-3 5.0  D023 o-Cresol 95-48-7  4 200.0  D024 m-Cresol 108-39-4  4 200.0  D025 p-Cresol 106-44-5  4 200.0  D026 Cresol ..  4 200.0  D016 2,4-D 94-75-7 10.0  D027 1,4-Dichlorobenzene 106-46-7 7.5  D028 1,2-Dichloroethane 107-06-2 0.5  D029 1,1-Dichloroethylene 75-35-4 0.7  D030 2,4-Dinitrotoluene 121-14-2  3 0.13  D012 Endrin 72-20-8 0.02  D031 Heptachlor (and its epoxide) 76-44-8 0.008  D032 Hexachlorobenzene 118-74-1  3 0.13  D033 Hexachlorobutadiene 87-68-3 0.5  D034 Hexachloroethane 67-72-1 3.0  D008 Lead 7439-92-1 5.0  D013 Lindane 58-89-9 0.4  D009 Mercury 7439-97-6 0.2   D014 Methoxychlor 72-43-5 10.0  D035 Methyl ethyl ketone 78-93-3 200.0  D036 Nitrobenzene 98-95-3 2.0  D037 Pentrachlorophenol 87-86-5 100.0  D038 Pyridine 110-86-1  3 5.0  D010 Selenium 7782-49-2 1.0  D011 Silver 7440-22-4 5.0  D039 Tetrachloroethylene 127-18-4 0.7  D015 Toxaphene 8001-35-2 0.5  D040 Trichloroethylene 79-01-6 0.5  D041 2,4,5-Trichlorophenol 95-95-4 400.0  D042 2,4,6-Trichlorophenol 88-06-2 2.0  D017 2,4,5-TP (Silvex) 93-72-1 1.0  D043 Vinyl chloride 75-01-4 0.2 
  FOOTNOTE: 1 Hazardous waste number.
  FOOTNOTE: 2 Chemical abstracts service number.
  FOOTNOTE: 3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.
  FOOTNOTE: 4 If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026)  concentration is used. The regulatory level of total cresol is 200 mg/l.  
[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 FR 26987, June 29, 1990].
Subpart D -- Lists of Hazardous Wastes.
261.30  General.
 (a) A solid waste is a hazardous waste if it is listed in this subpart, unless it has been excluded from this list under  260.20 and 260.22.
 (b) The Administrator will indicate his basis for listing the classes or types of wastes listed in this subpart by employing one or more of the following Hazard Codes:.
Ignitable Waste  (I).
Corrosive Waste  (C).
Reactive Waste  (R).
Toxicity Characteristic Waste  (E).
Acute Hazardous Waste  (H).
Toxic Waste  (T) 
  Appendix VII identifies the constituent which caused the Administrator to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in  261.31 and 261.32.
 (c) Each hazardous waste listed in this subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with the notification requirements of Section 3010 of the Act and certain recordkeeping and reporting requirements under parts 262 through 265, 268, and part 270 of this chapter.
 (d) The following hazardous wastes listed in  261.31 or  261.32 are subject to the exclusion limits for acutely hazardous wastes established in  261.5: EPA Hazardous Wastes Nos. FO20, FO21, FO22, FO23, FO26, and FO27.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29, 1990].
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 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. (T)  F002 The following spent 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. (T).
  F003 The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. (I)*   F004 The following spent non-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. (T)  F005 The following spent non-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. (I,T)  F006 Wastewater treatment 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. (T)  F007 Spent cyanide plating bath solutions from electroplating operations. (R, T)  F008 Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process. (R, T)  F009 Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process. (R, T)  F010 Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process. (R, T)  F011 Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations. (R, T)  F012 Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process. (T)  F019 Wastewater treatment 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. (T)  F020 Wastes (except wastewater 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.). (H)  F021 Wastes (except wastewater 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. (H)  F022 Wastes (except wastewater 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. (H)  F023 Wastes (except wastewater 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.). (H)   F024 Process wastes, including 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.). (T)  F025 Condensed light ends, 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. (T)  F026 Wastes (except wastewater 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. (H)  F027 Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.). (H)  F028 Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027. (T)  **F032 Wastewaters (except those 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 (T)  **F034 Wastewaters (except those 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 (T)  **F035 Wastewaters (except those 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 (T)  F037 Petroleum refinery 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 oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in: oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological 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. (T)   F038 Petroleum refinery 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. (T)  F039 Leachate resulting from the treatment, storage, or disposal of wastes classified by more than one waste code under subpart D, or from a mixture of wastes classified under subparts C and D of this part. (Leachate resulting from the management of one or more of the following EPA Hazardous Wastes and no other hazardous wastes retains its hazardous waste code(s): F020, F021, F022, F023, F026, F027, and/or F028.). (T) 
  FOOTNOTE: *(I,T) should be used to specify mixtures containing ignitable and toxic constituents.  
 (b) Listing Specific Definitions: (1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.
 (2) (i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or 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 employs a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
 (ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually treated in the aggressive biological treatment unit.
 (3) (i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
 (ii) For the purposes of the F038 listing,.
 (A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and.
 (B) floats are considered to be generated at the moment they are formed in the top of the unit.
[46 FR 4617, Jan. 16, 1981].
Editorial Note: For Federal Register citations affecting  261.31, see the List of CFR Sections Affected in the Finding Aids section of this volume.
261.32 Hazardous wastes from specific sources.
The following solid wastes are listed hazardous wastes from 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  Wood preservation:    K001 Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol. (T)  Inorganic pigments:    K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments. (T)  K003 Wastewater treatment sludge from the production of molybdate orange pigments. (T)  K004 Wastewater treatment sludge from the production of zinc yellow pigments. (T)  K005 Wastewater treatment sludge from the production of chrome green pigments. (T)  K006 Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated). (T)  K007 Wastewater treatment sludge from the production of iron blue pigments. (T)  K008 Oven residue from the production of chrome oxide green pigments. (T)  Organic chemicals:    K009 Distillation bottoms from the production of acetaldehyde from ethylene. (T)  K010 Distillation side cuts from the production of acetaldehyde from ethylene. (T)  K011 Bottom stream from the wastewater stripper in the production of acrylonitrile. (R, T)  K013 Bottom stream from the acetonitrile column in the production of acrylonitrile. (R, T)  K014 Bottoms from the acetonitrile purification column in the production of acrylonitrile. (T)  K015 Still bottoms from the distillation of benzyl chloride. (T)  K016 Heavy ends or distillation residues from the production of carbon tetrachloride. (T)  K017 Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin. (T)  K018 Heavy ends from the fractionation column in ethyl chloride production. (T)  K019 Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production. (T)  K020 Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production. (T)  K021 Aqueous spent antimony catalyst waste from fluoromethanes production. (T)  K022 Distillation bottom tars from the production of phenol/acetone from cumene. (T)   K023 Distillation light ends from the production of phthalic anhydride from naphthalene. (T)  K024 Distillation bottoms from the production of phthalic anhydride from naphthalene. (T)  K025 Distillation bottoms from the production of nitrobenzene by the nitration of benzene. (T)  K026 Stripping still tails from the production of methy ethyl pyridines. (T)  K027 Centrifuge and distillation residues from toluene diisocyanate production. (R, T)  K028 Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane. (T)  K029 Waste from the product steam stripper in the production of 1,1,1-trichloroethane. (T)  K030 Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene. (T)  K083 Distillation bottoms from aniline production. (T)  K085 Distillation or fractionation column bottoms from the production of chlorobenzenes. (T)  K093 Distillation light ends from the production of phthalic anhydride from ortho-xylene. (T)  K094 Distillation bottoms from the production of phthalic anhydride from ortho-xylene. (T)  K095 Distillation bottoms from the production of 1,1,1-trichloroethane. (T)  K096 Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane. (T)  K103 Process residues from aniline extraction from the production of aniline. (T)  K104 Combined wastewater streams generated from nitrobenzene/aniline production. (T)  K105 Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes. (T)  K107 Column bottoms from product separation from the production of 1,1-dimethyl-hydrazine (UDMH) from carboxylic acid hydrazines. (C,T)  K108 Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. (I,T)  K109 Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. (T)  K110 Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. (T)  K111  Product washwaters from the production of dinitrotoluene via nitration of toluene. (C,T)  K112 Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene. (T)  K113 Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. (T)  K114 Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. (T)  K115 Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. (T)   K116 Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine. (T)  K117 Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene. (T)  K118 Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene. (T)  K136 Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene. (T)  **K149 Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, (This waste does not include still bottoms from the distillation of benzyl chloride.). (T)  **K150 Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (T)  **K151 Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (T)  Inorganic chemicals:    K071 Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used. (T)  K073 Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production. (T)  K106 Wastewater treatment sludge from the mercury cell process in chlorine production. (T)  Pesticides:    K031 By-product salts generated in the production of MSMA and cacodylic acid. (T)  K032 Wastewater treatment sludge from the production of chlordane. (T)  K033 Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane. (T)  K034 Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane. (T)  K035 Wastewater treatment sludges generated in the production of creosote. (T)  K036 Still bottoms from toluene reclamation distillation in the production of disulfoton. (T)  K037 Wastewater treatment sludges from the production of disulfoton. (T)  K038 Wastewater from the washing and stripping of phorate production. (T)  K039 Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate. (T)  K040 Wastewater treatment sludge from the production of phorate. (T)  K041 Wastewater treatment sludge from the production of toxaphene. (T)  K042 Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T. (T)  K043 2,6-Dichlorophenol waste from the production of 2,4-D. (T)   K097 Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane. (T)  K098 Untreated process wastewater from the production of toxaphene. (T)  K099 Untreated wastewater from the production of 2,4-D. (T)  K123 Process wastewater (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salt. (T)  K124 Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts. (C, T)  K125 Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts. (T)  K126 Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts. (T)  K131 Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide. (C,T)  K132 Spent absorbent and wastewater separator solids from the production of methyl bromide. (T)  Explosives:    K044 Wastewater treatment sludges from the manufacturing and processing of explosives. (R)  K045 Spent carbon from the treatment of wastewater containing explosives. (R)  K046 Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds. (T)  K047 Pink/red water from TNT operations. (R)  Petroleum refining:    K048 Dissolved air flotation (DAF) float from the petroleum refining industry. (T)  K049 Slop oil emulsion solids from the petroleum refining industry. (T)  K050 Heat exchanger bundle cleaning sludge from the petroleum refining industry. (T)  K051 API separator sludge from the petroleum refining industry. (T)  K052 Tank bottoms (leaded) from the petroleum refining industry. (T)  Iron and steel:    K061 Emission control dust/sludge from the primary production of steel in electric furnaces. (T)  K062 Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332). (C,T)  Primary copper:    K064 Acid plant blowdown slurry/sludge resulting from the thickening of blowdown slurry from primary copper production. (T)  Primary lead:    K065 Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities. (T)  Primary zinc:     K066 Sludge from treatment of process wastewater and/or acid plant blowdown from primary zinc production. (T)  Primary aluminum:    K088 Spent potliners from primary aluminum reduction. (T)  Ferroalloys:    K090 Emission control dust or sludge from ferrochromiumsilicon production. (T)  K091 Emission control dust or sludge from ferrochromium production (T)  Secondary lead:    K069 Emission control dust/sludge from secondary lead smelting. (Note: This listing is stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. If EPA takes further action effecting this stay, EPA will publish a notice of the action in the Federal Register). (T)  K100 Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting. (T)  Veterinary pharmaceuticals:    K084 Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds. (T)  K101 Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds. (T)  K102 Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds. (T)  Ink formulation:    K086 Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead. (T)  Coking:    K060 Ammonia still lime sludge from coking operations. (T)  K087 Decanter tank tar sludge from coking operations. (T)  
[46 FR 4618, Jan. 16, 1981].
Editorial Note: For Federal Register citations affecting  261.32, see the List of CFR Sections Affected in the Finding Aids section of this volume.
261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.
 The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in  261.2(a)(2)(i), when they are mixed with waste oil or used 
oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.
 (a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section.
 (b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section.
 (c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section, unless the container is empty as defined in  261.7(b) of this chapter.
[Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, EPA considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.].
 (d) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section.
[Comment: The phrase commercial chemical product or manufacturing chemical intermediate having the generic name listed in   refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole 
active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either  261.31 or  261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.].
 (e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to be the small quantity exclusion defined in  261.5(e).
[Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity.].
 These wastes and their corresponding EPA Hazardous Waste Numbers are:.
     Hazardous  waste No.  Chemical  abstracts No.  Substance  P023  107-20-0 Acetaldehyde, chloro-  P002  591-08-2 Acetamide, N-(aminothioxomethyl)-  P057  640-19-7 Acetamide, 2-fluoro-  P058  62-74-8 Acetic acid, fluoro-, sodium salt  P002  591-08-2 1-Acetyl-2-thiourea  P003  107-02-8 Acrolein  P070  116-06-3 Aldicarb  P004  309-00-2 Aldrin  P005  107-18-6 Allyl alcohol  P006  20859-73-8 Aluminum phosphide (R,T)  P007  2763-96-4 5-(Aminomethyl)-3-isoxazolol  P008  504-24-5 4-Aminopyridine  P009  131-74-8 Ammonium picrate (R)  P119  7803-55-6 Ammonium vanadate  P099  506-61-6 Argentate(1-), bis(cyano-C)-, potassium  P010  7778-39-4  Arsenic acid H3AsO4  P012  1327-53-3  Arsenic oxide As2O3  P011  1303-28-2  Arsenic oxide As2O5  P011  1303-28-2 Arsenic pentoxide   P012  1327-53-3 Arsenic trioxide  P038  692-42-2 Arsine, diethyl-  P036  696-28-6 Arsonous dichloride, phenyl-  P054  151-56-4 Aziridine  P067  75-55-8 Aziridine, 2-methyl-  P013  542-62-1 Barium cyanide  P024  106-47-8 Benzenamine, 4-chloro-  P077  100-01-6 Benzenamine, 4-nitro-  P028  100-44-7 Benzene, (chloromethyl)-  P042  51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-  P046  122-09-8 Benzeneethanamine, alpha,alpha-dimethyl-  P014  108-98-5 Benzenethiol  P001   181-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3%  P028  100-44-7 Benzyl chloride  P015  7440-41-7 Beryllium  P017  598-31-2 Bromoacetone  P018  357-57-3 Brucine  P045  39196-18-4 2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[methylamino)carbonyl] oxime  P021  592-01-8 Calcium cyanide  P021  592-01-8  Calcium cyanide Ca(CN)2  P022  75-15-0 Carbon disulfide  P095  75-44-5 Carbonic dichloride  P023  107-20-0 Chloroacetaldehyde  P024  106-47-8 p-Chloroaniline  P026  5344-82-1 1-(o-Chlorophenyl)thiourea  P027  542-76-7 3-Chloropropionitrile  P029  544-92-3 Copper cyanide  P029  544-92-3 Copper cyanide Cu(CN)  P030   Cyanides (soluble cyanide salts), not otherwise specified  P031  460-19-5 Cyanogen  P033  506-77-4 Cyanogen chloride  P033  506-77-4 Cyanogen chloride (CN)Cl  P034  131-89-5 2-Cyclohexyl-4,6-dinitrophenol  P016  542-88-1 Dichloromethyl ether  P036  696-28-6 Dichlorophenylarsine  P037  60-57-1 Dieldrin  P038  692-42-2 Diethylarsine  P041  311-45-5 Diethyl-p-nitrophenyl phosphate  P040  297-97-2 O,O-Diethyl O-pyrazinyl phosphorothioate   P043  55-91-4 Diisopropylfluorophosphate (DFP)  P004  309-00-2 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-  P060  465-73-6 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-  P037  60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)-  P051   172-20-8 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta, 7aalpha)-, & metabolites  P044  60-51-5 Dimethoate  P046  122-09-8 alpha,alpha-Dimethylphenethylamine  P047   1534-52-1 4,6-Dinitro-o-cresol, & salts  P048  51-28-5 2,4-Dinitrophenol  P020  88-85-7 Dinoseb  P085  152-16-9 Diphosphoramide, octamethyl-  P111  107-49-3 Diphosphoric acid, tetraethyl ester  P039  298-04-4 Disulfoton  P049  541-53-7 Dithiobiuret  P050  115-29-7 Endosulfan  P088  145-73-3 Endothall  P051  72-20-8 Endrin  P051  72-20-8 Endrin, & metabolites  P042  51-43-4 Epinephrine  P031  460-19-5 Ethanedinitrile  P066  16752-77-5 Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester  P101  107-12-0 Ethyl cyanide  P054  151-56-4 Ethyleneimine  P097  52-85-7 Famphur  P056  7782-41-4 Fluorine  P057  640-19-7 Fluoroacetamide  P058  62-74-8 Fluoroacetic acid, sodium salt  P065  628-86-4 Fulminic acid, mercury(2+) salt (R,T)  P059  76-44-8 Heptachlor  P062  757-58-4 Hexaethyl tetraphosphate  P116  79-19-6 Hydrazinecarbothioamide  P068  60-34-4 Hydrazine, methyl-  P063  74-90-8 Hydrocyanic acid  P063  74-90-8 Hydrogen cyanide  P096  7803-51-2 Hydrogen phosphide  P060  465-73-6 Isodrin   P007  2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-  P092  62-38-4 Mercury, (acetato-O)phenyl-  P065  628-86-4 Mercury fulminate (R,T)  P082  62-75-9 Methanamine, N-methyl-N-nitroso-  P064  624-83-9 Methane, isocyanato-  P016  542-88-1 Methane, oxybis[chloro-  P112  509-14-8 Methane, tetranitro- (R)  P118  75-70-7 Methanethiol, trichloro-  P050  115-29-7 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide  P059  76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro-  P066  16752-77-5 Methomyl  P068  60-34-4 Methyl hydrazine  P064  624-83-9 Methyl isocyanate  P069  75-86-5 2-Methyllactonitrile  P071  298-00-0 Methyl parathion  P072  86-88-4 alpha-Naphthylthiourea  P073  13463-39-3 Nickel carbonyl  P073  13463-39-3  Nickel carbonyl Ni(CO)4, (T-4)-  P074  557-19-7 Nickel cyanide  P074  557-19-7  Nickel cynaide Ni(CN)2  P075   154-11-5 Nicotine, & salts  P076  10102-43-9 Nitric oxide  P077  100-01-6 p-Nitroaniline  P078  10102-44-0 Nitrogen dioxide  P076  10102-43-9 Nitrogen oxide NO  P078  10102-44-0  Nitrogen oxide NO2  P081  55-63-0 Nitroglycerine (R)  P082  62-75-9 N-Nitrosodimethylamine  P084  4549-40-0 N-Nitrosomethylvinylamine  P085  152-16-9 Octamethylpyrophosphoramide  P087  20816-12-0  Osmium oxide OsO4, (T-4)-  P087  20816-12-0 Osmium tetroxide  P088  145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid  P089  56-38-2 Parathion  P034  131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-  P048  51-28-5 Phenol, 2,4-dinitro-  P047   1534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts  P020  88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-  P009  131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt (R)   P092  62-38-4 Phenylmercury acetate  P093  103-85-5 Phenylthiourea  P094  298-02-2 Phorate  P095  75-44-5 Phosgene  P096  7803-51-2 Phosphine  P041  311-45-5 Phosphoric acid, diethyl 4-nitrophenyl ester  P039  298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester  P094  298-02-2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester  P044  60-51-5 Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester  P043  55-91-4 Phosphorofluoridic acid, bis(1-methylethyl) ester  P089  56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester  P040  297-97-2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester  P097  52-85-7 Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester  P071  298-00-0 Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester  P110  78-00-2 Plumbane, tetraethyl-  P098  151-50-8 Potassium cyanide  P098  151-50-8 Potassium cyanide K(CN)  P099  506-61-6 Potassium silver cyanide  P070  116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime  P101  107-12-0 Propanenitrile  P027  542-76-7 Propanenitrile, 3-chloro-  P069  75-86-5 Propanenitrile, 2-hydroxy-2-methyl-  P081  55-63-0 1,2,3-Propanetriol, trinitrate (R)  P017  598-31-2 2-Propanone, 1-bromo-  P102  107-19-7 Propargyl alcohol  P003  107-02-8 2-Propenal  P005  107-18-6 2-Propen-1-ol  P067  75-55-8 1,2-Propylenimine  P102  107-19-7 2-Propyn-1-ol  P008  504-24-5 4-Pyridinamine  P075   154-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts  P114  12039-52-0 Selenious acid, dithallium(1+) salt  P103  630-10-4 Selenourea  P104  506-64-9 Silver cyanide  P104  506-64-9 Silver cyanide Ag(CN)  P105  26628-22-8 Sodium azide  P106  143-33-9 Sodium cyanide  P106  143-33-9 Sodium cyanide Na(CN)  P108   157-24-9 Strychnidin-10-one, & salts   P018  357-57-3 Strychnidin-10-one, 2,3-dimethoxy-  P108   157-24-9 Strychnine, & salts  P115  7446-18-6 Sulfuric acid, dithallium(1+) salt  P109  3689-24-5 Tetraethyldithiopyrophosphate  P110  78-00-2 Tetraethyl lead  P111  107-49-3 Tetraethyl pyrophosphate  P112  509-14-8 Tetranitromethane (R)  P062  757-58-4 Tetraphosphoric acid, hexaethyl ester  P113  1314-32-5 Thallic oxide  P113  1314-32-5  Thallium oxide Tl2O3  P114  12039-52-0 Thallium(I) selenite  P115  7446-18-6 Thallium(I) sulfate  P109  3689-24-5 Thiodiphosphoric acid, tetraethyl ester  P045  39196-18-4 Thiofanox  P049  541-53-7  Thioimidodicarbonic diamide [(H2N)C(S)]2NH  P014  108-98-5 Thiophenol  P116  79-19-6 Thiosemicarbazide  P026  5344-82-1 Thiourea, (2-chlorophenyl)-  P072  86-88-4 Thiourea, 1-naphthalenyl-  P093  103-85-5 Thiourea, phenyl-  P123  8001-35-2 Toxaphene  P118  75-70-7 Trichloromethanethiol  P119  7803-55-6 Vanadic acid, ammonium salt  P120  1314-62-1  Vanadium oxide V2O5  P120  1314-62-1 Vanadium pentoxide  P084  4549-40-0 Vinylamine, N-methyl-N-nitroso-  P001   181-81-2 Warfarin, & salts, when present at concentrations greater than 0.3%  P121  557-21-1 Zinc cyanide  P121  557-21-1  Zinc cyanide Zn(CN)2  P122  1314-84-7  Zinc phosphide Zn3P2, when present at concentrations greater than 10% (R,T) 
  FOOTNOTE: 1CAS Number given for parent compound only.  
 (f) The commercial chemical products, manfacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in  261.5 (a) and (g).
[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I 
(Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.].
 These wastes and their corresponding EPA Hazardous Waste Numbers are:.
     Hazardous  waste No.  Chemical  abstracts No.  Substance  U001  75-07-0 Acetaldehyde (I)  U034  75-87-6 Acetaldehyde, trichloro-  U187  62-44-2 Acetamide, N-(4-ethoxyphenyl)-  U005  53-96-3 Acetamide, N-9H-fluoren-2-yl-  U240   194-75-7 Acetic acid, (2,4-dichlorophenoxy)-, salts & esters  U112  141-78-6 Acetic acid ethyl ester (I)  U144  301-04-2 Acetic acid, lead(2+) salt  U214  563-68-8 Acetic acid, thallium(1+) salt  see F027  93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-  U002  67-64-1 Acetone (I)  U003  75-05-8 Acetonitrile (I,T)  U004  98-86-2 Acetophenone  U005  53-96-3 2-Acetylaminofluorene  U006  75-36-5 Acetyl chloride (C,R,T)  U007  79-06-1 Acrylamide  U008  79-10-7 Acrylic acid (I)  U009  107-13-1 Acrylonitrile  U011  61-82-5 Amitrole  U012  62-53-3 Aniline (I,T)  U136  75-60-5 Arsinic acid, dimethyl-  U014  492-80-8 Auramine  U015  115-02-6 Azaserine  U010  50-07-7 Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-  U157  56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-  U016  225-51-4 Benz[c]acridine  U017  98-87-3 Benzal chloride  U192  23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-  U018  56-55-3 Benz[a]anthracene  U094  57-97-6 Benz[a]anthracene, 7,12-dimethyl-  U012  62-53-3 Benzenamine (I,T)  U014  492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-  U049  3165-93-3 Benzenamine, 4-chloro-2-methyl-, hydrochloride   U093  60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)-  U328  95-53-4 Benzenamine, 2-methyl-  U353  106-49-0 Benzenamine, 4-methyl-  U158  101-14-4 Benzenamine, 4,4'-methylenebis[2-chloro-  U222  636-21-5 Benzenamine, 2-methyl-, hydrochloride  U181  99-55-8 Benzenamine, 2-methyl-5-nitro-  U019  71-43-2 Benzene (I,T)  U038  510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester  U030  101-55-3 Benzene, 1-bromo-4-phenoxy-  U035  305-03-3 Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-  U037  108-90-7 Benzene, chloro-  U221  25376-45-8 Benzenediamine, ar-methyl-  U028  117-81-7 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester  U069  84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester  U088  84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester  U102  131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester  U107  117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester  U070  95-50-1 Benzene, 1,2-dichloro-  U071  541-73-1 Benzene, 1,3-dichloro-  U072  106-46-7 Benzene, 1,4-dichloro-  U060  72-54-8 Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-  U017  98-87-3 Benzene, (dichloromethyl)-  U223  26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)  U239  1330-20-7 Benzene, dimethyl- (I,T)  U201  108-46-3 1,3-Benzenediol  U127  118-74-1 Benzene, hexachloro-  U056  110-82-7 Benzene, hexahydro- (I)  U220  108-88-3 Benzene, methyl-  U105  121-14-2 Benzene, 1-methyl-2,4-dinitro-  U106  606-20-2 Benzene, 2-methyl-1,3-dinitro-  U055  98-82-8 Benzene, (1-methylethyl)- (I)  U169  98-95-3 Benzene, nitro-  U183  608-93-5 Benzene, pentachloro-  U185  82-68-8 Benzene, pentachloronitro-  U020  98-09-9 Benzenesulfonic acid chloride (C,R)  U020  98-09-9 Benzenesulfonyl chloride (C,R)  U207  95-94-3 Benzene, 1,2,4,5-tetrachloro-  U061  50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-  U247  72-43-5 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4- methoxy-   U023  98-07-7 Benzene, (trichloromethyl)-  U234  99-35-4 Benzene, 1,3,5-trinitro-  U021  92-87-5 Benzidine  U202   181-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts  U203  94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-  U141  120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-  U090  94-58-6 1,3-Benzodioxole, 5-propyl-  U064  189-55-9 Benzo[rst]pentaphene  U248   181-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less  U022  50-32-8 Benzo[a]pyrene  U197  106-51-4 p-Benzoquinone  U023  98-07-7 Benzotrichloride (C,R,T)  U085  1464-53-5 2,2'-Bioxirane  U021  92-87-5 [1,1'-Biphenyl]-4,4'-diamine  U073  91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-  U091  119-90-4 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-  U095  119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-  U225  75-25-2 Bromoform  U030  101-55-3 4-Bromophenyl phenyl ether  U128  87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-  U172  924-16-3 1-Butanamine, N-butyl-N-nitroso-  U031  71-36-3 1-Butanol (I)  U159  78-93-3 2-Butanone (I,T)  U160  1338-23-4 2-Butanone, peroxide (R,T)  U053  4170-30-3 2-Butenal  U074  764-41-0 2-Butene, 1,4-dichloro- (I,T)  U143  303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy- 2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]- 2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-  U031  71-36-3 n-Butyl alcohol (I)  U136  75-60-5 Cacodylic acid  U032  13765-19-0 Calcium chromate  U238  51-79-6 Carbamic acid, ethyl ester  U178  615-53-2 Carbamic acid, methylnitroso-, ethyl ester  U097  79-44-7 Carbamic chloride, dimethyl-  U114   1111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters  U062  2303-16-4 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester  U215  6533-73-9 Carbonic acid, dithallium(1+) salt  U033  353-50-4 Carbonic difluoride   U156  79-22-1 Carbonochloridic acid, methyl ester (I,T)  U033  353-50-4 Carbon oxyfluoride (R,T)  U211  56-23-5 Carbon tetrachloride  U034  75-87-6 Chloral  U035  305-03-3 Chlorambucil  U036  57-74-9 Chlordane, alpha & gamma isomers  U026  494-03-1 Chlornaphazin  U037  108-90-7 Chlorobenzene  U038  510-15-6 Chlorobenzilate  U039  59-50-7 p-Chloro-m-cresol  U042  110-75-8 2-Chloroethyl vinyl ether  U044  67-66-3 Chloroform  U046  107-30-2 Chloromethyl methyl ether  U047  91-58-7 beta-Chloronaphthalene  U048  95-57-8 o-Chlorophenol  U049  3165-93-3 4-Chloro-o-toluidine, hydrochloride  U032  13765-19-0  Chromic acid H2CrO4, calcium salt  U050  218-01-9 Chrysene  U051   Creosote  U052  1319-77-3 Cresol (Cresylic acid)  U053  4170-30-3 Crotonaldehyde  U055  98-82-8 Cumene (I)  U246  506-68-3 Cyanogen bromide (CN)Br  U197  106-51-4 2,5-Cyclohexadiene-1,4-dione  U056  110-82-7 Cyclohexane (I)  U129  58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-  U057  108-94-1 Cyclohexanone (I)  U130  77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-  U058  50-18-0 Cyclophosphamide  U240   194-75-7 2,4-D, salts & esters  U059  20830-81-3 Daunomycin  U060  72-54-8 DDD  U061  50-29-3 DDT  U062  2303-16-4 Diallate  U063  53-70-3 Dibenz[a,h]anthracene  U064  189-55-9 Dibenzo[a,i]pyrene  U066  96-12-8 1,2-Dibromo-3-chloropropane  U069  84-74-2 Dibutyl phthalate  U070  95-50-1 o-Dichlorobenzene   U071  541-73-1 m-Dichlorobenzene  U072  106-46-7 p-Dichlorobenzene  U073  91-94-1 3,3'-Dichlorobenzidine  U074  764-41-0 1,4-Dichloro-2-butene (I,T)  U075  75-71-8 Dichlorodifluoromethane  U078  75-35-4 1,1-Dichloroethylene  U079  156-60-5 1,2-Dichloroethylene  U025  111-44-4 Dichloroethyl ether  U027  108-60-1 Dichloroisopropyl ether  U024  111-91-1 Dichloromethoxy ethane  U081  120-83-2 2,4-Dichlorophenol  U082  87-65-0 2,6-Dichlorophenol  U084  542-75-6 1,3-Dichloropropene  U085  1464-53-5 1,2:3,4-Diepoxybutane (I,T)  U108  123-91-1 1,4-Diethyleneoxide  U028  117-81-7 Diethylhexyl phthalate  U086  1615-80-1 N,N'-Diethylhydrazine  U087  3288-58-2 O,O-Diethyl S-methyl dithiophosphate  U088  84-66-2 Diethyl phthalate  U089  56-53-1 Diethylstilbesterol  U090  94-58-6 Dihydrosafrole  U091  119-90-4 3,3'-Dimethoxybenzidine  U092  124-40-3 Dimethylamine (I)  U093  60-11-7 p-Dimethylaminoazobenzene  U094  57-97-6 7,12-Dimethylbenz[a]anthracene  U095  119-93-7 3,3'-Dimethylbenzidine  U096  80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide (R)  U097  79-44-7 Dimethylcarbamoyl chloride  U098  57-14-7 1,1-Dimethylhydrazine  U099  540-73-8 1,2-Dimethylhydrazine  U101  105-67-9 2,4-Dimethylphenol  U102  131-11-3 Dimethyl phthalate  U103  77-78-1 Dimethyl sulfate  U105  121-14-2 2,4-Dinitrotoluene  U106  606-20-2 2,6-Dinitrotoluene  U107  117-84-0 Di-n-octyl phthalate  U108  123-91-1 1,4-Dioxane  U109  122-66-7 1,2-Diphenylhydrazine  U110  142-84-7 Dipropylamine (I)  U111  621-64-7 Di-n-propylnitrosamine   U041  106-89-8 Epichlorohydrin  U001  75-07-0 Ethanal (I)  U174  55-18-5 Ethanamine, N-ethyl-N-nitroso-  U155  91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-  U067  106-93-4 Ethane, 1,2-dibromo-  U076  75-34-3 Ethane, 1,1-dichloro-  U077  107-06-2 Ethane, 1,2-dichloro-  U131  67-72-1 Ethane, hexachloro-  U024  111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-  U117  60-29-7 Ethane, 1,1'-oxybis-(I)  U025  111-44-4 Ethane, 1,1'-oxybis[2-chloro-  U184  76-01-7 Ethane, pentachloro-  U208  630-20-6 Ethane, 1,1,1,2-tetrachloro-  U209  79-34-5 Ethane, 1,1,2,2-tetrachloro-  U218  62-55-5 Ethanethioamide  U226  71-55-6 Ethane, 1,1,1-trichloro-  U227  79-00-5 Ethane, 1,1,2-trichloro-  U359  110-80-5 Ethanol, 2-ethoxy-  U173  1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis-  U004  98-86-2 Ethanone, 1-phenyl-  U043  75-01-4 Ethene, chloro-  U042  110-75-8 Ethene, (2-chloroethoxy)-  U078  75-35-4 Ethene, 1,1-dichloro-  U079  156-60-5 Ethene, 1,2-dichloro-, (E)-  U210  127-18-4 Ethene, tetrachloro-  U228  79-01-6 Ethene, trichloro-  U112  141-78-6 Ethyl acetate (I)  U113  140-88-5 Ethyl acrylate (I)  U238  51-79-6 Ethyl carbamate (urethane)  U117  60-29-7 Ethyl ether (I)  U114   1111-54-6 Ethylenebisdithiocarbamic acid, salts & esters  U067  106-93-4 Ethylene dibromide  U077  107-06-2 Ethylene dichloride  U359  110-80-5 Ethylene glycol monoethyl ether  U115  75-21-8 Ethylene oxide (I,T)  U116  96-45-7 Ethylenethiourea  U076  75-34-3 Ethylidene dichloride  U118  97-63-2 Ethyl methacrylate  U119  62-50-0 Ethyl methanesulfonate   U120  206-44-0 Fluoranthene  U122  50-00-0 Formaldehyde  U123  64-18-6 Formic acid (C,T)  U124  110-00-9 Furan (I)  U125  98-01-1 2-Furancarboxaldehyde (I)  U147  108-31-6 2,5-Furandione  U213  109-99-9 Furan, tetrahydro-(I)  U125  98-01-1 Furfural (I)  U124  110-00-9 Furfuran (I)  U206  18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-  U206  18883-66-4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)- carbonyl]amino]-  U126  765-34-4 Glycidylaldehyde  U163  70-25-7 Guanidine, N-methyl-N'-nitro-N-nitroso-  U127  118-74-1 Hexachlorobenzene  U128  87-68-3 Hexachlorobutadiene  U130  77-47-4 Hexachlorocyclopentadiene  U131  67-72-1 Hexachloroethane  U132  70-30-4 Hexachlorophene  U243  1888-71-7 Hexachloropropene  U133  302-01-2 Hydrazine (R,T)  U086  1615-80-1 Hydrazine, 1,2-diethyl-  U098  57-14-7 Hydrazine, 1,1-dimethyl-  U099  540-73-8 Hydrazine, 1,2-dimethyl-  U109  122-66-7 Hydrazine, 1,2-diphenyl-  U134  7664-39-3 Hydrofluoric acid (C,T)  U134  7664-39-3 Hydrogen fluoride (C,T)  U135  7783-06-4 Hydrogen sulfide  U135  7783-06-4  Hydrogen sulfide H2S  U096  80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl- (R)  U116  96-45-7 2-Imidazolidinethione  U137  193-39-5 Indeno[1,2,3-cd]pyrene  U190  85-44-9 1,3-Isobenzofurandione  U140  78-83-1 Isobutyl alcohol (I,T)  U141  120-58-1 Isosafrole  U142  143-50-0 Kepone  U143  303-34-4 Lasiocarpine  U144  301-04-2 Lead acetate  U146  1335-32-6 Lead, bis(acetato-O)tetrahydroxytri-  U145  7446-27-7 Lead phosphate   U146  1335-32-6 Lead subacetate  U129  58-89-9 Lindane  U163  70-25-7 MNNG  U147  108-31-6 Maleic anhydride  U148  123-33-1 Maleic hydrazide  U149  109-77-3 Malononitrile  U150  148-82-3 Melphalan  U151  7439-97-6 Mercury  U152  126-98-7 Methacrylonitrile (I, T)  U092  124-40-3 Methanamine, N-methyl- (I)  U029  74-83-9 Methane, bromo-  U045  74-87-3 Methane, chloro- (I, T)  U046  107-30-2 Methane, chloromethoxy-  U068  74-95-3 Methane, dibromo-  U080  75-09-2 Methane, dichloro-  U075  75-71-8 Methane, dichlorodifluoro-  U138  74-88-4 Methane, iodo-  U119  62-50-0 Methanesulfonic acid, ethyl ester  U211  56-23-5 Methane, tetrachloro-  U153  74-93-1 Methanethiol (I, T)  U225  75-25-2 Methane, tribromo-  U044  67-66-3 Methane, trichloro-  U121  75-69-4 Methane, trichlorofluoro-  U036  57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-  U154  67-56-1 Methanol (I)  U155  91-80-5 Methapyrilene  U142  143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-  U247  72-43-5 Methoxychlor  U154  67-56-1 Methyl alcohol (I)  U029  74-83-9 Methyl bromide  U186  504-60-9 1-Methylbutadiene (I)  U045  74-87-3 Methyl chloride (I,T)  U156  79-22-1 Methyl chlorocarbonate (I,T)  U226  71-55-6 Methyl chloroform  U157  56-49-5 3-Methylcholanthrene  U158  101-14-4 4,4'-Methylenebis(2-chloroaniline)  U068  74-95-3 Methylene bromide  U080  75-09-2 Methylene chloride  U159  78-93-3 Methyl ethyl ketone (MEK) (I,T)   U160  1338-23-4 Methyl ethyl ketone peroxide (R,T)  U138  74-88-4 Methyl iodide  U161  108-10-1 Methyl isobutyl ketone (I)  U162  80-62-6 Methyl methacrylate (I,T)  U161  108-10-1 4-Methyl-2-pentanone (I)  U164  56-04-2 Methylthiouracil  U010  50-07-7 Mitomycin C  U059  20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl) oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)-  U167  134-32-7 1-Naphthalenamine  U168  91-59-8 2-Naphthalenamine  U026  494-03-1 Naphthalenamine, N,N'-bis(2-chloroethyl)-  U165  91-20-3 Naphthalene  U047  91-58-7 Naphthalene, 2-chloro-  U166  130-15-4 1,4-Naphthalenedione  U236  72-57-1 2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'- dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt  U166  130-15-4 1,4-Naphthoquinone  U167  134-32-7 alpha-Naphthylamine  U168  91-59-8 beta-Naphthylamine  U217  10102-45-1 Nitric acid, thallium(1+) salt  U169  98-95-3 Nitrobenzene (I,T)  U170  100-02-7 p-Nitrophenol  U171  79-46-9 2-Nitropropane (I,T)  U172  924-16-3 N-Nitrosodi-n-butylamine  U173  1116-54-7 N-Nitrosodiethanolamine  U174  55-18-5 N-Nitrosodiethylamine  U176  759-73-9 N-Nitroso-N-ethylurea  U177  684-93-5 N-Nitroso-N-methylurea  U178  615-53-2 N-Nitroso-N-methylurethane  U179  100-75-4 N-Nitrosopiperidine  U180  930-55-2 N-Nitrosopyrrolidine  U181  99-55-8 5-Nitro-o-toluidine  U193  1120-71-4 1,2-Oxathiolane, 2,2-dioxide  U058  50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide  U115  75-21-8 Oxirane (I,T)  U126  765-34-4 Oxiranecarboxyaldehyde  U041  106-89-8 Oxirane, (chloromethyl)-  U182  123-63-7 Paraldehyde   U183  608-93-5 Pentachlorobenzene  U184  76-01-7 Pentachloroethane  U185  82-68-8 Pentachloronitrobenzene (PCNB)  See F027  87-86-5 Pentachlorophenol  U161  108-10-1 Pentanol, 4-methyl-  U186  504-60-9 1,3-Pentadiene (I)  U187  62-44-2 Phenacetin  U188  108-95-2 Phenol  U048  95-57-8 Phenol, 2-chloro-  U039  59-50-7 Phenol, 4-chloro-3-methyl-  U081  120-83-2 Phenol, 2,4-dichloro-  U082  87-65-0 Phenol, 2,6-dichloro-  U089  56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-  U101  105-67-9 Phenol, 2,4-dimethyl-  U052  1319-77-3 Phenol, methyl-  U132  70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloro-  U170  100-02-7 Phenol, 4-nitro-  See F027  87-86-5 Phenol, pentachloro-  See F027  58-90-2 Phenol, 2,3,4,6-tetrachloro-  See F027  95-95-4 Phenol, 2,4,5-trichloro-  See F027  88-06-2 Phenol, 2,4,6-trichloro-  U150  148-82-3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-  U145  7446-27-7 Phosphoric acid, lead(2+) salt (2:3)  U087  3288-58-2 Phosphorodithioic acid, O,O-diethyl S-methyl ester  U189  1314-80-3 Phosphorus sulfide (R)  U190  85-44-9 Phthalic anhydride  U191  109-06-8 2-Picoline  U179  100-75-4 Piperidine, 1-nitroso-  U192  23950-58-5 Pronamide  U194  107-10-8 1-Propanamine (I,T)  U111  621-64-7 1-Propanamine, N-nitroso-N-propyl-  U110  142-84-7 1-Propanamine, N-propyl- (I)  U066  96-12-8 Propane, 1,2-dibromo-3-chloro-  U083  78-87-5 Propane, 1,2-dichloro-  U149  109-77-3 Propanedinitrile  U171  79-46-9 Propane, 2-nitro- (I,T)  U027  108-60-1 Propane, 2,2'-oxybis[2-chloro-  U193  1120-71-4 1,3-Propane sultone  See F027  93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)-  U235  126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1)   U140  78-83-1 1-Propanol, 2-methyl- (I,T)  U002  67-64-1 2-Propanone (I)  U007  79-06-1 2-Propenamide  U084  542-75-6 1-Propene, 1,3-dichloro-  U243  1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-  U009  107-13-1 2-Propenenitrile  U152  126-98-7 2-Propenenitrile, 2-methyl- (I,T)  U008  79-10-7 2-Propenoic acid (I)  U113  140-88-5 2-Propenoic acid, ethyl ester (I)  U118  97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester  U162  80-62-6 2-Propenoic acid, 2-methyl-, methyl ester (I,T)  U194  107-10-8 n-Propylamine (I,T)  U083  78-87-5 Propylene dichloride  U148  123-33-1 3,6-Pyridazinedione, 1,2-dihydro-  U196  110-86-1 Pyridine  U191  109-06-8 Pyridine, 2-methyl-  U237  66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2- chloroethyl)amino]-  U164  56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-  U180  930-55-2 Pyrrolidine, 1-nitroso-  U200  50-55-5 Reserpine  U201  108-46-3 Resorcinol  U202   181-07-2 Saccharin, & salts  U203  94-59-7 Safrole  U204  7783-00-8 Selenious acid  U204  7783-00-8 Selenium dioxide  U205  7488-56-4 Selenium sulfide  U205  7488-56-4  Selenium sulfide SeS2 (R,T)  U015  115-02-6 L-Serine, diazoacetate (ester)  See F027  93-72-1 Silvex (2,4,5-TP)  U206  18883-66-4 Streptozotocin  U103  77-78-1 Sulfuric acid, dimethyl ester  U189  1314-80-3 Sulfur phosphide (R)  See F027  93-76-5 2,4,5-T  U207  95-94-3 1,2,4,5-Tetrachlorobenzene  U208  630-20-6 1,1,1,2-Tetrachloroethane  U209  79-34-5 1,1,2,2-Tetrachloroethane  U210  127-18-4 Tetrachloroethylene  See F027  58-90-2 2,3,4,6-Tetrachlorophenol  U213  109-99-9 Tetrahydrofuran (I)   U214  563-68-8 Thallium(I) acetate  U215  6533-73-9 Thallium(I) carbonate  U216  7791-12-0 Thallium(I) chloride  U216  7791-12-0 Thallium chloride TlCl  U217  10102-45-1 Thallium(I) nitrate  U218  62-55-5 Thioacetamide  U153  74-93-1 Thiomethanol (I,T)  U244  137-26-8  Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl-  U219  62-56-6 Thiourea  U244  137-26-8 Thiram  U220  108-88-3 Toluene  U221  25376-45-8 Toluenediamine  U223  26471-62-5 Toluene diisocyanate (R,T)  U328  95-53-4 o-Toluidine  U353  106-49-0 p-Toluidine  U222  636-21-5 o-Toluidine hydrochloride  U011  61-82-5 1H-1,2,4-Triazol-3-amine  U227  79-00-5 1,1,2-Trichloroethane  U228  79-01-6 Trichloroethylene  U121  75-69-4 Trichloromonofluoromethane  See F027  95-95-4 2,4,5-Trichlorophenol  See F027  88-06-2 2,4,6-Trichlorophenol  U234  99-35-4 1,3,5-Trinitrobenzene (R,T)  U182  123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-  U235  126-72-7 Tris(2,3-dibromopropyl) phosphate  U236  72-57-1 Trypan blue  U237  66-75-1 Uracil mustard  U176  759-73-9 Urea, N-ethyl-N-nitroso-  U177  684-93-5 Urea, N-methyl-N-nitroso-  U043  75-01-4 Vinyl chloride  U248   181-81-2 Warfarin, & salts, when present at concentrations of 0.3% or less  U239  1330-20-7 Xylene (I)  U200  50-55-5 Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)-  U249  1314-84-7  Zinc phosphide Zn3P2, when present at concentrations of 10% or less 
  FOOTNOTE: 1CAS Number given for parent compound only.  
(Approved by the Office of Management and Budget under control number 2050-0047).
[45 FR 78529, 78541, Nov. 25, 1980].
Editorial Note: For Federal Register citations affecting  261.33, see the List of CFR Sections Affected in the Finding Aids section of this volume.
261.35  Deletion of certain hazardous waste codes following equipment cleaning and replacement.
 (a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
 (b) Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.
 (1) Generators shall do one of the following:.
 (i) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;.
 (ii) Prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or.
 (iii) Document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.
 (2) Cleaning Requirements.
 (i) Prepare and sign a written equipment cleaning plan that describes:.
 (A) The equipment to be cleaned;.
 (B) How the equipment will be cleaned;.
 (C) The solvent to be used in cleaning;.
 (D) How solvent rinses will be tested; and.
 (E) How cleaning residues will be disposed.
 (ii) Equipment must be cleaned as follows: 
  (A) Remove all visible residues from process equipment;.
 (B) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
 (iii) Analytical requirements.
 (A) Rinses must be tested in accordance with SW-846, Method 8290.
 (B) "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.
 (iv) The generator must manage all residues from the cleaning process as F032 waste.
 (3) Replacement requirements.
 (i) Prepare and sign a written equipment replacement plan that describes:.
 (A) The equipment to be replaced;.
 (B) How the equipment will be replaced; and.
 (C) How the equipment will be disposed.
 (ii) The generator must manage the discarded equipment as F032 waste.
 (4) Documentation requirements.
 (i) Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.
 (c) The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:.
 (1) The name and address of the facility;.
 (2) Formulations previously used and the date on which their use ceased in each process at the plant;.
 (3) Formulations currently used in each process at the plant;.
 (4) The equipment cleaning or replacement plan;.
 (5) The name and address of any persons who conducted the cleaning and replacement;.
 (6) The dates on which cleaning and replacement were accomplished;.
 (7) The dates of sampling and testing;.
 (8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;.
 (9) A description of the tests performed, the date the tests were performed, and the results of the tests;.
 (10) The name and model numbers of the instrument(s) used in performing the tests;.
 (11) QA/QC documentation; and.
 (12) The following statement signed by the generator or his authorized representative:.
 I certify under penalty of law that all process equipment required to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.
