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.
For
1. At 70 FR 9175, Feb. 24, 2005, § 261.32 was amended by:
a. Designating the existing text and table as paragraph (a),
b. In the table by adding a new entry in alphanumeric order (by first column) under the heading “Organic Chemicals”,
c. Adding paragraphs (b), (c) and (d), effective Aug. 23, 2005. For the convenience of the user, the added text is set forth as follows:
(a) * * *
(b)
(c)
(d)
(1)
(2)
(i) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.
(ii) Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator must comply with the requirements of paragraph (d)(3) of this section for the remainder of the year.
(iii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(iv) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
(A) The quantity of dyes and/or pigment nonwastewaters generated.
(B) The relevant process information used.
(C) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.
(3)
(i) Determine which K181 constituents (see paragraph (c) of this section) are reasonably expected to be present in the wastes based on knowledge of the wastes (
(ii) If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (d)(2) of this section and keep the records described in paragraph (d)(2)(iv) of this section. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described below in this section.
(iii) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:
(A) A discussion of the number of samples needed to characterize the wastes fully;
(B) The planned sample collection method to obtain representative waste samples;
(C) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.
(D) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.
(iv) Collect and analyze samples in accordance with the waste sampling and analysis plan.
(A) The sampling and analysis must be unbiased, precise, and representative of the wastes.
(B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the paragraph (c) of this section listing levels of this section.
(v) Record the analytical results.
(vi) Record the waste quantity represented by the sampling and analysis results.
(vii) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).
(viii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(ix) Determine whether the mass of any of the K181 constituents listed in paragraph (c) of this section generated between January 1 and December 31 of any year is below the K181 listing levels.
(x) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
(A) The sampling and analysis plan.
(B) The sampling and analysis results (including QA/QC data)
(C) The quantity of dyes and/or pigment nonwastewaters generated.
(D) The calculations performed to determine annual mass loadings.
(xi) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.
(A) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.
(B) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.
(C) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.
(4)
(5)
2. At 70 FR 35033, June 16, 2005, § 261.32 was amended by revising the introductory text to paragraph (d)(2) and paragraph (d)(3)(iv)(B), effective August 23, 2005. For the convenience of the user, the revised text is set forth as follows:
(d) * * *
(2)
(3) * * *
(iv) * * *
(B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of paragraph (c) of this section.