[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.32]

[Page 67-73]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 261_IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
 
                   Subpart D_Lists of Hazardous Wastes
 
Sec. 261.32  Hazardous wastes from specific sources.

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

[[Page 68]]



------------------------------------------------------------------------
   Industry and EPA hazardous
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Wood preservation: K001........  Bottom sediment sludge     (T)
                                  from the treatment of
                                  wastewaters from wood
                                  preserving processes
                                  that use creosote and/or
                                  pentachlorophenol.
Inorganic pigments:
  K002.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  yellow and orange
                                  pigments.
  K003.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of molybdate
                                  orange pigments.
  K004.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of zinc
                                  yellow pigments.
  K005.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  green pigments.
  K006.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  oxide green pigments
                                  (anhydrous and hydrated).
  K007.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of iron blue
                                  pigments.
  K008.........................  Oven residue from the      (T)
                                  production of chrome
                                  oxide green pigments.
Organic chemicals:
  K009.........................  Distillation bottoms from  (T)
                                  the production of
                                  acetaldehyde from
                                  ethylene.
  K010.........................  Distillation side cuts     (T)
                                  from the production of
                                  acetaldehyde from
                                  ethylene.
  K011.........................  Bottom stream from the     (R, T)
                                  wastewater stripper in
                                  the production of
                                  acrylonitrile.
  K013.........................  Bottom stream from the     (R, T)
                                  acetonitrile column in
                                  the production of
                                  acrylonitrile.
  K014.........................  Bottoms from the           (T)
                                  acetonitrile
                                  purification column in
                                  the production of
                                  acrylonitrile.
  K015.........................  Still bottoms from the     (T)
                                  distillation of benzyl
                                  chloride.
  K016.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the production of
                                  carbon tetrachloride.
  K017.........................  Heavy ends (still          (T)
                                  bottoms) from the
                                  purification column in
                                  the production of
                                  epichlorohydrin.
  K018.........................  Heavy ends from the        (T)
                                  fractionation column in
                                  ethyl chloride
                                  production.
  K019.........................  Heavy ends from the        (T)
                                  distillation of ethylene
                                  dichloride in ethylene
                                  dichloride production.
  K020.........................  Heavy ends from the        (T)
                                  distillation of vinyl
                                  chloride in vinyl
                                  chloride monomer
                                  production.
  K021.........................  Aqueous spent antimony     (T)
                                  catalyst waste from
                                  fluoromethanes
                                  production.
  K022.........................  Distillation bottom tars   (T)
                                  from the production of
                                  phenol/acetone from
                                  cumene.
  K023.........................  Distillation light ends    (T)
                                  from the production of
                                  phthalic anhydride from
                                  naphthalene.
  K024.........................  Distillation bottoms from  (T)
                                  the production of
                                  phthalic anhydride from
                                  naphthalene.
  K025.........................  Distillation bottoms from  (T)
                                  the production of
                                  nitrobenzene by the
                                  nitration of benzene.
  K026.........................  Stripping still tails      (T)
                                  from the production of
                                  methy ethyl pyridines.
  K027.........................  Centrifuge and             (R, T)
                                  distillation residues
                                  from toluene
                                  diisocyanate production.
  K028.........................  Spent catalyst from the    (T)
                                  hydrochlorinator reactor
                                  in the production of
                                  1,1,1-trichloroethane.
  K029.........................  Waste from the product     (T)
                                  steam stripper in the
                                  production of 1,1,1-
                                  trichloroethane.
  K030.........................  Column bottoms or heavy    (T)
                                  ends from the combined
                                  production of
                                  trichloroethylene and
                                  perchloroethylene.
  K083.........................  Distillation bottoms from  (T)
                                  aniline production.
  K085.........................  Distillation or            (T)
                                  fractionation column
                                  bottoms from the
                                  production of
                                  chlorobenzenes.
  K093.........................  Distillation light ends    (T)
                                  from the production of
                                  phthalic anhydride from
                                  ortho-xylene.
  K094.........................  Distillation bottoms from  (T)
                                  the production of
                                  phthalic anhydride from
                                  ortho-xylene.
  K095.........................  Distillation bottoms from  (T)
                                  the production of 1,1,1-
                                  trichloroethane.
  K096.........................  Heavy ends from the heavy  (T)
                                  ends column from the
                                  production of 1,1,1-
                                  trichloroethane.
  K103.........................  Process residues from      (T)
                                  aniline extraction from
                                  the production of
                                  aniline.
  K104.........................  Combined wastewater        (T)
                                  streams generated from
                                  nitrobenzene/aniline
                                  production.
  K105.........................  Separated aqueous stream   (T)
                                  from the reactor product
                                  washing step in the
                                  production of
                                  chlorobenzenes.
  K107.........................  Column bottoms from        (C,T)
                                  product separation from
                                  the production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazines.
  K108.........................  Condensed column           (I,T)
                                  overheads from product
                                  separation and condensed
                                  reactor vent gases from
                                  the production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K109.........................  Spent filter cartridges    (T)
                                  from product
                                  purification from the
                                  production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K110.........................  Condensed column           (T)
                                  overheads from
                                  intermediate separation
                                  from the production of
                                  1,1-dimethylhydrazine
                                  (UDMH) from carboxylic
                                  acid hydrazides.
  K111.........................  Product washwaters from    (C,T)
                                  the production of
                                  dinitrotoluene via
                                  nitration of toluene.
  K112.........................  Reaction by-product water  (T)
                                  from the drying column
                                  in the production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K113.........................  Condensed liquid light     (T)
                                  ends from the
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K114.........................  Vicinals from the          (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K115.........................  Heavy ends from the        (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K116.........................  Organic condensate from    (T)
                                  the solvent recovery
                                  column in the production
                                  of toluene diisocyanate
                                  via phosgenation of
                                  toluenediamine.
  K117.........................  Wastewater from the        (T)
                                  reactor vent gas
                                  scrubber in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K118.........................  Spent adsorbent solids     (T)
                                  from purification of
                                  ethylene dibromide in
                                  the production of
                                  ethylene dibromide via
                                  bromination of ethene.
  K136.........................  Still bottoms from the     (T)
                                  purification of ethylene
                                  dibromide in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.

[[Page 69]]


  K149.........................  Distillation bottoms from  (T)
                                  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.).
  K150.........................  Organic residuals,         (T)
                                  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.
  K151.........................  Wastewater treatment       (T)
                                  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.
  K156.........................  Organic waste (including   (T)
                                  heavy ends, still
                                  bottoms, light ends,
                                  spent solvents,
                                  filtrates, and
                                  decantates) from the
                                  production of carbamates
                                  and carbamoyl oximes.
                                  (This listing does not
                                  apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K157.........................  Wastewaters (including     (T)
                                  scrubber waters,
                                  condenser waters,
                                  washwaters, and
                                  separation waters) from
                                  the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K158.........................  Bag house dusts and        (T)
                                  filter/separation solids
                                  from the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K159.........................  Organics from the          (T)
                                  treatment of
                                  thiocarbamate wastes.
  K161.........................  Purification solids        (R,T)
                                  (including filtration,
                                  evaporation, and
                                  centrifugation solids),
                                  bag house dust and floor
                                  sweepings from the
                                  production of
                                  dithiocarbamate acids
                                  and their salts. (This
                                  listing does not include
                                  K125 or K126.).
  K174.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of ethylene
                                  dichloride or vinyl
                                  chloride monomer
                                  (including sludges that
                                  result from commingled
                                  ethylene dichloride or
                                  vinyl chloride monomer
                                  wastewater and other
                                  wastewater), unless the
                                  sludges meet the
                                  following conditions:
                                  (i) they are disposed of
                                  in a subtitle C or non-
                                  hazardous landfill
                                  licensed or permitted by
                                  the state or federal
                                  government; (ii) they
                                  are not otherwise placed
                                  on the land prior to
                                  final disposal; and
                                  (iii) the generator
                                  maintains documentation
                                  demonstrating that the
                                  waste was either
                                  disposed of in an on-
                                  site landfill or
                                  consigned to a
                                  transporter or disposal
                                  facility that provided a
                                  written commitment to
                                  dispose of the waste in
                                  an off-site landfill.
                                  Respondents in any
                                  action brought to
                                  enforce the requirements
                                  of subtitle C must, upon
                                  a showing by the
                                  government that the
                                  respondent managed
                                  wastewater treatment
                                  sludges from the
                                  production of vinyl
                                  chloride monomer or
                                  ethylene dichloride,
                                  demonstrate that they
                                  meet the terms of the
                                  exclusion set forth
                                  above. In doing so, they
                                  must provide appropriate
                                  documentation (e.g.,
                                  contracts between the
                                  generator and the
                                  landfill owner/operator,
                                  invoices documenting
                                  delivery of waste to
                                  landfill, etc.) that the
                                  terms of the exclusion
                                  were met.
  K175.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of vinyl
                                  chloride monomer using
                                  mercuric chloride
                                  catalyst in an acetylene-
                                  based process.
  K181.........................  Nonwastewaters from the    (T)
                                  production of dyes and/
                                  or pigments (including
                                  nonwastewaters
                                  commingled at the point
                                  of generation with
                                  nonwastewaters from
                                  other processes) that,
                                  at the point of
                                  generation, contain mass
                                  loadings of any of the
                                  constituents identified
                                  in paragraph (c) of this
                                  section that are equal
                                  to or greater than the
                                  corresponding paragraph
                                  (c) levels, as
                                  determined on a calendar
                                  year basis. These wastes
                                  will not be hazardous if
                                  the nonwastewaters are:
                                  (i) disposed in a
                                  Subtitle D landfill unit
                                  subject to the design
                                  criteria in Sec.
                                  258.40, (ii) disposed in
                                  a Subtitle C landfill
                                  unit subject to either
                                  Sec.  264.301 or Sec.
                                  265.301, (iii) disposed
                                  in other Subtitle D
                                  landfill units that meet
                                  the design criteria in
                                  Sec.  258.40, Sec.
                                  264.301, or Sec.
                                  265.301, or (iv) treated
                                  in a combustion unit
                                  that is permitted under
                                  Subtitle C, or an onsite
                                  combustion unit that is
                                  permitted under the
                                  Clean Air Act. For the
                                  purposes of this
                                  listing, dyes and/or
                                  pigments production is
                                  defined in paragraph
                                  (b)(1) of this section.
                                  Paragraph (d) of this
                                  section describes the
                                  process for
                                  demonstrating that a
                                  facility's
                                  nonwastewaters are not
                                  K181. This listing does
                                  not apply to wastes that
                                  are otherwise identified
                                  as hazardous under Sec.
                                  Sec.  261.21-261.24 and
                                  261.31-261.33 at the
                                  point of generation.
                                  Also, the listing does
                                  not apply to wastes
                                  generated before any
                                  annual mass loading
                                  limit is met.
Inorganic chemicals:
  K071.........................  Brine purification muds    (T)
                                  from the mercury cell
                                  process in chlorine
                                  production, where
                                  separately prepurified
                                  brine is not used.
  K073.........................  Chlorinated hydrocarbon    (T)
                                  waste from the
                                  purification step of the
                                  diaphragm cell process
                                  using graphite anodes in
                                  chlorine production.
  K106.........................  Wastewater treatment       (T)
                                  sludge from the mercury
                                  cell process in chlorine
                                  production.
  K176.........................  Baghouse filters from the  (E)
                                  production of antimony
                                  oxide, including filters
                                  from the production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K177.........................  Slag from the production   (T)
                                  of antimony oxide that
                                  is speculatively
                                  accumulated or disposed,
                                  including slag from the
                                  production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).

[[Page 70]]


  K178.........................  Residues from              (T)
                                  manufacturing and
                                  manufacturing-site
                                  storage of ferric
                                  chloride from acids
                                  formed during the
                                  production of titanium
                                  dioxide using the
                                  chloride-ilmenite
                                  process.
Pesticides:
  K031.........................  By-product salts           (T)
                                  generated in the
                                  production of MSMA and
                                  cacodylic acid.
  K032.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chlordane.
  K033.........................  Wastewater and scrub       (T)
                                  water from the
                                  chlorination of
                                  cyclopentadiene in the
                                  production of chlordane.
  K034.........................  Filter solids from the     (T)
                                  filtration of
                                  hexachlorocyclopentadien
                                  e in the production of
                                  chlordane.
  K035.........................  Wastewater treatment       (T)
                                  sludges generated in the
                                  production of creosote.
  K036.........................  Still bottoms from         (T)
                                  toluene reclamation
                                  distillation in the
                                  production of disulfoton.
  K037.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of disulfoton.
  K038.........................  Wastewater from the        (T)
                                  washing and stripping of
                                  phorate production.
  K039.........................  Filter cake from the       (T)
                                  filtration of
                                  diethylphosphorodithioic
                                  acid in the production
                                  of phorate.
  K040.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of phorate.
  K041.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of toxaphene.
  K042.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the distillation of
                                  tetrachlorobenzene in
                                  the production of 2,4,5-
                                  T.
  K043.........................  2,6-Dichlorophenol waste   (T)
                                  from the production of
                                  2,4-D.
  K097.........................  Vacuum stripper discharge  (T)
                                  from the chlordane
                                  chlorinator in the
                                  production of chlordane.
  K098.........................  Untreated process          (T)
                                  wastewater from the
                                  production of toxaphene.
  K099.........................  Untreated wastewater from  (T)
                                  the production of 2,4-D.
  K123.........................  Process wastewater         (T)
                                  (including supernates,
                                  filtrates, and
                                  washwaters) from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salt.
  K124.........................  Reactor vent scrubber      (C, T)
                                  water from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K125.........................  Filtration, evaporation,   (T)
                                  and centrifugation
                                  solids from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K126.........................  Baghouse dust and floor    (T)
                                  sweepings in milling and
                                  packaging operations
                                  from the production or
                                  formulation of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K131.........................  Wastewater from the        (C, T)
                                  reactor and spent
                                  sulfuric acid from the
                                  acid dryer from the
                                  production of methyl
                                  bromide.
  K132.........................  Spent absorbent and        (T)
                                  wastewater separator
                                  solids from the
                                  production of methyl
                                  bromide.
Explosives:
  K044.........................  Wastewater treatment       (R)
                                  sludges from the
                                  manufacturing and
                                  processing of explosives.
  K045.........................  Spent carbon from the      (R)
                                  treatment of wastewater
                                  containing explosives.
  K046.........................  Wastewater treatment       (T)
                                  sludges from the
                                  manufacturing,
                                  formulation and loading
                                  of lead-based initiating
                                  compounds.
  K047.........................  Pink/red water from TNT    (R)
                                  operations.
Petroleum refining:
  K048.........................  Dissolved air flotation    (T)
                                  (DAF) float from the
                                  petroleum refining
                                  industry.
  K049.........................  Slop oil emulsion solids   (T)
                                  from the petroleum
                                  refining industry.
  K050.........................  Heat exchanger bundle      (T)
                                  cleaning sludge from the
                                  petroleum refining
                                  industry.
  K051.........................  API separator sludge from  (T)
                                  the petroleum refining
                                  industry.
  K052.........................  Tank bottoms (leaded)      (T)
                                  from the petroleum
                                  refining industry.
  K169.........................  Crude oil storage tank     (T)
                                  sediment from petroleum
                                  refining operations.
  K170.........................  Clarified slurry oil tank  (T)
                                  sediment and/or in-line
                                  filter/separation solids
                                  from petroleum refining
                                  operations.
  K171.........................  Spent Hydrotreating        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
  K172.........................  Spent Hydrorefining        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
Iron and steel:
  K061.........................  Emission control dust/     (T)
                                  sludge from the primary
                                  production of steel in
                                  electric furnaces.
  K062.........................  Spent pickle liquor        (C,T)
                                  generated by steel
                                  finishing operations of
                                  facilities within the
                                  iron and steel industry
                                  (SIC Codes 331 and 332).
Primary copper:
Primary lead:
Primary zinc:
Primary aluminum:
  K088.........................  Spent potliners from       (T)
                                  primary aluminum
                                  reduction.
Ferroalloys:
Secondary lead:
  K069.........................  Emission control dust/     (T)
                                  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).

[[Page 71]]


  K100.........................  Waste leaching solution    (T)
                                  from acid leaching of
                                  emission control dust/
                                  sludge from secondary
                                  lead smelting.
Veterinary pharmaceuticals:
  K084.........................  Wastewater treatment       (T)
                                  sludges generated during
                                  the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K101.........................  Distillation tar residues  (T)
                                  from the distillation of
                                  aniline-based compounds
                                  in the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K102.........................  Residue from the use of    (T)
                                  activated carbon for
                                  decolorization in the
                                  production of veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
Ink formulation:
  K086.........................  Solvent washes and         (T)
                                  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.
Coking:
  K060.........................  Ammonia still lime sludge  (T)
                                  from coking operations.
  K087.........................  Decanter tank tar sludge   (T)
                                  from coking operations.
  K141.........................  Process residues from the  (T)
                                  recovery of coal tar,
                                  including, but not
                                  limited to, collecting
                                  sump residues from the
                                  production of coke from
                                  coal or the recovery of
                                  coke by-products
                                  produced from coal. This
                                  listing does not include
                                  K087 (decanter tank tar
                                  sludges from coking
                                  operations).
  K142.........................  Tar storage tank residues  (T)
                                  from the production of
                                  coke from coal or from
                                  the recovery of coke by-
                                  products produced from
                                  coal.
  K143.........................  Process residues from the  (T)
                                  recovery of light oil,
                                  including, but not
                                  limited to, those
                                  generated in stills,
                                  decanters, and wash oil
                                  recovery units from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K144.........................  Wastewater sump residues   (T)
                                  from light oil refining,
                                  including, but not
                                  limited to, intercepting
                                  or contamination sump
                                  sludges from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K145.........................  Residues from naphthalene  (T)
                                  collection and recovery
                                  operations from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K147.........................  Tar storage tank residues  (T)
                                  from coal tar refining.
  K148.........................  Residues from coal tar     (T)
                                  distillation, including
                                  but not limited to,
                                  still bottoms.
------------------------------------------------------------------------

    (b) Listing Specific Definitions: (1) For the purposes of the K181 
listing, dyes and/or pigments production is defined to include 
manufacture of the following product classes: dyes, pigments, or FDA 
certified colors that are classified as azo, triarylmethane, perylene or 
anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, 
polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane 
products include both triarylmethane and triphenylmethane products. 
Wastes that are not generated at a dyes and/or pigments manufacturing 
site, such as wastes from the offsite use, formulation, and packaging of 
dyes and/or pigments, are not included in the K181 listing.
    (c) K181 Listing Levels. Nonwastewaters containing constituents in 
amounts equal to or exceeding the following levels during any calendar 
year are subject to the K181 listing, unless the conditions in the K181 
listing are met.

------------------------------------------------------------------------
                                                     Chemical     Mass
                    Constituent                      abstracts   levels
                                                        No.      (kg/yr)
------------------------------------------------------------------------
Aniline...........................................     62-53-3     9,300
o-Anisidine.......................................     90-04-0       110
4-Chloroaniline...................................    106-47-8     4,800
p-Cresidine.......................................    120-71-8       660
2,4-Dimethylaniline...............................     95-68-1       100
1,2-Phenylenediamine..............................     95-54-5       710
1,3-Phenylenediamine..............................    108-45-2     1,200
------------------------------------------------------------------------

    (d) Procedures for demonstrating that dyes and/or pigment 
nonwastewaters are not K181. The procedures described in paragraphs 
(d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters 
from the production of dyes/pigments would not be hazardous (these 
procedures apply to wastes that are not disposed in landfill units or 
treated in combustion units as specified in paragraph (a) of this 
section). If the nonwastewaters are disposed in landfill units or 
treated in combustion units as described in paragraph (a) of this 
section, then the nonwastewaters are not hazardous. In order to 
demonstrate that it is meeting the landfill disposal or combustion 
conditions contained in the K181 listing description,

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the generator must maintain documentation as described in paragraph 
(d)(4) of this section.
    (1) Determination based on no K181 constituents. Generators that 
have knowledge (e.g., knowledge of constituents in wastes based on prior 
sampling and analysis data and/or information about raw materials used, 
production processes used, and reaction and degradation products formed) 
that their wastes contain none of the K181 constituents (see paragraph 
(c) of this section) can use their knowledge to determine that their 
waste is not K181. The generator must document the basis for all such 
determinations on an annual basis and keep each annual documentation for 
three years.
    (2) Determination for generated quantities of 1,000 MT/yr or less 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or 
less, the generator can use knowledge of the wastes (e.g., knowledge of 
constituents in wastes based on prior analytical data and/or information 
about raw materials used, production processes used, and reaction and 
degradation products formed) to conclude that annual mass loadings for 
the K181 constituents are below the listing levels of paragraph (c) of 
this section. To make this determination, the generator must:
    (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) Determination for generated quantities greater than 1,000 MT/yr 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is greater than 1,000 
metric tons, the generator must perform all of the steps described in 
paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make a 
determination that its waste is not K181.
    (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 (e.g., based on prior sampling and analysis data 
and/or information about raw materials used, production processes used, 
and reaction and degradation products formed).
    (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

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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 listing levels of paragraph (c) 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) Recordkeeping for the landfill disposal and combustion 
exemptions. For the purposes of meeting the landfill disposal and 
combustion condition set out in the K181 listing description, the 
generator must maintain on site for three years documentation 
demonstrating that each shipment of waste was received by a landfill 
unit that is subject to or meets the landfill design standards set out 
in the listing description, or was treated in combustion units as 
specified in the listing description.
    (5) Waste holding and handling. During the interim period, from the 
point of generation to completion of the hazardous waste determination, 
the generator is responsible for storing the wastes appropriately. If 
the wastes are determined to be hazardous and the generator has not 
complied with the subtitle C requirements during the interim period, the 
generator could be subject to an enforcement action for improper 
management.

[46 FR 4618, Jan. 16, 1981]

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