No. 40308 (Amendment): Rule R315-261. General Requirements - Identification and Listing of Hazardous Waste

(Amendment)

DAR File No.: 40308
Filed: 04/14/2016 02:14:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule change is in response to public comments made during the February 1, 2016, through March 3, 2016, comment period on the proposed rule. (DAR NOTE: The public comment period was for the proposed new Rule R315-261 that was published under DAR No. 40108 in the February 1, 2016, issue of the Bulletin and was made effective on 04/15/2016.)

Summary of the rule or change:

In Section R315-261-2, "Table 1" is removed, and the correct rule reference is inserted. In Section R315-261-31, the list of chemicals is corrected. In Section R315-261-39, references are corrected, and language that was repeated is removed. In Section R315-261-141, references that were omitted are added.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-106

Anticipated cost or savings to:

the state budget:

The rule changes will have no affect on the administration of the rule and will have no cost to the state.

local governments:

There will be no cost or savings to local government as the rule change will not change the administration of the rule.

small businesses:

The rule changes will not affect the administration of the rule and will not have any cost or savings to small business.

persons other than small businesses, businesses, or local governmental entities:

The rule changes will not affect the administration of the rule and will not have any cost or savings to persons other than small business.

Compliance costs for affected persons:

The rule changes will not affect the administration of the rule and will not have any cost to affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule changes will not affect the administration of the rule and will not have any cost or savings to business.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Waste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2016

This rule may become effective on:

06/07/2016

Authorized by:

Scott Anderson, Director

RULE TEXT

R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

R315-261. General Requirements - Identification and Listing of Hazardous Waste.

R315-261-2. Definition of Solid Waste.

(a)(1) A solid waste is any discarded material that is not excluded by Subsection R315-261-4(a) or that is not excluded by variance granted under Sections R315-260-30 and R315-260-31 or that is not excluded by a non-waste determination under Sections R315-260-30 and R315-260-34.

(2)(i) A discarded material is any material which is:

(A) Abandoned, as explained in Subsection R315-261-2(b); or

(B) Recycled, as explained in Subsection R315-261-2(c); or

(C) Considered inherently waste-like, as explained in Subsection R315-261-2(d).

(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; or

(4) Sham recycled, as explained in Subsection R315-261-2(g)

(c) Materials are solid wastes if they are recycled-or accumulated, stored, or treated before recycling-as specified in Subsections R315-261-2(c)(1) through (4).

(1) Used in a manner constituting disposal.

(i) Materials noted with a "*" in Column 1 of Table 1 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 Section R315-261-33 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 Section R315-261-33 are not solid wastes if they are themselves fuels.

(3) Reclaimed. Materials noted with a "-" in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with an "*" in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements of Subsections R315-261-4(a)(17), or R315-261-4(a)(23), R315-261-4(a)(24) or R35-261-4(a)(27).

(4) Accumulated speculatively. Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.

 

TABLE 1

 
 Use Energy Reclamation Speculative 
 Constituting recovery/ 261-2(c)(3) accumulation 
 Disposal fuel except as 261-2(c)(4) 
 261-2(c)(1) 261-2(c) provided in 
 (2) 261-4-(a)(17) 
 261-4(a)(23) 
 261-4(a)(24) 
 or 
 261-4(a)(27) 
 1 2 3 4 
Spent Materials (*) (*) (*) (*) 
 
Sludges (listed (*) (*) (*) (*) 
in 261-31 or 
261-32) 
 
Sludges (*) (*) - (*) 
exhibiting a 
characteristic 
of hazardous 
waste 
 
By-products (*) (*) (*) (*) 
(listed in 
 261-31 or 
261-32 
 
By-products (*) (*) - (*) 
exhibiting a 
characteristic 
of hazardous 
waste 
 
Commercial (*) (*) - - 
chemical 
products listed 
in 261-33 
 
Scrap metal (*) (*) (*) (*) 
that is not 
excluded under 
261-4(a)(13) 
 
Note 1: All rule references in Table 1 are to R315. 
Note 2: The terms "spent materials," "sludges," "by-products," and "scrap metal" and "processed scrap metal" are defined in Section R315-261-1.

 

(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 Sections R315-261-20 through 24 and 30 through 35, except for brominated material that meets the following criteria:

(i) The material shall contain a bromine concentration of at least 45%; and

(ii) The material shall contain less than a total of 1% of toxic organic compounds listed in Rule R315-261 appendix VIII; and

(iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance, hard piping.

(3) The Board shall use the following criteria to add wastes to [the list found in Table 1 of Section R315-261-2]Subsections R315-261-2(d)(1) or (2):

(i)(A) The materials are ordinarily disposed of, burned, or incinerated; or

(B) The materials contain toxic constituents listed in appendix VIII of Rule R315-261 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 or land disposed. The material shall be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials shall be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at Subsection R315-261-4(a)(17) apply rather than Subsection R315-261-2(e)(1)(iii).

(2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process described in Subsections R315-261-2(e)(1)(i) through (iii):

(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 Subsections R315-261-2(d)(1) and (d)(2).

(f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce rules implementing Sections 19-6-101 through 125 who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall 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 shall 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 shall show that they have the necessary equipment to do so.

(g) Sham recycling. A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in Section R315-260-43.

 

R315-261-3. Definition of Hazardous Waste .

(a) A solid waste, as defined in Section R315-261-2, is a hazardous waste if:

(1) It is not excluded from regulation as a hazardous waste under Subsection R315-261-4(b); and

(2) It meets any of the following criteria:

(i) It exhibits any of the characteristics of hazardous waste identified in Sections R315-261-20 through 24. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under Subsection R315-261-4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under Sections R315-261-20 through 24 is a hazardous waste 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 Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table 1 to Section R315-261-24 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 Sections R315-261-30 through 35 and has not been excluded from the lists in Sections R315-261-30 through 35 under Sections R315-260-.20 and R315-260-22.

(iii) (Reserved)

(iv) It is a mixture of solid waste and one or more hazardous wastes listed in Sections R315-261-30 through 35 and has not been excluded from Subsection R315-261-3(a)(2) under Sections R315-260-20 and R315-260-22, Subsection R315-261-3(g), or Subsection R315-261-3(h); however, the following mixtures of solid wastes and hazardous wastes listed in Sections R315-261-30 through 35 are not hazardous wastes, except by application of Subsections R315-261-3(a)(2)(i) or (ii), 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 Section R315-261-31: benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the combustion of these spent 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 pretreatment system does not exceed 1 part per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under the Utah Air Conservation Act, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and shall use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the Director. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if the Director finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(B) One or more of the following spent solvents listed in Section R315-261-31: methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent 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 pretreatment system does not exceed 25 parts per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system; at facilities subject to regulation under the Utah Air Conservation Act, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions; does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the Director. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if the Director finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(C) One of the following wastes listed in Section R315-261-32, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation-heat exchanger bundle cleaning sludge from the petroleum refining industry, EPA Hazardous Waste No. K050; crude oil storage tank sediment from petroleum refining operations, EPA Hazardous Waste No. K169; clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations, EPA Hazardous Waste No. K170; spent hydrotreating catalyst, EPA Hazardous Waste No. K171; and spent hydrorefining catalyst, EPA Hazardous Waste No. K172; or

(D) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in Sections R315-261-31 through R315-261-33, arising from de minimis losses of these materials. For purposes of this Subsection R315-261-3(a)(2)(iv)(D), de minimis losses are inadvertent releases to a wastewater treatment system, including 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. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in Sections R315-261-31 through R315-261-32, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in Sections R315-261-30 through 35 shall either have eliminated the discharge of wastewaters or have included in its Clean Water Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed in Rule R315-261 appendix VII; and the constituents in the table "Treatment Standards for Hazardous Wastes" in Section R315-268-40 for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the Clean Water Act permit application or the pretreatment control authority submission. A copy of the Clean Water permit application or the submission to the pretreatment control authority shall be placed in the facility's on-site files; or

(E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in Sections R315-261-30 through 35, 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 wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or

(F) One or more of the following wastes listed in Section R315-261.32: wastewaters from the production of carbamates and carbamoyl oximes, EPA Hazardous Waste No. K157 - Provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine, including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized, divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Utah Air Conservation Act, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file copy of their sampling and analysis plan with the Director. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if the Director finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(G) Wastewaters derived-from the treatment of one or more of the following wastes listed in Section R315-261-32:organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, EPA Hazardous Waste No. K156. Provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Utah Air Conservation Act, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels shall file copy of their sampling and analysis plan with the Director. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if the Director finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected.

(v) Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Sections R315-261-30 through 35. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste; for example, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of Rule R315-261.

(A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.

(B) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

(b) A solid waste which is not excluded from regulation under Subsection R315-261-3(a)(1) becomes a hazardous waste when any of the following events occur:

(1) In the case of a waste listed in Sections R315-261-30 through 35, when the waste first meets the listing description set forth in R315-261-30 through 35.

(2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in R315-261-30 through 35 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 Sections R315-261-20 through 24.

(c) Unless and until it meets the criteria of Subsection R315-261-3(d):

(1) A hazardous waste shall remain a hazardous waste.

(2)(i) Except as otherwise provided in Subsections R315-261-3(c)(2)(ii), or (g), 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 Subsection R315-261-6(a)(3)(iii) and (iv).

(C)(I) Nonwastewater residues, such as slag, resulting from high temperature metals recovery processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces, as defined in Section R315-260-10, that are disposed in solid waste landfills regulated under Rules R315-301 through R315-320, provided that these residues meet the generic exclusion levels identified in the tables below for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements shall be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues shall be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action shall have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

 

TABLE

 
Constituent Maximum for any single composite sample - 
 TCLP (mg/l) 
 
Generic exclusion levels for K061 and K062 nonwastewater 
 high temperature metals recovery residues 
 
Antimony 0.10 
Arsenic 0.50 
Barium 7.6 
Beryllium 0.010 
Cadmium 0.050 
Chromium 0.33 
(total) 
Lead 0.15 
Mercury 0.009 
Nickel 1.0 
Selenium 0.16 
Silver 0.30 
Thallium 0.020 
Zinc 70 
 
Generic exclusion levels for F006 nonwastewater 
 high temperature metals recovery residues 
 
Antimony 0.10 
Arsenic 0.50 
Barium 7.6 
Beryllium 0.010 
Cadmium 0.050 
Chromium 0.33 
(total) 
Cyanide 1.8 
(total)(mg/kg) 
Lead 0.15 
Mercury 0.009 
Nickel 1.0 
Selenium 0.16 
Silver 0.30 
Thallium 0.020 
Zinc 70

 

(2) A one-time notification and certification shall be placed in the facility's files and sent to the Director for K061, K062 or F006 high temperature metals recovery residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to solid waste landfills regulated under Rules R315-301 through R315-320. The notification and certification that is placed in the generators or treaters files shall be updated if the process or operation generating the waste changes and/or if the landfill receiving the waste changes. However, the generator or treater need only notify the Director on an annual basis if such changes occur. Such notification and certification should be sent to the Director by the end of the calendar year, but no later than December 31. The notification shall include the following information: [ ]The name and address of the solid waste landfill regulated under Rules R315-301 through R315-320 receiving the waste shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification shall be signed by an authorized representative and shall state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(D) Biological treatment sludge from the treatment of one of the following wastes listed in Section R315-261-32: organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes, EPA Hazardous Waste No. K156, and wastewaters from the production of carbamates and carbamoyl oximes, EPA Hazardous Waste No. K157.

(E) Catalyst inert support media separated from one of the following wastes listed in Section R315-261-32: - Spent hydrotreating catalyst, EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172.

(d) Any solid waste described in Subsection R315-261-3(c) 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 Sections R315-261-20 through 24. However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Rule R315-268, 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 Sections R315-261-30 through 35, contains a waste listed under Sections R315-261-30 through 35 or is derived from a waste listed in Sections R315-261-30 through 35, it also has been excluded from Subsection R315-261-3(c) under Sections R315-260-20 and R315-260-22.

(e) (Reserved)

(f) Notwithstanding Subsections R315-261-3(a) through (d) and provided the debris as defined in Rule R315-268 does not exhibit a characteristic identified in Sections R315-261-20 through 24, the following materials are not subject to regulation under Rules R315-260 through 266, R315-268, or R315-270:

(1) Hazardous debris as defined in Rule R315-268 that has been treated using one of the required extraction or destruction technologies specified in Table 1 of Section R315-268-45; persons claiming this exclusion in an enforcement action shall have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or

(2) Debris as defined in Rule R315-268 that the Director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

(g)(1) A hazardous waste that is listed in Sections R315-261-30 through 35 solely because it exhibits one or more characteristics of ignitability as defined under Section R315-261-21, corrosivity as defined under Section R315-261-22, or reactivity as defined under Section R315-261-23 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in Sections R315-261-20 through 24.

(2) The exclusion described in Subsection R315-261-3(g)(1) also pertains to:

(i) Any mixture of a solid waste and a hazardous waste listed in Sections R315-261-30 through 35 solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under Subsection R315-261-3(a)(2)(iv); and

(ii) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in Sections R315-261-30 through 35 solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under Subsection R315-261-3(c)(2)(i).

(3) Wastes excluded under Subsection R315-261-3(g) are subject to Rule R315-268, as applicable, even if they no longer exhibit a characteristic at the point of land disposal.

(4) Any mixture of a solid waste excluded from regulation under Subsection R315-261-4(b)(7) and a hazardous waste listed in Sections R315-261-30 through 35 solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under Subsection R315-261-3(a)(2)(iv) is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in Sections R315-261-20 through 24 for which the hazardous waste listed in Sections R315-261-30 through 35 was listed.[

(h)(1) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of Sections R315-266-210 through 360.

(2) The exemption described in Subsection R315-261-3(h)(1) also pertains to:

(i) Any mixture of a solid waste and an eligible radioactive mixed waste; and

(ii) Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.]

(3) Waste exempted under Section R315-261-3 shall meet the eligibility criteria and specified conditions in Sections R315-266-225 and R315-266-230,for storage and treatment, and in Sections R315-266-310 and R315-266-315, for transportation and disposal. Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.

 

R315-261-31. Lists of Hazardous Wastes - Hazardous Wastes from Non-Specific Sources.

(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under Sections R315-260-20 and 22 and listed in R315-260 appendix IX which incorporates 40 CFR 260 appendix IX by reference.

 

TABLE 2
Hazardous Wastes From Non-specific Sources

 
Industry Hazardous waste Hazard 
and EPA Code 
hazardous 
waste No. 
Generic: 
 
F001 The following spent halogenated solvents (T) 
 used in degreasing: Tetrachloroethylene, 
 trichloroethylene, methylene chloride, 1,1,1- 
 trichloroethane, carbon tetrachloride, and 
 chlorinated fluorocarbons; all spent solvent 
 mixtures/blends used in degreasing containing, 
 before use, a total of ten percent or more, 
 by volume, of one or more of the above 
 halogenated solvents or those solvents listed 
 in F002, F004, and F005; and still bottoms 
 from the recovery of these spent solvents and 
 spent solvent mixtures 
 
 F002 The following spent halogenated solvents: (T) 
 Tetrachloroethylene, methylene chloride, 
 trichloroethylene, 1,1,1-trichloroethane, 
 chlorobenzene, 1,1,2-trichloro-1,2,2- 
 trifluoroethane, ortho-dichlorobenzene, 
 trichlorofluoromethane, and 1,1,2- 
 trichloroethane; all spent solvent mixtures/ 
 blends containing, before use, a total of ten 
 percent or more (by volume) of one or more of 
 the above halogenated solvents or those 
 listed in F001, F004, or F005; and still 
 bottoms from the recovery of these spent 
 solvents and spent solvent mixtures 
 
F003 The following spent non-halogenated (I)* 
 solvents: Xylene, acetone, ethyl acetate, 
 ethyl benzene, [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]  methyl isobutyl ketone, n-butyl 
 alcohol, cyclohexanone, and methanol; all 
 spent solvent mixtures/blends containing, 
 before use, only the above spent 
 non-halogenated solvents; and all spent 
 solvent mixtures/blends containing, before 
 use, one or more of the above non-halogenated 
 solvents, and, a total of ten percent or more 
 (by volume) of one or more of those solvents 
 listed in F001, F002, F004, and F005; and 
 still bottoms from the recovery of these 
 spent solvents and spent solvent mixtures 
 
F004 The following spent non-halogenated (T) 
 solvents: Cresols and cresylic acid, and 
 nitrobenzene; all spent solvent mixtures/ 
 blends containing, before use, a total of 
 ten percent or more (by volume) of one or 
 more of the above non-halogenated solvents 
 or those solvents listed in F001, F002, and 
 F005; and still bottoms from the recovery of 
 these spent solvents and spent solvent 
 mixtures 
 
F005 The following spent non-halogenated (I,T) 
 solvents: Toluene, methyl ethyl ketone, 
 carbon disulfide, isobutanol, pyridine, 
 benzene, 2-ethoxyethanol, and 2-nitropropane; 
 all spent solvent mixtures/blends containing, 
 before use, a total of ten percent or more, 
 by volume, of one or more of the above non- 
 halogenated solvents or those solvents listed 
 in F001, F002, or F004; and still bottoms 
 from the recovery of these spent solvents 
 and spent solvent mixtures 
 
F006 Wastewater treatment sludges from (T) 
 electroplating operations except from the 
 following processes: (1) Sulfuric acid 
 anodizing of aluminum; (2) tin plating on 
 carbon steel; (3) zinc plating, segregated 
 basis, on carbon steel; (4) aluminum or 
 zinc-aluminum plating on carbon steel; (5) 
 cleaning/stripping associated with tin, zinc 
 and aluminum plating on carbon steel; and (6) 
 chemical etching and milling of aluminum 
 
F007 Spent cyanide plating bath solutions from (R,T) 
 electroplating operations 
 
F008 Plating bath residues from the bottom of (R,T) 
 plating baths from electroplating operations 
 where cyanides are used in the process 
 
F009 Spent stripping and cleaning bath solutions (R,T) 
 from electroplating operations where 
 cyanides are used in the process 
 
F010 Quenching bath residues from oil baths from (R,T) 
 metal heat treating operations where 
 cyanides are used in the process 
 
F011 Spent cyanide solutions from salt bath pot (R,T) 
 cleaning from metal heat treating operations 
 
F012 Quenching waste water treatment sludges (T) 
 from metal heat treating operations where 
 cyanides are used in the process 
 
F019 Wastewater treatment sludges from the (T) 
 chemical conversion coating of aluminum 
 except from zirconium phosphating in 
 aluminum can washing when such phosphating 
 is an exclusive conversion coating process. 
 Wastewater treatment sludges from the 
 manufacturing of motor vehicles using a zinc 
 phosphating process will not be subject to 
 this listing at the point of generation if 
 the wastes are not placed outside on the 
 land prior to shipment to a landfill for 
 disposal and are either: disposed in a 
 Subtitle D municipal or industrial landfill 
 unit that is equipped with a single clay 
 liner and is permitted, licensed or 
 otherwise authorized by the state; or 
 disposed in a landfill unit subject to, or 
 otherwise meeting, the landfill requirements 
 in Sections R315-258-40, R315-264-301 or 
 40 CFR 265.301, which is adopted by 
 reference. For the purposes of this 
 listing, motor vehicle manufacturing is 
 defined in Subsection R315-261-31(b)(4)(i) 
 and Subsection R315-261-31 (b)(4)(ii) [describes the 
 recordkeeping requirements for motor vehicle 
 manufacturing facilities] 
  Describes the Recordkeeping requirements for 
 motor vehicle manufacturing facilities 
 
F020 Wastes, except wastewater and spent carbon (H) 
 from hydrogen chloride purification, from the 
 production or manufacturing use[, ](as a 
 reactant, chemical intermediate, or component 
 in a formulating process) of tri- or 
 tetrachlorophenol, or of intermediates used 
 to produce their pesticide derivatives. 
 This listing does not include wastes from the 
 production of Hexachlorophene from highly 
 purified 2,4,5-trichlorophenol. 
 
F021 Wastes (except wastewater and spent carbon (H) 
 from hydrogen chloride purification) from the 
 production or manufacturing use[, ](as a 
 reactant, chemical intermediate, or component 
 in a formulating process) of 
 pentachlorophenol, or of intermediates used 
 to produce its derivatives 
 
F022 Wastes (except wastewater and spent carbon (H) 
 from hydrogen chloride purification) from the 
 manufacturing use; as a reactant, chemical 
 intermediate, or component in a formulating 
 process; of tetra-, penta-, or 
 hexachlorobenzenes under alkaline conditions 
 
F023 Wastes (except wastewater and spent carbon (H) 
 from hydrogen chloride purification) from the 
 production of materials on equipment 
 previously used for the production or 
 manufacturing use;as a reactant, chemical 
 intermediate, or component in a formulating 
 process; of tri- and tetrachlorophenols. This 
 listing does not include wastes from 
 equipment used only for the production or use 
 of Hexachlorophene from highly purified 
 2,4,5-trichlorophenol. 
 
F024 Process wastes, including but not limited (T) 
 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 Sections R315-261.31 or 32. 
 
F025 Condensed light ends, spent filters and (T) 
 filter aids, and spent desiccant wastes from 
 the production of certain chlorinated 
 aliphatic hydrocarbons, by free radical 
 catalyzed processes. These chlorinated 
 aliphatic hydrocarbons are those having 
 carbon chain lengths ranging from one to and 
 including five, with varying amounts and 
 positions of chlorine substitution 
 
F026 Wastes, except wastewater and spent carbon (H) 
 from hydrogen chloride purification) from the 
 production of materials on equipment 
 previously used for the manufacturing use, as 
 a reactant, chemical intermediate, or 
 component in a formulating process, of 
 tetra-, penta-, or hexachlorobenzene under 
 alkaline conditions 
 
F027 Discarded unused formulations containing (H) 
 tri-, tetra-, or pentachlorophenol or 
 discarded unused formulations containing 
 compounds derived from these chlorophenols. 
 This listing does not include formulations 
 containing Hexachlorophene sythesized from 
 prepurified 2,4,5-trichlorophenol as the 
 sole component. 
 
F028 Residues resulting from the incineration or (T) 
 thermal treatment of soil contaminated with 
 EPA Hazardous Waste Nos. F020, F021, F022, 
 F023, F026, and F027 
 
F032 Wastewaters, except those that have not come (T) 
 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 
 Section R315-261-35 or potentially 
 cross-contaminated wastes that are otherwise 
 currently regulated as hazardous wastes, 
 i.e., F034 or F035, and where the generator 
 does not resume or initiate use of 
 chlorophenolic formulations. This listing 
 does not include K001 bottom sediment sludge 
 from the treatment of wastewater from wood 
 preserving processes that use creosote and/or 
 pentachlorophenol 
 
F034 Wastewaters (except those that have not come (T) 
 into contact with process contaminants), 
 process residuals, preservative drippage, and 
 spent formulations from wood preserving 
 processes generated at plants that use 
 creosote formulations. This listing does not 
 include K001 bottom sediment sludge from the 
 treatment of wastewater from wood preserving 
 processes that use creosote and/or 
 pentachlorophenol 
 
F035 Wastewaters (except those that have not come (T) 
 into contact with process contaminants), 
 process residuals, preservative drippage, and 
 spent formulations from wood preserving 
 processes generated at plants that use 
 inorganic preservatives containing arsenic or 
 chromium. This listing does not include K001 
 bottom sediment sludge from the treatment of 
 wastewater from wood preserving processes 
 that use creosote and/or pentachlorophenol 
 
F037 Petroleum refinery primary oil/water/solids (T) 
 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 Subsection R315-261-31(b)(2), 
 including sludges generated in one or more 
 additional units after wastewaters have been 
 treated in aggressive biological treatment 
 units, and K051 wastes are not included in 
 this listing. This listing does include 
 residuals generated from processing or 
 recycling oil-bearing hazardous secondary 
 materials excluded under Subsection R315-261- 4 
 (a)(12)(i), if those residuals are to be 
 disposed of 
 
F038 Petroleum refinery secondary (emulsified) (T) 
 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 Subsection R315-261-31(b)(2), 
 including sludges and floats generated in 
 one or more additional units after 
 wastewaters have been treated in aggressive 
 biological treatment units) and F037, K048, 
 and K051 wastes are not included in this 
 listing 
 
F039 Leachate (liquids that have percolated (T) 
 through land disposed wastes) resulting from 
 the disposal of more than one restricted 
 waste classified as hazardous under Sections 
 R316-261-30 through 35. Leachate resulting 
 from the disposal of one or more of the 
 following EPA Hazardous Wastes and no other 
 Hazardous Wastes retains its EPA Hazardous 
 Waste Number(s): F020, F021, F022, F026, 
 F027, and/or F028. 
 
F999 Residues from demilitarization, 
 treatment, R,T,C,H) 
 and testing of nerve, military, and 
 chemical agents CX, GA, GB, GD, H, HD, HL, 
 HN-1, HN-2, HN-3, HT, L, T, and VX. 
 
*(I,T) should be used to specify mixtures that are ignitable and contain toxic constituents.

 

(b) Listing Specific Definitions:

(1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.

(2)(i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and

(A) the units employ a minimum of 6 hp per million gallons of treatment volume; and either

(B) the hydraulic retention time of the unit is no longer than 5 days; or

(C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.

(ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities shall maintain, in their operating or other onsite records, documents and data sufficient to prove that:

(A) the unit is an aggressive biological treatment unit as defined in this subsection; and

(B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.

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

(ii) For the purposes of the F038 listing,

(A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and

(B) floats are considered to be generated at the moment they are formed in the top of the unit.

(4) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process.

(i) Motor vehicle manufacturing is defined to include the manufacture of automobiles and light trucks/utility vehicles, including light duty vans, pick-up trucks, minivans, and sport utility vehicles. Facilities shall be engaged in manufacturing complete vehicles, body and chassis or unibody, or chassis only.

(ii) Generators shall maintain in their on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records shall include: the volume of waste generated and disposed of off site; documentation showing when the waste volumes were generated and sent off site; the name and address of the receiving facility; and documentation confirming receipt of the waste by the receiving facility. Generators shall maintain these documents on site for no less than three years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the Director.

 

R315-261-39. Exclusions and Exemptions - Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.

Used, broken CRTs are not solid wastes if they meet the following conditions:

(a) Prior to processing: These materials are not solid wastes if they are destined for recycling and if they meet the following requirements:

(1) Storage. The broken CRTs shall be either:

(i) Stored in a building with a roof, floor, and walls, or

(ii) Placed in a container, i.e., a package or a vehicle, that is constructed, filled, and closed to minimize releases to the environment of CRT glass, including fine solid materials.

(2) Labeling. Each container in which the used, broken CRT is contained shall be labeled or marked clearly with one of the following phrases: "Used cathode ray tube(s)-contains leaded glass " or "Leaded glass from televisions or computers." It shall also be labeled: "Do not mix with other glass materials."

(3) Transportation. The used, broken CRTs shall be transported in a container meeting the requirements of Subsections R315-261-39(a)(1)(ii) and (2).

(4) Speculative accumulation and use constituting disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in Subsection R315-261-39(c)(8). If they are used in a manner constituting disposal, they shall comply with the applicable requirements of Sections R315-266-20 through 23 instead of the requirements of Section R315-261-39.

(5) Exports. In addition to the applicable conditions specified in Subsections R315-261-39(a)(1)through (4), exporters of used, broken CRTs shall comply with the following requirements:

(i) Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification should be submitted sixty days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a twelve month or lesser period. The notification shall be in writing, signed by the exporter, and include the following information:

(A) Name, mailing address, telephone number and EPA ID number, if applicable, of the exporter of the CRTs.

(B) The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported.

(C) The estimated total quantity of CRTs specified in kilograms.

(D) All points of entry to and departure from each foreign country through which the CRTs will pass.

(E) A description of the means by which each shipment of the CRTs will be transported; e.g., mode of transportation vehicle, air, highway, rail, water, etc.; type(s) of container, drums, boxes, tanks, etc.

(F) The name and address of the recycler or recyclers and the estimated quantity of used CRTs to be sent to each facility, as well as the names of any alternate recyclers.

(G) A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs.

(H) The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there.

(ii) Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., NW., Washington, DC. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."

(iii) Upon request by EPA, the exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.

(iv) EPA shall provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of Subsection R315-261-39(a)(5)(i). Where a claim of confidentiality is asserted with respect to any notification information required by Subsection R315-261-39(a)(5)(i), EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.

(v) The export of CRTs is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA shall forward an Acknowledgment of Consent to Export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA shall notify the exporter in writing. EPA shall also notify the exporter of any responses from transit countries.

(vi) When the conditions specified on the original notification change, the exporter shall provide EPA with a written renotification of the change, except for changes to the telephone number in Subsection R315-261-39(a)(5)(i)(A) and decreases in the quantity indicated pursuant to Subsection R315-261-39(a)(5)(i)(C). The shipment cannot take place until consent of the receiving country to the changes has been obtained, except for changes to information about points of entry and departure and transit countries pursuant to Subsections R315-261-39(a)(5)(i)(D) and (a)(5)(i)(H), and the exporter of CRTs receives from EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting the receiving country's consent to the changes.

(vii) A copy of the Acknowledgment of Consent to Export CRTs shall accompany the shipment of CRTs. The shipment shall conform to the terms of the Acknowledgment.

(viii) If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs shall renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with Subsection R315-261-39(a)(5)(vi) and obtain another Acknowledgment of Consent to Export CRTs.

(ix) Exporters shall keep copies of notifications and Acknowledgments of Consent to Export CRTs for a period of three years following receipt of the Acknowledgment.

(x) CRT exporters shall file with EPA no later than March 1 of each year, an annual report summarizing the quantities, in kilograms; frequency of shipment; and ultimate destination(s), i.e., the facility or facilities where the recycling occurs, of all used CRTs exported during the previous calendar year. Such reports shall also include the following:

(A) The name; EPA ID number, if applicable; and mailing and site address of the exporter;

(B) The calendar year covered by the report;

(C) A certification signed by the CRT exporter that states:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(xi) Annual reports shall be submitted to the office specified in Subsection R315-261-39(a)(5)(ii). Exporters shall keep copies of each annual report for a period of at least three years from the due date of the report.

(b) Requirements for used CRT processing: Used, broken CRTs undergoing CRT processing as defined in Section R315-260-10 are not solid wastes if they meet the following requirements:

(1) Storage. Used, broken CRTs undergoing processing are subject to the requirement of Subsection R315-261-39(a)(4).

(2) Processing.

(i) All activities specified in Subsections [R315-260-10(23)](ii) and (iii) of the definition of CRT Processing in Section R315-260-10 shall be performed within a building with a roof, floor, and walls; and

(ii) No activities may be performed that use temperatures high enough to volatilize lead from CRTs.

(c) Processed CRT glass sent to CRT glass making or lead smelting:[ ] Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in Subsection R315-261-1(c)(8).

(d) Use constituting disposal:[ ] Glass from used CRTs that is used in a manner constituting disposal shall comply with the requirements of Section R315-266-20 through 23 instead of the requirements of Section R315-261-39.

[(x) CRT exporters shall file with EPA no later than March 1 of each year, an annual report summarizing the quantities, in kilograms; frequency of shipment; and ultimate destination(s), i.e., the facility or facilities where the recycling occurs, of all used CRTs exported during the previous calendar year. Such reports shall also include the following:

(A) The name, EPA ID number, if applicable, and mailing and site address of the exporter;

(B) The calendar year covered by the report;

(C) A certification signed by the CRT exporter that states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(xi) Annual reports shall be submitted to the office specified in Subsection R315-261-39(a)(5)(ii). Exporters shall keep copies of each annual report for a period of at least three years from the due date of the report.]

 

R315-261-141. Financial Requirements for Management of Excluded Hazardous Secondary Materials - Definitions of Terms as Used in Sections R315-261-140 Through 151.

The terms defined in 40 CFR 265.141(d), (f), (g), and (h), which are adopted by reference, have the same meaning in Sections R315-140 through 143 and R315-261-147 through 151 as they do in 40 CFR 265.141, which is adopted by reference.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106

 

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