R315-261-32. Lists of Hazardous Wastes - Hazardous Wastes from Specific Sources

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

TABLE

Industry

and EPA

hazardous

waste No. Hazardous waste Hazard

                                                        code

Wood

preservation:

K001 Bottom sediment sludge from the treatment of (T)

            wastewaters from wood preserving processes

            that use creosote and/or pentachlorophenol

Inorganic

pigments:

K002 Wastewater treatment sludge from the (T)

             production of chrome yellow and orange

             pigments

K003 Wastewater treatment sludge from the (T)

             production of molybdate orange pigments

K004 Wastewater treatment sludge from the (T)

             production of zinc yellow pigments

K005 Wastewater treatment sludge from the (T)

             production of chrome green pigments

K006 Wastewater treatment sludge from the (T)

             production of chrome oxide green pigments,

             anhydrous and hydrated,

K007 Wastewater treatment sludge from the (T)

             production of iron blue pigments

K008 Oven residue from the production of chrome (T)

             oxide green pigments

Organic

chemicals:

K009 Distillation bottoms from the production of (T)

             acetaldehyde from ethylene

K010 Distillation side cuts from the production (T)

             of acetaldehyde from ethylene

K011 Bottom stream from the wastewater (R,T)

             stripper in the production of acrylonitrile

K013 Bottom stream from the acetonitrile (R,T)

             column in the production of acrylonitrile

K014 Bottoms from the acetonitrile purification (T)

             column in the production of acrylonitrile

K015 Still bottoms from the distillation of (T)

             benzyl chloride

K016 Heavy ends or distillation residues (T)

             from the production of carbon tetrachloride

K017 Heavy ends (still bottoms) from the (T)

             purification column in the production of

             epichlorohydrin

K018 Heavy ends from the fractionation column in (T)

             ethyl chloride production

K019 Heavy ends from the distillation of (T)

             ethylene dichloride in ethylene dichloride

             production

K020 Heavy ends from the distillation of vinyl (T)

             chloride in vinyl chloride monomer production

K021 Aqueous spent antimony catalyst waste from (T)

             fluoromethanes production

K022 Distillation bottom tars from the (T)

             production of phenol/acetone from cumene

K023 Distillation light ends from the production (T)

             of phthalic anhydride from naphthalene

K024 Distillation bottoms from the production of (T)

             phthalic anhydride from naphthalene

K025 Distillation bottoms from the production of (T)

             nitrobenzene by the nitration of benzene

K026 Stripping still tails from the (T)

             production of methy ethyl pyridines

K027 Centrifuge and distillation residues (R,T)

             from toluene diisocyanate production

K028 Spent catalyst from the hydrochlorinator (T)

             reactor in the production of

             1,1,1-trichloroethane

K029 Waste from the product steam stripper in (T)

             the production of 1,1,1-trichloroethane

K030 Column bottoms or heavy ends from the (T)

             combined production of trichloroethylene and

             perchloroethylene

K083 Distillation bottoms from aniline (T)

             production

K085 Distillation or fractionation column (T)

             bottoms from the production of chlorobenzenes

K093 Distillation light ends from the production (T)

             of phthalic anhydride from ortho-xylene

K094 Distillation bottoms from the production of (T)

             phthalic anhydride from ortho-xylene

K095 Distillation bottoms from the production of (T)

             1,1,1-trichloroethane

K096 Heavy ends from the heavy ends column from (T)

             the production of 1,1,1-trichloroethane

K103 Process residues from aniline extraction (T)

             from the production of aniline

K104 Combined wastewater streams generated from (T)

             nitrobenzene/aniline production

K105 Separated aqueous stream from the reactor (T)

             product washing step in the production of

             chlorobenzenes

K107 Column bottoms from product separation (C,T)

             from the production of

             1,1-dimethylhydrazine (UDMH) from

             carboxylic acid hydrazides

K108 Condensed column overheads from product (I,T)

             separation and condensed reactor vent gases

             from the production of 1,1-dimethylhydrazine

             (UDMH) from carboxylic acid hydrazides

K109 Spent filter cartridges from product (T)

             purification from the production of

             1,1-dimethylhydrazine (UDMH) from carboxylic

             acid hydrazides

K110 Condensed column overheads from (T)

             intermediate separation from the production

             of 1,1-dimethylhydrazine (UDMH) from

             arboxylic acid hydrazides

K111 Product washwaters from the production (C,T)

             of dinitrotoluene via nitration of

             toluene

K112 Reaction by-product water from the drying (T)

             column in the production of toluenediamine

             via hydrogenation of dinitrotoluene

K113 Condensed liquid light ends from the (T)

             purification of toluenediamine in the

             production of toluenediamine via hydrogenation

             of dinitrotoluene

K114 Vicinals from the purification of (T)

             toluenediamine in the production of

             toluenediamine via hydrogenation of

             dinitrotoluene

K115 Heavy ends from the purification of (T)

             toluenediamine in the production of

             toluenediamine via hydrogenation of

             dinitrotoluene

K116 Organic condensate from the solvent (T)

             recovery column in the production of toluene

             diisocyanate via phosgenation of

             toluenediamine

K117 Wastewater from the reactor vent gas (T)

             scrubber in the production of ethylene

             dibromide via bromination of ethane

K118 Spent adsorbent solids from purification of (T)

             ethylene dibromide in the production of

             ethylene dibromide via bromination of ethane

K136 Still bottoms from the purification of (T)

             ethylene dibromide in the production of

             ethylene dibromide via bromination of ethane

K149 Distillation bottoms from the production of (T)

             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, excluding spent carbon (T)

             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 sludges, excluding (T)

             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 heavy ends, still (T)

             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 scrubber waters, (T)

             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 filter/separation (T)

             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 treatment of (T)

             thiocarbamate wastes

K161 Purification solids; including (R,T)

             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 sludges from the (T)

             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 shall, 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 shall 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 sludges from the (T)

             production of vinyl chloride monomer using

             mercuric chloride catalyst in an

             acetylene-based process

K181 Nonwastewaters from the production of dyes (T)

             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 Subsection R315-261-32(c)

             that are equal to or greater than the

             corresponding Subsection R315-261-32(c)

             levels, as determined on a calendar year

             basis. These wastes will not be hazardous

             if the nonwastewaters are:

             (i) disposed in a Class I or V lined

             landfill,

             (ii) disposed in a hazardous waste

             landfill unit subject to either Section

             R315-264-301 or 40 CFR 265.301,

             which is adopted by reference,

             (iii) disposed in other landfill units

             that are Class I or V lined landfills

             regulated under Rules R315-301 through

             320 or meet the design criteria in

             Sections R315-264-301, or 40 CFR 265.301,

             which is adopted by reference, or

             (iv) treated in a combustion unit that is

             permitted under Rules R315-260 through 270,

             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 Subsection

             R315-261-32(b)(1). Section R315-261-32(d)

             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

             Sections R315-261-21 through 24 and

             R315-261-31 through 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 from the mercury (T)

             cell process in chlorine production, where

             separately prepurified brine is not used

K073 Chlorinated hydrocarbon waste from the (T)

             purification step of the diaphragm cell

             process using graphite anodes in chlorine

             production

K106 Wastewater treatment sludge from the (T)

             mercury cell process in chlorine production

K176 Baghouse filters from the production of (E)

             antimony oxide, including filters from the

             production of intermediates, e.g., antimony

             metal or crude antimony oxide

K177 Slag from the production of antimony oxide (T)

             that is speculatively accumulated or

             disposed, including slag from the

             production of intermediates, e.g.,

             antimony metal or crude antimony oxide

K178 Residues from manufacturing and (T)

             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 generated in the (T)

             production of MSMA and cacodylic acid

K032 Wastewater treatment sludge from the (T)

             production of chlordane

K033 Wastewater and scrub water from the (T)

             chlorination of cyclopentadiene in the

             production of chlordane

K034 Filter solids from the filtration of (T)

             hexachlorocyclopentadiene in the

             production of chlordane

K035 Wastewater treatment sludges generated (T)

             in the production of creosote

K036 Still bottoms from toluene reclamation (T)

             distillation in the production of

             disulfoton

K037 Wastewater treatment sludges from the (T)

             production of disulfoton

K038 Wastewater from the washing and stripping (T)

             of phorate production

K039 Filter cake from the filtration of (T)

             diethylphosphorodithioic acid in the

             production of phorate

K040 Wastewater treatment sludge from the (T)

             production of phorate

K041 Wastewater treatment sludge from the (T)

             production of toxaphene

K042 Heavy ends or distillation residues from (T)

             the distillation of tetrachlorobenzene in

             the production of 2,4,5-T

K043 2,6-Dichlorophenol waste from the (T)

             production of 2,4-D

K097 Vacuum stripper discharge from the (T)

             chlordane chlorinator in the production

             of chlordane

K098 Untreated process wastewater from the (T)

             production of toxaphene

K099 Untreated wastewater from the production (T)

             of 2,4-D

K123 Process wastewater (including supernates, (T)

             filtrates, and washwaters) from the

             production of ethylenebisdithiocarbamic

             acid and its salt

K124 Reactor vent scrubber water from the (C,T)

             production of ethylenebisdithiocarbamic

             acid and its salts

K125 Filtration, evaporation, and (T)

             centrifugation solids from the production

             of ethylenebisdithiocarbamic acid and its

             salts

K126 Baghouse dust and floor sweepings in (T)

             milling and packaging operations from the

             production or formulation of

             ethylenebisdithiocarbamic acid and its

             salts

K131 Wastewater from the reactor and spent (C,T)

             sulfuric acid from the acid dryer from

             the production of methyl bromide

K132 Spent absorbent and wastewater separator (T)

             solids from the production of methyl

             bromide

Explosives:

K044 Wastewater treatment sludges from the (R)

             manufacturing and processing of explosives

K045 Spent carbon from the treatment of (R)

             wastewater containing explosives

K046 Wastewater treatment sludges from the (T)

             manufacturing, formulation and loading of

             lead-based initiating compounds

K047 Pink/red water from TNT operations (R)

Petroleum

refining:

K048 Dissolved air flotation (DAF) float from (T)

             the petroleum refining industry

K049 Slop oil emulsion solids from the (T)

             petroleum refining industry

K050 Heat exchanger bundle cleaning sludge from (T)

             the petroleum refining industry

K051 API separator sludge from the petroleum (T)

             refining industry

K052 Tank bottoms, leaded, from the petroleum (T)

             refining industry

K169 Crude oil storage tank sediment from (T)

             petroleum refining operations

K170 Clarified slurry oil tank sediment and/or (T)

             in-line filter/separation solids from

             petroleum refining operations

K171 Spent Hydrotreating catalyst from (I,T)

             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 catalyst from (I,T)

             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/sludge from the (T)

             primary production of steel in electric

             furnaces

K062 Spent pickle liquor generated by steel (C,T)

             finishing operations of facilities

             within the iron and steel industry,

             SIC Codes 331 and 332

Primary

aluminum:

K088 Spent potliners from primary aluminum (T)

             reduction

Secondary

lead:

K069 Emission control dust/sludge from (T)

             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

K100 Waste leaching solution from acid (T)

             leaching of emission control dust/sludge

             from secondary lead smelting

Veterinary

pharmaceuticals:

K084 Wastewater treatment sludges generated (T)

             during the production of veterinary

             pharmaceuticals from arsenic or

             organo-arsenic compounds

K101 Distillation tar residues from the (T)

             distillation of aniline-based compounds

             in the production of veterinary

             pharmaceuticals from arsenic or

             organo-arsenic compounds

K102 Residue from the use of activated carbon (T)

             for decolorization in the production of

             veterinary pharmaceuticals from arsenic or

             organo-arsenic compounds

Ink

formulation:

K086 Solvent washes and sludges, caustic washes (T)

             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 from coking (T)

             operations

K087 Decanter tank tar sludge from coking (T)

             operations

K141 Process residues from the recovery of coal (T)

             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 from the (T)

             production of coke from coal or from the

             recovery of coke by-products produced from

             coal

K143 Process residues from the recovery of (T)

             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 from light oil (T)

             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 collection and (T)

             recovery operations from the recovery of

             coke by-products produced from coal

K147 Tar storage tank residues from coal tar (T)

             refining

K148 Residues from coal tar distillation, (T)

             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.

TABLE

Constituent Chemical Mass levels

                            abstracts 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 Subsections R315-261-32(d)(1) through(d)(3) and (d)(5) 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 Subsection R315-261-32(a). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in Subsection R315-261-32(a), 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, the generator shall maintain documentation as described in Subsection R315-261-32(d)(4).

  (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 Subsection R315-261-32(c), can use their knowledge to determine that their waste is not K181. The generator shall 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 Subsection R315-261-32(c). To make this determination, the generator shall:

  (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 shall comply with the requirements of Subsection R315-261-32(d)(3) 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 shall perform all of the steps described in Subsections R315-261-32(d)(3)(i) through (d)(3)(xi) in order to make a determination that its waste is not K181.

  (i) Determine which K181 constituents, see Subsection R315-261-32(c), 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 shall comply with the procedures for using knowledge described in Subsection R315-261-32(d)(2) and keep the records described in Subsection R315-261-32(d)(2)(iv). For determinations based on sampling and analysis, the generator shall comply with the sampling and analysis and recordkeeping requirements described in Subsections R315-261-32(d)(3)(iii) through (xi).

  (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 shall include:

  (A) A discussion of the number of samples needed to characterize the wastes fully;

  (B) The planned sample collection method to obtain representative waste samples;

  (C) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.

  (D) A detailed description of the test methods to be used, including sample preparation, clean up, if necessary, and determinative methods.

  (iv) Collect and analyze samples in accordance with the waste sampling and analysis plan.

  (A) The sampling and analysis shall be unbiased, precise, and representative of the wastes.

  (B) The analytical measurements shall be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of Subsection R315-261-32(c).

  (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 Subsection R315-261-32(c) 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 shall 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 shall keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change shall 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 shall 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 hazardous waste requirements during the interim period, the generator could be subject to an enforcement action for improper management.