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, 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

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.