CHAPTER IV QUALITY SERVICES

PART 371

IDENTIFICATION AND LISTING OF HAZARDOUS WASTES

§ 371.1

(Statutory authority; Environmental Conservation Law, art. 1, title 1, art. 3, title 3,

1119-0301.19-0303.19-0304.19-0306.23-2305. 23-2307. 23-2308. art. 27. II 27-0105.

27-0106.27-0305.27-0905. lilies I. 3. 7. 9. II 70-0107. 70-0109. 70-0115. art. 71.

§ 71-2201, titles 27, 35)

Sec.

371.1

371.2

371.3

371.4

General

Criteria for identifying the characteristics of hazardous waste and for listing

hazardous wastes

Characteristics of hazardous waste

Lists of hazardous wastes

Historical Note

Part (§§ 371.1-371.4) filed May 14, 1985 efr. 60 days after filing.

§ 371.1 General.

(a) Purpose and scope. This Part establishes the procedures for identifying those solid

wastes which are subject to regulation as hazardous wastes under Parts 370 through 373, and 376

of this Title. However, even though a given material is defined as a hazardous waste under this

Part, it may be exempt from one or more of the substantive provisions of those Parts, as specified

in each respectively. Definitions for terms used in this Part are given in Part 370 of this Title. For

the purposes of subdivisions (c) and (g) of this section:

(1) A material is accumulated speculatively if it is accumulated before being recycled. A

material is not accumulated speculatively, however. if the person accumulating it can show that

the material is potentially recyclable and has a feasible means of being recycled; and that

during the calendar year (commencing on January 1st) the amount of material that is recycled,

or transferred to a different site for recycling, equals at least 75 percent by weight or volume of

the amount of that material accumulated at the beginning of the period. In calculating the

percentage of turnover, the 75-percent requirement is to be applied to each material of the same

type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from

which the same material is recovered or that is used in the same way), Materials accumulating

in units that would be exempt from regulation under section 372.1(e)(7) of this Title are not to

be included in making the calculation. (Materials that are already defined as solid wastes also

are not to be included in making the calculation,) Materials are no longer in this category once

they are removed from accumulation by recycling, however.

(2) A byproduct is a material that is not one ofthe primary products of a production process

and is not solely or separately produced by the production process. Examples are process

residues such as slags or distillation column bottoms. The term does not include a coproduct

that is produced for the general public's use and is ordinarily used in the same form as produced

by the process.

(3) A material is reclaimed if it is processed to recover a usable product. or if it is

regenerated. Examples are recovery of lead values from spent batteries and regeneration of

spent solvents.

(4) A material is recycled if it is used, reused or reclaimed.

(5) A material is regenerated if it is restored to its original physical and chemical properties.

(6) Scrap mewl is bits and pieces of metal parts (e,g., bars. turnings. rods. sheets, wire) or

metal pieces that may be combined together with bolts and soldering (e,g., radiators, scrap

automobiles. railroad boxcars), which when worn or superfluous can be recycled.

(7) A spent maten'al is any material that has been used and as a result of contamination can

no longer serve the purpose fOf which it was produced without processing.

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§371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(8) A material is used or reused if it is either:

(i) employed as an ingredient (including use as an intermediate) in an industrial process

to make a product (for example. distillation bottoms from one process used as feedstock in

another process). However, a material will not satisfy this condition if distinct components

of the material are recovered as separate end products (as when metals are recovered from

metal containing secondary materials); or

(ii) employed in a particular function or application as an effective substitute for a

commercial product (for example, spent pickle liquor used as phosphorus precipitant and

sludge conditioner in wastewater treatment).

(9) Excluded scrap metal is processed scrap metaL unprocessed home scrap metal. and

unprocessed prompt scrap metal.

(10) Processed scrap metal is scrap metal which has been manually or physically altered to

either separate it into distinct materials to enhance economic value or to improve the handling

of materials. Processed scrap metal includes, but is not limited to scrap metal which has been

baled. shredded, sheared, chopped, crushed, flattened. cut. melted. or separated by metal type

(i.e., sorted), and, fines, drosses and related materials which have been agglomerated.

Note: Shredded circuit boards being sent for recycling are not considered

processed scrap metal. They are covered under the exclusion from the

definition ofsolid waste for shredded circuit boards being recycled (see

subparagraph [e)[IJ[xiv] of this section).

(II) Home scrap metal is scrap metal as generated by steel mills, foundries. and refineries

such as turnings, cuttings, punchings, and borings.

(12) Prompt scrap metal is scrap metal as generated by the metal working/fabrication

industries and includes such scrap metal as turnings, cuttings, punchings. and borings. Prompt

scrap is also known as industrial or new scrap metal.

(b) Applicability. The identification and listing of hazardous wastes given in this Part

supersedes any other definition given in any other Part of this Title.

(c) Definition of solid waste. (1) A solid waste is any discarded material that is not

excluded under paragraph (e)(1) of this section or that is not excluded by variance granted

under section 370.3(d) and (e) of this Title.

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

(i) abandoned as explained in paragraph (3) of this subdivision; or

(ij) recycled as explained in paragraph (4) of this subdivision; or

(iii) considered inherently waste-like as explained in paragraph (5) of this subdivision;

or

(Iv) a military munition identified as a solid waste in section 374-1.13(c) of this Title.

(3) Materials are solid waste if they are abandoned by being:

(i) disposed of; or

(ii) burned or incinerated; or

(iii) accumulated, stored or treated (but not recycled) before or in lieu of being aban~

doned by being disposed of, burned or incinerated.

(4) Materials are solid waste ifthey are recycled-or accumulated. stored or treated before

recycling -asspecified in subparagraphs (i)-(iv) of this paragraph.

(1) Used in a manner constituting disposaL

(a) Materials noted with an asterisk in column 1 ofTable I are solid wastes when they

are:

(/) applied to or placed on the land in a manner that constitutes disposal; or

(2) contained in products that are applied to the land (in which case the product

remains a solid waste).

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(b) Commercial products listed in section 371.4(d) of this Part are not solid wastes if

they are applied to the land and that is their ordinary manner of use.

(ii) Burning for energy recovery.

(a) Materials noted with an asterisk in column 2 ofTable 1 are solid wastes when they

are:

(1) burned to recover energy; or

(2) used to produce a fuel or are otherwise contained in fuels (in which case the fuel

itself remains a solid waste).

(b) However, commercial products listed in section 371.4(d) of this Part are not solid

waste if they are fuels.

(iii) Reclaimed materials noted with an asterisk in column 3 of Table 1 are solid wastes

when reclaimed.

(iv) Materials accumulated speculatively noted with an asterisk in column 4 of Table 1

are solid waste when accumulated speculatively.

(5) Inherently waste-like materials. The following materials are solid wastes when they are

recycled in any manner:

(i) Hazardous waste numbers F02D, F021 (unless used as an ingredient to make a

product at the site of generation). P022, P023, P026 and P028.

(ii) 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 section 371.3 or 371.4 ofthis

Part, except for brominated material that meets the fonowing criteria:

(a) the material must contain a bromine concentration of at least 45 percent;

(b) the material must contain less than a total of one percent of toxic organic compounds listed in Appendix 23; and

(c) the material is processed continually on-site in the halogen acid furnace via direct

conveyance (hard piping).

(iii) The commissioner will use the following criteria to add waste to that list:

(a) the materials are ordinarily disposed of, burned or incinerated; or

(b) the materials contain toxic constituents listed in Appendix 23. infra, 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

(c) the materials may pose a substantial hazard to human health and the environment

when recycled.

(6) Materials that are not solid waste when recycled. 0) Materials are not solid waste

when they can be shown to be recycled by being:

(a) used or reused as ingredients in an industrial process to make a product, provided

the materials are not being reclaimed; or

(b) used or reused as effective substitutes for commercial products; or

(c) returned to the original process from which they are generated, without first being

reclaimed or land disposed. The material must 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 must be managed such that there is no placement on the

land.

(ii) The following materials are solid wastes, even ifthe recycling involves use, reuse, or

return to the process as described in clauses (i)(a) through (c) of this paragraph:

(a) materials used in a manner constituting disposal, or used to produce products that

arc applied to the land; or

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§ 371.1 TITLE6 ENVIRONMENTAL CONSERVATION

(b) materials burned for energy recovery, used to produce fuel, or contained in fuels;

or

(c) materials accumulated speculatively; or

(d) materials listed in subparagraphs (5)(1) and (ii) of this subdivision.

(7) Partics who raise a claim that a certain material is not a solid or hazardous waste, or is

exempt or conditionally exempt from regulation, based on the intent to reclaim, recycle or

reuse, must notify the department, in writing, before utilizing the exemption or exclusion. Such

notification shall give the names and locations of the generating and receiving facilities, if

different, identify all exemptions or exclusions that the party is claiming, and describe the

activity or activities which are believed to qualify for such exemptions or exclusions. Respondents in actions to enforce regulations, implementing article 27, who raise a claim that a certain

material is not a solid or hazardous waste, or is exempt or conditionally exempt from regulation, when intended for reclamation, recycling, or reuse, must demonstrate:

(i) for on-site reclamation, recycling, or reuse, that the party meets the tenus of the

exclusion or exemption; or

(ii) for off-sile reclamation, recycling, or reuse:

(a) that there is a known market or disposition for the material;

(b) that the owner or operator of the receiving facility has the necessary equipment

and capacity to process the entire volume of material offered; and

(c) through appropriate documentation, such as contracts, that the receiving party will

reclaim, recycle, use, or reuse the material in such a manner as to qualify it for the

exemption or exclusion,

Table 1

Use Enei~y Speculative

constituting recovery/ accumuladisposal fuel Reclamation tion

(I) (2) (3) (4)

Spent materials * * * Sludges listed in 371.4(b) and (c) * * * * Sludges exhibiting a characteristic of * * * hazardous waste

Byproducts listed in 371 A(b) and (c) * * * Byproducts exhibiting a characteristic of * * * hazardous waste

Commercial chemical products listed in * * 371.4(d)

Scrap metal other than excluded scrap * * * * metal (see 371.1 [a][9])

Note: the terms spent materials, sludges, by-products, and scrap metal and

processed scrap metal are defined in subdivision (a) of this section.

(d) Definition a/hazardous waste. (1) A solid waste, as defined in subdivision (c) of this

section, is a hazardous waste if:

(i) it is not excluded from regUlation as a hazardous waste under paragraph (e)(2) of this

section; and

(li) it meets any of the following criteria:

(a) it exhibits any of the characteristics of hazardous waste identified in section 371,3

of this Part. However, any mixture of a waste from the extraction, beneficiation, and

processing of ores and minerals excluded under subdivision (e)(2)(vi) of this section and

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CHAPTER IV QUALITY SERVICES § 371.1

any other solid waste exhibiting a characteristic of hazardous waste under section 371.3 of

this Part 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 ofthe characteristics exhibited by the nonexcluded 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 I in section 37I.3(e) of this Part that would not have been

exceeded by the excluded waste alone ifthe mixture had not occurred or ifit continues to

exceed the maximum concentration for any contaminant exceeded by the nonexempt

waste prior to mixture.

(b) It is listed in section 371.4 of this Part and has not been excluded from the lists in

section 371.4 under the provisions of section 370.3(a) and (c) of this Title..

(8) [~!liilll"l'Blij

(d) It is a mixture of solid waste and one or more hazardous wastes listed in section

371.4 of this Part and has not been excluded from this subparagraph under section

370.3(a) and (c) of this Title. or paragraph (6) or (7) of this subdivision; however, the

following mixtures of solid wastes and hazardous wastes listed in section 371.4 of this

Part are not hazardous wastes (except by application of clause (a) or (b) of this subparagraph) 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 (see section 370.1 [e][7]{iii] of this Title) (including wastewater at

facilities which have eliminated the discharge of wastewater) and:

(1) one or more of the following spent solvents listed in section 371.4(b) of this

Part-carbon tetrachloride. tetrachloroethylene, trichloroethylene-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 one mgll; or

(2) one or more of the following spent solvents listed in section 371.4(b) of this

Part- methylene chloride, 1.1,I-trichloroethane. chlorbenzene, o-dichlorbenzene, cresols, cresylic acid. nitrobenzene. toluene, methyl ethyl ketone, carbon disulfide,

isobutanol. pyridine, spent chlorofluorocarbon 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 mgtl; or

(3) one of the following wastes listed in section 371.4(c) of this Part, 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. KOSO), 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. KI71), and' spent hydrorefining catalyst (EPA Hazardous Waste No. Kin); or

(4) a discarded commercial chemical product, or chemical intermediate listed in

section 371.4(d) of this Part arising from de minimis losses of these materials from

manufacturing operations in which these materials are used as raw materials or are

produced in the manufacturing process. For purposes of this SUbparagraph, de minimis

means unintentional and minor losses of hazardous materials which occur unavoidably

as a result of normal manufacturing processes. De minimis losses include those from

normal material handling operation (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

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§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

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; or

(5) wastewater resulting from laboratory operations containing any toxic (T)

wastes listed in section 371.4 of this Part, 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 pretreatment system, or provided

the wastes' combined annualized average concentration does not exceed one mg/l in the

headworks of the facility's wastewater treatment or pretreatment facility. The annualized average flow means the IOtal flow registered for the calendar year divided by the

number of operating days of the laboratory. The combined annualized average concentration means the weight of the combination of wastes divided by the annualized

average flow. Toxic (n wastes used in laboratories that are demonstrated not to be

discharged to wastewater are not to be included in this calculation; or

(6) one or more of the following wastes listed in section 371.4{c) of this Panwastewaters from the production of carbamates and carbamoyl oxime:. (EPA Hazardous Waste No. K157)-provided that the maximum weekly usage of formaldehyde,

methyl chloride, methylene chloride, and triethylamine (including all amounts that can

not 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 dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of five mg/I; or

(7) wastewaters derived from the treatment of one or more of the following wastes

listed in section 371.4(c) of this Part-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. K 156)-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 five milligrams per liter.

total halogens is presumed to be a hazardous waste because it has been mix ith

halogenated hazardous waste listed in section 371.4. Persons may rebut this sumption

by demonstrating that the used oil does not contain hazardous waste r example, by

using an analytical method from SW 846, Third Edition. to show th e used oil does not

contain significant concentnllions of halogenated hazardous c tituents listed in Appendix 23). EPA Publication SW-846, Third Edition, is able from the Government

Printing Office, Superintendent of Documents. . . Box 371954, Pittsburgh. PA

15250-7954. (202) 783-3238 (document numb 5-001-00000-1).

(1) The rebuttable presumption d not apply to metalworking oilslfluids containing chlorinated paraffins, if they processed, through a tolling agreement, to reclaim

metalworking oilslfluids. T presumption does apply to metalworking oilslf1uids if

such oilslfluids are rec ed in any other manner, or disposed.

(2) The reb able presumption does not apply to used oils contaminated with

chlorofluro ons (CFCs) removed from refrigeration units where the CFCs are destined reclamation. The rebuttable presumption does apply to used oils contaminated

CFCs that have been mixed with used oil from sources other than refrigeration

(2) A solid waste which is not excluded from regulation under SUbparagraph (I)(i) of this

subdivision becomes a hazardous waste when any of the following events occur:

(i) In the case of a waste listed in section 371.4. when the waste first meets the listing

description therein.

(ii) In the case of a mixture of solid waste and one or more listed hazardous wastes,

when a hazardous waste listed in section 371A is first added to the solid waste.

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(iii) In the case of any other waste (including a waste mixture), when the waste exhibits

any of the characteristics identified in section 371.3.

(3) Unless and until it meets the criteria of paragraph (4) of this subdivision:

(i) A hazardous waste will remain a hazardous waste.

(ii) (0) Except as otherwise provided in clause (b) of this subparagraph, paragraph (6)

or (7) of this subdivision. 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 runoff), is a hazardous waste. (However,

materials that are reclaimed from solid waste and used beneficially are not solid waste and

hence are not hazardous waste under this provision unless the reclaimed material is burned

for energy recovery or used in a manner constituting disposal.)

(b) The following solid waste is not hazardous even though it is generated from the

treatment. storage. or disposal of a hazardous waste, unless it exhibits one or more of the

characteristics of hazardous waste:

(1) Waste pickle liquor sludge generated by lime stabilization ofspent pickle liquor

from the iron and steel industry (SIC codes 33 I and 332).

(2) Waste from burning any of the materials exempted from regulation by clauses

(g)(l )(iii)(c) and (d) of this section.

(3) (i) Nonwastewater residues. such as slag. resulting from high temperature

metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identi~

fied as rotary kilns. flame reactors. electric furnaces, plasma arc furnaces, slag

reactors. rotary hearth furnace/electric furnace combinations or industrial furnaces

(as defined in the definition for industrial furnace in section 370.2[b] of this Title).

that are disposed in solid waste management facilities, provided that these residues

meet the generic exclusion levels identified in the tables in this clause for all

constituents, and exhibit no characteristics of hazardous waste. Testing requirements

must be incorporated in a facility's waste analysis plan; at a minimum, composite

samples of residues must be collected and analyzed quarterly and/or when the

process or operation generating the waste changes. Persons claiming this exclusion in

an enforcement action will have the burden of proving by clear and convincing

evidence that the material meets all of the exclusion requirements.

Generic exclusion levels for K06 J and K062

nonwastewater HTMR residues

Constituent

Antimony

Arsenic

Barium

Beryllium

Cadmium

Chromium (tola1)

Lead

Mercury

Nickel

Selenium

Silver

Thallium

Zinc

Maximumfor any single composite

sample-TCL? (mgll)

0.10

0.50

7.6

0.010

0.050

0.33

0.15

0.009

1.0

0.16

030

0.020

70

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§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

Generic exclusion levels for FOO6 nonwastewater

HTMR residues

Constituent

Antimony

Arsenic

Barium

Beryllium

Cadmium

Chromium (total)

Cyanide (total) (mglkg)

Lead

Mercury

Nickel

Selenium

Silver

Thallium

Zinc

Maximum for any single composite

sample-TeL? (mgll)

0.10

0.50

7.6

0.010

0.050

0.33

1.8

0.15

0.009

1.0

0.16

0.30

0.020

70

(ii) A one-time notification and certification must be placed in the facility's files

and sent to the department for K061, K062 or FOO6 HTMR residues that meet the

generic exclusion levels for all constituents and do not exhibit any characteristics that

are sent to solid waste management facilities. The notification and certification that is

placed in the generator's or treater's files must be updated if the process or operation

generating the waste changes and/or if the solid waste management facility receiving

the waste changes. However, the generator or treater need only notify the department

on an annual basis if such changes occur. Such notification and certification should

be sent to the department no later than the end of the calendar year. The notification

must include the following information: the name and address of the solid waste

management facility receiving the waste shipments; the EPA hazardous waste number(s) and tractability group(s) at the initial point of generation; and. the treatment

standards applicable to the waste at the initial point of generation. The certification

must be signed by an authorized representative and must 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."

(4) Biological treatment sludge from the treatment of one of the following wastes

listed in section 371.4(c) of this Part-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 carbamoyloximes (EPA Hazardous Waste No.

KI57).

(5) Catalyst inert support media separated from one of the following wastes listed

in section 371.4(c) of this Part-spent hydrotreating catalyst (EPA Hazardous Waste

No. KJ71), and spent hydroefining catalyst (EPA Hazardous Waste No. KI72).

(4) Any solid waste described in paragraph (3) of this subdivision is not a hazardous waste

if it meets the following criteria:

(i) In the case of any solid waste. it does not exhibit any of the characteristics of a

hazardous waste identified in section 371.3 of this Part. (However, wastes that exhibit a

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characteristic at the point of generation may still be subject to the requirements of Part 376 of

this Title, even if they no longer exhibit a characteristic at the point of land disposal.)

(ii) In the case of a waste which is a waste listed under section 371.4. contains a waste

listed under section 371.4 or is derived from a waste listed under section 371.4, it also has

been excluded from paragraph (3) of this subdivision under section 370.3(a) and (c) of this

Title. Section 370.3(c) provides for the petitioning for exclusion of a listed waste produced at

a particular facility.

(5) Notwithstanding paragraphs (1) through (4) ofthis subdivision and provided the debris

as defined in Part 376 of this Title does not exhibit a characteristic identified at section 371.3 of

this Part, the following materials are not subject to regulation under Parts 370 through 374 or

376 of this Title:

(i) hazardous debris as defined in Part 376 of this Title that has been treated using one of

the required extraction or destruction technologies specified in Table I ofsection 376.4(g) of

this Title; persons claiming this exclusion in an enforcement action will have the burden of

proving by clear and convincing evidence that the material meets all of the exclusion

requirements; or

(ij) debris as defined in Part 376 of this Title that the commissioner, considering the

extent of contamination, has determined is no longer contaminated with hazardous waste.

(6) (i) A hazardous waste that is listed in section 371.4 of this Part solely because it

exhibits one or more characteristics of ignitability as defined under section 371.3(b) of this

Part, corrosivity as defined under section 371.3(c) of this Part, or reactivity as defined under

section 371.3(d) of this Part is not a hazardous waste, if the waste no longer exhibits any

characteristic of hazardous waste identified in section 371.3 of this Part.

(ii) The exclusion described in subparagraph (i) of this paragraph also pertains to:

(a) any mixture of a solid waste and a hazardous waste listed in section 371.4 of this

Part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity

as related under clause (I )(ii)(d) of this subdivision; and

(b) any solid waste generated from treating, storing. or disposing of a hazardous

waste listed in section 371.4 of this Part solely because it exhibits the characteristics of

ignitability. corrosivity, or reactivity as regulated under clause (3)(ii)(0) of this subdivision.

(iii) Wastes excluded under thus paragraph are subject to Part 376 of this Title (as

applicable). even if they no longer exhibit a characteristic at the point of land disposal.

(iv) Any mixture of a solid waste excluded from regulation under subparagraph

(e)(2)(vi) of this section and a hazardous waste listed in sectiop 371.4 of this Part solely

because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity

as regulated under clause (1 )(ii)(d) of this subdivision is not a hazardous waste, if the

mixture no longer exhibits any characteristic of hazardous waste identified in section 371.3

of this Part for which the hazardous waste listed in section 371.4 ofthis Part was listed.

(7) (i) Hazardous waste containing radioactive waste is no longer a hazardous waste

when it meets the eligibility criteria and conditions of section 374-1.9 of this Title (Eligible

radioactive mixed waste).

(ii) The exemption described in subparagraph (i) of this paragraph also pertains to:

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

(b) any solid waste generated from treating, storing, or disposing of an eligible

radioactive mixed waste.

(iii) Waste exempted under this paragraph must meet the eligibility criteria and specified conditions in section 374-1.9(b)(2) and (3) (for storage and treatment) and in section

374-1.9(i)(I) and (j)(I) (for transportation and disposal) of this Title. Waste that fails to

satisfy these eligibility criteria and conditions is regulated as hazardous waste.

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§371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(e) Exclusions. (1) Materials which are not solid wastes. The following materials are not

solid wastes for the purpose of this Part:

(i) (a) domestic sewage; and

(b) any mixture of domestic sewage and other wastes that passes through a sewer

system to a publicly owned treatment works for treatment. Domestic sewage means

untreated sanitary wastes that pass through a sewer system;

(ii) industrial wastewater discharges that are surface water point source discharges

subject to permits under article 17 of the Environmental Conservation Law;

Note: This exclusion applies only to the actual point source discharge. It does

not exclude industrial wastewaters while they are being collected,

stored or treated before discharge, nor does it exclude sludges that are

generated by industrial wastewater treatment.

(iii) irrigation return flows;

(iv) radioactive materials which are source, special nuclear, or byproduct material as

defined by the Atomic Energy Act of 1954, as amended through 1984,42 USCA 20 II et seq,

(see section 370.1 [eJ of this Title);

(v) materials subject to in situ mining techniques which are not removed from the

ground as part of the extraction process;

(vi) black liquor that is reclaimed in a Kraft pulping liquor recovery furnace and then

used in the Kraft process unless it is accumulated speculatively as defined in paragraph

(a)(I) of this section;

(vii) spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated

speculatively as defined in paragraph (a)( I) of this section;

(viii) secondary materials that are reclaimed and returned to the original process or

processes in which they were generated where they are reused in the production process

provided:

(a) only tank storage is involved. and the entire process through completion of

reclamation is closed by being entirely connected with pipes or other comparable enclosed

means of conveyance;

(b) reclamation does not involve controlled flame combustion (such as occurs in

boilers, industrial furnaces or incinerators);

(c) the secondary materials are never accumulated in such tanks for over 12 months

without being reclaimed; and

(d) the reclaimed material is not used to produce a fueL or used to produce products

that are used in a manner constituting disposal;

(ix) (a) spent wood preserving solutions that have been reclaimed and are reused for

their original intended purpose;

(b) wastewaters from the wood preserving process that have been reclaimed and are

reused to treat wood; and

(c) prior to reuse. the wood preserving wastewaters and spent wood preserving

solutions described in clauses (a) and (b) of this subparagraph. so long as they meet all the

following conditions:

(1) the wood preserving waterwaters and spent wood preserving solutions are

reused on~site at water borne plants in the production process for their original intended

purpose;

(2) prior to reuse. the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both:

(3) any unit used to manage wastewaters and/or spent wood preserving solutions

prior to reuse can be visually or otherwise determined to prevent such releases;

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CHAPTER IV QUALITY SERVICES § 371.1

(4) any drip pad used to manage the wastewaters and/or spent wood preserving

solutions prior to reuse complies with the standards in section 373-3.23 of this Title,

regardless of whether the plant generates a total of less than 100 kg/month of hazardous

waste: and

(5) prior to operating pursuant to this exclusion, the plant owner or operator

submits to the commissioner a one-time notification stating that the plam intends to

claim the exclusion, giving tbe date on which the plant intends to begin operating under

the exclusion, and containing the following language: "I have read the applicable

regulation establishing an exclusion for wood preserving wastewaters and spent wood

preserving solutions and understand it requires me to comply at all times with the

conditions set out in the regulation." The plant must maintain a copy of that document

in its on-site records for a period of no less than three years from the date specified in

the notice. The exclusion applies only so long as the plant meets all of the conditions. If

the plant goes out of compliance with any condition, it may apply to the commissioner

for reinstatement. The commissioner may reinstate the exclusion upon finding that the

plant has returned to compliance with all conditions and that violations are not likely to

recur;

(x) EPA hazardous waste Nos. K060, K087, KI41. K142. K143. KI44. K145, K147,

and K148. and any wastes from the coke by-products processes that are hazardous only

because they exhibit the toxicity characteristic (TC) specified in section 371.3(e) of this Part

when. subsequent to generation, these materials are recycled to coke ovens. to the tar

recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's

sale or refining. This exclusion is conditioned on there being no land disposal of the wastes

from the point they are generated to the point they are recycled to coke ovens or tar recovery

or refining processes, or mixed with coal tar; and

(xi) nonwastewater splash condenser dross residue from the treatment of K061 in high

temperature metals recovery units, provided it is shipped in drums (if shipped) and not land

disposed before recovery;

(xii) (a) oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent

materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into

the petroleum refining process (SIC code 2911 including. but not limited to, distillation.

catalytic cracking. fractionation. or thennal cracking units [i.e., cokers]) unless the material is placed on the land. or speculatively accumulated before being so recycled. Materials

inserted into thermal cracking units are excluded under this paragraph, provided that the

coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing

hazardous secondary materials may be inserted into the same petroleum refinery where

they are generated. or sent directly to another petroleum refinery, and still be excluded

under this provision. Except as provided in clause (b) of this subparagraph, oil-bearing

hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from

sources other than petroleum refineries) are not excluded under this section. Residuals

generated from processing or recycling materials excluded under this paragraph. where

such materials as generated would have otherwise met a listing under section 371.4 of this

ParL are designated as F037 listed wastes when disposed of or intended for disposal;

(b) recovered oil that is recycled in the same manner and with the same conditions as

described in clause (a) of this subparagraph. Recovered oil is oil that has been reclaimed

from secondary materials (including wastewater) generated from nonnal petroleum industry practices. including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 131 I. 1321. 1381. 1382, 1389,2911,4612.4613.4922.

4923,4789,5171, and 5172). Recovered oil does not include oil-bearing hazardous

wastes listed in section 371.4 ofthis Part; however. oil recovered from such wastes may be

considered recovered oil. Recovered oil does not include used oil as defined in section

374~2.1 of this Title;

(xiii) excluded scrap metal (processed scrap metal. unprocessed home scrap meta!, and

unprocessed prompt scrap metal) being recycled;

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§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(xiv) shredded circuit boards being recycled provided that they are:

(a) stored in containers sufficient to prevent a release to the environment prior to

recovery; and

(b) free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries;

(xv) condensates derived from the overhead gases from Kraft mill steam strippers that

are used to comply with 40 CPR 63.446(e). The exemption applies only to combustion at the

mill generating the condensates;

(xvi) comparable fuels or comparable syngas fuels (i.e., comparablc/syngas fuels) that

meet the requirements of section 371.4(i) of this Part;

(xvii) petrochemical recovered oil from an associated organic chemical manufacturing

facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911)

along with nonnal petroleum refinery process streams, provided:

(a) the oil is hazardous only because it exhibits the characteristic of ignitability (as

defined in section 371.3[b] of this Part) and/or toxicity for benzene (section 371.3[e] of

this Part), (waste code D018); and

(b) the oil generated by the organic chemical manufacturing facility is not placed on

the land. or speculatively accumulated before being recycled into the petroleum refining

process, An associated organic chemical manufacturing facility is a facility where the

primary SIC code is 2869. but where operations may also include SIC codes 2821, 2822,

and 2865; and is physically co~located with a petroleum refinery; and where the petroleum

refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks

to the organic chemical manufacturing facility. Petrochemical recovered oil is oil that has

been reclaimed from secondary materials (Le" sludges. byproducts. or spent materials.

including wastewater) from normal organic chemical manufacturing operations. as well as

oil recovered from organic chemical manufacturing processes;

(xviii) spent caustic solutions from petroleum refining liquid treating processes used as

a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land.

or accumulated speculatively as defined in subdivision (a) of this section,

(2) Solid wastes which are not hazardous wastes. The following solid wastes are not

hazardous wastes:

(i) household waste, including household waste that has been collected. transported.

stored. treated, disposed, recovered (e,g., refuse-derived fuel) or reused. Household waste

means any waste material (including garbage, trash and sanitary wastes in septic tanks)

derived from households (including single and multiple residences, hotels and motels.

bunkhouses. ranger stations. crew quarters, campgrounds. picnic grounds and day use

recreation areas). A resource recovery facility managing municipal waste shall not be

deemed to be treating. storing, disposing of, or otherwise managing hazardous waste for the

purpose of regulation. if such facility:

(a) receives and burns only:

(1) household waste (from single and multiple dwellings, hotels, motels and other

residential sources); and

(2) solid waste from commercial or industrial sources that does not contain hazardous waste; and

(b) does not accept hazardous waste and the owner or operator of such facility has

established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility;

(ii) solid wastes generated by any of the following and which are returned to the soils as

fertilizers:

(a) the growing and harvesting of agricultural crops: and

(b) the raising of animals. including animal manures;

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(iii) mining overburden returned to the mine site;

(iv) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste

generated primarily from the combustion of coal or other fossil fuels. except as provided by

section 374-1.8(m) of this Title for facilities that burn or process hazardous waste;

(v) drilling fluids. produced waters and other wastes associated with the exploration,

development or production of crude oil, natural gas or geothermal energy;

(vi) solid waste from the extraction, beneficiation and processing of ores and minerals

(including coal, phosphate rock and overburden from the mining of uranium ore), except as

provided by section 374- I.8(m) of this Title for facilities that bum or process hazardous

waste.

(a) For purposes of this subparagraph beneficiation of ores and minerals is restricted

to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water

and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting [and/or autoclaving and/or chlorinmion}/Ieaching sequence

produces a final or intennediate product that does not undergo further beneficiation or

processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and

heap. dump, vat, tank, and in situ leaching.

(b) For the purposes of this subparagraph, solid waste from the processing of ores and

minerals includes only the following wastes as generated:

(1) slag from primary copper processing;

(2) slag from primary lead processing;

(3) red and brown muds from bauxite refining;

(4) phosphogypsum from phosphoric acid production;

(5) slag from elemental phosphorus production;

(6) gasifier ash from coal gasification;

(7) process wastewater from coal gasification;

(8) calcium sulfate wastewater treatment plant sludge from primary copper

processing;

(9) slag tailings from primary copper processing;

(10) fluorogypsum from hydrofluoric acid production:

(11) process wastewater from hydrofluoric acid production;

(12) air pollution control dust/sludge from iron blast furnaces;

(13) iron blast furnace slag;

(14) treated residue from roasting/Ieaching of chrome ore;

(15) process wastewater from primary magnesium processing by the anhydrous

process;

(16) process wastewater from phosphoric acid production;

(17) basic oxygen furnace and open hearth furnace air pollution control dust/sludge

from carbon steel production;

(l!?) basic oxygen furnace and open hearth furnace slag from carbon steel production;

(19) chloride process waste solids from titanium tetrachloride production; and

(20) slag from primary zinc processing;

{JJ) air flQlhHiQR eel'ltfel etlst/sltl8~e ffefA ligkl"'eigkt aggFllgatl! J3Fs8MetiQIl;

07-15-2005 6056.1 Conservation
§.371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(c) a residue derived from co~processingmineral processing secondary materials with

normal beneficiation raw materials or with normal mineral processing raw materials

remains excluded under paragraph (2) of this subdivision if the owner or operator:

(1) processes at least 50 percent by weight normal beneficiation raw materials or

normal mineral processing raw materials; and

(2) legitimately reclaims the secondary mineral processing materials;

(vii) cement kiln dust waste, except as provided by section 374-1.8(m) of this Title for

facilities that burn or process hazardous waste;

(viii) solid waste which consists of discarded arsenical-treated wood or wood products

which fails the test for the toxicity characteristic for hazardous waste codes 0004 through

D0l7 and which is not a hazardous waste for any other reason if the waste is generated by

persons who utilize the arsenical-treated wood and wood products for these materials'

intended end use;

Note: This exclusion does not apply to manufacturers of arsenical treated

wood or wood products.

(ix) (a) wastes which fail the test foi the toxicity characteristic because chromium is

present or are listed in section 371.4 due to the presence of chromium, which do not fail

the test for the toxicity characteristic for any other constituent or are not listed due to the

presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:

(1) the chromium in the waste is exclusively (or nearly exclusively) trivalent

chromium;

(2) the waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent

chromium; and

(3) the waste is typically and frequemly managed in nonoxidizing environments;

(b) specific wastes which meet the standard in clause (a) of this subparagraph (so long

as they do not fail the test for the toxicity characteristic for any other constituent, and do

not exhibit any other hazardous waste characteristic) are:

(1) the following wastes generated by the following subcategories of the leather

tanning and finishing industry: chrome (blue) trimmings, chrome (blue) shavings,

sewer screenings and wastewater treatment sludges, generated by the subcategories

known as hair pulp/chrome tan/retan/wet finish, hair save/chrome tan/retan/wet finish,

no beamhouse, through-the blue, and shearling;

(2) buffing dust generated by the subcategories listed in subclause (1) of this

clause, except for shearling;

(3) waste scrap leather from the leather tanning industry, the shoe manufacturing

industry, and other leather product manufacturing industries; and

(4) wastewater treatment sludges from the production of titanium dioxide pigment

using chromium-bearing ores by the chloride process;

(x) petroleum-contaminated media and debris that fail the test for the toxicity characteristic of section 371.3(e) (hazardous waste codes 0018 through 0043 only) and are subject to

the corrective action regulations under 40 CFR part 280;

(xi) non-teme plated used oil filters that are not mixed with wastes listed in section

371.4 of this Part if these oil filters have been gravity hot-drained using one of the following

methods:

(a) puncturing the filter anti-drain back valve or the filter dome end and hot-draining:

(b) hot-draining and crushing:

(c) dismantling and hot-draining; or

(d) any other equivalent hot~draining method that will remove used oil:

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CHAPTER IV QUALITY SERVICES § 371.1

(xii) used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and

industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat

transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use;

and

(xiii) leachate or gas condensate collected from landfills where certain solid wastes have

been disposed, provided that:

(a) the solid wastes disposed would meet one or more of the listing descriptions for

hazardous waste codes K169. K170. K171. KIn. K174, K175, K176. KI77. and K178. if

these wastes had been generated after the effective date of the listing.

(b) the solid wastes described in clause (a) of this subparagraph were disposed prior

to the effective date of the listing;

(c) the leachate or gas condensate do not exhibit any characteristic of hazardous waste

nor are derived from any other listed hazardous waste:

(d) discharge of the leachate or gas condensate, including leachate or gas condensate

transferred from the landfill to a POTW by truck, rail. or dedicated pipe, is subject to

regulation under section 307(b) or 402 of the Federal Clean Water Act and the State

Pollution Discharge Elimination System (SPDES), Pans 750 through 757 of this Title;

and

(e) as of February 13,2001, leachate or gas condensate derived from KI69-K172 is

no longer exempt if it is stored or managed in a surface impoundment prior to discharge.

After November 21, 2003, leachate or gas condensate derived from K176, K177. and

K178 will not longer be exempt ifit is stored or managed in a surface impoundment prior

to discharge. There is one exception: if the surface impoundment is used to temporarily

store leachate or gas condensate in response to an emergency situation (e.g., shutdown of

wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to

be managed in compliance with the conditions of this clause after the emergency ends.

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CHAPTER IV QUALITY SERVICES § 371.1

(3) Hazardous wastes which are exempted from certain regulations.

0) A hazardous waste which is generated in a product or raw material storage tank, in a

product or raw material transport vehicle or vessel, in a product or raw material pipeline, or

in a manufacturing process unit or an associated non-waste treatment manufacturing unit, is

not subject to regulation under Parts 372, 373, and 376 of this Title until it leaves the unit in

which it was generated. However, this exemption does not apply if the unit is a surface

impoundment, or if the hazardous wasle remains in the unit morc than 90 days after the unit

ceases to be operated for manufacturing, or for storage or transportation of product or raw

materials.

(4) Samples.

(i) Except as provided in subparagraph (ii) ofthis paragraph, a sample ofsolid waste or a

sample of water, soil or air, which is collected for the sale purpose of testing to determine its

characteristics, or composition. is not subject to any requirements of this Part or of Parts 372,

373. and 376 of this Title, when:

(a) the sample is being transported to a laboratory for the purpose of testing;

(b) the sample is being transported back to the sample collector after testing;

(c) the sample is being stored by the sample collector before transport to a laboratory

for testing;

(d) the sample is being stored in a laboratory before testing;

(e) the sample is being stored in a laboratory after testing but before it is returned to

the sample collector; or

if) the sample is being stored temporarily in the laboratory after testing for a specific

purpose (for example, until conclusion of a court case or enforcement action where further

testing of the sample may be necessary).

(ii) In order to qualify for the exemption in clauses (i)(a) and (b) of this paragraph, a

sample collector shipping samples to a laboratory, or a laboratory returning samples to a

sample collector, must:

(a) comply with the New York State Department of Transportation (NYSDOT), U.S.

Department of Transportation (USDOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or

(b) comply with the following requirements if the sample collector determines that

NYSDOT, USDOT, USPS, or other shipping requirements do not apply to the shipment

of the sample:

(1) assure that the following information accompanies the sample:

(i) the sample collector's name, mailing address and telephone number;

(ii) the laboratory's name, mailing address and telephone number;

(iii) the quantity of the sample;

(iv) the date of shipment; and

(v) a description of the sample; and

(2) package the sample so that it does not leak, spill or vaporize from its packaging.

(iii) This exemption does not apply if the laboratory determines that the waste is

hazardous but the laboratory is no longer meeting any of the conditions stated in subparagraph (i) of this subparagraph.

(iv) Treatability study samples,

(a) Except as provided in clause (b) of this subparagraph, persons who generate or

collect samples for the purpose of conducting treatability studies, as defined in section

370.2(b) of this Title, are not subject to any requirement of this Part or Part 372 nor are

such samples included in the quantity detenninations of subdivision (f) of this section and

section 372.2(a)(8) of this Pan when:

6057 Conservation
§371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(1) the sample is being collected and prepared for transportation by the generator or

sample collector;

(2) the sample is being accumulated or stored by the generator or sample collector

prior to transportation to a laboratory or testing facility; or

(3) the sample is being transported to the laboratory or testing facility for the

purpose of conducting a treatability study.

(b) The exemption in clause (a) of this subparagraph is applicable to samples of

hazardous waste being collected and shipped for the purpose of conducting treatability

studies provided that:

(1) the generator or sample collector uses (in "treatability studies") no more than

10,000 kilograms of media contaminated with non-acute hazardous waste, 1,000 kilograms of any non-acute hazardous waste other than contaminated media, I kilogram of

acute hazardous waste, or 2,500 kilograms of media contaminated with acute hazardous

waste for each process being evaluated for each generated waste stream;

(2) the mass of each sample shipment does not exceed 10,000 kilograms; the

10.000 kilogram quantity may be all media contaminated with non~acute hazardous

waste, or may include 2,500 kilograms of media contaminated with acute hazardous

waste, I,000 kilograms of hazardous waste, and I kilogram of acute hazardous waste;

and

(3) the sample must be packaged so that it will not leak, spill, or vaporize from its

packaging during shipment and the requirements of item (i) or (it) of this subclause are

met;

(i) the transportation of each sample shipment complies with U.S. Department of

Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping

requirements; or

(ii) if the DOT, USPS, or other shipping requirements do not apply to the

shipment of the sample, the following infonnation must accompany the sample;

(A) the name, mailing address, and telephone number of the originator of the

sample;

(B) the name, address, and telephone number of the facility that will perfonn

the treatability study;

(C) the quantity of the sample;

(D) the date of shipment; and

(E) a description of the sample, including its EPA hazardous waste number;

(4) the sample is shipped to a laboratory or testing facility which is exempt under

subparagraph (v) of this paragraph or has an appropriate RCRA permit or interim

status;

(5) the generator or sample collector maintains the following records for a period

ending three years after completion of the treatability study:

(i) copies of the shipping documents;

(ii) a copy of the contract with the facility conducting the treatability study;

(iii) documentation showing:

(A) the amount of waste shipped under this exemption;

(B) the name, address, and EPA identification number of the laboratory or

testing facility that received the waste;

(C) the date the shipment was made; and

(D) whether or not unused samples and residues were returned to the generatOr;

6058 Conservation
CHAPTER IV QUALITY SERVICES § 371.1

(6) the generator reports the information required under item (5)(iii) of this clause

in its annual report.

(c) The commissioner may grant requests, on a case-by-casc basis, for up to an

additional two years for treatability studies involving bioremediation. The commissioner

may grant requests, on a case-by-case basis, for quantity limits in excess ofthose specified

in subclauses (iv)(b)(l) and (2) and clause (v)(d) of this paragraph, for up to an additional

5,000 kilograms of media contaminated with non-acute hazardous waste, 500 kilograms

of non-acute hazardous waste, 2,500 kilograms of media contaminated with acute hazardous waste and 1 kilogram of acute hazardous waste:

(1) In response to requests for authorization to ship, store and conduct treatability

studies on additional quantities in advance of commencing treatability studies. Factors

to be considered in reviewing such requests include the nature of the technology, the

type of process (e.g., batch versus continuous), size of the unit undergoing testing

(panicularly in relation to scale-up considerations). the time/quantity of material required to reach steady state operating conditions, or test design considerations such as

mass balance calculations.

(2) In response to requests for authorization to ship, store and conduct treatability

studies on additional quantities after initiation or completion of initial treatability

studies, when:

There has been an equipment or mechanical failure during the conduct of a treatability

study; there is a need to verify the results of a previously conducted treatability study;

there is a need to study and analyze alternative techniques within a previously evaluated

treatment process; or there is a need to do further evaluation of an ongoing treatability

study to determine final specifications for treatment.

(3) The additional quantities and time frames allowed in subclauses (1) and (2) of

this clause are subject to all the provisions in clause (a) and subclauses (b)(2)-(6) ofthis

subparagraph. The generator or sample collector must apply to the commissioner and

provide in writing the following infonnation:

(i) the reason why the generator or sample collector requires additional time or

quantity of sample for the treatability study evaluation and the additional time or

quanity needed;

(ii) documentation accounting for all samples of hazardous waste from the waste

stream which have been sent for or undergone treatability studies including the date

each previous sample from the waste stream was shipped, the quantity of each

previous shipment, the laboratory or testing facility to which it was shipped, what

treatability study processes were conducted on each sample shipped, and the available results of each treatability study;

(iii) a description of the technical modifications or change in specifications

which will be evaluated and the expected results;

(iv) if such further study is being required due to equipment or mechanical

failure, the applicant must include information regarding the reason for the failure or

breakdown and also include what procedures or equipment improvements have been

made to protect against further breakdowns; and

(v) such other infonnation that the commissioner considers necessary.

(v) Samples undergoing treatability studies at laboratories and testing facilities. Samples

undergoing treatability studies and the laboratory or testing facility conducting such treatment studies (to the extent such facilities are not otherwise subject to RCRA requirements)

are not subject to any requirements of this Part of Parts 370~374 and Part 376, provided that

the conditions of clauses (a) through (k) of this subparagraph are mel. A mobile treatment

unit (MTU) may qualify as a testing facility subject to clauses (a) through (k) of this

subparagraph. Where a group of MTUs are located at the same site, the limitations specified

in (a) through (k) of this subparagraph apply too the entire group of MTUs collectively as if

the group were one MTU

6059 Conservation
§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(a) No less than 45 days before conducting treatability studies, the facility notifies the

commissioner in writing that it intends to conduct treatability studies under this paragraph.

(b) The laboratory or testing facility conducting the treatability study has an EPA

identification number.

(c) No more than a lotal of 10,000 kilograms of "as received" media contaminated

with non-acute hazardous waste, 2,500 kilograms of media contaminated with acute

hazardous waste or 250 kilograms of other "as received" hazardous waste is subject to

initiation of treatment in all treatability studies in any single day. "As received" waste

refers to the waste as received in the shipment from the generator or sample collector.

(d) The quantity of "as received" hazardous waste stored at the facility for the purpose

of evaluation in treatability studies does not exceed 10,000 kilograms, the total of which

can include 10,000 kilograms of media contaminated with non-acute hazardous waste,

2,500 kilograms of media contaminated with acute hazardous waste, 1,000 kilograms of

non-acute hazardous wastes other than contaminated media, and one kilogram of acute

hazardous waste. This quantity limitation docs not include treatment materials (including

non-hazardous solid waste) added to "as received" hazardous waste.

(e) No more than 90 days have elapsed since the treatability study for the sample was

completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to

the laboratory or testing facility, whichever date first occurs. Up to 500 kilograms of

treated material from a particular waste stream from treatability studies may be archived

for future evaluation up to five years from the date of initial receipt. Quantities of

materials archived are counted against the total storage limit for the facility,

(f) The treatability study does not involve the placement of hazardous waste on the

land or open burning of hazardous wastc,

(g) The facility maintains records for three years following completion of each study

that show compliance with the treatment rate limits and the storage time and quantity

limits. The following specific information must be included for each treatability study

conducted:

(I) the name, address, and EPA identification number of the generator or sample

collector of each waste sample;

(2) thc date the shipment was reccived;

(3) the quantity of waste accepted;

(4) the quantity of "as received" waste in storage each day;

(5) the date the trcatment study was initiated and the amount of "as received" waste

introduced to treatment each day;

(6) the date the treatability study was concluded;

(7) the date any unused sample or residues generated from the treatability study

were returned to the generator or sample collector, or, ifsent to a designated facility, the

name of the facility, and the EPA identification number.

(h) The facility keeps. on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the

facility for a period ending three years from the completion date of each treatability study,

(i) The facility prepares and submits a report to the commissioner by March 15th of

each year that estimates the number of studies and the amount of waste expected to be

used in treatability studies during the current year, and includes the following information

for the previous calendar year:

(1) the name, address, and EPA identification number ofthe facility conducting the

treatability studies;

(2) the types (by process) of treatability studies conducted;

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CHAPTER IV QUALITY SERVICES § 371.1

(3) the names and addresses of persons for whom studies have been conducted

(including their EPA identification numbers):

(4) the total quantity of waste in storage each day;

(5) the quantity and types of waste subjected to treatability studies;

(6) when each treatability study was conducted: and

(7) the final disposition of residues and unused sample from each treatability study.

(j) The facility determines whether any unused sample or residues generated by the

treatability study are hazardous waste under subdivision (d) of this section and, if so are

subject to Parts 371-374 and Part 376, unless the residues and unused samples are returned

to the sample OIiginator under the subparagraph (4) (iv) of this subdivision exemption.

(k) The facility notifies the commissioner by letter when the facility is no longer

planning to conduct any treatabilHy studies at the site.

(0 Special requirements for hazardous waste generated by conditionally exempt small

quantity generators. (I) A generator is a conditionally exempt small quantity generator in a

calendar month if no more than 100 kilograms of hazardous waste are generated in that month.

(2) Except as provided in paragraphs (5), (6), (7), and (10) of this subdivision, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under

Part 372 through Subpart 374-3 and Part 376 of this Title.

(3) When making the quantity determinations of this Part and Part 372 of this Title, the

generator must include all hazardous waste that it generates, except hazardous waste that:

(i) is exempt from regulation under paragraphs (e)(3) and (4), subparagraphs (g)(1)(iii),

(h)(1)(i) of this section or section 371.4(e) of this Title; or

(ii) is managed immediately upon generation only in on-site elementary neutralization

units, wastewater treatment units, or totally enclosed treatment facilities as defined in section

370.2 of this Title; or

(iii) is recycled, without prior storage or accumulation, only in an on-site process subject

to regulation under subparagraph (g)(3)(ii) of this section; or

(iv) is used oil managed under the requirements of subparagraph (g)(1)(iv) of this

section and Subpart 374-2 of this Title; or

(v) is spent lead-acid batteries managed under the requirements of section 374-1.7 of

this Title; or

(vi) is universal waste managed under subdivision U) of this section and Subpart 374-3

of this Title.

(4) In determining the quantity of hazardous waste generated, a generator need not include:

(i) hazardous waste when it is removed from on-site storage;

(ii) hazardous waste produced by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was counted once; or

(iii) spent materials that are generated, reclaimed, and subsequently reused on-site, so

long as such spent materials have been counted once.

(5) If a conditionally exempt small quantity generator generates acute hazardous waste in

quantities greater than that set forth below in a calendar month, all quantities of that waste are

subject to regulation under Parts 372, 373. 374, and 376 of this Title:

(i) a total of one kilogram of acute hazardous waste listed in section 371.4(b), (c) and

(d)(5) of this Part;

(ii) a total of 100 kilograms of any residue or contaminated soil, waste or other debris

resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous

waste listed in section 371.4(b), (c) and (d)(5) of this Part.

(6) A conditionally exempt small quantity generator who generates acute hazardous wastes

in quantities equal to or less than those set forth in subparagraph (5)(i) or (ii) of this

03-15-2006 6061 Conservation
§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

subdivision, may be excluded from full regulation under this subdivision, if the following

requirements are complied with:

(i) section 372.2(a)(2) of this Title; \

(ii) the conditionally exempt small quantity generator may accumulate acute hazardous

waste on-site. If acutely hazardous wastes are accumulated in quantities greater than those

set forth in subparagraph (5)(i) or (ii) of this subdivision, all of those accumulated wastes are

subject to regulation under Parts 372 through 374, and 376 of this Title. The time period for

accumulation of wastes on-site given in section 372.2(a)(8)(ii) of this Title begins when the

accumulated wastes exceed the applicable exclusion limit;

(iii) a conditionally exempt small-quantity generator may either treat or dispose of the

acute hazardous wastes in an on-site facility, or ensure delivery to an off-site treatment,

storage or disposal facility either of which, if located in the U.S., is:

(a) permitted under Part 373 of this Title;

(b) in interim status under Part 373 of this Title;

(c) authorized to manage hazardous waste by a state with a hazardous waste management program approved under RCRA, if located outside New York;

(d) authorized to receive hazardous waste under RCRA;

(e) permitted by New York State pursuant to Part 360 of this Title to manage

municipal or industrial solid waste, and authorized to receive such wastes, or permitted,

licensed, or registered by a state other than New York to manage municipal solid waste if

managed in a solid waste landfill subject to 40 CFR part 258, as incorporated by reference

in section 370.1 (e) of this Title, or registered by a state to manage industrial solid waste if

managed in an industrial waste disposal unit subject to 40 CFR sections 257.5 through

257.30, as incorporated by reference in section 370.1 (e) of this Title;

(j) a facility which beneficially uses or reuses, or legitimately recycles or reclaims its

waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or

reclamation;

(g) a facility authorized by the department to receive such wastes, pursuant to Subpart

373-4 of this Title; or

(h) for universal waste managed under Subpart 374-3 of this Title, a universal waste

handler or destination facility subject to the requirements of Subpart 374-3 of this Title;

(iv) in ensuring delivery of this waste to an off-site treatment, storage, or disposal

facility, generators must:

(a) transport the waste themselves (see section 364.1[e][3][i] of this Title); or

(b) use a transporter authorized under Part 364 of this Title to transport the particular

waste(s) offered for shipment to the designated facility.

(7) In order for non-acute hazardous waste generated by a conditionally exempt smallquantity generator in quantities of less than 100 kilograms of hazardous waste during a

calendar month to be excluded from full regulation under this subdivision, the generator must

comply with the following requirements:

(i) comply with section 372.2(a)(2) of this Title;

(ii) the conditionally exempt small quantity generator may accumulate hazardous waste

on-site. If he or she accumulates at any time more than a total of 1,000 kilograms of their

own hazardous wastes, all of those accumulated wastes are subject to regulation under the

special provisions of Part 372 of this Title applicable to generators of between] 00 and] ,000

kg of hazardous waste in a calendar month as well as the requirements of Parts 373 and 376

ofthis Title, and the applicable notification requirements ofsection 3010 ofRCRA. The time

period of section 372.2(a)(8)(iii) of this Title for accumulation of wastes on-site begins for

conditionally exempt small quantity generators when the accumulated wastes exceed] ,000

kilograms;

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(iii) conditionally exempt small quantity generator may either treat or dispose of their

hazardous waste in an on-site facility, or ensure delivery to an off-site treatment, storage or

disposal facility, either of which, if located in the U.S., is:

(a) permitted under Part 373 of this Title;

(b) in interim status under Part 373 of this Title;

(c) authorized to manage hazardous waste by a state with a hazardous waste management program approved under RCRA. if located outside New York;

(d) authorized to receive hazardous waste under RCRA;

(e) permitted by New York State pursuant to Part 360 of this Title to manage

municipal or industrial solid waste, and authorized to receive such wastes, or permitted,

licensed or registered by a state other than New York to manage municipal solid waste if

managed in a solid waste landfill subject to 40 CFR Part 258, as incorporated by reference

in section 370.1 (e) ofthis Title, or registered by a state to manage industrial solid waste if

managed in an industrial waste disposal unit subject to 40 CFR sections 257.5 through

257.30, as incorporated by reference in section 370.1(e) of this Title;

if) a facility which beneficially uses or reuses, or legitimately recycles or reclaims its

waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or

reclamation;

(g) a facility authorized by the department to receive such wastes, pursuant to Subpart

373-4 of this Title; or

(h) for universal waste managed under Subpart 374-3 of this Title, a universal waste

h:mdler or destination facility subject to the requirements of Subpart 374-3 of this Title;

(iv) in ensuring delivery of this waste to an off-site treatment, storage, or disposal

facility, generators must:

(a) transport the waste themselves (see section 364.1 [e] [3][i] of this Title); or

(b) use a transporter authorized under Part 364 of this Title to transport the particular

waste(s) offered for shipment to the designated facility.

(8) Hazardous waste subject to the reduced requirements of this subdivision may be mixed

with non-hazardous waste and remain subject to these reduced requirements even though the

resultant mixture exceeds the quantity limitation identified in this subdivision, as long as the

mixture meets none ofthe characteristics of hazardous wastes identified in section 371.3 of this

Part, 8' SHeA miniM! QQSYffi at a fa@ilit~ reg~18ts8 l!Ifl8@f Stt8f18:Ft 373 4 Bf j3erMiU@8 tIfuief 128ft

373 efOtis Tillill

(9) If a conditionally exempt small-quantity generator mixes with a hazardous waste that

exceeds a quantity exclusion level ofthis subdivision, the mixture is subject to full regulation

under this Title.

(10) If a conditionally exempt small quantity generator's wastes are mixed with used oil,

the mixture is subject to Part 360 and Subpart 374-2 ofthis Title ifit is destined to be burned for

energy recovery. Any material produced from such a mixture by processing, blending, or other

treatment is also so regulated ifit is destined to be burned for energy recovery.

(g) Requirementsfor recyclable materials.

(1) (i) Hazardous wastes that are recycled are subject to the requirements for generators,

transporters, and storage facilities of paragraphs (2) and (3) of this subdivision, except for

the materials listed in subparagraphs (ii) and (iii) of this paragraph. Hazardous wastes that

are recycled will be known as recyclable materials.

(ii) The following recyclable materials are not subject to the requirements of this

subdivision but are regulated under sections 374-1.3 through 374-1.8, Subpart 374-2 and all

applicable provisions in Subpart 373-1 and Parts 621 and 624 of this Title:

(a) recyclable materials used in a manner constituting disposal (see section 374-1.3 of

this Title);

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§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) hazardous wastes burned for energy recovery in boilers and industrial furnaces

that are not regulated under sections 373-2.15 and 373-3.15 of this Title (see section

374-1.8 of this Title);

($) [Ress. '8M!)

(d) recyclable materials from which precious metals are reclaimed (see section

374-1.6 of this Title); and

(e) spent lead-acid batteries that are being reclaimed (see section 374-1.7 of this

Title).

(iii) The following recyclable materials are not subject to regulation under Part 372

through Subpart 374-3 and Part 376 of this Title provided that the waste is transported by a

hauler complying with any applicable waste hauler permit requirements in Part 364 of this

Title:

(a) industrial ethyl alcohol that is reclaimed except that. unless provided otherwise in

an international agreement as specified in section 372.5 of this Title:

(1) a person initiating a shipment for reclamation in a foreign country. and any

intermediary arranging for the shipment, must comply with the requirements applicable

to a primary exporter in section 372.5(c), (f)(l )(i)-(iv), (vi), (f)(2), and (g) of this Tille.

export such materials only upon consent of the receiving country and in conformance

with the EPA acknowledgment of consent as defined in section 372.5 of this Title, and

provide a copy of the EPA acknOWledgment of consent to the shipment to the transporter transporting the shipment for export; and

(2) transporters transporting a shipment for export may not accept a shipment if he

or she knows the shipment does not conform to the EPA acknowledgment of consent,

must ensure that a copy of the EPA acknowledgment of consent accompanies the

shipment and must ensure that it is delivered to the facility designated by the person

initiating the shipment;

(b) scrap metal that is not excluded under subparagraph (e)( I)(xiii) of this section:

(c) fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal

petroleum refining. production. and transportation practices (this exemption does not

apply to fuels produced from oil recovered from oil-bearing hazardous waste. where such

recovered oil is already excluded under subparagraph (e] [l][xii] of this section);

(d) (1) hazardous waste fuel produced from oil-bearing hazardous wastes from

petroleum refining. production. or transportation practices. or produced from oil reclaimed from such hazardous wastes. where such hazardous wastes are reintroduced

into a process that does not use distillation or does not produce products from crude oil

so long as the resulting fuel meets the used oil specification under section 374-2.2(b) of

this Title and so long as no other hazardous wastes are used to produce the hazardous

waste fuel;

(2) hazardOUS waste fuel produced from oil-bearing hazardous waste from petroleum refining production. and transportation practices, where such hazardous wastes

are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under section 374-2.2(b)

of this Title: and

(3) oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices. which reclaimed oil is burned as a fuel without

reintroduction to a refining process. so long as the reclaimed oil meets the used oil fuel

specification under section 374-2.2(b) of this Title.

hazardous waste characteristic is not subject to ar s 70 through 373.

Subpart 374-1 and e. ut is regulated under Part 364 ~d Subpa~s 360-14

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CHAPTER IV QUALITY SERVICES § 371.1

originally used). Such term includes, but is not limited to, oil which is rerefi aimed,

burned for energy recovery. or reprocessed.

(v) Hazardous waste, that is exported to ed from designated member countries

of the Organization for Econom' eration and Development (OEeD) (as defined in

section 372.5[h][l] . It e) for purpose of recovery is subject to the requirements of

section 3 is Title, ifit is subjectto either the manifesting requirements of Part 372 of

(2) Generators and transporters of recyclable materials are subject to the applicable requirements of Part 372 of this Title and the notification requirements under section 3010 of

RCRA (see section 370.I[e] of this Title), except as provided in paragraph (1) of this subdivision.

(3) (i) Owners and operators of facilities that store recyclable materials before they are

recycled are regulated under all applicable provisions ofsections 373-2.1 through 373-2.12,

Subpart 373-1, sections 373-3.1 through 373-3.13, Parts 374,376,621 and 624 of this Title,

sections 373-2.27,373-2.28,373-2.29,373-3.27,373-3.28 and 373-3.29 ofthis Title, and the

notification requirements under section 3010 of RCRA (see section 370.1[e] of this Title),

except as provided in paragraph (1) of this subdivision. (The recycling process itself is

exempt from regulation except as provided in paragraph [4] of this subdivision.)

(ii) Owners or operators of facilities that recycle recyclable materials without storing

them before they are recycled are subject to the follOWing requirements, except as provided

in paragraph (l) of this subdivision:

(a) notification requirements under section 3010 of RCRA (see section 370.l[e] of ~TI~ .

(b) sections 373-2.5 and 373-3.5, and section 373-3.5(b) (dealing with the use ofthe

manifest and manifest discrepancies) of this Title; and

(c) paragraph (4) of this subdivision.

(4) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements

of sections 373-2.27,373-2.28, 373-3.27 and 373-3.28 of this Title.

(h) Residues ofhazardous waste in empty containers.

(1) (i) Any hazardous waste remaining in either an empty container or an inner liner

removed from an empty container, as defined in paragraph (2) of this subdivision, is not

subject to regulation under this Part and Parts 372 through 373, and 376 of this Title. (Note:

The discarding of the empty drum or inner liner itself may be subject to the disposal

requirements of Part 360 and the transportation requirements of Part 364 of this Title.)

(ii) Any hazardous waste in either a container that is not empty or an inner liner removed

from a containerthat is not empty, as defined in paragraph (2) of this subdivision, is subject

to regulation under this Part and Parts 372 through 373, and 376 of this Title.

(2) (i) A container or inner liner removed from a container that has held any hazardous

waste, except a waste that is compressed gas or that is identified as an acute hazardous waste

listed in section 371.4(b)-(d) of this Part, is empty if:

(a) all wastes have been removedthat can be removed using the practices commonly

employed to remove materials from that type of container, e.g., pouring, pumping and

aspirating; and

(b) no more than 2.54 centimeters (one inch) of residue remains on the bottom ofthe

container or inner liner; or

(c) (1) no more than three percent by weight of the total capacity of the container

remains in the container orinner liner ifthe container is less than or equal to 119 gallons

in size; or

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§371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(2) no more than 0.3 percent by weight of the total capacity of the container

remains in the container or inner liner if the container is greater than 119 gallons in size.

(ii) A container that has held a hazardous waste that is a compressed gas is empty when

the pressure in the container approaches atmospheric.

(iii) A container or an inner liner removed from a container that has held an acute

hazardous waste listed in section 371.4(b), (c) or (d)(5) of this Part is empty if:

(a) the container Or inner liner has been triple-rinsed using a solvent capable of

removing the commercial chemical product or manufacturing chemical intermediate;

(b) the container or inner liner has been cleaned by another method that has been

shown in the scientific literature, or by tests conducted by the generator, to achieve

equivalent removal; or

(c) in the case of a container, the inner liner that prevented contact of the commercial

chemical product or manufacturing chemical intermediate with the container, has been

removed.

Note: Approaching atmospheric pressure means that the pressure is essentially equal to atmospheric pressure.

(i) Severability. If any provision of this Part or its application to any person or circumstance

is held invalid, the remainder of this Part, and the application of those provisions to persons or

circumstances other than those to which it is held invalid, shall not be affected thereby.

G) Requirements for universal wastes. (l) The wastes listed in this section are exempt

from regulation under Part 372 through Subpart 374·1 and Part 376 of this Title except as

specified in SUbpart 374-3 of this Title and, therefore are not fully regulated as hazardous

waste. The wastes listed in this subdivision are SUbject to regulation under Subpart 374-3 ofthis

Title:

(i) batteries as described in section 374-3.1 (b) of this Title;

(ii) pesticides as described in section 374-3.1 (c) of this Title;

(iii) thermostats as described in section 374-3.1(d) of this Title; and

(iv) lamps as described in section 374-3.1(e) of this Title.

Historical Note

Sec. filed May 14, 1985; amds. filed: May 2, 1986; Sept. 4, 1986 as emergency measure;

Nov. 3, 1986 as emergency measure; Dec. 31, 1986 as emergency measure; Dec. 31. 1986;

Oct. 26,1988; Dec. 2,1991; Nov. 19, 1993; Nov. 15, 1994; Sept. 20, 1996; Sept. 29,1998;

Nov. 4, 1999; Jan. 14,2002; July 5, 2005; March 13,2006; July 7, 2006 eff. Sept. 5, 2006.

Amended (g)(l)(iii), (h)(2)(i).

§ 371.2 Criteria for identifying the characteristics of hazardous waste and for listing

hazardous wastes.

(a) Criteria for identifying the characteristics of hazardous waste. The commissioner will

identify and define a characteristic of hazardous waste in addition to those characteristics already

identified in section 371.3 of this Part, upon determining that:

(1) a solid waste that exhibits the characteristic may:

(i) cause, or significantly contribute to, an increase in mortality or an increase in serious

irreversible, or incapacitating reversible illness; or

(ii) pose a substantial present or potential hazard to human health or the environment

when it is improperly treated, stored, transported, disposed of or otherwise managed; and

(2) the characteristic can be:

(i) measured by an available standardized test method which is reasonably within the

capability of generators of solid waste or private sector laboratories that are available to

serve generators of solid waste; or

(ii) reasonably detected by generators of solid waste through their knowledge of their

waste.

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CHAPTER IV QUALITY SERVICES § 371.2

(3) Whenever a proposed characteristic of a hazardous waste has been identified by the

commissioner, the adoption of the proposed characteristic is subject to the approval of the State

Environmental Board.

(b) Criteria/or listing hazardous waste. (1) The commissioner shall list a solid waste as a

hazardous waste only upon determining that the solid waste meets one of the following criteria:

(i) The solid waste exhibits any of the characteristics of hazardous waste identified in

section 371.3 of this Part

(ii) The solid waste has been found to be fatal to humans in low doses or, in the absence

of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of

less than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2

milligrams per liter, or a dennal LD 50 toxicity (rabbit) of less than 200 milligrams per

kilogram, or is otherwise capable of causing or significantly contributing to an increase in

serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with the

criteria will be designated acute hazardous waste.)

(iii) The solid waste contains any of the toxic constituents listed in Appendix 23, infra,

and, after considering the following factors, the commissioner concludes that the waste is

capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:

(a) the nature of the toxicity presented by the constituent;

(b) the concentration of the constituent in the waste;

(c) the potential of the constituent or any toxic degradation product of the constituent

to migrate from the waste into the environment under the types of improper management

considered in clause (g) of this subparagraph;

(d) the persistence of the constituent or any toxic degradation product of the constituent;

(e) the potential for the constituent or any toxic degradation product ofthe constituent

to degrade into nonhannful constituents and the rate of degradation;

if) the degree to which the constituent or any degradation product of the constituent

bioaccumulates in ecosystems;

(g) the plausible types of improper management to which the waste could be subjected;

(h) the quantities ofthe waste generated at individual generation sites or on a regional

or national basis;

(i) the nature and severity of the human health and environmental damage that has

occurred as a result of the improper management of wastes containing the constituent;

(j) action taken by other governmental agencies or regulatory programs based on the

health or environmental hazard posed by the waste or- other constituent; and

(k) such other factors as may be appropriate.

Constituents will be listed in Appendix 23 only if they have been shown in scientific studies to

have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life fonns.

(2) The commissioner may list classes or types of solid waste as hazardous waste if the

commissioner has reason to believe that individual wastes, within the class or type of waste,

typically or frequently are hazardous under the definition of hazardous waste found in article

27, title 9, of the Environmental Conservation Law.

(3) The commissioner will use the criteria for listing specified in this subdivision to

establish the exclusion limits referred to in section 371.l(f)(3) of this Part.

(4) Whenever the commissioner proposes to list a solid waste as a hazardous waste where

such solid waste has not been so listed by the administrator, the listing of the solid waste shall

be subject to the approval of the State Environmental Board.

(Wastes listed in accordance with these criteria will be designated toxic wastes).

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§ 371.2 TITLE 6 ENVIRONMENTAL CONSERVATION

Historical Note

Sec. filed May 14, 1985; amds. filed: Nov. 15, 1994; Jan. 14,2002 eft 60 days after filing.

Amended (a).

§ 371.3 Characteristics of hazardous waste.

(a) General. (1) A solid waste, as defined in section 371.1(c) of this Part, which is not

excluded from regulation as a hazardous waste under section 37 L 1(e), is a hazardous waste ifit

exhibits any of the characteristics identified in this section.

Note: Section 372.2(a) of this Title sets forth the generator's responsibility to

determine whether the waste exhibits one or more of the characteristics

identified in this section.

(2) A hazardous waste which identified by a characteristic in this section is assigned every

EPA hazardous waste number that is applicable as set forth in this section. This number(s) must

be used in complying with the notification requirements of section 301 0 of RCRA and all

applicable recordkeeping and reporting requirements under Part 372 through Subpart 373-3,

and Part 376 of this Title.

(3) For purposes of this section, the commissioner will consider a sample obtained using

any of the applicable sampling methods specified in Appendix 19, infra, to be a representative

sample. A person may employ a sampling method alternative to those listed in Appendix 19

and is not required to demonstrate the equivalency of that method under the procedures set

forth in section 370.3(a) and (h) of this Title.

(b) Characteristic of ignitability. (1) A solid waste exhibits the characteristic of

ignitability if a representative sample of the waste has any of the following properties:

(i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol

by volume, and has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit). Flash

point must be detennined by a Pensky-Martens Closed Cup Tester Materials Standard

D-93-79 or D~93~80; or a Setaflash Closed Cup Tester, using the test method specified in the

American Society for Testing Materials (ASTM) and the test method specified in ASTM

Standard D-3278-78; or as detennined by an equivalent test method approved by the

commissioner as set forth in section 370.3(b) ofthis Title (see section 370.1 te] of this Title).

(ii) It is not a liquid and is capable under standard temperature and pressure, of causing

fire through friction, absorption of moisture or spontaneous chemical changes and, when

ignited, bums so vigorously and persistently that it creates a hazard.

(iii) It is an ignitable compressed gas, as defined in 49 CFR 172 (see section 370.l[e] of

this Title), and as detennined by the test methods described in that regulation or equivalent

test methods approved by the commissioner as set forth in section 370.3(b) of this Title.

(iv) It is an oxidizer as defined in 49 CFR 173.127 (see section 370.1 [e] of this Title).

(2) A solid waste that exhibits the characteristic of ignitability has the EPA hazardous

waste number of DOO1>

(c) Characteristic ofcorrosiviry. (1) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

(i) it is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5 as

determined by a pH meter using method 9040 in Test Methodsfor Evaluating Solid Waste,

Physical/Chemical Methods, EPA publication number SW-846 as incorporated by reference

in section 370.1(e) of this Title; or

(ii) it is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250

inch) per year at a test temperature of 55 degrees Celsius (130 degrees Fahrenheit) as

determined by the test method specified in the National Association of Corrosion Engineers

6068 Conservation 0l~15~2002
CHAPTER IV QUALITY SERVICES § 371.3

(NACE) Standard TM-Ol-69 as standardized in Test Methods for Evaluating Solid Waste,

PhysicafJChemical Methods, EPA Publication SW~846, as incorporated by reference in

section 370.1 (e) of this Title.

(2) A solid waste that exhibits the characteristics of corrosivity has the EPA hazardous

waste number of 0002,

(d) Characteristic ofreactivity. (1) A solid waste exhibits the characteristic of reactivity

if a representative sample ofthe waste has any of the following properties:

(i) it is normally unstable and readily undergoes violent change without detonating;

(ii) it reacts violently with water;

(iii) it forms potentially explosive mixtures with water;

(iv) when mixed with water, it generates toxic gases. vapors or fumes in a quantity

sufficient to present a danger to human health or the environment;

(v) it is a cyanide or sulfide~bearing waste which, when exposed to pH conditions

between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to

present a danger to human health or the environment;

(vi) it is capable of detonation or explosive reaction ifit is subjected to a strong initiating

source or if heated under confrnement;

(vii) it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; and

(viii) it is a forbidden explosive, a class A explosive or a class B explosive as defined in

49 CFR 173.51 and 173.53 (see section 370.1[e] of this Title).

(2) A solid waste that exhibits the characteristic of reactivity has the EPA hazardous waste

number of D003.

(e) Toxicity characteristic. (1) A solid waste exhibits the characteristic of toxicity if,

using the Toxicity Characteristic Leaching Procedure, test method 1311 in "Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods,"EPA publication SW~846, as incorporated by reference in section 370.1 (e) of this Title, the extract from a representative sample of

the waste contains any of the contaminants listed in Table 1 at a concentration equal to or

greater than the respective value given in that table. Where the waste contains less than 0.5

percent filterable solids, the waste itself, after filtering using the methodology outlined in

method 1311, is considered to be the extract for the purpose of this subdivision.

Table I

Maximum Concentration of

Contaminants for the Toxicity Characteristic

EPAHW Regulatory Level

No.1 Contaminant CAS No.2 (mg/L)

D004 Arsenic 7440-38-2 5.0

D005 Barium 7440-39-3 100.0

D018 Benzene 71-43-2 0.5

0006 Cadmium 7440-43-9 1.0

DOl 9 Carbon tetrachloride 56-23-5 0.5

D020 Chlordane 57-74-9 0.03

D021 Chlorobenzene 108-90-7 100.0

D022 Chloroform 67-66-3 6.0

D007 Chromium 7440-47-3 5.0

D023 o-Cresol 95-48-7 200.0'

0024 m-Cresol 108-39-4 200.0'

D025 p-Cresol 106-44-5 200.0'

D026 Cresol 200.0'

D0l6 2.4-D 94-75·7 10.0

01/31100 6069 Conservation
§ 371.3 TITLE 6 ENVIRONMENTAL CONSERVATION

D027

0028

0029

0030

D0l2

0031

0032

D033

0034

0008

0013

0009

0014

D035

D036

D037

0038

0010

0011

0039

0015

0040

0041

0042

D0l7

0043

lA-Dichlorobenzene

1,2-Dichloroethane

1,1-Dichloroethylene

2,4-Dinitrotoluene

Endrin

Heptachlor (and its cpoxide)

Hexachlorobenzene

Hexachlorohutadiene

Hexachloroethane

Lead

Lindane

Mercury

Methoxychlor

Methyl ethyl ketone

Nitrobenzene

Pentrachlorophenol

Pyridine

Seleniwn

Silver

. Tetrachloroethylene

Toxaphene

Trichloroethylene

2,4,5-Trichlorophenol

2,4,6-Trichlorophenol

2,4,5-TP (Silvex)

Vinyl chloride

106-46-7

107-0-6

75-35-4

121-14-2

72-20-8

76-44-8

118-74-1

87-68-3

67-72-1

7439-92-1

58-89-9

7439-97-6

72-43-5

78-93-3

98-95-3

87-86-5

110-86-1

7782-49-2

7440-22-4

127-18-4

8001-35-2

79-01-6

95-95-4

88-06-2

93-72-1

75-01-4

7.5

0.5

0.7

0.133

0.02

0.008

0.133

0.5

3.0

5.0

0.4

0.2

10.0

200.0

2.0

100.0

5.03

1.0

5.0

0.7

0.5

0.5

400.0

2.0

1.0

0.2

1 Hazardous waste number.

2Chemical abstracts service number.

3Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes

the regulatory level.

4lf 0-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is

used. The regulatory level of total cresol is 200 mg/l.

(2) A solid waste that exhibits the characteristic of toxicity has the EPA hazardous waste

number specified in Table 1 which corresponds to the toxic contaminant causing it to be

hazardous.

Historical Note

Sec. filed May 14, 1985; amds. filed: Dec. 2, 1991; Nov. 15, 1994; Sept. 29,1998 efL 60

days after filing. Amended (b), (c), (e).

§ 371.4 Lists of hazardous wastes.

(a) General. (1) A solid waste is a hazardous waste if it is listed in this section, unless it

has been excluded from this list under section 370.3(a) and (b) of this Title.

(I)

(e)

Reactive waste (R)

Note: Although the names used for chemicals in this list include common

names, tmde names and specific isomer names under various chemical

naming systems, where anyone of these previous names are used, all

other equivalent names shall be considered to be listed.

(2) The commissioner will indicate the basis for listing the classes or types of wastes listed

in this section by employing one or more of the following hazard codes:

Ignitable waste . .

Corrosive waste . .

6070 Conservation 01131/00
CHAPTER IV QUALITY SERVICES

Toxicity characteristic waste

Acute hazardous waste

Toxic waste.

§ 371.4

(E)

(H)

(T)

Appendix 22, infra, identifies the constituent which caused the commissioner to list the waste

as a toxicity characteristic waste (E) or toxic waste (T) in subdivisions (b) and (c) of this

section.

(3) Each hazardous waste listed in this section is assigned an EPA hazardous waste number

which precedes the name of the waste. This number must be used in complying with the

notification requirements of section 3010 of the Resource Conservation and Recovery Act and

certain recordkeeping and reporting requirements under Parts 372, 373 and 376 (see section

370.1 [eJ of this Title).

(4) The following hazardous wastes listed in subdivisions (b) and (c) of this section are

subject to the exclusion limits for acutely hazardous waste established in section 371.l(f) of

this Part: EPA hazardous waste numbers F020, F021, FOn, F023, F026 and F027.

(b) Hazardous waste from nonspecific sources. (1) The following solid wastes are listed

hazardous wastes from nonspecific sources unless they are excluded under section 370.3(a) and

(c) of this Title and listed in Appendix 24, infra:

Industry and

EPA hazardous

waste number

Generic:

Hazardous waste

Hazard

code

FOOl

F002

F003

Ol~15~2002

The following spent halogenated solvents used in degreasing: (T)

tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,

I-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtureslblends used in degreasing

containing, before use, total of 10 percent or more (by volume)

of one or more of the above halogenated solvents or those

solvents listed in F002, Foo4 and F005; and still bottoms from

the recovery ofthese spent solvents and spent solvent mixtures.

The following spent halogenated solvents: tetrachloro-ethylene, (T)

methylene chloride, trichloroethylene, l,l,l-trichloroethane,

chlorobenzene, 1, 1,2-trichloro-l,2,2~ trifluoroethane,

orthodichlorobenzene, trichlorofluoromethane and

1,1,2~trichloroethane; all spent solvent mixtureslblends containing, before use, a total of 10 percent or more (by volume) of one

or more of the above halogenated solvents or those listed in

FOOl, Foo4 or FOOS; and still bottoms from the recovery ofthese

spent solvents and spent solvent mixtures.

The following spent nonhalogenated solvents: xylene, acetone, (1)*

ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone,

n-butyl alcohol, cyclohexanone, and methanol; all spent solvent

mixtureslblends containing, before use, only the above spent

nonhalogenated solvents; and all spent solvent rrrixturesiblends

containing, before use, one or more of the above nonhalogenated solvents, and a total of 10 percent or more (by volume) of one or more ofthose solvents listed in FOOl, F002, FOO4

and FOD5; and still bottoms from the recovery of these spent

solvents and spent solvent mixtures.

6071 Conservation
§ 371.4 T[TLE 6 ENV[RONMENTAL CONSERVATION

Industry and

EPA hazardous

waste number

FOO4

FOOS

F006

F007

FOO8

FOO9

FOIO

FOll

FOl2

FOl9

F020

6072 Conservation

Hazardous waste

The following spent nonhalogenated solvents: cresols and cresylic acid, and nitrobenzene; all spent solvent mixturesfblends

containing, before use, a total of 10 percent orffiore (by volume)

of one or more of the above nonhalogenated solvents or those

solvents listed in FOOl, F002 and FOO5; and still bottoms from

the recovery of these spent solvents and spent solvent mixtures.

The following spent nonhalogenated solvents: toluene, methyl

ethyl ketone, carbon disulfide, isobutanol, and pyridine, benzene, 2~ethoxyethanol, and 2-nitropropane; all spent solvent

mixtureslblends containing. before use, a total of 10 percent or

more (by volume) of one or more of the above nonhalogenated

solvents or those solvents listed in FOOl, F002 or F004; and still

bottoms from the recovery of these spent solvents and spent

solvent mixtures.

Wastewater treatment sludges from 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.

Spent cyanide plating bath solutions from,electroplating operations.

Plating bath residues from the bottom of plating baths from

electroplating operations where cyanides are used in the process.

Spent stripping and cleaning bath solutions from electroplating

operations where cyanides are used in the process.

Quenching bath residues from oil baths from metal heat treating

operations where cyanides are used in the process.

Spent cyanide solutions from salt bath pot cleaning from metal

heat treating operations.

Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.

Wastcwater treatmcnt sludges from the chemical conversion

coating of aluminum except from zirconium phosphating in

aluminum can washing when such phosphating is an exclusive

conversion coating process.

Wastes (except wastewater and spent carbon 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.)

Hazard

code

(T)

([,T)

(T)

(R,T)

(R.T)

(R.T)

(R,T)

(R,T)

(T)

(T)

(H)

01-[5-2002
CHAPTER IV QUALITY SERVICES § 371.4

Industry and

EPA hazardous

waste number

F021

F022

P023

F024

F025

F026

F027

F02S

01-15-2002

Hazardous waste

Wastcs (except wastewater and spent carbon from hydrogen

chloride purification) from the production or manufacturing use

(as a reactant, chemical intermediate, or component in a fonnulating process) of pentachlorophenol, or ofintermediates used to

produce its derivatives.

Wastes (except wastewater and spent carbon from hydrogen

chloride purification) from the manufacturing use (as a reactant,

chemical intermediate, or component in a formulating process)

of tctra-, penta-, or hexachlorobenzenes under alkaline conditions.

Wastes (except wastewater and spent carbon from hydrogen

chloride purification) from the production of materials on equipment previously used for the production or manufacturing use

(as a reactant, chemical intermediate, component in a fonnulating process) of tri- and tetra-chlorophenols. (This listing does

not include wastes from equipment used only for the production

or use of hexachlorophene from highly purified

2,4,5-trichlorophenol.)

Process wastes, including but not limited 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

ch~orinesubstitution. (This listing does not include wastewaters,

wastewater treatment sludges, spent catalysts, and wastes listed

in subdivision [b] or [c] of this section.)

Condensed light ends, spent filters and 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.

Wastes (except wastewater and spent carbon 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.

Discarded unused fonnulations containing tri-, tetra-, or

pentachlorophenol or discarded unused formulation containing

compounds derived from these chlorophenols. (This listing does

not include formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.)

Residues resulting from the incineration or thermal treatment of

soil contaminated with EPA hazardous waste numbers F020,

F021, F022, F023, F026 and F027.

6073

Hazard

code

(H)

(H)

(H)

(T)

(T)

(H)

(H)

(T)

Conservation
§ 371.4 TITLE6 ENVIRONMENTALCONSERVATlON

Industry and

EPA hazardous

waste number

F032

F034

F035

F03?

6074 Conservation

Hazardous waste

Wastewaters (except those that have not come 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 subdivision [f] of this section or potentially

cross~contaminated wastes that are otherwise currently regulated as hazardous wastes [i.e., F034 or F0351, and where the

generator does not resume or initiate use of chlorophenolic

formulations). This listing does not include KOOI bottom sedi~

ment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

Wastewaters (except those that have not come 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 KOO I bottom sediment sludge from the treatment of

wastewater from wood preserving processes that use creosote

and/or pentachlorophenol.

Wastewaters (except those that have not come into contact with

process contaminants), process residuals, preservative drippage,

and 'spent formulations from wood preserv.41g processes generated at plants that use inorganic preservatives containing arsenic

or chromium. This listing does not include KOOI bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

Petroleum refinery primary oil/water/solids separation sludge;

any sludge generated from the gravitational separation of oill

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 stonnwater 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 subparagraph

(2)(ii) of this subdivision (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 section 371.I(e)(l)(xii)(a) of this

Part, ifthose residuals are to be disposed of.

Hazard

code

(T)

(T)

(T)

(T)

01-15-2002
CHAPTER IV QUALITY SERVICES § 371.4

Industry and

EPA hazardous

waste number

F038

F039

Hazardous waste

Petroleum refinery secondary (emulsified) oil/water/solids

separation sludge; any sludge and/or float generated from the

physical andlor chemical separation of oiUwatcrlsolids 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 stormwatcr 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

subparagraph (2)(ii) of this subdivision (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.

Leachate (liquids that have percolated through land disposed

wastes) resulting from the disposal of more than one restricted

waste classified as hazardous under this section. (Leachate

resulting from the disposal of one or more ofthe following EPA

hazardous wastes and no other hazardous waste retains its EPA

hazardous waste number(s): F020, FOOl, F022, F026, F027,

and/or F028.)

Hazard

code

(T)

(2) Listing specific definitions:

(i) For the purposes of the F03? and F038 listings, oil/water/solids is defined as oil and!

or water andJor solids.

(ii) (a) For the purposes of the F03? and F038 listings, aggressive biological treat*

ment 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:

(1) the units employ a minimum ofsix hp per million gallons of treatment volume;

and

(2) either the hydraulic retention time of the unit is no longer than five days; or

(3) 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.

(b) Generators and treatment, storage and disposal facilities have the burden of

proving that their sludges are exempt from listing as F03? and F038 wastes under this

definition. Generators and treatment, storage and disposal facilities must maintain, in their

operating or other onsite records, documents and data sufficient to prove that:

(1) the unit is an aggressive biological treatment unit as defmed in this subparagraph; and

(2) the sludges sought to he exempted from the definitions of F037 and/or F038

were actually generated in the aggressive biological treatment unit.

11-I5-99 6075 Conservation
§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) (a) For the purposes of the F03? 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.

(b) For the purposes of the F038 listing:

(1) 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

(2) floats areconsidered to be generated at the moment they are formed in the top

of the unit.

(c) Hazardous wastesfrom specific sources. The following solid wastes are listed hazardous

waste from specific sources unless excluded under section 370.3(a) and (c) of this Title and listed

in Appendix 24, infra:

Industry and

EPA hazardous

waste number

Wood preservation:

KOOI

Inorganic pigments:

KOO2

KOO3

KOO4

KOO5

KOO6

KOO7

KOO8

Organic chemicals:

KOO9

KOIO

K01l

K013

K014

6076 Conservation

Hazardous waste

Bottom sediment sludge from the treatment of wastewaters from

wood preserving processes that use creosote andlor

pentachlorophenol.

Wastewater treatment sludge from the production of chrome

yellow and orange pigments.

Wastewater treatment sludge from the production of molybdate

orange pigments.

Wastewater treatment sludge from the production of zinc yellow

pigments.

Wastewater treatment sludge from the production of chrome

green pigments.

Wastewater treatment sludge from the production of chrome

oxide green pigments (anhydrous and hydrated).

Wastewater treatment sludge from the production of iron blue

pigments.

Oven residue from the production of chrome oxide green

pigments.

Distillation bottoms from the production of acetaldehyde from

ethylene.

Distillation side cuts from the production of acetaldehyde from

ethylene.

Bottom stream from the wastewater stripperin the production of

acrylonitrile.

Bottom stream from the acetonitrile column in the production of

acrylonitrile.

Bottoms from the acetonitrile purification column in the

production of acrylonitrile.

Hazard

code

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(R.T)

(R.T)

(T)

11·15·99
CHAPTER IV

Industr), and

EPA hazardous

waste number

K015

K016

K017

K018

K019

K020

K021

K022

K023

K024

K025

K026

K027

K028

K029

K030

K083

K085

K093

K094

QUALITY SERVICES

Hazardous waste

Still bottoms from the distillation of benzyl chloride,

Heavy ends or distillation residues from the production of

carbon tetrachloride.

Heavy ends (still bottoms) from the purification column in the

production of cpichlorohydrin.

Heavy ends from the fractionation column in ethyl chloride

prOduction.

Heavy ends from the distillation of ethylene dichloride in

ethylene dichloride production.

Heavy ends from the distillation of vinyl chloride monomer

production.

Aqueous spent antimony catalyst waste from fluorornethanes

production.

Distillation bottom tars from the production of phenol/acetone

from curnene.

Distillation light ends from the production of phthalic anhydride

from naphthalene.

Distillation bottoms from the production of phthalic anhydride

from naphthalene.

Distillation bottoms from the production of nitrobenzene by the

nitration of benzene.

Stripping still tails from the production of methyl ethyl

pyridines.

Centrifuge and distillation residues from toluene diisocyanate

production.

Spent catalyst from the hydrochlorinator reactor in the

production of 1,1,1-trichloethane.

Waste from the product steam stripper in the production of

1, l,1~trichloroethane.

Column bottoms or heavy ends from the combined production

of trichloroethylene and perchloroethylenc.

Distillation bottoms from aniEne production.

Distillation or fractionation column bottoms from the

production of chlorobenzenes.

Distillation light ends from the production of phthalic anhydride

from ortho-xylene_

Distillation bottoms from the production of phthalic anhydride

from ortho-xylene.

§ 371.4

Hazard

code

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(R,T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

K095

10-31-98

Distillation bottoms

1,1,I-trichloroethane.

from the production of

6077

(T)

Conservation
§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

industry and

EPA hazardous

wasle number

K096

KJ03

KJ04

KJ05

KJ07

KIDS

KJ09

KJJO

KJJJ

K112

KJJ3

KJJ4

Hazardous waste

Heavy ends from the heavy ends calunID from the production of

1,1,I-trichloroethane.

Process residues from aniline extraction from the production of

aniline.

Combined wastewater streams generated from nitrobenzene!

aniline production.

Separated aqueous stream from the reactor product washing step

in the production of chlorobenzene.

Column bottoms from product separation from the production of

1,1-dimethylhydrazine (UDMH) from carboxylic acid

hydrazides.

Condensed column overheads from product separation and

condensed reactor vent gases from the production of

l,l-dimethylhydrazine (UDMH) from carboxylic acid

hydrazides.

Spent filter cartridges from product purification from the

production of 1,1-dimethylhydrazinc (UDMH) from carboxylic

acid hydrazides.

Condensed column overheads from intermediate separation

from the production of l,l-dimethylhydrazine (UDMH) from

carboxylic acid hydrazidcs.

Product washwaters from the production of dinitrotoluene via

nitration of toluene.

Reaction by~product water from the drying column in the

production of toluenediaminc via hydrogenation of

dinitrotoluene.

Condensed liquid light ends from the purification of

toluenediamine in the production of toluencdiamine via

hydrogenation of dinitrotoluene.

Vicinals from the purification of toluenediaminc in the

production of toluenediamine via hydrogenation of

dinitrotoluenc.

Hazard

code

(T)

(T)

(T)

(T)

(C,T)

(l,T)

(T)

(T)

(C,T)

(T)

(TJ

(T)

KJJ5 Heavy ends from the purification

production of toluenediaminc

dinitrotoluene.

of toluenediaminc in the

via hydrogenation of

(T)

Kl16 Organic condensate from the solvent recovery column in the

production of toluene diisocyanate via phosgenation of

toluencdiamine.

KIl? Wastewater from the reactor vent gas scrubber in the production

of ethylene dibromide via brornination of ethene.

KIIS Spent adsorbent solids from purification of ethylene dibromide

in the production of ethylene dibromidc via bromination of

ethene.

6078 Conservation

(T)

(T)

(T)
§ 371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(ii) A container that has held a hazardous waste that is a compressed gas is empty when

the pressure in the container approaches atmospheric.

(iii) A container or an inner liner removed from a container that has held an acute

hazardous waste listed in section 371.4(b), (c) or (d)(5) of this Part is empty if:

(a) the container or inner liner has been triple~rinsed using a solvent capable of

removing the commercial chemical product or manufacturing chemical intermediate;

(b) the container or inner liner has been cleaned by another method that has been

shown in the scientific literature. or by tests conducted by the generator, to achieve

equivalent removal; or

(c) in the case of a container. the inner liner thal prevented contact of the commercial

chemical product or manufacturing chemical intennediate with the container, has been

removed.

Note: Approaching atmospheric pressure means that the pressure is essentially equal to atmospheric pressure.

(i) Severability. If any provision of this Part or its application to any person or circumstance

is held invalid, the remainder of this Part, and the application of those provisions to persons or

circumstances other than those to which it is held invalid, shaH not be affected thereby.

(j) Requirements for universal wastes. 0) The wastes listed in this section are exempt

from regulation under Part 372 through Subpart 374-1 and Part 376 of this Title except as

specified in Subpart 374-3 of this Title and, therefore are not fully regulated as hazardous

waste. The wastes listed in this subdivision are subject to regulation under Subpart 374~3 of this

Title:

(i) batteries as described in section 374~3.1 (b) of this Title;

(ii) pesticides as described in section 374-3.l(c) of this Title;

(iii) thermostats as described in section 374-3.1 (d) of this Title; and

(iv) lamps as described in section 374-3.1(e) of this Title.

Historical Note

Sec. filed May 14, 1985; amds. filed: May 2,1986; Sept. 4,1986 as emergency measure;

Nov. 3,1986 as emergency measure; Dec. 31, 1986 as emergency measure; Dec. 31, 1986;

Oct. 26, 1988; Dec. 2,1991; Nov. 19, 1993: Nov. 15. 1994; Sept. 20.1996; Sept. 29, 1998;

Nov. 4, 1999: Jan. 14,2002; July 5, 2005 eff. 60 days after filing. Amended (d)-(c).

§ 371.2 Criteria for identifying the characteristics of hazardOUS waste and for listing

hazardous wastes.

(a) Criteria for identifying the characteristics of hazardous waste. The commissioner will

identify and define a characteristic of hazardous waste in addition to those characteristics already

identified in section 371.3 of this Part, upon determining that:

(1) a solid waste that exhibits the characteristic may:

(i) cause, or significantly contribute to, an increase in mortality or an increase in serious

irreversible, or incapacitating reversible illness: or

(ii) pose a substantial present or potential hazard to human health or the environment

when it is improperly treated, stored, lransported, disposed of or otherwise managed: and

(2) the characteristic can be:

0) measured by an available standardized tcst method which is reasonably within the

capability of generators of solid waste or private sector laboratories that are available to

serve generators of solid waste; or

Oi) reasonably detected by generators of solid waste through their knowledge of their

waste.

6066 Conservation 07-15-2005
CHAPTER IV QUALITY SERVICES § 371.4

Industry and

EPA hawrdOlls

.vaste number

K136

KI49

KI50

KISI

KI56

KIS7

KISS

KI59

KI61

07-15-2005

Ha:wrdous waste

Still bottoms from the purification of ethylene dibromide in the

production of ethylene dibrontide via brornination of ethene.

Distillation bottoms from the production of alpha- (or methyl~)

chlorinated toluenes, ling-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.)

Organic residuals, excluding spent carbon adsorbent, from the

spent chlorine gas and hydrochloric add recovery processes

associated with the production of alpha- (or methyl-) chlorinated

toluenes, ring-chlorinated toluenes, benzoyl chlorides, and

compounds with mixtures ofthese functional groups.

Wastewater treatment sludges, excluding neutralization and

biological sludges, generated during the treatment of

wastewaters from the production of alpha- (or methyl-)

chlorinated toluenes, ring-chlorinated toluenes, benzoyl

chlorides, and compounds with mixtures of these functional

groups.

Organic waste (including heavy ends, still bottoms, light ends.

spent solvents, filtrates, and decantates) from the production of

carhamates and carbamoyl oximes. (This listing does not apply

to wastes generated from the manufacture of 3-iodo-2-propynyl

n-butylcarbamate.)

Wastewaters (including scrubber waters, condenser waters,

washwaters, and separation waters) from the production of

carbamates and carbamoyl oximes. (This listing does not apply

to wastes generated from the manufacture of 3-iodo-2-propynyl

n-butylcarbamate.)

Bag house dusts and filter/separation solids form the production

of carbamates and arbamoyl oximes. (This listing does not apply

to wastes generated from the manufacture of 3-iodo-2·propynyl

n-butylcarbamate.)

Organics from the treatment of thiocarbamate wastes.

Purification solids (including fiitration, 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 and KI26.)

6079

Hazard

code

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(R,T)

Conservation
§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVAnON

Industry and

EPA ha~£lrdous

waste number

KI74

K175

Inorganic chemicals:

K07!

K073

KI06

Pesticides:

K031

K032

K033

K034

K035

K036

K03?

6080 Conservation

Hazardous waste

Wastewater treatment sludges from the production of ethylene

dicloride or vinyl chloride monomer (including sludges that

result from conuningled 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 pennitted by the

State or Fedeml government; (ii) they are not otherwise placed

on the land prior to final disposal; and (iii) the generator

maintains documentation demonstrating that the waste was

either disposed of in an on-site landfill or consigned to a

transporter or disposal facility that provided a written

commitment to dispose of the waste in an off-site landfill.

Respondents in any action brought to enforce the requirements

of subtitle C must, upon a showing by the government that the

respondent managed wastewater treatment sludges from the

production of vinyl chloride monomer or ethylene dichloride,

demonstrate that they meet the terms of the exclusion set forth

above. In doing so, they must provide appropriate

documentation (e.g.. contracts between the generator and the

landfill owner/operator, invoices documenting delivery of waste

to landfill, etc.) that the terms ofthe exclusion were met.

Wastewater treatment sludges from the production of vinyl

chloride monomer using mercuric chloride catalyst in an

acetylene-based process.

Brine purification muds from the mercury cell process in

chlorine production, where separately preputified brine is not

used.

Chlorinated hydrocarbon waste from the steps ofthe diaphragm

cell process using graphite anodes in chlorine production.

Wastewater treatment sludges from the mercury cell process in

chlorine production.

By-product salts generated in the production of MSMA and

cacodylic acid.

Wastewater treatment sludge from the production of chlordane.

Wastewater and scrub water from the chlorination of

cyclopentadiene in the production of chlordane.

Filter solids from the filtration ofhexachloro-cyclopemadiene in

the production of chlordane.

Wastewater treatment sludges generated in the production of

creosote.

Still bottoms from toluene reclamation distillation in the

production of disulfoton.

Wastewater treatment sludges from the production of

disulfoton.

Hazard

code

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

07-15-1005
CHAPTER IV QUALITY SERVICES § 371.4

Indus!I}' and

EPA hazardous

waste number

K038

K039

K040

K04I

K042

K043

K097

K098

K099

K123

K124

KI25

KI26

KI31

K132

KI76

KI77

KI78

Explosives:

K044

K045

07·15-2005

Hazardous waste

Wastewater from the washing and stripping of phorate

production.

Filter cake from the filtration of dicthylphos-phorodithioic acid

in the production of phorate.

Wastewater treatment sludge from the production of phoratc.

Wastewater treatment sludge from the production of toxaphene.

Heavy ends or distillation residues from the distillation of

tetrachlorobenzene in the production 2,4,5-T.

2,6+Dichlorophenol waste from the production of2,4-D.

Vacuum stripper discharge from the chlordane chlorinator in the

production of chlordane.

Untreated process wastewater from the production of

toxaphene.

Untreated wastewater from the production of 2A~D.

Process wastewater (including supernates, filtrates, and

washwaters) from the production of ethylenebisdithiocarbamic

acid and its salts.

Reactor vent scrubber water from the production of

ethylenebisdithiocarbamic acid and its salts.

Filtration. evaporation, and centrifugation solids from the

production of ethylenebisdithiocarbamic acid and its salts.

Baghouse dust and floor sweepings in milling and packaging

operations from the production or formulation of

ethylenebisdithiocarbamic acid and its salts.

Wastewater from the reactor and spent sulfuric acid from the

acid dryer from the production of methyl bromide.

Spent absorbent and wastewater separator solids from the

production of methyl bromide.

Baghouse filters from the production of antimony oxide,

including filters from the production of intermediates (e.g"

antimony metal or crude antimony oxide).

Slag from the production of antimony oxide that is speculatively

accumulated or disposed, including slag from the production of

intennediates (e.g.• antimony metal or crude antimony oxide).

Residues from manufacturing and manufacturing~site storage of

ferric chloride from acids fonned during the production of

titanium dioxide using the chloride~ilmenite process.

Wastewater treatment sludges from the manufacturing and

processing of explosives.

Spent carbon from the treatment of wastewater containing

explosives.

6081

Hazard

code

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(C,T)

(T)

(T)

(C,T)

(T)

(E)

(T)

(T)

(R)

(R)

Conservation
§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

Industry and

EPA hazardous

waste number

K046

K047

Petroleum refining:

K048

K049

KOSO

KOSI

KOS2

KI69

K170

Kl71

KIn

Iron and steel:

K061

K062

Primary lead:

K065

Primary zinc:

Primary aluminum:

K08S

Ferroalloys:

6082 Conservation

Hazardous waste

Wastewater treatment sludges from the manufacturing.

fonnulation and loading of lead-based initiating compounds.

Pink/red waterfrom TNT operations.

Dissolved air flotation (DAF) float from the petroleum refining

industry.

Slop oil emulsion solids from the petroleum refining industry.

Heat exchanger bundle cleaning sludge 'from the petroleum

refining industry.

API separator sludge from the petroleum refining industry.

Tank bottoms (leaded) from the petroleum refining industry.

Crude oil storage tank sediment from petroleum refining

operations.

Clarified slurry oil tank sediment and/or in-line filter/separation

solids from petroleum refining operation.

Spent hydrotreating catalyst from petroleum refining operations.

including guard beds used to desulfurize feeds to other catalytic

reactors (this listing does not include inert support media).

Spent hydrorefining catalyst from petroleum refining

operations. including guard beds used to desulfurize feeds to

other catalytic reactors (this listing does not include inel1

support media).

Emission control dust/sludge from the primary production of

steel in electric furnaces.

Spent pickle liquor generated by steel finishing operations of

facilities within the iron and steel industry (SIC codes 331 and

332).

Surface impoundment soli ained in and dredged from

at primary lead smelting facilities.

Sludge from treatment of process wastewater and/or acid plant

Spent potliners from primary aluminum reduction.

Hazard

code

(T)

(R) •

(T)

(T)

(T)

(T)

(T)

(T)

(I, T)

(I, T)

(T)

(T)

(T)

(T)

07-15-2005
CHAPTER IV QUALITY SERVICES

Industry and

EPA hazardous

waste number

production.

Hawrdous wasle

§ 371.4

Hazard

code

K091

Secondary lead:

ontrol dust or sludge from ferrochromium

K069

KlOO

Emission control dust/sludge from secondary lead smelting,

except sludge generated from secondary acid scrubbersystems.

Waste leaching solution from acid leaching of emission control

dust/sludge from secondary lead smelting.

Veterinary pharmaceuticals:

K084

KIOI

KI02

Ink fonnation:

K086

Coking:

K060

K08?

KJ41

KI42

KJ43

KI44

KI45

07-15-2005

Wastewater treatment sludges generated during the production

of veterinary pharmaceuticals from arsenic or organo-arsenic

compounds.

Distillation tar residues from the distillation of aniline-based

compounds in the production of veterinary pharmaceuticals

from arsenic or organo-arsenic compounds.

Residue from the use of activated carbon for decolorization in

the production of veterinary pharmaceuticals from arsenic or

organo-arsenic compounds.

Solvent washes and sludges, caustic washes and sludges. or

water washes and sludges from cleaning tubs and equipment

used in the formulation ofink from pigments, driers, soaps, and

stabilizers containing chromium and lead.

Ammonia stil1lime sludge from coking operations.

Decanter tank tar sludge from coking operations.

Process residues from the recovery of coal tar, including, but not

limited to, collecting sump residues from the production of coke

from coal or the recovery of coke by-products produced from'

coal. This listing does not include K087 (decanter tank tar

sludges from coking operations).

Tar storage tank residues from the production of coke from coal

or from the recovery of coke by-products produced from coal.

Process residues from the recovery of light oil, including. but

not limited to, those generaled in stills. decanters, and wash oil

recovery units from the recovery of coke by-products produced

from coal.

Wastewater sump residues from light oil refining. including. but

not limited to. intercepting or contamination sump sludges from

the recovery of coke by-products produced from coal.

Residues from naphthalene collection and recovery operations

from the recovery of coke by-products produced from coal.

6083

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

(T)

Conservation
§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

Industry and

EPA hawrdous

waste /lumber

KI47

KI48

Hazardous waste

Tar storage tank residues from coal tar refining.

Residues from coal tar distillation, including but not limited to,

still bottoms.

Hazard

code

(T)

(T)

(d) Discarded commercial chemical products, off-specification species, container residues.

and spill residues thereof The following materials or items are hazardous wastes if and when

they are discarded or intended to be discarded as described in section 371.1(c)(2)(i) of this Part,

when they are mixed with waste oil or used oil or other material and applied to the land for dust

suppression or road treatment, when they are otherwise applied to the land in lieu of their original

intended use or when they are contained in products that are applied to the land in lieu of their

original intended use, or when, in lieu of their original intended use, they are produced for use as

(or as a component ot) a fuel, distributed for use as a fuel, or burned as a fuel:

(1) any commercial chemical product, or manufacturing chemical intermediate having the

generic name listed in paragraph (5) or (6) of this subdivision;

(2) any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (5) or

(6) of this subdivision;

(3) any residue remaining in a container or inner liner removed from a container that has

been used to hold any commercial chemical product or manufacturing chemical intermediate

having the generic names listed in paragraph (5) or (6) of this subdivision, or any residue

remaining in a container or inner liner removed from a container that has been used to hold any

off-specification chemical product or manufacturing chemical intermediate, which if it met

specifications, would have the generic name listed in paragraph (5) or (6) of this subdivision,

unless the container is empty as defined in section 371.1 (h)(2) of this Part.

Note: Unless the residue is being beneficially used or reused. or legitimately

recycled or reclaimed, or being accumulated, stored, transported or

treated prior to such use, reuse, recycling or reclamation, EPA and the

department consider the residue to be intended for discard, and thus, a

hazardous waste. An example of a legitimate reuse of the residue would

be where the residue remains in the container and the container is used

to hold the same commercial chemical product or manufacturing chem+

ical intermediate it previously held. An example of the discard of the

residue would be where the drum is sent to a drum reconditioner who

reconditions the drum but discards the residues. All waste resulting

from the rinsing or cleansing of the container or inner liner, by a

nonaqueous solvent. is a hazardous waste. All waste resulting from the

aqueous rinsing or cleansing of the container or inner liner is a hazardous waste unless exempt pursuant to section 371.1(d)(l)(ii)(d)(4).

(4) any residue or contaminated soil, water or other debris resulting from the cleanup of a

spill into or on any land or water of any commercial chemical product or manufacturing

chemical intermediate having the generic name listed in paragraph (5) or (6) of this subdivision, or any residue or contaminated soil, water or other debris resulting from the cleanup of a

spill. into or on any land or water, of any off·specification chemical product or manufacturing

chemical intermediate which, if it met specifications. would have the generic name listed in

paragraph (5) or (6) of this subdivision.

Note: The phrase "commercial chemical product or manufacruring chemical

intermediate having the generic name listed in..." refers to a chemical

substance which is manufactured or formulated for commercial or

manufacturing use which consists of the commercially pure grade of

6084 Conservation 07-15-2005
CHAPTER IV QUALITY SERVICES § 371.4

the chemical, any technical grades of the chemical that are produced or

marketed, and all formulations in which the chemical is the sole active

ingredient. It does not refer to a material, such as a manufacturing

process waste, that contains any of the substances listed in paragraph

(5) or (6), Where a manufacturing process waste is deemed to be a

hazardous waste because it contains a substance listed in paragraph (5)

or (6), such waste will be listed in either subdivision (b) or (c) of this

section, or will be identified as a hazardous waste by the characteristics

set forth in section 371.3 ofthis Part.

(5) Acute hazardous waste. The commercial chemical products, manufacturing chemical

intermediates or off-specification commercial chemical products or manufacturing chemical

intennediates referred to in paragraphs (1) through (4) of this subdivision, are identified as

acute hazardous wastes (H) and are subject to the small quantity exclusion defined in section

371.1 (1)(5) of this Pan.

Note: For the convenience ofthe regulated community the primary hazardous

properties of the materials have been indicated by the letters T [Toxicity], and R [Reactivity]. Absence of a letter indicates that the compound

only is listed for acute toxicity,

These wastes and their corresponding EPA hazardous waste numbers are:

EPA

hazardous

waste No.

P023

POO2

POS7

POS8

P002

P003

P070

P203

P004

POOS

POO6

pom

P008

POO9

PI19

P099

POlO

P012

POll

POll

07-15-2005

Chemical

abstracts No.

107-20-0

591-08-2

640-19-7

62-74-8

591-08-2

I07~02-8

116-06-3

1646-88-4

309-00-2

107-18-6

20859-73-8

2763-96-4

504-24-5

131-74-8

7803-55-6

506-61-6

7778-39-4

1327-53-3

1303-28-2

1303-28-2

Substance

Acetaldehyde, ch1oroAcetamide, N-(aminothioxomethyl)-

Acetamide,2-fluoroAcetic acid, fluoro-, sodium salt

1-Acetyl-2-thiourea

Acrolein

Aldicarb

A1dicarb sulfone

Aldrin

Allyl alcohol

Aluminum phosphide (R.T)

5-(Aminomethyl)-3-isoxazolo1

4-Aminopyridine

Ammonium picrate (R)

Ammonium vanadate

Argentate (1-). bis (cyano-C)-, potassium

Arsenic acid H3As04

Arsenic oxide As:; 0 3

Arsenic oxide ASZ0 5

Arsenic pentoxide

6084.t Conservation
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

P012

P038

P036

P054

P067

POI3

P024

P077

P028

PD42

P046

POl4

PI27

P188

POOl

P028

P0I5

POl7

P018

P045

P02l

P021

PI89

PI91

PI92

P190

P127

P022

P095

PI89

P023

P024

P026

P027

P029

P029

Pl02

P030

P031

P033

P033

P034

P016

P036

Chemical

abstracts No.

1327-53-3

692-42-2

696-28-6

151-56-4

75-55-8

542-62-1

106-47-8

100-01-6

100-44-7

51-43-4

122-09-8

108-98-5

1563-66-2

57-64-7

100-44-7

7440-41-7

598-31-2

357-57-3

39196-18-4

592-01-8

592-01-8

55285-14-8

644-64-4

119-38-0

1129-41-5

1563-66-2

75-15-0

75-44-5

55285-14-8

107-20-0

106-47-8

5344-82-1

542-76-7

544-92-3

544-92-3

64-00-6

460-19-5

506-77-4

506-77-4

131-89-5

542-88-1

696-28-6

Substance

Arsenic trioxide

Arsine, diethylArsonous dichloride, phenylAziridine

Aziridine,2-methylBarium cyanide

Benzenamine, 4-chloroBenzenamine,4-nitroBenzene, (chloromethyl)-

1,2-Benzenediol, 4-[ l-hydroxy~2-(methylamino) ethyl]-, (R)-

Benzencethanamine, alpha, alpha-dimethylBenzenethiol

7-Benzofuranol, 2.3-dihydro-2,2-dimethyl-, methylcarbamate

Benzoic acid, 2-hydroxy-, cornpd. w/(3aS-cis)-1,2.3a, 8,8ahexahydro-l ,3a,8-trimethylpyrrolo[2,3-bJindal-5-y1

methycarbamate ester (1 :1)

2H-I-Benwpyran-2-one,4-hydroxy-3-

(3-oxo-l-phenylbutyl)-}, & salts, when present at

concentrations greater than 0.3 percent

Benzyl chloride

Beryllium powder

Bromoacetone

Brucine

2-Butanone, 3,3-dimethyl- l-(rnethylthio)-, O-[(methylamino)

carbonyl) oxime

Calcium cyanide

Calcium cyanide Ca(CNh

Carbamic acid, [(dibutylamino)-thio]methyl-, 2,

3-dihydro-2,2-dimethyl-7-benzofuranyl ester

Carbamic acid, dimethyl-, 1-[(dimethy1-

amino)carbonyl]-5-methyl-1H-pyrazo1-3-y1 ester

Carbamic add, dimethy1-, 3-methyl.l(1-methy1ethy1)-IHpyrazol-5yl ester

Carbamic acid, methyl-, 3-methylphenyl ester

Carbofuran

Carbon disulfide

Carbonic dichloride

Carbosulfan

Chloroacetaldehyde

p-Chloroaniline

1-(o-Chlorophenyl)thiourea

3-Ch1oropropionitrile

Copper cyanide

Copper cyanide Cu(CN)

m-Comeny1 methylcarbamate

Cyanides (soluble cyanide salts), not otherwise specified

Cyanogen

Cyanogen chloride

Cyanogen chloride (CN)CI

2-Cydohexyl-4, 6-dinitrophenol

Dichloromethyl ether

Dichlorophenylarsine

01-15-2002 6085 Conservation
§ 371.4

EPA Chemical

hazardous abstracts No.

waste No.

P037 60-57-1

P038 692-42-2

P041 311-45-5

P040 297-97-2

P043 55-91-4

P004 309-00-2

P060 465-73-6

P037 60-57-1

P05! 172-20-8

P044

P046

P191

P047

P048

P020

P085

Plll

P039

P049

P185

P050

P088

P051

P051

P042

P031

P194

P066

P101

P054

P097

P056

P057

P058

P198

P197

P065

P059

P062

P1l6

6086 Conservation

60-51-5

122-09-8

644-64-4

1534-52-1

51-28-5

88-85-7

152-16-9

107-49-3

298-04-4

541-53-7

26419-73-8

115-29-7

145-73-3

72-20-8

72-20-8

51-43-4

460-19-5

23135-22-0

16752-77-5

107-12-0

151-56-4

52-85-7

7782-41-4

640-19-7

62-74-8

23422-53-9

17702-57-7

628-86-4

76-44-8

757-58-4

79-19-6

TITLE 6 ENVIRONMENTAL CONSERVATION

Substance

Dieldrin

Diethylarsine

Diethyl-p-nitrophenyl phosphate

O,O~Diethyl O-pyrazinyl phosphorothioate

Diisopropylfluorophosphatc (OFP)

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10- hexa~

chloro-l,4,4a.,5,8,8a,- hexahydro-, (lalpha, 4alpha, 4abeta,

5a1pha, 8a1pha, 8abeta) -

1,4,5,8- Dimethanonaphthalene, 1,2,3,4,10, IO-hexa-chloro1,4,4a,5,8.8a- hexahydro-, (lalpha, 4alpha, 4abeta, 5beta,

8heta, 8abeta) -

2,7:3,6-Dimethanonaphth[2,3-b]oxirene 3,4,5,6,9,9-

hexachloro- la,2,2a.,3.6,6a,7,7a-octahydro-, (l-a-alpha,

2beta, 2aalpha, 3beta, 6beta, 6aa1pha, 7beta, 7aalpha) -

2,7:3.6-Dimethanonaphth [2,3-bJoxirene, 3,4,5,6,9,9-hexachloro-la,2.2a,3,6,6a,7,7a-octahydro-, (laalpha, 2beta,

Zabeta, 3alpha, 6alpha, 6abeta, 7beta, 7aalphah & metabolites

Dimethoate

alpha,alpha-Dimethylphenethylamine

Dimetilan

4,6-Dinitro-o-cresol, & salts

2,4-Dinitrophenol

Dinoseb

Diphosphoramide, octamethylDiphosphoric acid, tetraethyl ester

Disulfoton

Dithiobiuret

1,3-Dithiolane-2-carboxaldehyde,2,4-dimethyl-

,O-[(methylamino)-carbonyl]oxime

Endosulfan

Endothall

Endrin

Endrin, & metabolites

Epinephrine

Ethanedinitrile

Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino)

carbonyl]oxy]-2-oxo-, methyl ester

Ethanimidothioic acid, N-[[(methylamino) carbonyl]oxy]-,

methyl ester

Ethyl cyanide

Ethyleneimine

Famphur

Fluorine

Fluoroacetamide

Fluoroacetic acid, sodium salt

Formetanate hydrochloride

Fonnparanate

Fulminic acid, mercury (2+) salt (R,T)

Heptachlor

Hexaethyl tetraphosphate

Hydrazinecarbothioamide

01-15-2002
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

P06S

P063

P063

P096

P060

P192

P202

POO7

P196

P196

pon

P065

P198

P197

P082

P064

P016

PIl2

Pl18

P050

P059

P199

P066

P068

P064

P069

P071

P190

P128

pon

P073

P073

P074

P074

P075

P076

P077

P078

P076

P078

P081

P082

P084

P085

P087

P087

P088

P194

Chemical

abstracts No.

60-34-4

74-90-8

74-90-8

7803-51-2

465-73-6

119-38-0

64-00-6

2763-96-4

15339-3603

15339-36-3

62-38-4

628-86-4

233422-53-9

17702-57-7

62-75-9

624-83-9

542-88-1

509-14-8

75-70-7

115-29-7

76-44-8

2032-65-7

16752-77-5

60-34-4

624-83-9

75-86-5

298-00-0

1129-41-5

315-18-4

86-88-4

13463-39-3

13463-39-3

557-19-7

557-19-7

154-11~5

10102-43-9

100-01-6

10102-44-0

10102-43-9

10102-44-0

55-63-0

62-75-9

4549-40-0

152-16-9

20816-12-0

20816-12-0

145-73-3

23135-22-0

Substance

Hydrazine, methylHydrocyanic acid

Hydrogen cyanide

Hydrogen phosphide

lsodrin

Isolan

3-lsopropylphenyl N-methylcarbamate

3(2H)-Isoxazolone,5-(arrrinomethyl}_

Manganese, bis(dimethy1carbamodithioato-S,S')-

Manganese dimethyldithiocarbamate

Mercury, (acctato-O)phenylMercury fulminate (R,T)

Methanimidamide, N, N-dimethyl~N' -[3-[[(methylamino)-

carbonyl]oxy]phenyl]-, monohydrochloride

Methanirnidamide, N, N-dimethyl-N'-

[2-methyl-4[(methylamino)carbonyl]oxy]phenyl]-

Methanamine, N-methyl-N-nitrosoMethane, isocyanatoMethane, Qxybis[chloroMethane, tetranitro-(R)

Methanetrnol, trichloro6,9~Methano-2,4, 3-benzodioxathiepin, 6,7,8,9,10,10-

hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide

4, 7-Methano~lH-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7atetrahydroMethiocarb

Methomyl

Methyl hydrazine

Methyl isocyanate

2-Methyl1actonitrile

Methyl parathion

Meto1carb

Mexacarbate

alpha-Naphthylthiourea

Nickel cartxmy1

Nickel carbonyl Ni(CO)4, (T-4)-

Nickel cyanide

Nickel cyanide Ni(CNh

Nicotine, & salts

Nitric oxide

p-Nitroaniline

Nitrogen dioxide

Nitrogen oxide NO

Nitrogen oxide NOz

Nitroglycerine (R)

N-Nitrosodimethylamine

N-Nitrosomethylvinylamine

Octamethylpyrophosphoramide

Osmium oxide OS04, (T-4)~

Osmium tetroxide

7-0xabicyclo[2.2.1]heptane-2, 3-dicarboxylic acid

Oxamyl

01-15-2002 6087 Conservation
§ 371.4

EPA Chemical

hazardous abstracts No.

waste No.

P089 56-38-2

P034 131-89-5

P128 315-18-4

P199 2032-65-7

P202 64-00-6

P201 2631-37-0

P048 51-28-5

P047 '534-52-1

P020 88-85-7

poog 131-74-8

P092 62-38-4

P093 103-85-5

P094 298-02-2

P095 75-44-5

P096 7803-51-2

P041 311-45-5

P039 298-04-4

P094 298-02-2

P044 60-51-5

P043 55-91-4

P089 56-38-2

P040 297-97-2

F097 52-85-7

P071 298-00-0

P204 57-47-6

P188 57-64-7

P110 78-00-2

P098 151-50-8

P098 151-50-8

P099 506-61-6

P201 2631-37-0

P070 116-06-3

P203 1646-88-4

P101 107-12-0

P027 542-76-7

P069 75-86-5

F081 55-63-0

P017 598-31-2

P102 107-19-7

P003 107-02-8

P005 107-18-6

P067 75-55-8

P102 107-19-7

P008 504-24-5

P075 154-11-5

6088 Conservation

TlTLE 6 ENVIRONMENTAL CONSERVATION

Substance

Parathion

Phenol, 2-cyclohexyl-4, 6-dinitroPhenol, 4-(dimethylamino)~3,5-dimethyl-,methylcarbamale

(ester)

Phenol,(3,5~dimethyl-4-(methylthio)-,methylcarbamate

Phenol,3-(I-methylethylhmethyl carbamate

Phenol, 3-methyl-5-(l-methylethylhmethyl carbamate

Phenol, 2,4-dinitroPhenol, 2-methyl-4,6-dinitro-, & salts

Phenol, 2-(l-methylpropyl)-4, 6-dinitroPhenol, 2,4,6-trinitro-, ammonium salt (R)

Phenylmercury acetate

Phenylthiourea

Phorate

Phosgene

Phosphine

Phosphoric acid, diethy14-nitrophenyl ester

Phosphorodithioic acid O,O-diethyl S-[2-(ethylthio)ethyl]

ester

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio) methyl]

ester

Phosphorodithioic acid, O,O~dimethyl S-[2-(methylamino)

-2-oxoethyl] ester

Phosphorofluoridic acid, bis(l-methylethyl) ester

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

Phosphorothioic acid, O-[4-[(dimethylamino) sulfonyl]

phenyl] O,a-dimethyl ester

Phosphorothioic acid, a,O,-dimethyl O-(4-nitrophenyl) ester

Physostigmine

Physostigimine salicylate

Plumbane, tetraethylPotassium cyanide

Potassium cyanide K(CI\l

Potassium silver cyanide

Prornecarb

Propanal, 2-methyl-2- (methylthio)-, 0-

[(methylamino)carbonyl]oxime

Propanal,2-methyl-2-(methyl-sulfonyl).,

O-[(methylamino)carbonyl] oxime

Propanenitrile

Propanenitrile, 3-chloroPropanenitrile,2-hydroxy-2-methyl1,2,3-Propanetriol, trinitrate (R)

2-Propanone, l-bromoPropargyl alcohol

2-Propenal

2-Propen-l-ol

1,2-Propylenimine

2-Propyn-I-ol

4-Pyridinamine

Pyridine, 3-(l-methyl- 2-pyrrolidinyl)-, (S)-, & salts

01-15-2002
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

P204

Pl!4

P103

PI04

P104

P105

P106

PI06

P108

P018

PI08

PH5

PI09

PHO

PHI

PI12

P062

PI13

PI13

PH4

PH5

P109

P045

P049

P014

PH6

P026

pon

P093

P185

P123

PH8

P119

P120

PI20

P084

POOl

PI21

P121

n05

P122

P205

Chemical

abstracts No.

57-47-6

12039-52-0

630-10-4

506-64-9

506-64-9

26628-22-8

143-33-9

143-33-9

157-24-9

357-57-3

157-24~9

7446-18-6

3689-24-5

78-00-2

107-49-3

509-14-8

757-58-4

1314-32-5

1314-32-5

12039-52-0

7446-18-6

3689-24-5

39196-18-4

541-53-7

108-98-5

79-19-6

5344-82-1

86-88-4

103-85-5

26419-73-8

8001-35-2

75-70-7

7803-55-6

1314-62-1

1314-62-1

4549-40-0

181-81-2

557-21-1

557-21-1

137-30-4

1314-84-7

137-30-4

Substance

Pyrrolo[2,3-b]indol-S-ol, 1,2,3,3a,8,8a-hexabydro-l ,3a,

8-trimethyl-, methy1carbamate (ester), (3aS-cis)-

Sclcnious acid, dithallium(l +} salt

Selenourea

Silver cyanide

Silver cyanide Ag(CN)

Sodium azide

Sodium cyanide

Sodium cyanide Na(CN)

Strychnidin-lO-one, & salts

Strychnidin-lO-one,2,3-dimethoxyStrychnine, & salts

Sulfuric acid, dithallium(1 +) salt

Tetraethyldithio pyrophosphate

Tetraethyllead

Tetraethyl pyrophosphate

Tetranitromethane (R)

Tctraphosphoric acid, hexaethyl ester

Thallk oxide

Thallium oxide TI20 3

Thallium(l) selenite

Thallium(I) sulfate

Thiodiphosphoric acid, tetraethyl ester

Thiofanox

Thioirnidodicarbonic diamide [(H2N)C(S)] 2NH

Thiophenol

Thiosemicarbazide

Thiourea, (2-chlorophenyl)-

'Thiourea,l-naphthalenylThiourea, phenyl~

Tirpate

Toxaphene

Trichloromethanethiol

Vanadic acid, ammonium salt

Vanadium oxide V205

Vanadium pentoxide

Vinylamine, N~methyl-N-nitrosoWarfarin, & salts, when present at concentrations greater than

0.3 percent

Zinc cyanide

Zinc cyanide Zn(CNh

Zinc, bis(dimethylcarbamodithioato-S,S')-

Zinc phosphide Zn3Pb when present at concentrations greater

than 10 percent (R,T)

Ziram

leAS number given for parent compound only.

(6) The commercial chemical products, manufacturing chemical intermediates, or offspecification commercial chemical products referred to in paragraphs (1) through (4) ofthis

01-15-2002 6089 Conservation
§ 371.4 TITLE 6 ENVIROt\"MENTAL CONSERVATION

subdivision, are identified as toxic waste (T) unless otherwise designated and are subject to the

small quantity generator exclusion defined in section 371.1 CDC 1) and (7) ofthis Part. (Note: For

the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T [Toxicity], R [Reactivity], I [Ignitability] and C

[Corrosivity]. Absence of a letter indicates that the compound is only listed for toxicity. These

wastes and their corresponding EPA hazardous waste numbers are:

EPA

hazardous

waste No.

U394

Uool

U034

U187

U005

U240

U112

U144

U214

See F027

U002

U003

U004

U005

UOO6

U007

U008

U009

U011

U012

U136

U014

U015

UOI0

U280

U278

U364

U271

U157

U016

U017

U192

U0l8

U094

U012

U0l4

U049

V093

U328

U353

U158

U222

6090 Conservation

Chemical

abstracts No.

30558-43-1

75-07-0

75-87-6

62-44-2

53-96-3

194-75-7

141-78-6

301-04-2

563-68-8

93-76-5

67-64-1

75-05-8

98-86-2

53-96-3

75-36-5

79-06-1

79-10-7

107-13-1

61-82-5

62-53-3

75-60-5

492-80-8

115-02-6

50-07-7

101-27-9

22781-23-3

22961-82-6

17804-35-2

56-49-5

225-51-4

98-87-3

23950-58-5

56-55-3

57-97-6

62-53-3

492-80-8

3165-93-3

60-11-7

95-53-4

106-49-0

101-14-4

636-21-5

Substance

A2213

Acetaldehyde (I)

Acetaldehyde, trichloroAcetamide, N-(4-ethoxyphenyl)-

Acetamide, N-9H~tluoren~2-ylAcetic acid, (2,4-dichlorophenox.y)-, salts & esters

Acetic acid ethyl ester (I)

Acetic acid, lead(2+) salt

Acetic acid, thalHum(I+) salt

Acetic acid, (2,4,5-trichlorophenoxy)-

Acetone (I)

Acetonitrile (I,T)

Acetophenone

2-Acetylaminofluorene

Acetyl chloride (C,R,T)

Acrylamide

Acrylic acid (I)

Acrylonitrile

Amitrole

Aniline (I,T)

Arsinic acid, dimethylAuramine

Azaserine

Azirino [2',3': 3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino8-[[(aminocarbonyl) oxy] methyl] -1,la,2,8a,8b-hexahydro8a~ methoxy~5-methyl~,[laS- (laalpha, 8beta,

8aalpha,8balpha)]-

Barban

Bemdocarb

Bendiocarb phenol

Benomyl

Benz [j] aceanthrylene, 1,2-dihydro-3-methyl~

Benz[cJacridine

Benzal chloride

Benzamide, 3, 5-diehloro-N- (l,1~dimethyl~2-propynyl)­

Benz[a]anthracene

Benz[a]anthracene,7,12-dimethylBenzenamine (l,T)

Benzenamine, 4,4' -carbonimidoylbis[N,N-dimethylBenzenamine, 4-chloro-2-methyl-, hydrochloride

Benzenamine, N,N-dimethyl-4- (phenylazo)~

Benzenamine, 2-methyl~

Benzenamine,4-methylBenzenamine, 4,4' ~methylenebis [2-chloroBenzenamine, 2~methyl-, hydrochloride

01-15-2002
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

UISI

UOl9

U03S

U030

U035

U037

U221

U028

U069

U088

UIOl

UI07

U070

U071

U072

U060

U017

U223

U239

U201

UI27

U056

U220

UI05

UI06

U055

U169

UI83

UI85

U020

U020

U207

U061

U247

U023

U234

U021

U202

U203

UI41

U090

U278

U364

U367

U064

U248

U022

U197

U023

Chemical

abstracts No,

99-55-8

71-43-2

510-15-6

101-55-3

305-03-3

108-90-7

25376-45-8

117-81-7

84-74-2

84-66-2

131-1I-3

II7-84-0

95-50-1

541-73-1

106-46-7

72-54-8

98-87-3

26471-62-5

1330-20-7

108-46-3

II8-74-1

1I0-82-7

108-88-3

121-14-2

606-20-2

98-82-8

98-95-3

608-93-5

82-68-8

98-09-9

98-09-9

95-94-3

50-29-3

72-43-5

98-07-7

99-35-4

92-87-5

81-07-2

94-59-7

120-58-1

94-58-6

22781-23-3

22961-82-6

1563-38-8

189-55-9

181-81-2

50-32-8

106-51-4

98-07-7

Substance

Benzenarnine,2-methyl-5-nitroBenzene (I,T)

Benzeneacetic acid, 4-chloro~alpha-(4-chlorophenyl)-alphahydroxy-, ethyl ester

Benzene, I-bromo-4--phenoxy

Benzeneburnnoic acid, 4-{bis (2- chloroethyl) amino] -

Benzene, chloroBenzenediamine, ar-methyl1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester

1,2-Benzenedicarboxylic acid dibutyl ester

1,2-Benzenedicarboxylic acid, diethyl ester

1,2-Benzenedicarboxylic acid, dimethyl ester

1,2-Benzenedicarboxylic acid, dioctyl ester

Benzene, 1,2-dichloroBenzene, 1,3-dichloroBenzene, 1,4-dichloroBenzene, 1,1'-(2,2-dichloroethylidene) bis[4-chloroBenzene, (dichloromethyl)-

Benzene, 1, 3-diisocyanatomethyl~ (R, T)

Benzene, dimethyI-(I)

1,3-Benzenediol

Benzene, hexachloroBenzene, hexahydro- (I)

Benzene, methylBenzene,I-methyl-2,4-dinitro+

Benzene,2-methyl-l,3-dinitroBenzene, (l-methylethyl)- (I)

Benzene, nitroBenzene, pentachloroBenzene, pentachloronitroBenzenesulfonic acid chloride (C,R)

Benzenesulfonyl chloride (C,R)

Benzene, 1,2,4,5-tetrachloroBenzene, I,1'-(2,2,2-trichloroethylidene) bis[4-chloroBenzene, 1,1,-(2,2,2-trichloroethylidene) bis[4- methoxyBenzene, (trichloromethyl)-

Benzene, 1,3,5-trinitroBenzidine

l,2-Benzisothiazol- 3(2H)-one, 1,I-dioxide, & salts

1, 3-Benzodioxole, 5-(2-propenyl)-

1, 3-Benzodioxole, 5-(1-propenyl)-

I,3-Benzodioxole,5-propyI1,3-BenzodioxoI-4-ol, 2,2-dimethyl-, methyl carbamate

I,3-Benzodioxol-4-ol,2-2-dimethyl7-Benzofuranol,2,3-dihydro-2,2-dimethylBenzo[rst]pentaphene

2H-I-Benzopyran-2-one, 4-hydroxy-3- (3-oxo-l- phenylbutyl)-, & salts, when present at concentrations of 0.3

percent or less

Benzo[a]pyrene

p-Benzoquinone

Benzotrichloride (C,R,T)

01-15-2002 6091 Conservation
U031 71-36-3

U136 75-60-5

U032 13765-19-0

U238 51-79-6

U372 10605-21-7

U271 17804-35-2

U280 101-27-9

U409 23564-05-8

U373 122-42-9

U178 615-53-2

U097 79-44-7

U114 111-54-6

U062 2303-16-4

U389 2303-17-5

U387 52888-80-9

U279 63-25-2

U372 10605-21-7

U367 1563-38-8

U215 6533-73-9

U033 353-50-4

U156 79-22-1

U033 353-50-4

U211 56-23-5

U034 75-87-6

U035 305-03-3

U036 57-74-9

U026 494-03-1

U037 108-90-7

U038 510-15-6

6092 Conservation

§ 371.4

EPA

hazardous

waste No_

U085

U021

U073

U091

U095

U225

U030

U128

U172

U031

U159

U160

U053

U074

U143

Chemical

abstracts No.

1464-53-5

92-87-5

91-94-1

119-90-4

119-93-7

75-25-2

101-55-3

87-68-3

924-16-3

71-36-3

78-93-3

1338-23-4

4170-30-3

764-41-0

303-34-4

TITLE6 ENVIRONMENTALCON5ERVATION

Substance

2,2'-Bioxirane

[l,l'-Biphenyl] -4,4'-diamine

[1,1 '-Biphenyl]-4,4'·diamine, 3,3'-dichloro-

[1,1 '-Biphenyl]-4,4'-diarrrine, 3,3'-dimethoxy-

[1,1 '-Biphenyl]-4,4'-diamine, 3,3'-dimethylBromoform

4-Bromophenyl phenyl ether

1. 3-Butadiene, 1,1,2,3,4,4-hexachloroI-Butanamine, N-butyl-N-oitrosoI-Butanol (I)

2-ButaIlone (l,T)

2-Butanone, peroxide (R,T)

2-Butenal

2-Butene, 1,4-dichloro- (l,T)

2-Butenoic acid, 2-methyl-

,7-[[2,3-dihydroxy-2-(1-methoxyethyl) -

3-methyl-J-oxobutoxy] methyl] - 2,3,5,7a-tetrahydro-lHpyrrolizin-l-yl ester, [15- [lalpha(Z),

7(25',3R'),7aaIphalJn-Butyl alcohol (I)

Cacodylic acid

Calcium chromate

Carbamic acid, ethyl ester

Carbamic acid, IH-benzimitlazol-2-yl,methyl ester

Carbamic acid, [l-[(butylamino)carbonyl]-IHbenzimidazol-2-yll-,methyl ester

Carbamic acid, (3-chlorophenyl)-,4-chloro-2-butynyl ester

Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-,

dimethyl ester

Carbamic acid, phenyl-, I-methylethyl ester

Carbamic acid, methylnitroso-, ethyl ester

Carbamic chloride, dimethylCarbamodithioic acid, 1,2-ethanediylbis-, salts & esters

Carbamothioic acid. bis(1-methylethyl)-, 8-(2,3-

dichloro-2-propenyl) ester

Carbamothioic acid, bis(1-methylethyl-"

5(2,3.3-trichloro-2-propenyl) ester

Carbamothioic acid, dipropyl-. S- (phenylmethyl) ester

Carbaryl

Carbendazim

Carbofuran phenol

Carbonic acid, dithallium(l+) salt

Carbonic difluoride

Carbonochloridic acid, methyl ester (I,T)

Carbon oxyfluoride (R,T)

Carbon tetrachloride

Chloral

Chlorambucil

Chlordane, alpha & gamma isomers

Chlornaphazin

Chlorobenzene

Chlorobenzilate

01-15-2002
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

U039

U042

U044

U046

U047

U048

U049

U032

U050

U051

U052

U053

U055

U246

UI97

U056

U129

U057

U130

U058

U240

U059

U060

U061

U062

U063

U064

U066

Chemical

abstracts No.

59-50-7

110-75-8

67-66-3

107-30-2

91-58-7

95-57-8

3165-93-3

13765-19-0

218-01-9

1319-77-3

4170-30-3

98-82-8

506-68-3

106-51-4

110-82-7

58-89-9

108-94-1

77-47-4

50-18-0

194-75-7

20830-81-3

72-54-8

50-29-3

2303-16-4

53-70-3

189-55-9

96-12-8

Substance

p-Chloro-rn-cresol

2-Chloroethyl vinyl ether

Chloroform

Chloromethyl methyl ether

beta-Chloronaphthalene

a-Chlorophenol

4-Chloro-o-toluidine, hydrochloride

Chromic acid H2Cr04, calcium salt

Chrysene

Creosote

Cresol (CresyEe acid)

Crotonaldehyde

Cumene (1)

Cyanogen bromide (CN)Br

2, 5-Cyc1ohexadiene- 1 A-dione

Cyclohexane (I)

Cyc1ohexane, 1,2,3A,5,6-hexachloro-, (la1pha, 2alpha, 3beta,

4alpha, 5alpha, 6beta) -

Cyclohexanone (I)

1, 3-Cyclopentadiene, 1,2,3,4,5,5-hexachloroCyclophosphamide

l,4-D, salts & esters

Daunomycin

DDD

DDT

Diallate

Dibenz[a,h]anthracene

Dibenzo[a,i]pyrene

1,2-Dibromo- 3-chloropropane

OH5-2002 6092.1 Conservation
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardolls

waste No.

U069

V070

U071

uon

U073

U074

D075

U078

U079

U025

U027

U024

U081

U082

U084

V085

U395

U108

U028

U086

U087

U088

U089

U090

U091

U092

U093

U094

U095

U096

U097

U098

U099

VIOl

VI02

]]103

]]105

UJ06

VI07

]]108

U109

UJlO

Ull1

U041

UOOl

U174

]]404

]]394

U410

Chemical

abstracts No.

84-74-2

95-50-1

541-73-1

106-46-7

91-94-1

764-41-0

75-71-8

75-35-4

156-60-5

111-44-4

108-60-1

JI 1-91-1

120-83-2

87-65-0

542-75-6

1464-53-5

5952-26-1

123-91-1

117-81-7

1615-80-1

3288-58-2

84-66-2

56-53-I

94-58-6

Jl9-90-4

124-40-3

60-11-7

57-97-6

Jl9-93-7

80-15-9

79-44-7

57-14-7

540-73-8

105-67-9

J3J-II-3

77-78-1

121-14-2

606-20-2

117-84-0

123-91-1

122-66-7

142-84-7

621-64-7

106-89-8

75-07-0

55-18-5

121-44-8

30558-43-1

59669-26-0

Substance

Dibutyl phthalate

a-Dichlorobenzene

m-Dichlorobenzene

p-Dichlorobenzene

3,3'-Dichlorohenzidine

1,4-Dichlofo-2-butene (I,T)

Dichlorodifluoromethanc

1,1-Dichloroethylene

1,2-Dichlorocthylene

Dichloroethyl ether

Dichloroisopropyl ether

Dichloromethoxyethane

2,4-Dichlorophenol

2.6-Dichlorophcnol

1,3·Dichloropropenc

1,2:3,4-Diepoxybutane (I, T)

Diethylene glycol, dicarbamate

1A-Diethylcneoxide

DiethylhexyJ phthalate

N,N'-Diethylhydrazine

O,O-Diethyl S-methyl dithiophosphatc

Diethyl phthalate

Diethylstilbesterol

Dihydrosafrole

3,3'-Dimethoxybenzidine

Dimcthylamine (I)

p-Dimethylaminoazobenzene

7,12-Dimethylbcnz[a]anthracene

3,3'-Dimcthylbenzidine

alpha,alpha-Dimethylbenzylhydroperoxide (R)

Dimethylcarbamoyl chloride

1,1-Dimcthylhydrazine

l,2-Dimethylhydrazine

2,4-Dimethylphenol

Dimethyl phthalate

Dimethyl sulfate

2,4-Dinitrotoluene

2,6-Dinitrotoluene

Di-n-octyl phthalate

lA-Dioxane

1,2-Diphenylhydrazine

Dipropylamine (0

Di-n-propylnitrosamine

Epichlorohydrin

Ethanal (I)

Ethanamine, N-ethyl-N-nitrosoEthanamine, N,N-diethylEthanimidothioie acid, 2-(dimethylamino)-N-hydroxy-2-oxo-

,methyl ester

Ethanimidothioic acid, N,N'·

[thiobis[(methylimino)carbonyloxy]Jbis-,dimethyl ester

10-31-98 6093 Conservation
§ 371.4

EPA

hazardous

wa~te No.

UI55

U067

U076

U077

U131

U024

U117

U025

U184

U208

U209

U218

U226

U227

U359

U173

U395

U004

U043

U042

U078

U079

UZIO

UZ28

U112·

UI13

UZ38

UI17

U114

U067

U077

U359

U115

U116

U076

U118

U119

U120

V122

V123

U124

U125

UI47

U213

V125

UI24

U206

UZ06

U126

UI63

6094 Conservation

Chemical

abstracts No.

9HO-5

106-93-4

75-34-3

107-06-2

67-72-1

111-91-1

60-29-7

111-44-4

76-01-7

630-20-6

79-34-5

62-55-5

71-55-6

79-00-5

110-80-5

1116-54-7

5952-26-1

98-86-2

75-01-4

110-75-8

75-35-4

156-60-5

127-18-4

79-01-6

141-78-6

140-88-5

51-79-6

60-29-7

lJ 11-54-6

106-93-4

107-06-2

llO-80-S

75-21-8

96-45-7

75-34-3

97-63-2

62-50-0

206-44-0

50-00-0

64-18-6

11 0-00-9

98-01-1

108-31-6

109-99-9

98-01-1

110-00-9

18883-66-4

18883-66-4

765-34-4

70-25-7

TITLE 6 ENVIRONMENTAL CONSERVATION

Substance

l,2-Ethanediamine, N,N-dimethyl-N' -2-pyridinyl- N'-

(2-thienylmethyl) -

Ethane, 1,2-dibromoEthane,l,l-dichloroEthane,1,2-dichloroEthane, hexachloroEthane, 1,1' - [methylencbis(oxy)]bis{2-chloroEthane, 1,1 '-oxybis-(1)

Ethane, 1,1 '-oxybis[2-chloroEthane, pcmachloroEthane, 1,1,1,2- tetrachloroEthane, 1,1,2,2- tctrachloroEthancthioamide

Ethane, l,I,I-trichloroEthane,1,1,2-trichloroEthanol, 2-ethoxyEthanol, 2,2'- (nitrosoimino)bisEthanol, 2,2'-oxybis-, dicarbarnate

Ethanone,l-phenylEthene, chloroEthene, (2-chloroethoxy)-

Ethene, 1,I-dichloroEthcne, 1,2-dichloro-, (E)-

Ethene, tetrachloroEthene, trichloroEthyl acetate (I)

Ethyl acrylate (1)

Ethyl carbamate (urethane)

Ethyl ether (I)

Ethylenebisdithiocarbamic acid, salts & esters

Ethylene dibromide

Ethylene dichloride

Ethylene glycol monoethyl ether

Ethylene oxide (I,T)

Ethylenethiourea

Ethylidene dichloride

Ethyl methacrylate

Ethyl methanesulfonate

Fluoranthene

Formaldehyde

Fonnic acid (C,T)

Furan (l)

2-Furancarboxaldehyde (I)

2,5-Furandione

Furan, tetrahydro-(I)

Furfural (I)

Furfuran (1)

Glucopyranose, 2-deoxy-2- (3-methyJ-3- nitrosoureido) -, DD-Glucose,2-deoxy-2-[[(methylnitrosoarnino)-

carbonyl)amino] -

Glycidylaldehyde

Guanidine, N-methyl- N'-nitro-N-nitroso10-31-98
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

U127

Ul28

U130

Ul31

U132

U243

U133

U086

U098

U099

Ul09

U134

U134

U135

U135

U096

U116

vl3?

U190

U140

U141

U142

Ul43

U144

U146

U145

U146

U129

U163

U147

U148

U149

U150

VIS1

VIS2

uon

U029

U045

U046

U068

U080

U075

U138

UU9

U211

UIS3

U225

U044

VIlI

U036

UlS4

Chemical

abs1racts No.

118-74-1

87-68-3

77-47~4

67-72-1

70-30-4

1888-71-7

302-01-2

1615-80-1

57-14-7

540-73-8

122-66-7

7664-39-3

7664-39-3

7783-06-4

7783-06-4

80-15-9

96-45-7

193-39-5

85-44-9

78-83-1

120-58-1

143-50-0

303-34-4

301-04-2

1335-32-6

7446-27-7

1335-32-6

58-89-9

70-25-7

108-31-6

123-33-1

109-77-3

148-82-3

7439-97-6

126-98-7

124-40-3

74-83-9

74-87-3

107-30-2

74-95-3

75-09-2

75-71-8

74-88-4

62-50-0

56-23-5

74-93-1

75-25-2

67-66-3

75-69-4

57-74-9

Substance

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexachloroethane

Hexachlorophene

Hexachloropropenc

Hydrazine (R,T)

Hydrazine, 1,2-diethylHydrazine,l,l-dimethylHydrazine.l,2-dimcthylHydrazine, L2-diphenylHydrofluoric acid (C,T)

Hydrogen fluoride (C,T)

Hydrogen sulfide

Hydrogen sulfide H2S

Hydroperoxide, I-methyl-l-phenylethyl- (R)

2-lmidazolidinethione

lndeno [1,2, 3-cd] pyrenc

1,3-lsobenzofurandione

Isobutyl alcohol (l,T)

Isosafrole

Kepanc

Lasiocarpine

Lead acetate

Lead, bis(acetato-O)tetrahydroxytriLead phosphate

Lead subacetate

Lindane

MNNG

Maleic anhydride

Maleic hydrazide

Malononitrile

Melphalan

Mercury

MethacryIonitriIc (l,T)

Methanamine, N-methyl- (I)

Methane, brornoMethane, chioro- (I,T)

Methane, chloromethoxyMethane, dibromoMethane, dichioroMethane, dichlorodifluoroMethane, iodoMethanesulfonic acid, ethyl ester

Methane, tetrachloroMethanethiol (I,T)

Methane, tribrornoMethane, trichloroMethane, trichlorofluoro4, 7-Methano-lH-indene, l,2,4,5,6,7,8,8-octachloro2,3,3a,4,7,7a-hexahydroMethanol (1)

10-31-98 6095 Conservation
§ 371.4

EPA

hazardous

waste No.

U155

U142

U247

UlS4

U029

U186

U045

U156

U226

U157

U158

U068

U080

Ul59

U160

U138

U161

Ul62

U161

Ul64

U059

U167

U168

U026

U165

U047

Ul66

U236

U279

U166

U167

U168

U217

U169

U170

U171

DIn

UI73

U174

U176

Uln

Ul78

U179

U180

U181

U193

6096 Conservation

Chemical

abstracts No.

91-80-5

143-50-0

72-43-5

67-56-1

74-83-9

504-60-9

74-87-3

79-22-1

71-55-6

56-49-5

101-14-4

74-95-3

75-09-2

78-93-3

1338-23-4

74-88-4

108-10-1

80-62-6

108-10-1

56-04-2

20830-81-3

134-32-7

91-59-8

494-03-1

91-20-3

91-58-7

130-15-4

72-57-1

63-25-2

130-15-4

134-32-7

91-59-8

10102-45-1

98-95-3

100-02-7

79-46-9

924-16-3

116-54-7

55-18-5

759-73-9

684-93-5

615-53-2

100-75-4

930-55-2

99-55-8

1120-71-4

TITLE 6 ENVIRONMENTAL CONSERVATION

Substance

Methapyrilenc

1,3,4-Metheno-2H-cyclobuta{cd]pentalen-2-one,

1,1a,3,3a,4,5, 5,5a,5b,6-dccachlorooctahydroMethoxychlor

Methyl alcohol (I)

Methyl bromide

I-Methylbutadiene (1)

Methyl chloride (l,T)

Methyl chlorocarbonate (I,T)

Methyl chloroform

3-Methy1cholanthrene

4,4'-Mcthylenebis (2-chloroaniline)

Methylene bromide

Methylene chloride

Methyl ethyl ketone (MEK) (l,T)

Methyl ethyl ketone peroxide (R,T)

Methyl iodide

Methyl isobutyl ketone (I)

Methyl methacrylate (l,T)

4-Methyl-2-pentanone (1)

Mitomycin C

5,12-Naphthacencdione,8-acetyl-lO-

[(3-amino-2,3,6-trideoxy) -alpha-L-lyxohexopyranosyl)oxy]-7,8,9,1O-tctrahydro-6,8,

Il-trihydroxy-l-methoxy-, (8S-cis)·

I-Naphthalenamine

2-Naphthalenamine

Naphthalenamine, N,N'-bis(2-chloroethyl)-

Naphthalene

Naphthalene,2-chloro1A-Naphthalenedione

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[l,l'-

biphenyl]-4,4'-diyl) bis(azo)bis [5-amino-4-hydroxy]-,

tetrasodium salt

I-Naphthalenol, methylcarbamatc

1A-Naphthoquinone

alpha-Naphthylamine

beta-Naphthylamine

Nitric acid, thallium(1 +) salt

Nitrobenzene (l,T)

p-Nitrophenol

2-Nitropropane (l,T)

N-Nitrosodi-n-butylaminc

N-NitrosodiethanoJaminc

N-Nitrosodiethylamine

N-Nitroso-N-ethylurea

N-Nitroso-N-methylurea

N-Nitroso-N-methylurethane

N-Nitrosopipcridine

N-Nitrosopyrrolidine

5-Nitro-o-toluidine

1,2-0xathiolane,2,2-dioxide

10-31-98
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No,

U058

U1l5

UI26

U041

UI82

UI83

UI84

UI85

See F027

UI61

UI86

DI8?

DI88

U048

U039

U081

U082

U089

UIOI

U052

U132

U411

U170

See FOl?

See FOl?

See FOl7

See FOl7

UI50

UI45

U087

UI89

UI90

UI91

U179

U192

UI94

U111

U110

U066

U083

UI49

UI7I

U027

UI93

See FOl?

U235

U140

U002

U007

U084

U243

Chemical

abstracts No.

75-21-8

765-34-4

106-89-8

123-63-7

608-93-5

76-01-7

82-68-8

87-86-5

108-10-1

504-60-9

62-44-2

108-95-2

95-57-8

59-50-7

120-83-2

87-65-0

56-53-1

105-67-9

1319-77-3

70-30-4

114-26-1

100-02-7

87-86-5

58-90-2

95-95-4

88-06-2

148-82-3

7446-27-7

3288-58-2

1314-80-3

85-44-9

109-06-8

100-75-4

23950-58-5

107-10-8

621-64-7

142-84-7

96-12-8

78-87-5

109-77-3

79-46-9

108-60-1

1120-71-4

93-72-1

126-72-7

78-83-1

67-64-1

79-06-1

542-75-6

1888-71-7

Substance

2H-1,3,2-0xazaphosphorin- 2-amine, N,N-bis (2-chloroethyl)

tetrahydro-,2-oxidc

Oxirane (I,T)

Oxiranecarboxyaldehyde

Oxirane, (chloromethyl)-

Paraldehyde

Pentachlorobenzene

Pentachloroethane

Pentachloronitrobcnzene (peNH)

Pentachlorophenol

Pentanol, 4-methyl- (I)

1,3-Pentadiene (I)

Phenacetin

Phenol

Phenol,2-chloroPhenol,4-chloro-3-methylPhenol, 2,4-dichloroPhenol, 2,6-dichloTOPhenol, 4,4'- (l,2-diethyl-I,2-ethenediyl)bis-, (E)-

Phenol,2,4-dimethylPhenol, methyl~

Phenol, 2,2t~methylenebis [3,4,6-trichloro~

Phenol, 2-(I-rnethylelhoxy)~, methylcarbamate

Phenol,4-nitroPhenol, pentachloroPhenol, 2,3,4,6 -telrachloro~

Phenol,2,4,5-trich1oroPhenol, 2,4,6-trichloroL-Phenylalanine, 4-[bis(2~chloroethyl)amino]-

Phosphoric acid, lead(2+) salt (2:3)

Phosphorodithioic acid, O,O-diethyl S-rnethylester

Phosphorus sulfide (R)

Phthalic anhydride

2-Picoline

Piperidine, l-nitrosoPronamide

l-Propanamine (1,T)

I-Propanamine, N-nilroso-N-propyll-Propanantine, N-propyl· (I)

Propane, 1.2-dibromo- 3-chloroPropane,1,2-dichloroPropanedinitrilc

Propane, 2-nitro- (I,T)

Propane,2,2'-oxybis[2-chloroI,3-Propane sultone

Propanoic acid, 2- (2,4,5-trichlorophenoxy)-

I-Propanol, 2,3-dibrorno-, phosphate (3:1)

l-Propanol, 2-methyl- (I,T)

2-Propanone (I)

2-Propenamide

I-Propene,l,3-dichloroI-Propene, 1,1,2,3,3,3 -hexachloro10-31-98 6097 Conservation
§ 371.4

EPA

hazardous

waste No.

UOO9

U152

D008

Ul13

U118

U162

U373

U411

U194

U083

U387

U148

U196

U191

U237

U164

U180

UZOO

U201

U202

UZ03

U204

U204

UZ05

U205

U015

See FOZ?

UZ06

Ul03

U189

See FOl?

U207

UZOS

U209

UZl0

See F027

U213

U214

U215

U216

U216

U217

U218

U410

V153

U244

U409

U219

U244

UZ20

U221

UZ23

6098 Conservation

Chemical

abstracts No.

107-13-1

126-98-7

79-10-7

140-88-5

97-63-2

80-62-6

122-42-9

114-26-1

107-10-8

78-87-5

52888-80-9

123-33-1

110-86-1

109-06-8

66-75-1

56-04-2

930-55-2

50-55-5

108-46-3

181~07-2

94-59-7

7783-00-8

7783-00-8

7488-56-4

7488-56-4

115-02-6

93-72-1

18883-66-4

77-78-1

1314-80-3

93-76-5

95-94-3

630-20-6

79-34-5

127-18-4

58-90-2

109-99-9

563-68-8

6533-73-9

7791-12-0

7791-12-0

10102-45-1

62-55~5

59669-26-0

74-93-1

137-26-8

23564-05-8

62-56-6

137-26-8

108-88-3

25376-45-8

26471-62-5

TITLE 6 ENVIRONMENTAL CONSERVATION

Substance

2-Propenenitri1e

2-Propenenitrile, 2-methyl- (I,n

2-Propenoic acid (1)

2-Propenoic acid, ethyl ester 0)

2-Propenoic acid, 2-methyl-, ethyl ester

2-Propenoic acid, 2·methyl-, methyl ester (I,T)

Propham

Propoxur

n-Propylamine (I,T)

Propylene dichloride

Prosulfocarb

3,6-Pyridazinedione, t,l-dihydroPyridine

Pyridine, 2-methyl2,4-(lH, 3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]-

4(lH)-Pyrimidinone,2,3-dihydro-6-rnethyl-2-thioxoPyrrolidine, I-nitrosoReserpine

Resorcinol

Saccharin, & salts

Safrole

Selenious acid

Selenium dioxide

Selenium sulfide

Selenium sulfide SeS2 (R,T)

L-Serine, diazoacetate (ester)

Silvex (2,4,5-TP)

StreptozolOcin

Sulfuric acid, dimethyl ester

Sulfur phosphide (R)

2,4.5-T

1,2,4,5- Tetrachlorobenzene

1,1,1,2- Tetrachloroethane

1,1,2,2- Tetrachloroethane

Tetrachloroethylene

2,3,4,6- Tetrachlorophenol

Tetrahydrofuran (I)

Thallium(I) acetate

Thallium (l) carbonate

Thallium(I) chloride

Thallium chloride TICI

Thallium (I) nitrate

Thioacetamide

Thiodicarb

Thiomethanol (l,T)

Thioperoxydicarbonic diantide [(H2l\T)C(S)] 2S2, tetramethy1-

Thiophanate-methyl

Thiourea

Thiram

Toluene

Toluenediamine

Toluene diisocyanate (R,T)
CHAPTER IV QUALITY SERVICES § 371.4

EPA

hazardous

waste No.

U328

U353

U222

U389

UOII

U227

U228

U121

SeeF027

SeeF027

U404

U234

U182

U235

U236

U237

U176

U177

U043

U248

U239

U200

U249

Chemical

abstracts No.

95-53-4

106-49-0

636-21-S

2303-17-5

61-82-5

79-00-5

79-01-6

75-69-4

95-95-4

88-06-2

121-44-8

99-35-4

123-63-7

126-72-7

72-S7-1

66-7S-1

759-73-9

684-93-5

75-01-4

181-81-2

1330-20-7

50-55-5

1314-84-7

Substance

0-Toluidine

p-Toluidine

0-Toluidine hydrochloride

Triallate

IH-I,2,4-Triazol-3-arnine

1,1,2-Trichloroethane

Trlchloroethylene

Trichloromonofluorornethane

2,4,5-Trichlorophenol

2,4,6-Trichlorophenol

Triethylamine

1,3,5-Tlinitrobenzene (R,T)

l,3,S-Trioxane, 2,4,6-trimethylTris(2,3-dibromopropyl) phosphate

Trypan blue

Uracil mustard

Urea, N-ethyl-N-nitrosoUrea, N-methy1-N-nitrosoVinyl chloride

Warfarin, & salts, when present at concentrations of 0.3

percent orless

Xylene (1)

Yohimban-16- carboxylic acid, 11,17-dimethoxy-18-[(3,4,

S-trimethoxybenzoyl)oxy]-, methyl ester, (3beta, 16beta,

17a1pha, 18beta, 20alpha)-

Zinc phosphide Zn3P2, when present at concentrations of 10

percent or less

ICAS number given for parent compound only.

50 parts per million (ppm) by weight (on a dry weight basis for other than liquid w s or

greater of polychlorinated biphenyls (PCBs) are listed hazardous wastes, ex 109 small

capacitors as defined in paragraph (3) of this subdivision and PCB article ained in accordance with subparagraphs (2)(ii) and (iii) ofthis subdivision. PCB artie at contain less than

50 ppm PCBs are notregulated as hazardous waste. Oils in or fro ectrical equipment whose

PCB concentration is unknown, except circuit breakers, rec rs and cable, must be assumed

to contain between 50 and 500 ppm PCB and are listed ardous waste. PCB and PCBs mean

any chemical substance that is limited to the bi yl molecule that has been chlorinated to

varying degrees. Any chemical waste, co . ation of waste, or environmental media that

contains less than 50 ppm PCBs are r hazardous waste only as specifically provided in

paragraph (2) of this subdivision astes that may contain PCBs include dielectric fluids,

contaminated solvents, was 11, heat transfer fluids, hydraulic fluids, dredge spoils, and

material contaminated result of spills. The hazardous code for these PCB wastes shall be

toxic waste (T). E 'ronmental media means naturally occurring, non-living substances, inclUding soil, ment, rock, groundwater, surface water, surface runoff, air, and only such

animal vegetable matters as may be incidentally contained therein (e.g., soil and water

bac a, underground roots, skeletal remains, etc.). These wastes shall have hazardous waste

11-IS-99 6099 Conservation
CHAPTER IV QUALITY SERVICES § 371.4

,

be considered to contain more than 1.36 kg (3 lb.) of dielectric fluid. or whose

volume is between 1,639 and 3,278 cubic centimeters rna ered to contain less than

1.36 (3 lb.) of dielectric fluid if the total wei e capacitor is less than 4.08 kg (9 lb.).

(4) Testing procedures ce<lures in 40 CFR 761.60(g) (see section 370.1 [e] of this

Title) will etermine the concentration of PCBs, unless a petition for equivalent . . . ...

(f) Deletion of certain hazardous waste codes following equipment cleaning and replacement. (1) Wastes from wood preserving processes at plants that do not resume or initiate

use of chlorophenolic preservatives will not meet the listing definition of F032 once the

generator has met all of the requirements of paragraphs (2) and (3) of this subdivision. These

wastes may. however. continue to meet another hazardous waste listing description or may

exhibit one or more ofthe hazardous waste characteristics.

(2) Genemtors must either clean or replace all process equipment that may have come into

contact with chlorophenolic formulations or constituents thereof. including, but not limited to,

treatment cylinders, sumps, tanks, piping systems. drip pads, fork lifts, and trams, in a manner

that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage. or hazardous waste decomposition products to the ground water, surface water,

or atmosphere.

(i) Generators shall do one of the following:

(a) prepare and follow an equipment replacement plan and clean equipment in accordance with this subdivision;

(b) prepare and follo\1:l an equipment replacement plan and replace equipment in

accordance with this subdivision; or

(c) document cleaning and replacement in accordance with this subdivision, carried

out after termination of use of chlorophenolic preservations.

(ii) Cleaning requirements.

(a) Prepare and sign a written equipment cleaning plan that describes:

(1) the equipment to be cleaned;

(2) how the equipment will be cleaned;

(3) the solvent to be used in cleaning;

(4) how solvent rinses will be tested; and

(5) how cleaning residues will be disposed.

(b) Equipment must be cleaned as follows:

(1) remove all visible residues from process equipment; and

(2) rinse process equipment with an appropriate sol vent until dioxins and

dibenzofurans are not detected in the final solvent rinse.

(c) Analytical requirements.

(1) Rinses must be tested in accordance with SW-846. Method 8290.

(2) not detected means at or below the lower method calibration limit (MeL) in

SW-846. Method 8290, Table 1.

(d) The generator must manage all residues from the cleaning process as F032 waste.

(iii) Replacement requirements.

(a) Prepare and sign a written equipment replacement plan that describes:

(1) the equipment to be replaced;

(2) how the equipment will be replaced; and

(3) how the equipment will be disposed.

(b) The generator must manage the discarded equipment as F032 waste.

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§ 371.4 TITLE 6 ENVIR01'.'MENTAL CONSERVAnON

(iv) Documentation requirements.

(a) Document that previous equipment cleaning andlor replacement was performed in

accordance with this subdivision and occurred after cessation of use of chlorophenolic

preservatives.

(3) The generator must maintain the following records documenting the cleaning and

replacement as part of the facility's operating record:

(i) the name and address ofthe facility;

(ii) formulations previously used and the date on which their use ceased in each process

at the plant;

(iii) formulations currently used in each process at the plant;

(iv) the equipment cleaning or replacement plan;

(v) the name and address of any persons who conducted the cleaning and replacement;

(vi) the dates on which cleaning and replacement were accomplished;

(vii) the dates of sampling and testing;

(viii) a description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;

(ix) a description of the tests performed, the date the tests were performed, and the

results of the tests;

(x) the name and model numbers of the instrument(s) used in performing the tests;

(xi) QA/QC documentation; and

(xii) the following statement signed by the generator o~~ authorized representative:

"I certify under penalty of law that all process equipmellt required to be cleaned or

replaced under subdivision (f) of this section was cleaned or replaced as represented in the

equipment cleaning and replacement plan and accompanying documentation. I am aware

that there are significant penalties for providing false information, including the possibility

of fine or imprisonment."

(g) (ll) [RSoMP'l'Mj

(i) Comparable/syngas fuel exclusion. Wastes that meet the following comparablelsyngas

fuel requirements are not solid wastes:

(1) Comparable fuel specifications.

(i) Physical specifications.

(a) Heating value. The heating value must exceed 5,000 BTUllbs. (11,500 JIg).

(b) Viscosity. The viscosity must not exceed: 50 cs, as-fired.

(ii) Constituent specifications. For compounds listed in table 1 of this 'subdivision the

specification levels and, where non·detect is the specification, minimum required detection

limits are: (see table 1 of this subdivision).

(2) Synthesis gas fuel specification. Synthesis gas fuel (i.e., syngas fuel) that is generated

from hazardous waste must:

(i) have a minimum Btu value of 100 BtulScf;

(ii) contain less than 1 ppmv of total halogen;

(iii) contain less than 300 ppmv oftotal nitrogen other than diatomic nitrogen (Nz);

(iv) contain less than 200 ppmv of hydrogen sulfide; and .

(v) contain less than 1 ppmv of each hazardous constituent in the target list of Appendix

23, infra constituents.

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CHAPTER IV QUALITY SERVICES § 371.4

Table 1

Detection and Detection Limit Values for Comparable Fuel Specification

Table 1 to 40 CFR section 261.38, as ofJuly 1, 2002, is incorporated by reference as if fully set

forth herein (see section 370.I[e] of this Title).

(3) Implementation. Waste that meets the comparable or syngas fuel specifications provided by paragraph (1) or (2) of this subdivision (these constituent levels must be received by

the comparable fuel when generated, or as a result of treatment or blending, as provided in

clause [iii][c] or subparagraph [IV] of this paragraph) is excluded from the definition of solid

waste provided that the following requirements are met:

(i) Notices. For purposes of this section. the person claiming and qualifying for the

exclusion is called the comparablelsyngas fuel generator and the person burning the comparablelsyngas fuel is called the comparablelsyngas burner. The person who generates the

comparable fuel or syngas fuel must claim and certify to the exclusion.

(0) State RCRA and CAA directors in other authorized states or USEPA regional

RCRA and CAA directors in unauthorized states. (This is the commissioner, in New York

State.)

(1) The generator must submit a one-time notice to the regional or State RCRA and

CAA directors in whose jurisdiction the exclusion is being claimed and where the

comparable/syngas fuel will be burned, certifying compliance with the conditions of the

~xclusion and providing documentation as required by subclause (3) of this clause.

(2) If the generator is a company that generates comparablelsyngas fuel at more

than one facility, the generator shall specify at which sites the comparable/syngas fuel

will be generated.

(3) A comparable/syngas fuel generator's notification to the directors must contain

the following items:

(i) the name. address. and RCRA ID number of the person/facility claiming the

exclusion;

(ii) the applicable EPA hazardous waste codes for the hazardous waste;

(iii) name and address of the units, meeting the requirements of subparagraph

(ii) of this paragraph, that will bum the comparable/syngas fuel; and

(iv) the following statement is signed and submitted by the person claiming the

exclusion or his authorized representative:

"Under penalty of criminal and civil prosecution for making or submitting false

slatements, representations. or omissions, I certify that the requirements of 6

NYCRR 371.4(i) have been met for all waste identified in this notification.

Copies of the records and information required at 6 NYCRR 371.4(i)(3){x) are

available at the comparable/syngas fuel generator's facility. Based on my

inquiry of the individuals immediately responsible for obtaining the infonna·

tion. the infonnation is. to the best of my knowledge and belief. true. accurate.

and complete. I am aware that there are significant penalties for submitting

false infonnation, including the possibility of fine and imprisonment for knowing violations."

(b) Public notice. Prior to burning an excluded comparablefsyngas fuel. the burner

must publish in a major newspaper of general circulation local to the site where the fuel

will be burned. a notice entitled "Notification of Burning a Comparable/Syngas Fuel

Excluded Under the Resource Conservation and Recovery Act" containing the following

information:

(1) name. address. and facility ID number of the generating facility;

(2) name and address of the unites) that will burn the comparablelsyngas fuel;

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(3) a brief. general description of the manufacturing, treatment, or other process

generating the comparable/syngas fuel;

(4) an estimate of the average and maximum monthly and annual quantity of the

waste claimed to be excluded; and

(5) name and mailing address of the regional or State directors to whom the claim

was submitted.

(ii) Burning. The comparable/syngas fuel exclusion for fuels meeting the requirements

of paragraph (J) or (2) of this subdivision and subparagraph 0) of this paragraph applies only

if the fuel is burned in the following units that also shall be subject to FederalJStateJlocal air

emission requirements, including all applicable CAA MACT requirements:

(a) industrial furnaces as defined in section 370.2 of this Title;

(b) boilers, as defined in section 370.2 of this Title, that are further defined as follows:

(1) industrial boilers located on the site of a facility engaged in a manufacturing

process where substances are transfonned into new products, including the component

parts of products, by mechanical or chemical processes; or

(2) utility boilers used to produce electric power, steam. heated or cooled air, or

other gases or fluids for sale;

(c) hazardous waste incinerators subject to regulation under section 373-2.15 or

373-3.15 of this Title or applicahle CAA MACT standards.

(iii) Blending to meet the viscosity specification. A hazardous waste blended to meet the

viscosity specification shall:

(a) as generated and prior to any blending. manipulation, or processing meet the

constituent and heating value specifications of clause (1 )(i)(a) and subparagraph (I)(ii) of

this subdivision;

(b) be blended at a facility that is subject to the applicable requirements of Subparts

373-2 and 373-3, or section 372.2(a)(8) of this Title; and

(c) not violate the dilution prohibition of subparagraph (vi) of this paragraph.

(iv) Treatment to meet the comparable fuel exclusion specifications.

(a) A hazardous waste may be treated to meet the exclusion specifications ofsubparagraphs (I )(i) and (ij) of this subdivision provided the treatment:

(1) destroys or removes the constituent listed in the specification or raises the

heating value by removing or destroying hazardous constituents or materials~

(2) is performed at a facility that is subject to the applicable requirements of

Suhparts 373-2 and 373-3, or section 372.2(a)(8) of this Title; and

(3) does not violate the dilution prohibition of subparagraph (vi) of this paragraph.

(b) Residuals resulting from the treatment of a hazardous waste listed in this section

to generate a comparable fuel remain a hazardous waste.

(v) Generation of a syngas fuel.

(a) A syngas fuel can be generated from the processing of hazardous wastes to meet

the exclusion specifications of paragraph (2) of this subdivision provided the processing:

(1) destroys or removes the constituent listed in the specification or raises the

heating value by removing or destroying constituents or materials;

(2) is performed at a facility that is subject to the applicable requirements of

Subparts 373~2 and 373-3, or section 372.2(a)(8) of this Title or is an exempt recycling

unit pursuant to section 371.1 (g)(3) of this Part; and

(3) does not violate the dilution prohibition of subparagraph (vi) of this paragraph.

(b) Residuals resulting from the treatment of a hazardous waste listed in this section

to generate a syngas fuel remain a hazardous waste.

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CHAPTER IV QUALITY SERVICES § 371.4

(vi) Dilution prohibition for comparable and syngas fuels. No generator, transporter,

handler, or owner or operator of a treatment, storage, or disposal facility shall in any way

dilute a hazardous waste to meet the exclusion specifications of clause (1)(i)(0), subpara~

graph (l )(ii) or paragraph (2) of this subdivision.

(vii) Waste analysis plans. The generator of a comparable/syngas fuel shall develop and

follow a written waste analysis plan which describes the procedures for sampling and

analysis of the hazardous waste to be excluded. The waste analysis plan shall be developed

in accordance with the applicable sections of the "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods" (SW~846), as incorporated by reference in section 370.l(e) of

this Title. The plan shall be followed and retained at the facility excluding the waste.

(a) At a minimum. the plan must specify:

(1) the parameters for which each hazardous waste will be analyzed and the

rationale for the selection of those parameters;

(2) the test methods which will be used to test for these parameters;

(3) the sampling method which will be used to obtain a representative sample of the

waste to be analyzed;

(4) the frequency with which the initial analysis of the waste will be reviewed or

repeated to ensure that the analysis is accurate and up to date; and

(5) if process knowledge is used in the waste determination, any information

prepared by the generator in making such determination.

(b) The waste analysis plan shall also contain records of the following:

(1) the dates and times waste samples were obtained, and the dates the samples

were analyzed;

(2) the names and qualifications of the person(s) who obtained the samples;

(3) a description of the temporal and spatial locations of the samples;

(4) the name and address of the laboratory facility at which analyses of the samples

were performed:

(5) a description of the analytical methods used, including any clean-up and sample

preparation methods:

(6) all quantitation limits achieved and all other quality control results for the

analysis (including method blanks, duplicate analyses, matrix spikes, etc.), laboratory

quality assurance data, and description of any deviations from analytical methods

written in the plan or from any other activity written in the plan which occurred;

(7) all laboratory results demonstrating that the exclusion specifications have been

met for the waste; and

(8) all laboratory documentation that support the analytical results. unless a contract between the claimant and the laboratory provides for the documentation to be

maintained by the laboratory for the period specified in subparagraph (xi) of this

paragraph and also provides for the availability of the documentation to the claimant

upon request.

(c) Syngas fuel generators shall submit for approval, prior to perfonning sampling,

analysis, or any management of a syngas fuel as an excluded waste. a waste analysis plan

containing the elements of clause (a) of this subparagraph to the appropriate regulatory

authority. The approval of waste analysis plans must be stated in writing and received by

the facility prior to sampling and analysis to demonstrate the exclusion of a syngas. The

approval of the waste analysis plan may contain such provisions and conditions as the

regulatory authority deems appropriate.

(viii) Comparable fuel sampling and analysis.

(a) General. For each waste for which an exclusion is claimed, the generator of the

hazardous waste must test for all the constituents on Appendix 23, infra except those that

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§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

the generator determines, based on testing or knowledge, should not be present in the

waste. The generator is required to document the basis of each detennination that a

constituent should not be present. The generator may not detennine that any of the

following categories of constituents should not be present:

(1) a constituent that triggered the toxicity characteristic for the waste constituents

that were the basis of the listing of the waste stream. or constituents for which there is a

treatment standard for the waste code in section 376.4(a) of this Title;

(2) a constituent detected in previous analysis of the waste;

(3) constituents introduced into the process that generates the waste; or

(4) constituents that are byproducts or side reactions to the process that generates

the waste.

Note: Any claim under this subparagraph must be valid and accurate for all

hazardous constituents; a determination not to test for a hazardous

constituent will not shield a generator from Iiabiliry should that constituent later be found in the waste above the exclusion specifications.

(b) For each waste for which the exclusion is claimed where the generator of the

comparable/syngas fuel is not the original generator of the hazardous waste. the generator

of the comparable/syngas fuel may not use process knowledge pursuant to clause (a) of

this paragraph and must test to detennine that all of the constituent specifications of

subparagraph (l)(ii) and paragraph (2) of this subdivision have been met.

(c) The comparable/syngas fuel generator may use any reliable analytical method to

demonstrate that no constituent of concern is present at concentrations above the specification levels. It is the responsibility of the generator to ensure that the sampling and

analysis are unbiased, precise, and representative of the waste. For the waste to be eligible

for exclusion, a generator must demonstrate that:

(1) each constituent of concern is not present in the waste above the specification

level at the 95 percent upper confidence limit around the mean; and

(2) the analysis could have detected the presence of the constituent at or below the

specification level at the 95 percent upper confidence limit around the mean.

(d) Nothing in this subparagraph preempts, overrides or otherwise negates the provision in section 372.2(a)(2) of this Title, which requires any person who generates a solid

waste to determine if that waste is a hazardous waste.

(e) In an enforcement action, the burden of proof to establish conformance with the

exclusion specification shall be on the generator claiming the exclusion.

(j) The generator must conduct sampling and analysis in accordance with their waste

analysis plan developed under subparagraph (vii) of this paragraph.

(g) Syngas fuel and comparable fuel that has not been blended in order to meet the

kinematic viscosity specifications shall be analyzed as generated.

(h) If a comparable fuel is blended in order to meet the kinematic viscosity specifications. the generator shall:

(1) analyze the fuel as generated to ensure that it meets the constituent and hearing

value specifications; and

(2) after blending. analyze the fuel again to ensure that the blended fuel continues

to meet all comparable/syngas fuel specifications.

(i) Excluded comparable/syngas fuel must be re-tested. at a minimum, annually

and must be retested after a process change that could change the chemical or

physical properties of the waste.

(ix) Speculative accumulation. Any persons handling a comparable/syngas fuel are

subject to the speculative accumulation tcst under section 37 L 1(c)(4)(iv) of this Part.

(x) Records. The generator must maintain records of the following information on-site:

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(a) all information required to be submitted to the implementing authority as part of

the notification of the claim:

(1) the owner/operator name, address, and RCRA facility ID number of the person

claiming the exclusion;

(2) the applicable EPA hazardous waste codes for each hazardous waste excluded

as a fuel: and

(3) the certification signed by the person claiming the exclusion or his authorized

representative;

(b) a brief description of the process that generated the hazardous waste and process

that generated the excluded fuel. if not the same;

(c) an estimate of the average and maximum monthly and annual quantities of each

waste claimed to be excluded;

(d) documentation for any claim that a constituent is not present in the hazardous

waste as required under clause (viii)(a) of this paragraph;

(e) the results of all analyses and all detection limits achieved as required under

subparagraph (viii) of this paragraph;

(j) ifthe excluded waste was generated through treatment or blending. documentation

as required under subparagraph (iii) or (iv) of this paragraph;

(g) if the waste is to be shipped off-site. a certification from the burner as required

under subparagraph (xii) of this paragraph;

(11) a waste analysis plan and the results of the sampling and analysis that includes the

following:

(1) the dates and times waste samples were obtained. and the dates the samples

were analyzed;

(2) the names and qualifications of the person(s) who obtained the samples;

(3) a description of the temporal and spatial locations of the samples;

(4) the name and address of the laboratory facility at which analyses of the samples

were performed;

(5) a description of the analytical methods used, including any clean-up and sample

preparation methods;

(6) all quantitation limits achieved and all other quality control results for the

analysis (including method blanks, duplicate analyses, matrix spikes, etc.), laboratory

quality assurance data. and description of any deviations from analytical methods

written in the plan or from any other activity written in the plan which occurred;

(7) all laboratory analytical results demonstrating that the exclusion specifications

have been met for the waste; and

(8) all laboratory documentation that support the analytical results. unless a contract between the claimant and the laboratory provides for the documentation to be

maintained by the laboratory for the period specified in subparagraph (xi) of this

paragraph and also provides for the availability of the documentation to the claimant

upon request:

(i) if the generator ships comparable/syngas fuel off-site for burning, the generator

must retain for each shipment the following information on-site:

(I) the name and address of the facility receiving the comparable/syngas fuel for

burning;

(2) the quantity of comparable/syngas fuel shipped and delivered;

(3) the date of shipment or delivery;

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§ 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

(4) a cross-reference to the record of comparable/syngas fuel analysis or other

information used to make the determination that the comparableJsyngas fuel meets the

specifications as required under subparagraph (viii) of this paragraph; and

(5) a one~time certification by the burner as required under subparagraph (xii) of

this paragraph.

(xi) Records retention. Records must be maintained for the period of three years. A

generator must maintain a current waste analysis plan during that three-year period.

(xii) Burner certification. Prior to'submitting a notification to the State and regional

directors, a comparable/syngas fuel generator who intends to ship their fuel off-site for

burning must obtain a one-time written, signed statement from the burner:

(a) certifying that the comparable/syngas fuel will only be burned in an industrial

furnace or boiler, utility boiler, or hazardous waste incinerator, as required under paragraph (c)(2) of this section;

(b) identifying the name and address of the units that will burn the comparable/syngas

fuel; and

(c) certifying that the state in which the burner is located is authorized to exclude

wastes as comparable/syngas fuel under the provisions of this section.

(xiii) Ineligible waste codes. Wastes that are listed because of presence of dioxins or

fmans, as set out in Appendix 22, infra are not eligible for this exclusion, and any fuel

produced from or otherwise containing these wastes remains a hazardous waste subject to

full Parts 370. 371, 372, 373, 374 and 376 of this Title. hazardous waste management

requirements.

Historical Note

Sec. filed May 14, 1985; amds. filed: May 2,1986; Oct. 26, 1988; Dec. 2,1991; Nov. 19,

1993; Nov. 15, 1994: Sept. 29,1998; Nov. 4,1999; Jan. 14,2002; July 5, 2005 eff. 60 days

after filing. Amended (c), (i).

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