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 ofhazardous waste and for listing hazardous wastes Characteristics ofhazardous waste Lists ofhazardous 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 subjectto regulation as hazardous wastes underParts 370 through 373, and 376 ofthis Title. However, even though a given material is defined as a hazardous waste under this Part, it may be exempt from one or more ofthe substantive provisions ofthose Parts, as specified in each respectively. Definitions for terms used in this Part are given in Part 370 ofthis Title. For the purposes ofsubdivisions (c) and (g) ofthis section: (1) 

### A material is 

### accumulatedspeculatively ifit is accumulated before being recycled. A material is notaccumulated speculatively, however. ifthe person accumulatingitcan showthat 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 ofmaterial that is recycled,
ortransferred to a different site for recycling, equals at least 75 percentby weight orvolume of the amount of that material accumulated at the beginning of the period. In calculating the percentageofturnover, the75-percentrequirementis tobe appliedto each material ofthe 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) ofthis 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 

### byproductis amaterial thatis notone oftheprimary products ofaproduction 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 thatis produced forthe general public's use and is ordinarily usedin the sameform 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 oflead values from spent batteries and regeneration of spent solvents.

(4) A material is 

### recycledifit is used, reused orreclaimed. (5) A material is 

### regeneratedifit is restored to its original physical and chemical properties.



### (6) Scrap mewlis bits and pieces ofmetal 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'alis any material that has been used andas aresult ofcontamination can no longer serve the purpose fOf which it was produced without processing.

07-15-2006 6045 Conservation

### §371.1 TITLE 6 ENVIRONMENTAL CONSERVA TION



### (8) A material is used

### or reusedifit 

### 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 

### ifdistinct components ofthe 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 conditionerin wastewater treatment). 

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



### (10) Processedscrapmetalis scrap metal which has beenmanually orphysically alteredto either separate it into distinct materials to enhance economic value or to improve the handling ofmaterials. 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 circuitboardsbeing recycled (see subparagraph [e)[IJ[xiv] ofthis section). 

### (II) Home scrapmetal 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 otherdefinition given in any other Part ofthis Title.

(c) 

### Definition ofsolid 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) ofthis Title.

(2) A 

### discardedmaterial is any material which is:

(i) abandoned as explained in paragraph (3) ofthis subdivision; or (ij) recycled as explained in paragraph (4) ofthis subdivision; or (iii) considered inherently waste-like as explained in paragraph (5) ofthis subdivision;

or(Iv) a military munition identified as a solid waste in section 374-1.13(c) ofthis Title. (3) Materials are solid waste ifthey are abandoned by being:

(i) disposed of; or (ii) burned orincinerated; or (iii) accumulated, stored or treated (but not recycled) before or in lieu ofbeing**aban~** doned by being disposed of, burned or incinerated. (4) Materials are solid wasteifthey are recycled-oraccumulated. stored ortreated before recycling-as specified in subparagraphs (i)-(iv) ofthis 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).

6046 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 371.1

(b) Commercial products listed in section 371.4(d) ofthis Part are not solid wastes 

### if they are applied to the land and that is their ordinary mannerofuse. (ii) Burning for energy recovery.

(a) Materials noted with an asteriskin column 2 ofTable 1 are solid wastes whenthey

are: (1) burned to recover energy; or (2) used to produce afuel orare otherwise containedinfuels (in which casethe fuel itselfremains a solid waste). (b) However, commercial products listed in section 371.4(d) ofthis Part are not solid waste 

### ifthey are fuels. (iii) Reclaimed materials noted with an asterisk in column 3 ofTable 1 are solid wastes when reclaimed.

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

are solid waste when accumulated speculatively. (5) Inherently waste-like materials. Thefollowing materials are solid wastes whenthey are recycled in any manner: (i) Hazardous waste numbers F02D, F021 (unless used as an ingredient to make a product at the site ofgeneration). P022, P023, P026 and P028. (ii) Secondary materials fed to a halogen acid furnace that exhibit a characteristic ofa hazardous waste orare listed as a hazardous waste as definedin section 371.3 or371.4 ofthis Part, except for brominated material that meets the fonowing criteria: (a) the material must contain a bromine concentration ofat least 45 percent; (b) the material must contain less than a total ofone percent of toxic organic compounds listed in Appendix 23; and (c) the material is processed continually on-sitein the halogen acid furnace via direct conveyance (hard piping). (iii) The commissionerwill 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 (orare found inraw materials orproducts in smallerconcentrations) and are not used orreused 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 recycledby being: (a) used orreused as ingredients in an industrial process to make a product, provided the materials are not beingreclaimed; or (b) used orreused as effective substitutes for commercial products; or (c) returned to the original process from which they are generated, withoutfirst 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, eveniftherecycling involves use, reuse, or return to the process as described in clauses (i)(a) through (c) ofthis paragraph: (a) materials used in a manner constituting disposal, orused to produce products that

arc applied to the land; or

01·15·2002 6047 Conservation

### § 371.1 TITLE6 ENVIRONMENTAL CONSERVATION

(b) materials burned for energy recovery, used to produce fuel, orcontained in fuels;
or (c) materials accumulated speculatively; or

(d) materials listed in subparagraphs (5)(1) and (ii) ofthis 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, mustnotify the department, in writing, before utilizing the exemption orexclusion. Such 

### notification shall give the names and locations ofthe 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 orexclusions. Respondents in actions to enforceregulations, implementing article 27, who raise aclaimthatacertain material is not a solid or hazardous waste, or is exempt or conditionally exempt from regulation, when intended for reclamation, recycling, orreuse, must demonstrate: (i) for on-site reclamation, recycling, or reuse, that the party meets the tenus of the exclusion orexemption; or

(ii) for off-sile reclamation, recycling, orreuse:

(a) that there is a known market ordisposition for the material; (b) that the owner or operator ofthe receiving facility has the necessary equipment and capacity to process the entire volume ofmaterial offered; and

(c) through appropriate documentation, such as contracts, thatthereceiving 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) Spentmaterials 

### * * * Sludges listed in 371.4(b) and (c) 

### * * * * Sludges exhibiting acharacteristic 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 processedscrap metal are defined in subdivision (a) ofthis section. (d) 

### Definition a/hazardous waste. (1) A solid waste, as defined in subdivision (c) ofthis section, is a hazardous waste if: (i) itis notexcluded from regUlation as ahazardous waste underparagraph (e)(2) ofthis section; and

(li) it meets any ofthe following criteria:

(a) itexhibits any ofthe characteristics ofhazardous wasteidentifiedin section 371,3 of this Part. However, any mixture of a waste from the extraction, beneficiation, and processing ofores and minerals excluded under subdivision (e)(2)(vi) ofthis section and

6048 Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 371.1

any othersolidwaste exhibiting acharacteristicofhazardous waste under section 371.3 of this Part is ahazardouswaste only ifit exhibits acharacteristic that would not have been exhibited by the excluded waste alone ifsuch mixture had not occurred, orifit continues to exhibitany ofthe characteristics exhibited by the nonexcluded wastes priorto 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 exceededby the excluded waste aloneifthe mixturehad not occurred orifit continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste priorto mixture.

(b) It is listed in section 371.4 ofthis Part and has not been excluded from the lists in section 371.4 underthe provisions ofsection 370.3(a) and (c) ofthis Title

..

(8)**[~!liilll"l'Blij** (d) 

### It is a mixture ofsolid 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) ofthis Title. or paragraph (6) or (7) ofthis 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 ofclause (a) or (b) ofthis subparagraph) if the generator can demonstrate that the mixture consists of wastewater the discharge ofwhich is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (see section 370.1 [e][7]{iii] ofthis Title) (including wastewater at facilities which have eliminated the discharge ofwastewater) and: (1) one or more ofthe following spent solvents listed in section 371.4(b) ofthis 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 ofwastewaterinto the headworks ofthe facility's wastewatertreatment orpretreatment system does not exceed one mgll; or

(2) one or more ofthe following spent solvents listed in section 371.4(b) ofthis 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 ofthese solvents (otherthan the amounts that can be demonstrated not to be dischargedto wastewater). divided bythe average weekly flow ofwastewater into the headworks ofthe facility's wastewatertreatment orpretreatment system. does notexceed 

### 25 mgtl; or

(3) one ofthe following wastes listed in section 371.4(c) ofthis Part, providedthat the wastes are discharged to the refinery 

### oil recovery sewer before primary oil/water/ solids separation-heatexchangerbundle 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/orin-line filter/separation solids from petroleum refining operations (EPA hazardous waste No. K170), spenthydrotreatingcatalyst. (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. Forpurposes ofthis SUbparagraph, de minimis
means unintentional and minor losses ofhazardous materials which occurunavoidably
as a result ofnormal 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 otherdevices used to transfer materials); minor leaks ofprocess equipment. storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; reliefdevice

07-15-2005 6049 Conservation

### § 371.1 TITLE6 ENVIRONMENTAL CONSERVAnON

discharges; discharges from safety showers and rinsing andcleaning ofpersonal 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 ofthis Part, provided thatthe annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks ofthe facility's wastewater treatment or pretreatment system, or provided the wastes' combinedannualizedaverageconcentrationdoesnotexceedonemg/l in the headworks ofthe facility's wastewater treatment or pretreatment facility. The annualized average flow means the IOtal flow registered for the calendar year divided by the numberofoperating days ofthe 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 ofcarbamates and carbamoyl oxime:. (EPA Hazardous Waste No. K157)-provided that the maximum weekly usage offormaldehyde, 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 orvolatilized) divided by the average weekly flow of process wastewater prior to any dilutions into the headworks of the facility's wastewatertreatment system does not exceed a total offive mg/I; or

(7) wastewaters derived from the treatment ofone or more ofthe 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 maximumconcentration offormaldehyde. methyl chloride. methylene chloride. and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed atotal offive milligrams perliter.

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, ThirdEdition. to show th e used oil does not contain significantconcentnllions ofhalogenated 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 notapply to metalworking oilslfluids containing chlorinated paraffins, ifthey 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, ordisposed.

(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 oilscontaminated 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) ofthis subdivision becomes a hazardous waste when any ofthe following events occur: (i) In the case ofa 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.

6050 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 

### 371.1

(iii) 

### In the case ofany other waste (including a waste mixture), when the waste exhibits any ofthe characteristics identified in section 371.3. (3) Unless and until it 

### meets the criteria ofparagraph (4) ofthis subdivision:

(i) 

### Ahazardous waste will remain a hazardous waste. (ii) (0) 

### Except as otherwise provided in clause (b) 

### ofthis 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 nothazardous wasteunderthis provisionunless thereclaimedmaterial is burned for energy recovery or used in a mannerconstituting disposal.)

(b) 

### The following solid waste is not hazardous even though it is generated from the treatment. storage. or disposal ofa hazardous waste, unless it exhibits one or more ofthe characteristics ofhazardous waste: (1) 

### Waste pickle liquorsludge generatedby lime stabilization ofspentpickleliquor from the iron and steel industry (SIC codes 33I and 332).

(2) Waste from burning any ofthe materials exempted from regulation by clauses (g)(l

### )(iii)(c) and (d) 

### ofthis 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] ofthis 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 exhibitno characteristics ofhazardous waste. Testingrequirements 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 oroperation generatingthe wastechanges. Persons claimingthis exclusionin
an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all ofthe 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 Maximumforany 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**07-15~2005** 6051 Conservation

### § 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 Maximumfor anysingle 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 exclusionlevels forall constituents anddo notexhibitany characteristicsthat
are sentto solid waste management facilities. Thenotification andcertification that is placed in the generator's ortreater's files must be updated 

### ifthe process oroperation generatingthe waste changes and/orif

### the solid waste management facility receiving the waste changes. However, the generatorortreaterneed only notify the department
on an annual basis ifsuch changes occur. Such notification and certification should be sent to 

### the department no later than the end ofthe calendar year. The notification must include the following information: the name and address ofthe 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 ofgeneration. The certification must be signed by an authorized representative and must state as follows:
"I certify underpenalty oflaw 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 offine and imprisonment." 

### (4) Biological treatment sludge from the treatment ofone ofthe 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 andcarbamoyl oximes (EPA HazardousWaste No. K156), andwastewaters from the production ofcarbamates and carbamoyloximes (EPA Hazardous Waste No. KI57).

(5) Catalyst inert support media separated from one ofthe following wastes listed in section 371.4(c) ofthis 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) ofthis subdivision is not ahazardous waste ifit 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

6052 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 371.1

characteristic atthe pointofgeneration may still be subject to therequirements ofPart 376of this Title, even 

### ifthey no longer exhibit a characteristic at the point ofland disposal.)

(ii) 

### In the case ofa 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) ofthis subdivision under section 370.3(a) and (c) ofthis Title. Section 370.3(c) provides forthe petitioning for exclusionofalistedwasteproducedat
a particular facility. (5) Notwithstanding paragraphs (1) through (4) ofthis subdivision andprovided the debris


### as defined in Part 376ofthis Titledoes not exhibit acharacteristic identified at section 371.3 of this Part, the following materials are not subject to regulation under Parts 370 through 374 or 376 ofthis Title: (i) hazardous debris as defined in Part 376ofthis Titlethathas been treated using one of the requiredextraction ordestruction technologies specifiedinTable Iofsection 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 ofthis Title that the commissioner, considering the extent ofcontamination, 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 ofignitability as defined under section 371.3(b) ofthis Part, corrosivity as defined under section 371.3(c) ofthis Part, orreactivity as defined under section 371.3(d) ofthis Part is not a hazardous waste, ifthe waste no longer exhibits any characteristic ofhazardous waste identified in section 371.3 ofthis Part. (ii) The exclusion described in subparagraph (i) ofthis paragraph also pertains to:

(a) 

### any mixture ofa solid waste and ahazardous waste listed in section 371.4 ofthis Part solely because it exhibits the characteristics ofignitability, corrosivity, orreactivity
as related underclause (I)(ii)(d) ofthis subdivision; and (b) 

### any solid waste generated from treating, storing. or disposing of a hazardous waste listed in section 371.4 ofthis Part solely because it exhibits the characteristics of ignitability. corrosivity, or reactivity as regulated under clause (3)(ii)(0) ofthis subdivision. (iii) Wastes excluded under thus paragraph are subject to Part 376 of this Title (as applicable). even ifthey no longer exhibit acharacteristic at the point ofland disposal.

(iv) Any mixture of a solid waste excluded from regulation under subparagraph (e)(2)(vi) ofthis section and a hazardous waste listed in sectiop 371.4 ofthis Part solely because it exhibits one ormore ofthecharacteristics ofignitability, corrosivity, orreactivity
as regulated under clause (1 

### )(ii)(d) of this subdivision is not a hazardous waste, if the mixture no longer exhibits any characteristic ofhazardous waste identified in section 371.3 ofthis Partfor 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 ofsection 374-1.9 ofthis Title (Eligible radioactive mixed waste). (ii) The exemption described in subparagraph (i) 

### ofthis paragraph also pertains to:

(a) 

### any mixture ofa 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.

07-15-2005 

### 6053 Conservation

### §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 ofthis Part: (i) (a) 

### domestic sewage; and

(b) 

### any mixture ofdomestic 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 ofthe 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 ortreated 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 bythe Atomic Energy Actof 1954, 

### as amended through 1984,42 

### USCA 20II 

### etseq, (see section 370.1 

### [eJ ofthis Title);

(v) materials subject to in situ mining techniques which are not removed from the ground as part ofthe 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) ofthis section;

(vii) spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in paragraph (a)(I) ofthis 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 reclamationis closedby being entirely connected with pipes orothercomparableenclosed
means ofconveyance; (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 mannerconstituting 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) 

### ofthis 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 waterborne 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;

6054 Conservation 07-15-2005CHAPTER 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 ofthis Title, regardless ofwhetherthe plant generates a total ofless than 100kg/month ofhazardous 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 operatingunder 

### 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 acopy ofthat document in its on-site records for aperiod ofno less than three years from the date specified in the notice. The exclusion applies only so long as the plant meets all oftheconditions. If 

### the plant goes out ofcompliance with any condition, it may apply to the commissioner for reinstatement. The commissioner may reinstate the exclusion upon finding that the planthas 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 exhibitthe toxicity characteristic (TC) specifiedin section 371.3(e) ofthis 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 priorto the tar's sale orrefining. This exclusion is conditioned on there being no land disposal ofthe wastes from the pointthey are generated tothe pointthey are recycled to coke ovens ortarrecovery orrefining processes, or mixed with coal tar; and

(xi) nonwastewater splash condenser dross residue from the treatment ofK061 in high temperature metals recovery units, provided it is shipped in drums (ifshipped) and not land disposed before recovery;

(xii) (a) 

### oil-bearing hazardous secondary materials (i.e., 

### sludges, byproducts, or spent materials) that are generated at apetroleumrefinery (SIC code 2911) and areinserted 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 isplaced onthe land. or speculativelyaccumulatedbefore being sorecycled. 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) 

### ofthis 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 alisting under section 371.4ofthis ParL are designated as F037 listed wastes when disposed oforintended for disposal;

(b) 

### recovered oil that is recycled in the same manner and with the same conditions as described in clause (a) 

### ofthis subparagraph. Recovered oil is oil that has been reclaimed from secondary materials (includingwastewater) generated from nonnal petroleumindustry 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 371.4ofthis Part; however. oil recoveredfrom such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in section**374~2.1** 

### ofthis Title; (xiii) excluded scrap metal (processed scrap metal. unprocessed home scrap meta!, and unprocessed prompt scrap metal) being recycled;

07-J5-2005 

### 6055 Conservation

### § 

### 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 atthe 

### mill generating the condensates;

(xvi) comparable fuels or comparable syngas fuels (i.e., 

### comparablc/syngas fuels) that meet the requirements ofsection 371.4(i) 

### ofthis 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 ofignitability (as 

### defined in section 371.3[b] ofthis 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 manufacturingfacility 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 apetroleumrefinery; and wherethe petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. 

### Petrochemical recoveredoil is oil that has been reclaimed from secondary materials (Le" 

### sludges. byproducts. or 

### spent materials. including wastewater) from normal organicchemical 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) ofthis 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 ofregulation. ifsuch 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 orother appropriate notification orinspection procedures to assure that hazardous wastes are not received at or burned in the facility; (ii) solid wastes generated by any ofthe following and which are returned to 

### the soils as fertilizers: (a) 

### the growing and harvesting ofagricultural crops: and (b) 

### the raising ofanimals. including animal manures;

6056 

### Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 371.1

(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 ofcoal orotherfossil fuels. except as providedby section 374-1.8(m) ofthis Title for facilities that burnorprocess hazardous waste;

(v) drilling fluids. produced waters and other wastes associated with the exploration, development orproduction ofcrude oil, natural gas or geothermal energy;

(vi) solid waste from the extraction, beneficiation and processing ofores and minerals (including coal, phosphate rock and overburden from the mining ofuranium ore), except as provided by section 374-I.8(m) of this Title for facilities that bum or process hazardous waste. (a) Forpurposes ofthis subparagraph beneficiation ofores and minerals is restricted to thefollowing activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/orcarbon dioxide; roasting, autoclaving, and/or chlorination in preparation forleaching (exceptwheretheroasting [and/orautoclaving and/orchlorinmion}/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) Forthe purposes ofthis subparagraph, solidwaste from theprocessing ofores and minerals includes only thefollowing wastes as generated: (1) slag from primary copperprocessing; (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 ashfrom coal gasification; (7) process wastewaterfrom coal gasification; (8) calcium sulfate wastewater treatment plant sludge from primary copper processing;

(9) slag tailings from primary copperprocessing; (10) fluorogypsum from hydrofluoric acid production: (11) process wastewaterfrom hydrofluoric acid production; (12) airpollution control dust/sludge from iron blast furnaces; (13) iron blast furnace slag; (14) treated residue from roasting/Ieaching ofchrome ore; (15) process wastewater from primary magnesium processing by the anhydrous process;

(16) process wastewaterfrom phosphoric acid production; (17) basic oxygen furnace andopen hearth furnace airpollution controldust/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) aresidue derived from**co~processing** mineral processing secondary materials with 

### normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under paragraph (2) ofthis subdivision 

### ifthe 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) ofthis Title for facilities that burn or process hazardous waste;



### (viii) solid waste which consists ofdiscarded 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 ifthe 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 ofchromium, which do not fail the test for the toxicity characteristic for any other constituent or are not listed due to the presence ofany otherconstituent, and which do not fail the test for any other characteristic, ifit is shown by awaste generator orby 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 meetthe standardinclause (a) 

### ofthis subparagraph (solong
as they do not fail the test for 

### the toxicity characteristic for any other constituent, and do not exhibit any otherhazardous 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 otherleatherproduct manufacturing industries; and

(4) 

### wastewater treatment sludges from the production oftitanium dioxide pigment using chromium-bearing ores by the chloride process; (x) petroleum-contaminated media anddebris that fail the test for the toxicity characteristic ofsection 371.3(e) (hazardous waste codes 0018 through 0043 only) and are subjectto the corrective action regulations under40 CFR 

### part 280;



### (xi) non-teme plated used oil filters that are not mixed with wastes listed in section 371.4 ofthis Part ifthese oil filters have been gravity hot-drained using one ofthe following methods: (a) 

### puncturing thefilter anti-drain back valve orthe filter dome end and hot-draining: (b) 

### hot-draining and crushing: (c) 

### dismantling and hot-draining; or (d) 

### any otherequivalent**hot~draining** 

### method that will remove used oil:

6056.1 

### Conservation 07-15-:1005CHAPTER 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 airconditioning 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 orgas condensate collected from landfills wherecertain solidwastes have been disposed, provided that: (a) 

### the solid wastes disposed would meet one or more ofthe 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 ofthe listing. (b) 

### the solid wastes described in clause (a) 

### ofthis subparagraph were disposed prior to the effective date ofthe listing; (c) 

### the leachate orgas condensate do notexhibit any characteristic ofhazardous waste
nor are derived from any other listed hazardous waste:

(d) 

### discharge ofthe 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 ofthis Title; and (e) 

### as ofFebruary 13,2001, leachate or gas condensate derived from KI69-K172 is
no longer exempt ifit 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 

### exemptifit is stored ormanaged in a surface impoundment prior to discharge. There is one exception: ifthe 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 ofthis clause after the emergency ends.

07-15-2005 6056.3 ConservationCHAPTER IV QUALITY SERVICES 

### § 371.1

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

0) A hazardous waste which is generated in a product orraw material storage tank, in a product orraw material transport vehicle or vessel, in a product orraw material pipeline, or in amanufacturing process unit or an associated non-waste treatment manufacturing unit, is 

### not subject to regulation underParts 372, 373, and 376 ofthis Title until 

### it leaves the unit in which 

### it was generated. However, this exemption does not apply if the unit is a surface impoundment, orifthe hazardous wasle remains in the unit morc than 90 days after the unit
ceases to 

### be operated for manufacturing, or for storage or transportation ofproduct or raw materials. 

### (4) Samples.

(i) 

### Except as providedin subparagraph (ii) ofthis paragraph, a sampleofsolid waste ora sample ofwater, soil orair, whichis collected for the sale purpose oftesting to determine its characteristics, or

### composition. is not subject to 

### any requirements ofthis Partor ofParts 372, 373. and 

### 376 of

### this Title, when: (a) 

### the sample is being transported to alaboratory for the purpose oftesting; (b) 

### the sample is being transported back to the sample collector aftertesting; (c) 

### the sample is being stored by the sample collectorbefore 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 (forexample, until conclusionofacourtcase orenforcement action where further testing ofthe 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 ofTransportation (NYSDOT), U.S. Department ofTransportation (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 ofthe 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 ofthe sample; (iv) 

### the date ofshipment; and (v) 

### adescription ofthe sample; and (2) 

### package the sample so thatitdoes not leak, spill orvaporize 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 ofthe conditions stated in subparagraph (i) 

### ofthis 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) ofthis Title, are not subject to any requirement ofthis Part or 

### Part 372 nor are such samples included in the quantity detenninations ofsubdivision (f) 

### ofthis section and section 372.2(a)(8) of

### this Pan 

### when:

6057 Conservation

### §371.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(1) 

### the sample is beingcollected and preparedfortransportation by 

### the generatoror 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 ofconducting 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 ofconducting treatability studies provided that: (1) 

### the generator or sample collector uses (in "treatability studies") no more than 10,000 kilograms ofmedia contaminated with non-acute hazardous waste, 1,000 kilograms ofany non-acute hazardous waste otherthan contaminated media, I kilogram of acutehazardous waste, or 2,500kilograms ofmediacontaminatedwith 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 ofhazardous waste, and I kilogram ofacute hazardous waste; and

(3) the sample mustbe packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements ofitem (i) 

### or (it) 

### ofthis subclause are met; (i) 

### thetransportation ofeach sample shipmentcomplies withU.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 ofthe sample, the following infonnation must accompany the sample; (A) 

### the name, mailing address, and telephone number ofthe originator ofthe sample;

(B) 

### the name, address, and telephone number ofthe facility that will perfonn the treatability study;

(C) 

### the quantity ofthe sample; (D) 

### the date ofshipment; and (E) 

### a description ofthe 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 ofthe treatability study: (i) 

### copies ofthe shipping documents; (ii) 

### a copy ofthe contract with the facility conducting the treatability study; (iii) 

### documentation showing:

(A) 

### the amount ofwaste 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 ConservationCHAPTER IV QUALITY SERVICES 

### § 371.1

(6) the generator reports the information required under item (5)(iii) ofthis 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 grantrequests, on acase-by-casebasis, for quantity limits in excess ofthose specified in subclauses (iv)(b)(l) and (2) and clause (v)(d) ofthis paragraph, for up to an additional 5,000 kilograms ofmedia contaminated with non-acute hazardous waste, 500 kilograms ofnon-acute hazardous waste, 2,500kilograms ofmediacontaminated with acute hazardous waste and 1 kilogram ofacute hazardous waste: (1) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance ofcommencing treatability studies. Factors to be considered in reviewing such requests include the nature ofthe 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 ofan 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 collectorrequires additional time or quantity of sample for the treatability study evaluation and the additional time or quanity needed; (ii) documentation accounting for all samples ofhazardous 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 ofeach 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 equipmentimprovements 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 andtesting 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 ofthis Part ofParts**370~374** and Part 376, provided that the conditions of clauses (a) through (k) ofthis 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 ofMTUs are located at the same site, the limitations specified in (a) through (k) ofthis subparagraph apply too the entire group ofMTUs 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 commissionerin writing that 

### itintends to conducttreatability studies underthis 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 atthe facility forthe purpose ofevaluation in treatability studies does not exceed 10,000 kilograms, the total ofwhich

can include 10,000 kilograms of media contaminated with non-acute hazardous waste, 2,500 kilograms ofmedia 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 sincethe treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generatoror 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 ofhazardous wastc, (g) The facility maintains records for three years following completion ofeach 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 ofthe generator or sample collector ofeach waste sample;

(2) thc date the shipment was reccived; (3) the quantity ofwaste accepted; (4) the quantity of"as received" waste in storage each day; (5) the date the trcatment study was initiated and the amountof"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, ifsentto a designatedfacility, the

name ofthe 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 ofeach 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 currentyear, and includes the following information for the previous calendar year: (1) the name, address, andEPA identificationnumber ofthe facility conducting the treatability studies;

(2) the types (by process) oftreatability studies conducted;

6060 Conservation 10-31-98CHAPTER 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 ofwaste in storage each day; (5) 

### the quantity and types ofwaste subjected to treatability studies; (6) 

### when each treatability study was conducted: and (7) 

### the final disposition ofresidues and unused sample from eachtreatability study. (j) 

### The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under subdivision (d) ofthis section and, ifso are subjectto Parts 371-374 and Part 376, unless the residues and unused samples arereturned to the sample OIiginator underthe subparagraph (4) (iv) ofthis 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 quantitygenerators. (I) 

### Ageneratoris aconditionally exempt small quantity generatorina calendarmonth ifno more than 100kilograms ofhazardous waste are generatedin thatmonth.

(2) Except as providedin paragraphs (5), 

### (6), (7), and (10) ofthis subdivision, aconditionally exempt small quantity generator's hazardous wastes are not subject to regulation under Part 372 through Subpart 374-3 and Part 376 ofthis Title.

(3) When making the quantity determinations ofthis Part and Part 372 ofthis Title, the generatormust include all hazardous waste thatit generates, except hazardous waste that: (i) is exempt from regulation underparagraphs (e)(3) and (4), subparagraphs (g)(1)(iii), (h)(1)(i) ofthis section or section 371.4(e) ofthis Title; or

(ii) is managed immediately upon generation only in on-site elementary neutralization units, wastewatertreatmentunits, ortotally enclosedtreatmentfacilities as defined in section 370.2 ofthis Title; or

(iii) is recycled, withoutpriorstorage or accumulation, only in an on-site process subject to regulation under subparagraph (g)(3)(ii) ofthis section; or

(iv) is used oil managed under the requirements of subparagraph (g)(1)(iv) of this section and Subpart 374-2 ofthis 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) 

### ofthis section and Subpart 374-3 ofthis Title. (4) In determiningthe quantity ofhazardous waste generated, ageneratorneed notinclude:

(i) hazardous waste when it is removed from on-site storage; (ii) hazardous waste produced by on-site treatment (including reclamation) ofthe 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 spentmaterials have been counted once. (5) Ifa conditionally exempt small quantity generator generates acute hazardous waste in quantities greater than that set forth below in a calendar month, all quantities ofthat waste are subject to regulation under Parts 372, 373. 374, and 376 ofthis Title: (i) a total ofone kilogram of acute hazardous waste listed in section 371.4(b), (c) and (d)(5) ofthis Part;

(ii) a total of 100 kilograms ofany residue or contaminated soil, waste or other debris resulting from the cleanup ofa spill, into or on any land or water, of any acute hazardous waste listed in section 371.4(b), (c) and (d)(5) ofthis Part. (6) Aconditionally exempt small quantity generatorwho 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) ofthis 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) ofthis subdivision, all ofthose accumulated wastes are subject to 

### regulation underParts 372 through 374, and 376 ofthis Title. The time period for accumulation ofwastes on-site given in section 372.2(a)(8)(ii) ofthis Title begins when the accumulated wastes exceed the applicable exclusion limit;

(iii) 

### a conditionally exempt small-quantity generator may either treat or dispose ofthe acute hazardous wastes in an on-site facility, or ensure delivery to an off-site treatment, storage ordisposal facility eitherofwhich, iflocated in the U.S., is: (a) 

### permittedunderPart 373 ofthis Title; (b) 

### in interim status underPart 373 ofthis Title; (c) 

### authorized to manage hazardous waste by a state with ahazardous waste managementprogram approved underRCRA, iflocated outside New York;

(d) 

### authorized to receive hazardous waste underRCRA; (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, orregistered by a state other than New Yorkto manage municipal solid waste if managedin asolid waste landfill subjectto40CFRpart258, as incorporatedby reference in section 370.1 (e) ofthis Title, orregistered 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 incorporatedby reference in section 370.1 (e) ofthis Title;

(j) 

### afacility whichbeneficially uses orreuses, orlegitimately recycles orreclaims its waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;

(g) 

### afacility authorizedby thedepartmentto receive such wastes, pursuant to Subpart 373-4 ofthis Title; or

(h) 

### for universal waste managed under Subpart 374-3 ofthis Title, a universal waste handler ordestination facility subject to the requirements ofSubpart 374-3 ofthis 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] ofthis Title); or (b) 

### use atransporter authorized underPart 364 ofthis 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) ofthis Title; (ii) the conditionally exempt small quantity generatormay accumulate hazardous waste on-site. If 

### he or she accumulates at any time more than a total of 1,000 kilograms oftheir
own hazardous wastes, all ofthose accumulated wastes are subject to regulation under the special provisions ofPart 372 ofthis Title applicable to generators ofbetween]00 and] ,000 kg ofhazardous waste in a calendar month as well as the requirements ofParts 373 and 376 ofthis Title, and the applicable notificationrequirements ofsection 3010ofRCRA. The time period ofsection 372.2(a)(8)(iii) ofthis Title for accumulation ofwastes on-site begins for conditionally exempt small quantity generators when the accumulated wastes exceed] ,000 kilograms;

6062 

### Conservation 03-15-2006CHAPTER IV QUALITY SERVICES 

### § 371.1

(iii) conditionally exempt small quantity generator may either treat or dispose oftheir hazardous waste in an on-site facility, or ensure delivery to an off-site treatment, storage or disposal facility, either ofwhich, iflocated in the U.S., is: (a) permitted underPart 373 ofthis Title; (b) in interim status under Part 373 ofthis Title; (c) authorized to manage hazardous waste by 

### astate with ahazardous waste management program approved underRCRA. iflocated 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 orregistered by a state otherthan New York to manage municipal solid waste if managed in a solid waste landfill subjectto40CFRPart 258, as incorporatedby reference in section 370.1 (e) ofthis Title, orregistered by astateto manage industrial solid wasteif managed in an industrial waste disposal unit subject to 40 CFR sections 257.5 through 257.30, as incorporated by referencein section 370.1(e) ofthis Title;

if) a facility which beneficially uses orreuses, orlegitimately recycles orreclaims its waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;

(g) afacility authorizedby the departmenttoreceive such wastes, pursuantto Subpart 373-4 ofthis Title; or

(h) for universal waste managed under Subpart 374-3 ofthis Title, a universal waste h:mdler ordestination facility subjectto the requirements ofSubpart 374-3 ofthis 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] ofthis Title); or (b) use a transporterauthorized underPart 364 ofthis Title to transport the particular waste(s) offeredfor shipmentto the designated facility. (8) Hazardous waste subjectto the reduced requirements ofthis 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 ofhazardous wastes identified in section 371.3 ofthis Part, 8' SHeA miniM! QQSYffi at a**fa@ilit~ reg~18ts8**  l!Ifl8@fStt8f18:Ft 373 4 Bfj3erMiU@8 

### tIfuief128ft 

### 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) Ifa conditionally exempt small quantity generator's wastes are mixed with used oil, themixture is subjecttoPart360 and Subpart374-2 ofthisTitleif

### itisdestined to beburnedfor energy recovery. Any material produced from such a mixturebyprocessing, blending, orother treatment is also so regulated ifitis destined to be burned for energy recovery. (g) Requirementsfor recyclable materials.

(1) (i) Hazardous wastes that are recycled are subjectto the requirements for generators, transporters, and storage facilities ofparagraphs (2) and (3) ofthis subdivision, except for the materials listed in subparagraphs (ii) and (iii) ofthis paragraph. Hazardous wastes that
are recycled will beknown as recyclable materials.

(ii) The following recyclable materials are not subject to the requirements of this subdivision butare regulated under sections 374-1.3 through 374-1.8, Subpart 374-2 and all applicableprovisions in Subpart 373-1 and Parts 621 and 624 ofthis Title: (a) recyclable materials used in amannerconstituting disposal (see section 374-1.3 of this Title);

07-15-2006 6063 Conservation

### § 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 ofthis Title);

($) 

### [Ress. '8M!) (d) recyclable materials from which precious metals are reclaimed (see section 374-1.6 ofthis 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 ofthis Title provided thatthe waste is transported by a hauler complying with any applicable waste haulerpermit requirements in Part 364 ofthis Title:(a) industrial ethyl alcohol that is reclaimedexceptthat. unless provided otherwise in

an international agreementas specified in section 372.5 ofthis Title: (1) a person initiating a shipment for reclamation in a foreign country. and any intermediary arranging forthe shipment, mustcomply with the requirements applicable to aprimary exporterin section 372.5(c), (f)(l)(i)-(iv), (vi), (f)(2), and (g) ofthis Tille. export such materials only upon consent ofthe receiving country and in conformance with the EPA acknowledgmentofconsent as defined in section 372.5 ofthis Title, and provide a copy ofthe EPA acknOWledgment ofconsent to the shipment to the transportertransporting the shipmentfor export; and

(2) transporters transporting a shipmentforexport may notaccepta shipment ifhe
or she knows the shipment does not conform to the EPA acknowledgment ofconsent, 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 notexcluded under subparagraph (e)(I)(xiii) ofthis section: (c) fuels produced from the refining ofoil-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-bearinghazardous waste. where such recovered oil is already excluded under subparagraph (e] [l][xii] ofthis 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 thatdoes not use distillation ordoes notproduceproducts from crude oil
so long as the resulting fuel meets the usedoil 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 thefuel meets the used oil fuel specificationundersection 374-2.2(b) ofthis Title: and

(3) oil reclaimed from oil-bearinghazardous 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 theused oil fuel specification under section 374-2.2(b) ofthis Title.

hazardous waste characteristic is not subject to ar s 70 through 373. Subpart 374-1 and e. ut is regulated underPart364**~d Subpa~s**  360-14

6064 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 371.1

originally used). Such termincludes, but is not limited to, oil which is rerefi aimed, burned for energy recovery. orreprocessed.

(v) Hazardous waste, that is exported to ed from designated membercountries ofthe Organization for Econom' eration and Development (OEeD) (as defined in section 372.5[h][l]

. Ite) for purpose ofrecovery is subject to the requirements of section 3 isTitle, ifitis subjecttoeitherthemanifesting requirements ofPart372of

(2) Generators and transporters ofrecyclable materials are subject to the applicable requirements ofPart 372 ofthis Title and the notification requirements under section 3010 of RCRA (see section 370.I[e] ofthis Title), except as provided in paragraph (1) 

### ofthis subdivision.

(3) (i) 

### Owners and operators offacilities that store recyclable materials before they are recycled are regulated underall applicableprovisions ofsections 373-2.1 through 373-2.12, Subpart373-1, sections 373-3.1 through 373-3.13, Parts 374,376,621 and 624 ofthis Title, sections 373-2.27,373-2.28,373-2.29,373-3.27,373-3.28 and 373-3.29 ofthis Title, andthe notification requirements under section 3010 ofRCRA (see section 370.1[e] ofthis Title), except as provided in paragraph (1) of this subdivision. (The recycling process itself is exempt from regulation except as provided in paragraph [4] ofthis subdivision.)

(ii) 

### Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subjectto the follOWing requirements, except as provided in paragraph (l) 

### ofthis 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 manifestand manifest discrepancies) ofthis Title; and

(c) 

### paragraph (4) ofthis subdivision. (4) Owners or operators offacilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements ofsections 373-2.27,373-2.28, 373-3.27 and 373-3.28 ofthis Title. (h) Residues of hazardous 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) ofthis subdivision, is not subjectto regulationunderthis Part andParts 372 through 373, and 376 ofthis Title. (Note: 

### The discarding of the empty drum or inner liner itself may be subject to the disposal requirements ofPart 360 

### and the transportation requirements ofPart 364 ofthis Title.)

(ii) 

### Any hazardous waste ineitheracontainerthatis notempty oraninnerlinerremoved from acontainerthatis not empty, as defined in paragraph (2) ofthis subdivision, is subject to regulation under this Part and Parts 372 through 373, and 376 ofthis Title. (2) (i) 

### A container orinner liner removed from a container that has held any hazardous waste, excepta wastethatis compressed gas orthatis identified as an acutehazardous waste listedin section 371.4(b)-(d) ofthis Part, is empty if: (a) 

### all wastes have been removedthat can be removed using the practices commonly employed to remove materials from that type ofcontainer, e.g., 

### pouring, pumping and aspirating; and

(b) 

### no morethan 2.54centimeters (oneinch) ofresidue remains onthe bottom ofthe containerorinnerliner; or

(c) (1) 

### no more than three percent by weight ofthe total capacity ofthe container remains in thecontainerorinnerlinerifthecontaineris less thanorequal to 119gallons in size; or

07-15-2006 6065 Conservation

### §371.1 TITLE 6 ENVIRONMENTAL CONSERVATION



### (2) 

### no more than 0.3 percent by 

### weight of the total capacity of the container remains inthe containerorinnerliner

### ifthe containeris greaterthan 119 gallons in size. (ii) A containerthat 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) ofthis 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 ofa container, the innerliner that preventedcontact ofthe 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. Ifany provisionofthis Partorits application to any person orcircumstance is held invalid, the remainder ofthis Part, and the application of those provisions to persons or circumstances other than those to which it is held invalid, shall notbe affected thereby.

G) 

### Requirementsfor 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 listedinthis subdivision are SUbjectto regulation underSubpart374-3 ofthis Title:(i) batteries as described in section 374-3.1 (b) ofthis Title; (ii) pesticides as described in section 374-3.1 (c) ofthis Title; (iii) thermostats as described in section 374-3.1(d) ofthis Title; and (iv) lamps as described in section 374-3.1(e) ofthis 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) 

### Criteriafor identifying the characteristics of hazardous waste. The commissioner will identify and define acharacteristic ofhazardous waste in addition tothose characteristics already identified in section 371.3 ofthis Part, upon determining that: (1) a solid waste thatexhibits 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 ofor 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 ofsolid waste; or

(ii) reasonably detected by generators of solid waste through their knowledge of their waste.

6066 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 371.2

(3) Whenever a proposed characteristic of a hazardous waste has been identified by 

### the commissioner, the adoption ofthe proposedcharacteristic is subjectto the approval ofthe State Environmental Board. (b) 

### Criteria/orlisting hazardous waste. (1) The commissionershall list a solid waste as a hazardous waste only upon determining thatthe solid waste meets one ofthe following criteria: (i) 

### The solid waste exhibits any ofthe characteristics ofhazardous waste identified in section 

### 371.3 ofthis 

### Part

(ii) The solid waste has been found to be fatal to humans in low doses or, in the absence ofdataon 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 ofcausing or significantly contributing to an increase in serious irreversible, orincapacitatingreversible, illness. (Waste listedin accordance with the criteria will be designated acute hazardous waste.)

(iii) The solid waste contains any ofthe toxic constituents listed in Appendix 23, 

### infra, and, after considering the following factors, the commissioner concludes that the waste is capable ofposing 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 ofthe toxicity presented by the constituent; (b) the concentration ofthe constituentin the waste; (c) the potential ofthe constituentorany toxic degradation product ofthe constituent to migrate from the waste into the environment underthe types ofimproper management considered in clause (g) ofthis subparagraph; (d) the persistence ofthe constituentor any toxic degradationproductofthe constituent; (e) the potential for the constituentorany toxic degradation productofthe constituent to degrade into nonhannful constituents and the rate ofdegradation; if) the degree to which the constituent or any degradation product ofthe constituent bioaccumulates in ecosystems; (g) the plausible types of improper management to which the waste could be subjected; (h) the quantities ofthe waste generated atindividual generation sites oron aregional
or national basis;

(i) the nature and severity of the human health and environmental damage that has occurred as aresult ofthe impropermanagementofwastes 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-otherconstituent; and (k) such otherfactors as may be appropriate. Constituents willbe listed in Appendix 23 only ifthey have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or otherlife fonns.

(2) The commissioner may list classes or types of solid waste as hazardous waste ifthe commissioner has reason to believe that individual wastes, within the class or type ofwaste, typically or frequently are hazardous under the definition ofhazardous waste found in article 27, title 9, ofthe 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) ofthis Part.

(4) Wheneverthe commissioner proposes to list a solid waste as a hazardous waste where such solid waste has notbeen so listed by the administrator, the listing ofthe solid waste shall be subjectto the approval ofthe State Environmental Board. (Wastes listed in accordance with these criteria will be designated toxicwastes).

01-15-2002 

### 6067 Conservation

### § 

### 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 ofhazardous waste.

(a) 

### General. (1) A 

### solid waste, as defined in section 371.1(c) ofthis Part, which is not excludedfrom regulation as a hazardous waste under section 37L 1(e), is a hazardous waste if

### it exhibits any ofthe characteristics identified in this section.

Note: Section 372.2(a) ofthis Title sets forth the generator's responsibility to determine whetherthe wasteexhibits one ormore ofthe characteristics identified in this section. 

### (2) A hazardous waste which identifiedby a characteristic in this section is assigned every EPA hazardous wastenumberthatis applicable as setforthinthis 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 ofthis Title.

(3) 

### For purposes ofthis section, the commissioner will 

### consider a sample obtained using any ofthe applicable sampling methods specified in Appendix 19, 

### infra, to 

### be arepresentative sample. A 

### person may employ a sampling method alternative to 

### those listed in Appendix 19 

### and is not required to demonstrate the equivalency ofthat method under the procedures set forth in section 370.3(a) and (h) ofthis Title. (b) 

### Characteristic of ignitability. (1) 

### A solid waste exhibits the characteristic of ignitability ifarepresentative sample ofthe waste has any ofthe following properties: (i) It is a liquid, otherthan an aqueous solution containing less than 24 percent alcohol by volume, and has aflash pointless than 60degrees Celsius (140degrees Fahrenheit). Flash point must be detennined by a Pensky-Martens Closed Cup Tester Materials Standard D-93-79 or**D~93~80;** 

### ora Setaflash ClosedCupTester, using the testmethod specifiedin 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 commissioneras setforth in section 370.3(b) ofthis Title (see section 370.1te] ofthis Title).

(ii) It is not aliquid and is capable under standard temperature and pressure, ofcausing fire through friction, absorption ofmoisture or spontaneous chemical changes and, when ignited, bums so vigorously and persistently that it creates ahazard. (iii) Itis 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 commissioneras setforth in section 370.3(b) ofthis Title. (iv) It is an oxidizer as defined in 49 CFR 173.127 (see section 370.1 [e] ofthis Title). (2) 

### A solid waste that exhibits the characteristic of ignitability has the EPA hazardous waste numberofDOO

### 1

> 

### (c) 

### Characteristic of corrosiviry. (1) 

### A solid waste exhibits the characteristic ofcorrosivity ifa representative sample ofthe waste has either ofthe following properties: (i) it is aqueous and has apH 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 MethodsforEvaluating Solid Waste, Physical/ChemicalMethods, EPA publication number SW-846 as incorporatedby reference in section 370.1(e) ofthis 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 ofCorrosion Engineers

6068 

### Conservation**0l~15~2002**CHAPTER IV QUALITY SERVICES 

### § 

### 371.3

(NACE) Standard TM-Ol-69 as standardized in 

### Test Methodsfor Evaluating Solid Waste, PhysicafJChemical Methods, 

### EPA Publication**SW~846,** 

### as incorporated by 

### reference in section 370.1 (e) ofthis Title. 

### (2) A solid waste that exhibits the characteristics ofcorrosivity has the EPA hazardous waste numberof0002, (d) 

### Characteristic ofreactivity. (1) A solid waste exhibits the characteristic ofreactivity 

### ifa representative sample ofthe waste has any ofthe following properties: (i) itis normally unstable andreadily undergoes violentchange without detonating; 

### (ii) 

### it

### reacts violently with 

### water; (iii) 

### itforms 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 orthe environment;

(vi) itis capableofdetonation orexplosivereaction ifitis subjectedto a stronginitiating
source orifheatedunderconfrnement;

(vii) it is readily capable ofdetonation or explosive decomposition orreaction at standard temperature and pressure; and

(viii) it is aforbidden explosive, a class A explosiveor aclass B explosive as definedin 49 CFR 173.51 and 173.53 (see section 370.1[e] ofthis Title). (2) A solid wastethatexhibits the characteristic ofreactivity has the EPA hazardous waste numberofD003. (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) ofthis 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 ofthis subdivision.

Table I Maximum Concentration of Contaminants for theToxicity Characteristic

EPAHW Regulatory Level No.1 Contaminant CASNo.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 DOl9 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. 4lf0-, m-, and p-Cresol concentrations cannotbe differentiated, the total cresol (D026) concentration is

used. The regulatory level oftotal cresol is 200 mg/l.



### (2) A solid waste that exhibits the characteristic oftoxicity 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 ofhazardous wastes.

(a) General. (1) 

### A solid waste is a hazardous waste ifit is listed in this section, unless it has been excluded from this list under section 370.3(a) and (b) ofthis Title.

(I) (e) (R) 

### Reactive waste Note: Although the names used for chemicals in this list include common names, tmde names and specific isomernames under various chemical naming systems, where anyone ofthese previous names are used, all other equivalent names shall be considered to be listed. 

### (2) The commissionerwill indicatethebasis forlisting theclasses ortypes ofwastes listed in this section by employing one or more ofthe following hazard codes: Ignitable waste

. . Corrosive waste

. .

6070 Conservation 01131/00CHAPTER 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) Eachhazardous wastelisted inthis sectionis assigned anEPA hazardous wastenumber 

### which precedes the name of the waste. This number must be used in complying with 

### the notification requirements ofsection 

### 3010 oftheResource 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) ofthis 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 wastefrom nonspecific sources. (1) 

### The following solid wastes are listed hazardous wastes from nonspecific sources unless they areexcludedunder section 370.3(a) and (c) ofthis 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 percentormore (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 solventmixtures.

The following spenthalogenated 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 solventmixtureslblends containing, before use, atotal of10percentormore (by volume) ofone
or more of the above halogenated solvents or those listed in FOOl, Foo4 orFOOS; and stillbottomsfromthe recovery ofthese spent solvents and spent solvent mixtures.

The following spent nonhalogenated solvents: xylene, acetone, (1)* ethyl acetate, ethylbenzene, ethyl ether, methyl isobutylketone, 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) ofone ormore ofthose solventslistedinFOOl, F002, FOO4 and FOD5; and still bottoms from the recovery of these spent solvents and spent solventmixtures.

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, beforeuse, a totalof 10percentorffiore (by volume) ofone or more ofthe above nonhalogenated solvents or those solvents listed in FOOl, F002 and FOO5; and still bottoms from the recovery ofthese 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) ofone or more ofthe above nonhalogenated solvents orthose solvents listed in FOOl, F002 orF004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

Wastewater treatment sludges from electroplating operations, exceptfrom the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregatedbasis) 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 ofaluminum. 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 bathresidues from oilbaths frommetal heattreating operations where cyanides are used in theprocess. Spent cyanide solutions from saltbath pot cleaning from metal heattreating operations. Quenching wastewatertreatment 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 ormanufacturing use (as a reactant, chemical intermediate, orcomponentin a formulating process) oftri- or tetrachlorophenol, or ofintermediates usedto producetheirpesticide 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-[5-2002CHAPTER 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 ormanufacturing use (as a reactant, chemical intermediate, or component in a fonnulating process) ofpentachlorophenol, or ofintermediates used to produce its derivatives.

Wastes (except wastewater and spent carbon from hydrogen chloridepurification) from the manufacturing use (as areactant, chemical intermediate, or component in a formulating process) oftctra-, penta-, or hexachlorobenzenes under alkaline conditions.

Wastes (except wastewater and spent carbon from hydrogen chloridepurification) fromtheproduction ofmaterials 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 forthe 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 ofcertain chlorinated aliphatic hydrocarbonsby 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~orine** substitution. (This listing does notinclude wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in subdivision [b] or [c] ofthis section.)
Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production ofcertain 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 ofchlorine substitution.

Wastes (except wastewater and spent carbon from hydrogen chloride purification) fromtheproduction ofmaterials 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 derivedfromthese 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 orthermal 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 (exceptthose 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 ofwastewater from wood preserving processes that use creosote and/or pentachlorophenol.
Wastewaters (exceptthose that have not come into contact with process contaminants), processresiduals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include KOOI bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/orpentachlorophenol.
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 thatuse inorganic preservatives containing arsenic

or chromium. This listing does not include KOOI bottom sediment sludge from the treatment ofwastewater from wood preserving processes that use creosote and/orpentachlorophenol.
Petroleum refinery primary oil/water/solids separation sludge; any sludge generated from the gravitational separation of oill water/solids during the storage or treatment ofprocess wastewaters and oily cooling wastewaters from petroleumrefineries. 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 weatherflow. Sludge generated in stormwater units that do notreceive 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) ofthis 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. Thislisting does includeresiduals generated from processing or recycling oil-bearing hazardous secondary materials excluded under section 371.I(e)(l)(xii)(a) ofthis Part, ifthose residuals are to be disposed of. Hazard code 

### (T)

(T)

(T)

(T)



### 01-15-2002CHAPTER 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 petroleumrefineries. Suchwastes include,butarenotlimited 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 treatmentunits as defined in subparagraph (2)(ii) ofthis 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 ofmore than one restricted waste classified as hazardous under this section. (Leachate resulting fromthe disposal ofone ormore ofthe following EPA hazardous wastes and no otherhazardous waste retains its EPA hazardous waste number(s): F020, FOOl, F022, F026, F027, and/orF028.) Hazard code



### (T)

(2) Listing specific definitions:

(i) 

### Forthe purposes ofthe F03? and F038 listings, oil/water/solids is defined as oil and!
or water andJor solids.

(ii) 

### (a) For the purposes ofthe 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; rotatingbiological contactorforthe continuous accelerated biological oxidation ofwastewaters; orhigh-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, enhancebiological activity, and: (1) 

### the units employ aminimum ofsix hppermillion gallons oftreatment volume; and

(2) eitherthe hydraulic retention time ofthe unit is no longerthan five days; or (3) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is ahazardous 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 andtreatment, storage anddisposal facilities mustmaintain, intheir operating orother onsite records, documents and data sufficientto 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 ofF037 and/or F038
were actually generated in the aggressive biological treatmentunit.

11-I5-99 

### 6075 Conservation

### § 

### 371.4 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) (a) Forthe purposes ofthe F03? listing, sludges are considered to be generated at the moment ofdeposition in the unit, where deposition is defined as at least a temporary cessation oflateral particle movement.

(b) Forthe purposes ofthe F038 listing:

(1) sludges are considered to be generated at the moment ofdeposition in the unit, where deposition is defined as at least a temporary cessation oflateral particle movement; and



### (2) 

### floats areconsidered to be 

### generatedat the moment they are formed in the top ofthe unit. (c) 

### Hazardous wastesfrom specificsources. The following solidwastes arelisted hazardous waste from specific sources unless excludedunder section 370.3(a) and (c) ofthis Title andlisted in Appendix 24, 

### infra:

Industryand 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

Bottomsedimentsludge fromthetreatmentofwastewaters from wood preserving processes that use creosote andlor pentachlorophenol.

Wastewater treatment sludge from the production of chrome yellow and orange pigments.
Wastewatertreatment sludge from the production ofmolybdate orange pigments.
Wastewatertreatmentsludge fromtheproduction ofzinc 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 ofiron 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 ofacetaldehyde from ethylene.
Bottom streamfromthe wastewaterstripperin the production of acrylonitrile.
Bottomstreamfromthe acetonitrile column in the production of acrylonitrile.
Bottoms from the acetonitrile purification column in the production ofacrylonitrile. Hazard code



### (T)

(T)

(T)

(T)



### (T)

(T)

(T)



### (T)

(T)

(R.T)

(R.T)

(T)

11·15·99CHAPTER 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 ofbenzyl chloride, Heavy ends or distillation residues from the production of carbon tetrachloride. Heavy ends (still bottoms) from the purification column in the production ofcpichlorohydrin. 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 ofphenol/acetone from curnene.
Distillation light ends from the production ofphthalic anhydride from naphthalene.

Distillation bottoms from the production ofphthalic anhydride from naphthalene.

Distillation bottoms from the production ofnitrobenzene by the nitration ofbenzene. 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 oftrichloroethylene and perchloroethylenc.

Distillation bottoms from aniEne production.

Distillation or fractionation column bottoms from the production ofchlorobenzenes.

Distillation light ends from theproduction ofphthalic 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. Separatedaqueous streamfrom thereactorproductwashing step in the production ofchlorobenzene.

Columnbottoms from product separation fromthe 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 oftoluene.

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 ofdinitrotoluene.

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? Wastewaterfrom the reactorvent gas scrubberin the production ofethylene dibromide via brornination ofethene.

KIIS Spent adsorbent solids from purification ofethylene 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) ofthis 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 ofa container. the inner liner thal prevented contact ofthe 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. Ifany provisionofthis Part orits application to any person orcircumstance is held invalid, the remainder ofthis Part, and the application of those provisions to persons or circumstances otherthan those to which it is held invalid, shaH not be affected thereby.

(j) 

### Requirementsfor 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 listedinthis subdivision are subjectto regulation underSubpart**374~3** ofthis Title:(i) batteries as described in section**374~3.1** (b) ofthis Title; (ii) pesticides as described in section 374-3.l(c) ofthis Title; (iii) thermostats as described in section 374-3.1 (d) ofthis Title; and (iv) lamps as described in section 374-3.1(e) ofthis 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 afterfiling. Amended (d)-(c). 

### § 371.2 Criteria for identifying the characteristics of hazardOUS waste and for listing hazardous wastes. (a) 

### Criteriafor identifying the characteristics of hazardous waste. The commissioner will identify and define a characteristic ofhazardous waste in addition to those characteristics already identified in section 371.3 ofthis Part, upon determining that: (1) a solid waste that exhibits the characteristic may:

(i) cause, or significantly contribute to, an increase in mortality oran 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 ofor 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 ofsolid waste; or

Oi) reasonably detected by generators of solid waste through their knowledge of their waste.

6066 Conservation 07-15-2005CHAPTER 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 ofethylene dibromide in the production ofethylene dibrontide via brornination ofethene.
Distillation bottoms from the production ofalpha- (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 ofbenzyl chloride.) Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric add recovery processes associated withthe production ofalpha- (ormethyl-) 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 of3-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 of3-iodo-2-propynyl n-butylcarbamate.) Bag house dusts and filter/separation solids formthe production ofcarbamates and arbamoyl oximes. (This listingdoes not apply to wastes generated from the manufacture of3-iodo-2·propynyl n-butylcarbamate.) Organics from the treatment ofthiocarbamate 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

Industryand 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 ofethylene dicloride or vinyl chloride monomer (including sludges that result from conuningled ethylene dichloride or vinyl chloride

monomer wastewater and otherwastewater), unless the sludges meet the following conditions: (i) they are disposed of in a subtitle C ornon-hazardous landfill licensed orpennittedby 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 ofthe exclusion set forth above. In doing so, they must provide appropriate documentation (e.g

.. contracts between the generator and the landfill owner/operator, invoices documentingdelivery ofwaste 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.
Wastewatertreatment sludge from the production ofchlordane.
Wastewater and scrub water from the chlorination of cyclopentadiene in the production ofchlordane.
Filtersolids from the filtration ofhexachloro-cyclopemadiene in the production ofchlordane.
Wastewater treatment sludges generated in the production of creosote.
Still bottoms from toluene reclamation distillation in the production ofdisulfoton.
Wastewater treatment sludges from the production of disulfoton. Hazard code 

### (T)

(T)



### (T)

(T)

(T)



### (T)

(T)

(T)

(T)

07-15-1005CHAPTER 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 ofdicthylphos-phorodithioic acid in the production ofphorate.

Wastewater treatment sludge from the production ofphoratc.

Wastewatertreatment sludge from the production oftoxaphene. 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.

Vacuumstripperdischargefrom the chlordane chlorinatorin the production ofchlordane.
Untreated process wastewater from the production of toxaphene.
Untreated wastewaterfrom the production of**2A~D.** Process wastewater (including supernates, filtrates, and washwaters) from the production ofethylenebisdithiocarbamic 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 ofethylenebisdithiocarbamic 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 dryerfrom the production ofmethyl bromide. Spent absorbent and wastewater separator solids from the production ofmethyl bromide. Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g" antimony metal orcrude antimony oxide). Slagfrom the production ofantimonyoxide thatis speculatively accumulated ordisposed, including slag from the production of intennediates (e.g.• antimony metal orcrude 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 ofexplosives. 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

Industryand EPA hazardous waste number K046

K047
Petroleum refining:

K048

K049 KOSO

KOSI
KOS2
KI69

K170

Kl71

KIn

Ironand 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 oflead-based initiating compounds.
Pink/red waterfromTNToperations.

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 petroleumrefining industry.
Tank bottoms (leaded) from the petroleum refining industry.
Crude oil storage tank sediment from petroleum refining operations.
Clarified slurry oil tank sediment and/orin-line filter/separation solids from petroleumrefining operation. Spent hydrotreatingcatalyst frompetroleumrefiningoperations. including guard beds used to desulfurize feeds to othercatalytic reactors (this listing does not includeinert 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 ofprocess 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)

07-15-2005CHAPTER 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 ofemission 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 Wastewatertreatment 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 ororgano-arsenic compounds.
Residue from the use ofactivated 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 ofinkfrom pigments, driers, soaps, and stabilizers containing chromium and lead.

Ammonia stil1lime sludge fromcoking operations.
Decantertank tarsludge from coking operations.
Processresidues from therecovery ofcoal tar, including, but not limited to, collecting sumpresidues fromthe productionofcoke 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).
Tarstorage tankresidues from the production ofcoke from coal

orfrom the recovery ofcokeby-products produced from coal.
Process residues from the recovery oflight oil, including. but not limited to, those generaled in stills. decanters, and wash oil recovery units from the recovery ofcokeby-products produced from coal.
Wastewatersump residues from light oil refining. including. but not limited to. intercepting orcontamination sump sludges from the recovery ofcoke by-products produced from coal.
Residues from naphthalene collection and recovery operations from the recovery ofcokeby-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 tankresidues from coal tarrefining.
Residues from coal tar distillation, including but not limited to, still bottoms. Hazard code (T) (T)

(d) 

### Discarded commercial chemicalproducts, off-specification species, container residues. 

### andspill 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) ofthis Part, when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression orroad treatment, when they are otherwise appliedto the land in lieu oftheiroriginal 

### intended use or when they are contained in products that are applied to the land in lieu oftheir original intended use, or when, in lieu oftheir original intended use, they are produced for use as (or as a component ot) afuel, distributed for use as a fuel, orburned as a fuel: (1) any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraph (5) or (6) ofthis subdivision;

(2) any off-specification commercial chemical product or manufacturing chemical intermediate which, ifit met specifications, would have the generic name listed in paragraph (5) or (6) ofthis subdivision;

(3) any residue remaining in a container orinner linerremoved 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 acontainerorinnerlinerremoved from acontainerthathas 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) ofthis subdivision, unless the containeris empty as defined in section 371.1 (h)(2) ofthis Part.

Note: Unless the residue is being beneficially used orreused. orlegitimately recycled or reclaimed, or being accumulated, stored, transported or treated priorto such use, reuse, recycling or reclamation, EPA and the department consider the residue to be intended for discard, and thus, a hazardous waste. An exampleofalegitimatereuse ofthe residue would be where the residue remains in the container and the containeris used to hold the same commercial chemical productormanufacturing chem+ ical intermediate it previously held. An example ofthe discard ofthe 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 ahazardous waste. All waste resulting from the aqueous rinsing orcleansing ofthe containerorinnerlineris ahazardous waste unless exempt pursuant to section 371.1(d)(l)(ii)(d)(4). 

### (4) any residue orcontaminated soil, water or otherdebris resulting from the cleanup ofa 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) ofthis subdivision, or any residue or contaminated soil, water or otherdebris resulting from the cleanup ofa spill. into or on any land or water, ofany off·specification chemical product or manufacturing chemical intermediate which, ifit met specifications. would have the generic name listed in paragraph (5) or (6) ofthis subdivision.

Note: The phrase "commercial chemical product or manufacruring chemical intermediate having the generic name listed in

..." refers to achemical substance which is manufactured or formulated for commercial or manufacturing use which consists ofthe commercially pure grade of

6084 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 

### 371.4

the chemical, any technical grades ofthe 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 ofthe 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) ofthis section, orwill be identified as a hazardous waste bythe 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: Forthe convenienceofthe regulated community theprimary hazardous properties ofthe materials have been indicated by the letters T [Toxicity], andR [Reactivity]. Absence ofaletterindicatesthatthecompound only is listed for acute toxicity, 

### These wastes and theircorresponding 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 abstractsNo.

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 ASZ 0 5 Arsenic pentoxide

6084.t ConservationCHAPTER 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, phenylAziridineAziridine,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 greaterthan 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 abstractsNo. 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

01-15-2002CHAPTER 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, trichloro**6,9~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 NO z 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, tetraethylPotassiumcyanide Potassiumcyanide K(CI\l Potassium silvercyanide 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

01-15-2002CHAPTER 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) Sodiumazide Sodium cyanide Sodium cyanide Na(CN) Strychnidin-lO-one, & saltsStrychnidin-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 [(H2 N)C(S)] 2NH Thiophenol Thiosemicarbazide Thiourea, (2-chlorophenyl)-'Thiourea,l-naphthalenylThiourea,**phenyl~** Tirpate Toxaphene Trichloromethanethiol Vanadic acid, ammonium salt Vanadium oxide V205 Vanadiumpentoxide Vinylamine,**N~methyl-N-nitroso** Warfarin, & salts, when present at concentrations greaterthan

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, areidentified as toxic waste (T) unless otherwise designated and are subjectto the small quantity generatorexclusion defined in section 371.1 CDC1) and (7) ofthis Part. (Note: For the convenience oftheregulatedcommunity, theprimary hazardous properties ofthese materi

### als have been indicated by 

### the letters T [Toxicity], R [Reactivity], I [Ignitability] and C [Corrosivity]. Absence ofa letter indicates that the compound is only listed for toxicity. These wastes andtheir 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-yl** Acetic 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-hexahydro**8a~ 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]anthraceneBenz[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

01-15-2002CHAPTER 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)-alpha**

hydroxy-, 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 carbamateI,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 of0.3 percent orless Benzo[a]pyrene p-Benzoquinone Benzotrichloride (C,R,T)

01-15-2002 6091 ConservationU031 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

01-15-2002CHAPTER 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 ConservationCHAPTER 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 abstractsNo.

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 64-18-6 110-00-9 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-, dicarbarnateEthanone,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-nitroso10-31-98CHAPTER 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 abs1ractsNo.

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)- NaphthaleneNaphthalene,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

10-31-98CHAPTER IV QUALITY SERVICES 

### § 371.4

EPA hazardous 

### wasteNo, 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 PhenolPhenol,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)~,** methylcarbamatePhenol,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-PropenamideI-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 abstractsNo.

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 Sulfurphosphide (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 abstractsNo.

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-Toluidinehydrochloride 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 presentatconcentrations of0.3

percentorless Xylene (1) Yohimban-16- carboxylic acid, 11,17-dimethoxy-18-[(3,4,

S-trimethoxybenzoyl)oxy]-, methyl ester, (3beta, 16beta, 17a1pha, 18beta, 20alpha)- Zinc phosphideZn3P2, when presentatconcentrations of10

percentorless

ICAS numbergivenforparentcompoundonly.



### 50 parts per million (ppm) by weight (on a dry 

### weightbasis 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) ofthis subdivision and PCB article ained in accordancewith subparagraphs (2)(ii) and(iii) 

### ofthis subdivision.PCB artie atcontainlessthan 50ppmPCBs arenotregulatedas hazardous waste. Oilsin orfro ectricalequipmentwhose PCB concentration is unknown, exceptcircuitbreakers, rec rs and cable, mustbe 

### assumed to containbetween 50 and 500ppmPCB and are listed ardous waste. PCB andPCBs 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) ofthis subdivision astes that may contain PCBs include dielectric fluids, contaminated solvents, was 11, heat transfer fluids, hydraulic fluids, dredge spoils, and material contaminated result ofspills. The hazardous codefor these PCB wastes shallbe 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 ConservationCHAPTER IV QUALITY SERVICES 

### § 371.4



### , be considered to contain more than 1.36 kg (3 lb.) ofdielectric fluid. or whose volumeis between 1,639 and 3,278 cubiccentimeters rna eredto contain less than 1.36 (3 lb.) ofdielectric fluid ifthe 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] ofthis Title) will etermine the concentration ofPCBs, unless a petition for equivalent



## . 

# . . .. 

## . (f) 

### Deletion ofcertain hazardous waste codesfollowing equipment cleaning and replacement. (1) 

### Wastes from wood preserving processes at plants that do not resume orinitiate
use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all ofthe requirements ofparagraphs (2) 

### and (3) ofthis subdivision. These wastes may. however. continue to meet another hazardous waste listing description or may exhibit one ormore ofthehazardous waste characteristics.

(2) 

### Genemtors musteithercleanorreplace all process equipmentthatmay have comeinto contactwith chlorophenolic formulations orconstituents thereof. including, butnotlimitedto, 

### treatment cylinders, sumps, tanks, piping systems. drip pads, fork lifts, and trams, in amanner that minimizes oreliminates the escape ofhazardous waste orconstituents, leachate, contaminateddrippage. orhazardous waste decomposition products to the groundwater, surface water,
or atmosphere. (i) Generators shall do one ofthe following:

(a) 

### prepare and follow an equipment replacementplan and clean equipmentin 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 aftertermination ofuse ofchlorophenolic preservations. (ii) 

### Cleaning requirements.

(a) 

### Prepare and sign a written equipmentcleaning plan that describes:

(1) 

### the equipmenttobe cleaned; (2) 

### how the equipmentwill be cleaned; (3) 

### the solventtobe used in cleaning; (4) 

### how solventrinses will betested; and (5) 

### how cleaningresidues will be disposed. (b) 

### Equipmentmustbe cleaned as follows:

(1) 

### remove all visibleresidues from process equipment; and (2) 

### rinse process equipment with an appropriate solvent until dioxins and dibenzofurans 

### are not detected in the final solventrinse. (c) 

### Analytical requirements.

(1) 

### Rinses mustbe 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 generatormustmanage all residues from the cleaningprocess 

### as F032waste. (iii) Replacementrequirements.

(a) 

### Prepare and sign a written equipmentreplacementplan thatdescribes:

(1) 

### the equipmentto bereplaced; (2) 

### how the equipmentwill be replaced; and (3) 

### how the equipmentwill be

### disposed. (b) 

### The generatormust manage the discarded equipment as F032 waste.

01-15-2002 6101 

### Conservation

### § 371.4 TITLE6 ENVIR01'.'MENTAL CONSERVAnON



### (iv) Documentationrequirements.

(a) 

### Documentthatprevious equipmentcleaning andlorreplacementwas performedin accordance with this subdivision and occurred after cessation ofuse ofchlorophenolic preservatives. (3) The generator must maintain the following records documenting the cleaning and replacement as partofthe facility's operatingrecord: (i) the name andaddress ofthe facility; (ii) 

### formulations previously used andthedate on which theiruse ceasedin eachprocess at the plant;

(iii) 

### formulations currently usedin eachprocess at theplant; (iv) the equipment cleaning orreplacementplan; (v) the name and address ofany persons who conductedthe cleaning andreplacement; (vi) the dates on which cleaning and replacement were accomplished; (vii) the dates ofsampling and testing; (viii) a description ofthe sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody ofthe samples;

(ix) a description of the tests performed, the date the tests were performed, and the results ofthetests;

(x) the name and model numbers oftheinstrument(s) used in performing the tests; (xi) QA/QCdocumentation; and (xii) the following statement signed by the generator**o~~** 

### authorizedrepresentative: "I certify under penalty of law that all process equipmellt required to be cleaned or replaced under subdivision (f) 

### ofthis section was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware thatthere are significant penalties for providing false information, including the possibility offine orimprisonment." (g) (ll) 

### [RSoMP'l'Mj 

### (i) Comparable/syngasfuel exclusion. 

### Wastes that meet the following comparablelsyngas fuel requirements are not solid wastes: (1) Comparable fuel specifications.

(i) Physical specifications.

(a) 

### Heating value. Theheating value must exceed 5,000 BTUllbs. (11,500 JIg). (b) 

### Viscosity. The viscosity mustnot exceed: 50cs, as-fired. (ii) 

### Constituent specifications. For compounds listed in table 1 ofthis 'subdivision the specification levels and, where non·detectis the specification, minimumrequired detection limits are: (see table 1 ofthis subdivision). (2) Synthesis gas fuel specification. Synthesis gas fuel (i.e., 

### syngas fuel) thatis generated from hazardous waste must: (i) have a minimumBtu value of 100BtulScf; (ii) 

### contain less than 1 ppmv oftotal halogen; (iii) 

### containless than 300ppmv oftotal nitrogenotherthan diatomic nitrogen (N

### z ); (iv) contain less than 200ppmv ofhydrogen sulfide; and

. (v) containless than 1ppmv ofeach hazardous constituentin the targetlistofAppendix 23, infra 

### constituents.

6102 Conservation 01-15-2002CHAPTER 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] ofthis Title).

(3) Implementation. Waste that meets the comparable or syngas fuel specifications provided 

### by paragraph (1) or (2) ofthis 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] ofthis paragraph) is excluded from the definition ofsolid 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 generatorand 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 generatormust submit aone-timenotice to the regional or StateRCRA and CAA directors in whose jurisdiction the exclusion is being claimed and where the comparable/syngas fuel will beburned, certifyingcompliance withthe conditions ofthe**~xclusion** 

### and providing documentation as required by subclause (3) ofthis 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 ofthe person/facility claiming the exclusion; (ii) 

### the applicable EPA hazardous waste codes for the hazardous waste; (iii) 

### name and address ofthe units, meeting the requirements of subparagraph (ii) ofthis paragraph, that will bum the comparable/syngas fuel; and

(iv) 

### the following statement is signed and submitted by the person claiming the exclusion orhis authorized representative:
"Underpenalty ofcriminal and civil prosecution formaking orsubmitting false slatements, representations. or omissions, I certify that the requirements of6 NYCRR 371.4(i) have been met for all waste identified in this notification. Copies ofthe 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 ofthe individuals immediately responsible for obtaining the infonna· tion. the infonnation is. to the best ofmy knowledge and belief. true. accurate. and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility offine and imprisonment forknowing violations." (b) 

### Public notice. Prior to burning an excluded comparablefsyngas fuel. the burner must publish in a major newspaper ofgeneral 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 ofthe generating facility; (2) name and address ofthe unites) that will burn the comparablelsyngas fuel;

07-15-2005 6103 Conservation

### § 371.4 TITLE 6 ENVIRONMENTAL CONSERVATlON



### (3) 

### a brief. general description ofthe manufacturing, treatment, or other process generating the comparable/syngas fuel;



### (4) 

### an estimate ofthe average and maximum monthly and annual quantity ofthe waste claimed to be 

### excluded; and

(5) 

### name and mailing address ofthe regional or State directors to whom the claim
was submitted. (ii) 

### Burning. The comparable/syngas fuel exclusion for fuels meeting the requirements ofparagraph (J) 

### or(2) ofthis subdivisionand subparagraph 0) ofthis paragraphapplies only 

### ifthe 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 ofthis Title; (b) 

### boilers, as defined in section 370.2 ofthis Title, thatarefurther 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 ofproducts, by mechanical orchemical 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 ofthis Title or applicahle CAA MACT standards. (iii) Blending to 

### meetthe viscosity specification. Ahazardous wasteblended to meet the viscosity specification shall: (a) 

### as generated and prior to any blending. manipulation, or processing meet the constituent and heating value specifications ofclause (1 )(i)(a) 

### and subparagraph (I)(ii) of this subdivision;

(b) 

### be blended at a facility that is subject to the applicable requirements ofSubparts 373-2 and 373-3, or section 372.2(a)(8) ofthis Title; and

(c) 

### not violate the dilution prohibition ofsubparagraph (vi) ofthis paragraph. (iv) Treatment to meet the comparable fuel exclusion specifications.

(a) 

### A hazardous wastemaybetreated to 

### meet the exclusion specifications ofsubparagraphs (I )(i) and (ij) 

### ofthis 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) ofthis Title; and

(3) does not violate the dilution prohibition ofsubparagraph (vi) ofthis paragraph. (b) 

### Residuals resulting from the treatment ofa hazardous waste listed in this section to generate a comparable 

### fuel remain a hazardous waste. (v) Generation ofa syngas fuel.

(a) 

### A syngas fuel can be generated from the processing ofhazardous wastes to meet the exclusion specifications ofparagraph (2) ofthis subdivision provided the processing: (1) 

### destroys or removes the constituent listed in the specification or raises the heating value by removing ordestroying 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) ofthis Title or is an exempt recycling unit pursuant to section 371.1 (g)(3) ofthis Part; and

(3) does not violate the dilution prohibition ofsubparagraph (vi) ofthis paragraph. (b) 

### Residuals resulting from the treatment ofa hazardous waste listed in this section to generate a syngas fuel remain a hazardous waste.

6104 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 371.4

(vi) Dilution prohibition for comparable and syngas fuels. No generator, transporter, handler, or owner or operator ofa treatment, storage, or disposal facility shall in any way dilute a hazardous waste to meet the exclusion specifications ofclause (1)(i)(0),**subpara~** graph (l )(ii) or paragraph (2) ofthis subdivision.

(vii) Waste analysis plans. The generator ofa comparable/syngas fuel shall develop and 

### follow a written waste analysis plan which describes the procedures for sampling and analysis ofthe hazardous waste to be excluded. The waste analysis plan shall be developed in accordance with the applicable sections ofthe "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 aminimum. the plan must specify:

(1) 

### the parameters for which each hazardous waste will be analyzed and the rationale for the selection ofthose parameters;

(2) the test methods which will be used to test for these parameters; (3) the samplingmethodwhich willbeused to obtain arepresentative sampleofthe waste to be analyzed;

(4) the frequency with which the initial analysis ofthe 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 ofthe following:

(1) 

### the dates and times waste samples were obtained, and the dates the samples
were analyzed;

(2) the names and qualifications ofthe person(s) who obtained the samples; (3) a description ofthe temporal and spatial locations ofthe samples; (4) the name and address ofthe laboratory facility at which analyses ofthe samples
were performed:

(5) adescription ofthe 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 ofthe documentation to the claimant upon request. (c) 

### Syngas fuel generators shall submit for approval, prior to perfonning sampling, analysis, or any management ofa syngas fuel as an excluded waste. a waste analysis plan containing the elements ofclause (a) 

### ofthis subparagraph to the appropriate regulatory authority. The approval ofwaste analysis plans must be stated in writing and received by the facility prior to sampling and analysis to 

### demonstrate the exclusion ofa syngas. The approval ofthe 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 ofthe hazardous waste must test for all the constituents on Appendix 23, 

### infra except those that

6lO5 Conservation

### § 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 ofconstituents should not be present: (1) 

### aconstituent that triggered the toxicity characteristic for the waste constituents that werethe basis ofthelisting ofthe waste stream. orconstituents for whichthere is a treatment standard for the waste code in section 376.4(a) ofthis Title;

(2) 

### aconstituent detected in previous analysis ofthe 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 thatconstituent laterbe 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 generatorofthe hazardous waste. thegenerator ofthe 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) ofthis subdivision have been met.

(c) 

### The comparable/syngas fuel generator may use any reliable analytical method to demonstrate that no constituent ofconcern 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 ofthe waste. 

### Forthe waste to beeligible for exclusion, a generator must demonstrate that: (1) 

### each constituent ofconcern is not present in the waste above the specification level at the 95 

### percentupper confidence limit around the mean; and

(2) 

### the analysis could have detectedthe presence ofthe constituent at orbelow 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) ofthis Title, which requires any person who generates a solid waste to determine ifthat waste is a hazardous waste.

(e) 

### In an enforcement action, the burden ofproofto establish conformance with the exclusion specification shall 

### be on the generatorclaiming the exclusion.

(j) 

### The generator must conduct sampling and analysis in accordance with their waste analysis plan developed undersubparagraph (vii) ofthis 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

### acomparable fuel is blended in orderto 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 ofthe waste. (ix) Speculative accumulation. Any persons handling a comparable/syngas fuel are subjectto the speculative accumulation tcst under section 37L

### 1(c)(4)(iv) ofthis Part.



### (x) Records. The generator must maintain records ofthe following information on-site:

6106 

### Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 371.4

(a) all information required to be submitted to the implementing authority as part of the notification ofthe claim: (1) the owner/operator name, address, and RCRA facility 

### ID numberofthe 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 briefdescription ofthe process that generated the hazardous waste and process that generated the excluded fuel. 

### ifnot the same; (c) 

### an estimate ofthe average and maximum monthly and annual quantities ofeach 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) ofthis paragraph;

(e) the results of all analyses and all detection limits achieved as required under subparagraph (viii) ofthis paragraph;

(j) ifthe excludedwaste was generated through treatment orblending. documentation
as required under subparagraph (iii) or (iv) ofthis paragraph;

(g) if the waste is to be shipped off-site. a certification from the burner as required under subparagraph (xii) ofthis paragraph;

(11) a waste analysis plan and theresults ofthe 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 ofthe person(s) who obtained the samples; (3) a description ofthe temporal and spatial locations ofthe samples; (4) the name and address ofthelaboratory facility at which analyses ofthe samples
were performed;

(5) adescription ofthe 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) ifthe 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 ofthe facility receiving the comparable/syngas fuel for burning;

(2) the quantity ofcomparable/syngas fuel shipped and delivered; (3) the date ofshipment or delivery;

07-15-2005 6107 Conservation

### § 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) ofthis 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-yearperiod.



### (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 para

### graph (c)(2) ofthis section;

(b) 

### identifyingthename andaddress oftheunits that willburnthecomparable/syngas fuel; and (c) 

### certifying that the state in which the burner is located is authorized to exclude wastes as comparable/syngas fuel underthe provisions ofthis section. (xiii) Ineligible waste codes. Wastes that are listed because ofpresence ofdioxins 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 afterfiling. Amended (c), (i).

6108 Conservation 07-15-2005