North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-16 - Hazardous waste from nonspecific sources

Current through Supplement No. 393, July, 2024
1. The following solid wastes are listed
				hazardous wastes from nonspecific sources unless they are excluded under
				sections 33-24-01-06 and
				33-24-01-08 and listed in appendix
				VI.
Hazardous Waste No.
Hazardous Waste
Hazard Code
Generic:
F001
The following spent halogenated solvents used in
								degreasing: tetrachloroethylene, trichloroethylene, methylene chloride,
								1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all
								spent solvent mixtures/blends used in degreasing containing, before use, a
								total of ten percent or more (by volume) of one or more of the above
								halogenated solvents or those solvents listed in F002, F004, and F005; and
								still bottoms from the recovery of these spent solvents and spent solvent
								mixtures.
(T)
F002
The following spent halogenated solvents:
								tetrachloroethylene, methylene chloride, trichloroethylene,
								1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane,
								ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethane; all
								spent solvent mixtures/blends containing, before use, a total of ten percent or
								more (by volume) of one or more of the above halogenated solvents or those
								listed in F001, F004, or F005; and still bottoms from the recovery of these
								spent solvents and spent solvent mixtures.
(T)
F003
The following spent nonhalogenated solvents:
								xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl
								ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent
								mixtures/blends containing, before use, only the above spent nonhalogenated
								solvents; and all spent solvent mixtures/blends containing, before use, one or
								more of the above nonhalogenated solvents, and, a total of ten percent or more
								(by volume) of one or more of those solvents listed in F001, F002, F004, and
								F005; and still bottoms from the recovery of these spent solvents and spent
								solvent mixtures.
(I)*
F004
The following spent nonhalogenated solvents:
								cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends
								containing, before use, a total of ten percent or more (by volume) of the above
								nonhalogenated solvents or those solvents listed in F001, F002, and F005; and
								still bottoms from the recovery of these spent solvents and spent solvent
								mixtures.
(T)
F005
The following spent nonhalogenated solvents:
								toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene,
								2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends
								containing, before use, a total of ten percent or more (by volume) of one or
								more of the above nonhalogenated solvents or those solvents listed in F001,
								F002, or F004; and still bottoms from the recovery of these spent solvents and
								spent solvent mixtures.
(I, T)
F006
Wastewater treatment sludges from electroplating
								operations except from the following processes: (1) sulfuric acid anodizing of
								aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis)
								on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5)
								cleaning/stripping associated with tin, zinc, and aluminum plating on carbon
								steel; and (6) chemical etching and milling of aluminum.
(T)
F007
Spent cyanide plating bath solutions from
								electroplating operations.
(R, T)
F008
Plating bath residues from the bottom of plating
								baths from electroplating operations where cyanides are used in the
								process.
(R, T)
F009
Spent stripping and cleaning bath solutions from
								electroplating operations where cyanides are used in the process.
(R, T)
F010
Quenching bath residue from oil baths from metal
								heat treating operations where cyanides are used in the process.
(R, T)
F011
Spent cyanide solutions from salt bath pot cleaning
								from metal heat treating operations.
(R, T)
F012
Quenching wastewater treatment sludges from metal
								heat treating operations where cyanides are used in the process.
(T)
F019
Wastewater treatment 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.
								Wastewater treatment sludges from the manufacturing of motor vehicles using a
								zinc phosphating process will not be subject to this listing at the point of
								generation if the wastes are not placed outside on the land prior to shipment
								to a landfill for disposal and are either:disposed in a subtitle D municipal or
								industrial landfill unit that is equipped with a single clay liner and is
								permitted, licensed or otherwise authorized by the department; or disposed in a
								landfill unit subject to, or otherwise meeting, the landfill requirements in
								40 CFR
								258.40, section
								33-24-05-177, or subsection 5 of
								section 33-24-06-16. For the purposes of
								this listing, motor vehicle manufacturing is defined in paragraph 1 of
								subdivision d of subsection 2, and paragraph 2 of subdivision d of subsection
								2, describes the recordkeeping requirements for motor vehicle manufacturing
								facilities.
(T)
F020
Wastes (except wastewater and spent carbon from
								hydrogen chloride purification) from the production or manufacturing use (as a
								reactant, chemical intermediate, or component in a formulating process) or tri-
								or tetrachlorophenal, or of intermediates used to produce their pesticide
								derivatives. (This listing does not include wastes from the production of
								hexachlorophene from highly purified 2,4,5-trichlorophenol.)
(H)
F021
Wastes (except wastewater and spent carbon from
								hydrogen chloride purification) from the production or manufacturing use (as a
								reactant, chemical intermediate, or component in a formulating process) of
								pentachlorophenol, or of intermediates used to produce its derivatives.
(H)
F022
Wastes (except wastewater and spent carbon from
								hydrogen chloride purification) from the manufacturing use (as a reactant,
								chemical intermediate, or component in a formulating process) of tetra-,
								penta-, or hexachlorobenzenes under alkaline conditions.
(H)
F023
Wastes (except wastewater and spent carbon from
								hydrogen chloride purification) from the production of materials on equipment
								previously used for the production or manufacturing use (as a reactant,
								chemical intermediate, or component in a formulating process) of tri- and
								tetrachlorophenols. (This listing does not include wastes from equipment used
								only for the production or use of hexachlorophene from highly purified
								2,4,5-trichlorophenol.)
(H)
F024
Process wastes, including but not limited to,
								distillation residues, heavy ends, tars, and reactor cleanout wastes, from the
								production of certain chlorinated aliphatic hydrocarbons by free radical
								catalyzed processes. These chlorinated aliphatic hydrocarbons are those having
								carbon chain lengths ranging from one to and including five, with varying
								amounts and positions of chlorine substitution. (This listing does not include
								wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed
								in section
								33-24-02-16 or
								33-24-02-17.
(T)
F025
Condensed light ends, spent filters and filter
								aids, and spent desiccant wastes from the production of certain chlorinated
								aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated
								aliphatic hydrocarbons are those having carbon chain lengths ranging from one
								to and including five, with varying amounts and positions of chlorine
								substitution.
(T)
F026
Wastes (except wastewater and spent carbon from
								hydrogen chloride purification) from the production of materials on equipment
								previously used for the manufacturing use (as a reactant, chemical
								intermediate, or component in a formulating process) of tetra-, penta-, or
								hexachlorobenzene under alkaline conditions.
(H)
F027
Discarded unused formulations containing tri-,
								tetra-, or pentachlorophenol or discarded unused formulations containing
								compounds derived from these chlorophenols. (This listing does not include
								formulations containing hexachlorophene synthesized from prepurified
								2,4,5-trichlorophenol as the sole component).
(H)
F028
Resides resulting from the incineration or thermal
								treatment of soil contaminated with environmental protection agency hazardous
								waste numbers F020, F021, F022, F023, F026, and F027.
(T)
*F032
Wastewaters (except those that have not come into
								contact with process contaminants), process residuals, preservative drippage,
								and spent formulations from wood preserving processes generated at plants that
								currently use or have previously used chlorophenolic formulations (except
								potentially cross-contaminated wastes that have had the F032 waste code deleted
								in accordance with section
								33-24-02-19 or potentially
								cross-contaminated wastes that are otherwise currently regulated as hazardous
								wastes, for example, F034 or F035, and where the generator does not resume or
								initiate use of chlorophenolic formulations). This listing does not include
								K001 bottom sediment sludge from the treatment of wastewater from wood
								preserving processes that use creosote or pentachlorophenol, or both.
(T)
*F034
Wastewaters (except those that have not come into
								contact with process contaminants), process residuals, preservative drippage,
								and spent formulations from wood preserving processes generated at plants that
								use creosote formulations. This listing does not include K001 bottom sediment
								sludge from the treatment of wastewater from wood preserving processes that use
								creosote or pentachlorophenol, or both.
(T)
*F035
Wastewaters (except those that have not come into
								contact with process contaminants), process residuals, preservative drippage,
								and spent formulations from wood preserving processes generated at plants that
								use inorganic preservatives containing arsenic or chromium. This listing does
								not include K001 bottom sediment sludge from the treatment of wastewater from
								wood preserving processes that use creosote or pentachlorophenol, or
								both.
(T)
F037
Petroleum refinery primary oil/water/solids
								separation sludge -Any sludge generated from the gravitational separation of
								oil/water/solids during the storage or treatment of process wastewaters and
								oily cooling wastewaters from petroleum refineries. Such sludges include those
								generated in oil/water/solids separators; tanks and impoundments; ditches and
								other conveyances; sumps; and stormwater units receiving dry weather flow,
								sludge generated in stormwater units that do not receive dry weather flow,
								sludges generated from noncontact once-through cooling waters segregated for
								treatment from other process or oily cooling waters, sludges generated in
								aggressive biological treatment units as defined in subdivision b of subsection
								2 of section
								33-24-02-16 (including sludges
								generated in one or more additional units after wastewaters have been treated
								in aggressive biological treatment units) and K051 wastes are not included in
								this listing. This listing does include residuals generated from processing or
								recycling oil-bearing hazardous secondary materials excluded under paragraph 1
								of subdivision l of subsection 1 of section
								33-24-02-04, if those residuals
								are to be disposed of.
(T)
F038
Petroleum refinery secondary (emulsified)
								oil/water/solids separation sludge - Any sludge and/or float generated from the
								physical and/or chemical separation of oil/water/solids in process wastewaters
								and oily cooling wastewaters from petroleum refineries. Such wastes include all
								sludges and floats generated in: induced air flotation (IAF) units, tanks and
								impoundments, and all sludges generated in dissolved air flotation (DAF) units.
								Sludges generated in stormwater units that do not receive dry weather flow,
								sludges generated from noncontact once-through cooling waters segregated for
								treatment from other process or oily cooling waters, sludges and floats
								generated in aggressive biological treatment units as defined in subdivision b
								of subsection 2 (including sludges and floats generated in one or more
								additional units after wastewaters have been treated in aggressive biological
								treatment units) and F037, K048, and K051 wastes are not included in this
								listing.
(T)
F039
Leachate (liquids that have percolated through land
								disposed wastes) resulting from the disposal of more than one restricted waste
								classified as hazardous under sections
								33-24-02-15 through
								33-24-02-19. (Leachate resulting
								from the disposal of one or more of the following hazardous wastes and no other
								hazardous wastes retains its hazardous waste numbers: F020, F021, F022, F026,
								F027, and/or F028.)
(T)
*(I,T) should be used to specify mixtures that are ignitable
				  and contain toxic constituents.
2. Listing specific definitions:
a. For the purposes of the F037 and F038
				listings, oil/water/solids is defined as oil, water, or solids or any
				combination of them.
b. Aggressive
				biological treatment units are:
(1) For the
				purposes of the F037 and F038 listings, aggressive biological treatment units
				are defined as units which employ one of the following four treatment methods:
				activated sludge; trickling filter; rotating biological contactor for the
				continuous accelerated biological oxidation of wastewaters; or high-rate
				aeration. High-rate aeration is a system of surface impoundments or tanks, in
				which intense mechanical aeration is used to completely mix the wastes, enhance
				biological activity; and
(a) The unit employs
				a minimum of six horsepower per million gallons of treatment volume; and
				either
(b) The hydraulic retention
				time of the unit is no longer than five days; or
(c) The hydraulic retention time is no longer
				than thirty days and the unit does not generate a sludge that is a hazardous
				waste by the toxicity characteristic.
(2) Generators and treatment, storage, and
				disposal facilities have the burden of proving that their sludges are exempt
				from listing as F037 and F038 wastes under this definition. Generators and
				treatment, storage, and disposal facilities must maintain, in their operating
				or other onsite records, documents, and data sufficient to prove that:
(a) The unit is an aggressive biological
				treatment unit as defined in this subsection; and
(b) The sludges sought to be exempted from
				the definitions of F037 or F038, or both, were actually generated in the
				aggressive biological treatment unit.
c. Sludges are:
(1) For the purposes of the F037 listing,
				sludges are considered to be generated at the moment of deposition in the unit,
				where deposition is defined as at least a temporary cessation of lateral
				particle movement.
(2) For the
				purposes of the F038 listing:
(a) Sludges are
				considered to be generated at the moment of deposition in the unit, where
				deposition is defined as at least a temporary cessation of lateral particle
				movement; and
(b) Floats are
				considered to be generated at the moment they are formed in the top of the
				unit.
d. For
				the purposes of the F019 listing, the following apply to wastewater treatment
				sludges from the manufacturing of motor vehicles using a zinc phosphating
				process.
(1) Motor vehicle manufacturing is
				defined to include the manufacture of automobiles, light trucks, and utility
				vehicles (including light duty vans, pickup trucks, minivans, and sport utility
				vehicles). Facilities must be engaged in manufacturing complete vehicles (body
				and chassis or unibody) or chassis only.
(2) Generators must maintain in their onsite
				records documentation and information sufficient to prove that the wastewater
				treatment sludges to be exempted from the F019 listing meet the conditions of
				the listing. These records must include: the volume of waste generated and
				disposed of offsite, documentation showing when the waste volumes were
				generated and sent offsite, the name and address of the receiving facility, and
				documentation confirming receipt of the waste by the receiving facility.
				Generators must maintain these documents onsite for no less than three years.
				The retention period for the documentation is automatically extended during the
				course of any enforcement action or as requested by the department.