North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-16 - 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
				33.1-24-01-06 and
				33.1-24-01-08 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 33.1-24-05-177, or subsection 5
						  of section
						  33.1-24-06-16. 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 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 33.1-24-02-16
						  or 33.1-24-02-17.)
(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
Residues 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
						  33.1-24-02-19 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 storm water units receiving dry weather flow,
						  sludge generated in storm water 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 33.1-24-02-16 (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
						  33.1-24-02-04, 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 storm water 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
						  33.1-24-02-15 through
						  33.1-24-02-19. (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.