Ala. Admin. Code r. 335-14-2-.01 - General
(1) Purpose and
scope.
(a)335-14-2 identifies those solid
wastes which are subject to regulation as hazardous wastes under 335-14-3
through 335-14-6, 335-14-8, and 335-14-9 and which are subject to the
notification requirements of Section 3010 of RCRA. In 335-14-2:
1.335-14-2-.01 defines the terms
"solid waste" and "hazardous waste", identifies those wastes which are excluded
from regulation under 335-14-3 through 335-14-9, and establishes special
management requirements for hazardous waste produced by very small quantity
generators and hazardous waste which is recycled.
2.335-14-2-.02 sets forth the
criteria used by the Department to identify characteristics of hazardous waste
and to list particular hazardous wastes.
3.335-14-2-.03 identifies
characteristics of hazardous waste.
4.335-14-2-.04 lists particular
hazardous wastes.
(b)
1. The definition of solid waste contained in
335-14-2 applies only to wastes that also are hazardous for purposes of the
AHWMMA. For example, it does not apply to materials (such as non-hazardous
scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and
that are recycled.
2.335-14-2
identifies only some of the materials which are solid wastes and hazardous
wastes under AHWMMA. A material which is not defined as a solid waste in
335-14-2, or is not a hazardous waste identified or listed in 335-14-2, is
still a solid waste and a hazardous waste for purposes of the applicable
sections of the AHWMMA if the material may be a solid waste within the meaning
of Code of Ala. 1975, §
22-30-3(11), and
a hazardous waste within the meaning of Code of Ala.
1975, §
22-30-3(5).
(c) [Reserved]
(2)
Definition of solid
waste.
(a)
1. A solid waste is any discarded material
that is not excluded by
335-14-2-.01(4)(a)
or that is not excluded by variance granted under
335-14-1-.03(10) or
(11).
2. A "discarded material" is any material
which is:
(i) "Abandoned", as explained in
335-14-2-.01(2)(b);
or
(ii) "Recycled", as explained in
335-14-2-.01(2)(c);
or
(iii) Considered "inherently
waste-like", as explained in
335-14-2-.01(2)(d);
or
(iv) A "military munition"
identified as a solid waste in
335-14-7-.13(3).
(b) Materials are solid wastes if they are
"abandoned" by being:
1. Disposed of;
or
2. Burned or incinerated;
or
3. Accumulated, stored, or
treated (but not recycled) before or in lieu of being abandoned by being
disposed of, burned, or incinerated; or
4. Sham recycled, as explained in
335-14-2-.01(2)(g).
(c) Materials are solid wastes if they are
"recycled", or accumulated, stored, or treated before recycling, as specified
in 335-14-2-.01(2)(c)1.
through 4.:
1. "Used in a manner constituting
disposal".
(i) Materials noted with a "*" in
column 1 of Table 1 are solid wastes when they are:
(I) Applied to or placed on the land in a
manner that constitutes disposal; or
(II) Used to produce products that are
applied to or placed on the land or are otherwise contained in products that
are applied to or placed on the land (in which cases the product itself remains
a solid waste).
(ii)
However, commercial chemical products listed in
335-14-2-.04(4)
are not solid wastes if they are applied to the land and that is their ordinary
manner of use;
2.
"Burning for energy recovery".
(i) Materials
noted with a "*" in column 2 of Table 1 are solid wastes when they are:
(I) Burned to recover energy;
(II) Used to produce a fuel or are otherwise
contained in fuels (in which cases the fuel itself remains a solid
waste);
(III) Contained in fuels
(in which case the fuel itself remains a solid waste);
(ii) However, commercial chemical products
listed in
335-14-2-.04(4)
are not solid wastes if they are themselves fuels;
3. "Reclaimed". Materials noted with a "-" in
column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with a
"*" in column 3 of Table 1 are solid wastes when reclaimed unless they meet the
requirements of
335-14-2-.01(4)(a)17.,
335-14-2-.01(4)(a)23.,
335-14-2-.01(4)(a)24.,
or 335-14-2-.01(4)(a)27.
4. "Accumulated speculatively".
Materials noted with a "*" in column 4 of Table 1 are solid wastes when
accumulated speculatively.
Table 1
|
Use constituting disposal 335-14-2-.01(2)(c)1. |
Energy/ recovery fuel 335-14-2-.01(2)(c)2. |
Reclamation 335-14-2-.01(2)(c)3., (except as provided in 335-14-2-.01(4)(a)17., 335-14-2-.01(4)(a)23., 335-14-2-.01(4)(a)24., or 335-14-2-.01(4)(a)27. |
Speculative accumulation 335-14-2-.01(2)(c)4. |
|
|
1 |
2 |
3 |
4 |
|
|
Spent Materials |
(*) |
(*) |
(*) |
(*) |
|
Sludges (listed in 335-14-2-.04(2) or (3)) |
(*) |
(*) |
(*) |
(*) |
|
Sludges exhibiting a characteristic of hazardous waste |
(*) |
(*) |
- - - - |
(*) |
|
By-products (listed in 335-14-2-.04(2) or (3)) |
(*) |
(*) |
(*) |
(*) |
|
By-products exhibiting a characteristic of hazardous waste |
(*) |
(*) |
- - - - |
(*) |
|
Commercial chemical products listed in 335-14-2-.04(4) |
(*) |
(*) |
- - - - |
- - - - |
|
Scrap metal that is not excluded under 335-14-2-.01(4)(a)13. |
(*) |
(*) |
(*) |
(*) |
Note: The terms "spent materials", "sludges", "by-products", "scrap metal", and "processed scrap metal" are defined in 335-14-1-.02.
(d) "Inherently
waste-like materials". The following materials are solid wastes when they are
recycled in any manner:
1. Hazardous Waste
Nos. F020, F021 (unless used as an ingredient to make a product at the site of
generation), F022, F023, F026, and F028.
2. Secondary materials fed to a halogen acid
furnace that exhibit a characteristic of a hazardous waste or are listed as a
hazardous waste as defined in
335-14-2-.03 and
335-14-2-.04 except for
brominated material that meets the following criteria:
(i) The material must contain a bromine
concentration of at least 45%; and
(ii) The material must contain less than a
total of 1% of toxic organic compounds listed in 335-14-2 -Appendix VIII;
and
(iii) The material is processed
continually on-site in the halogen acid furnace via direct conveyance (hard
piping).
3. The
Department will use the following criteria to add wastes to that list:
(i)
(I) The
materials are ordinarily disposed of, burned, or incinerated; or
(II) The materials contain toxic constituents
listed in 335-14-2-Appendix VIII and these constituents are not ordinarily
found in raw materials or products for which the materials substitute (or are
found in raw materials or products in smaller concentrations) and are not used
or reused during the recycling process ; and
(ii) The material may pose a substantial
hazard to human health and the environment when recycled.
(e) "Materials which are not solid
wastes when recycled".
1. Materials are not
solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an
industrial process to make a product, provided the materials are not being
reclaimed; or
(ii) Used or reused
as effective substitutes for commercial products.
(iii) Returned to the original process from
which they are generated, without first being reclaimed or land disposed. The
material must be returned as a substitute for feed stock 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. In cases where the materials are generated and reclaimed within the
primary mineral processing industry, the conditions of the exclusion found at
335-14-2-.01(4)(a)17.
apply rather than this provision.
2. The following materials are solid wastes,
even if the recycling involves use, reuse, or return to the original process
(described in
335-14-2-.01(2)(e)1.(i) to
(e)1.(iii)):
(i) Materials used in a manner constituting
disposal, or used to produce products that are applied to the land;
or
(ii) Materials burned for energy
recovery, used to produce a fuel or contained in fuels; or
(iii) Materials accumulated speculatively;
or
(iv) Materials listed in
335-14-2-.01(2)(d)1.
and 2.
(f)
"Documentation of claims that materials are not solid wastes or are
conditionally exempt from regulation". Respondents in actions to enforce rules
and regulations implementing the AHWMMA who raise a claim that a certain
material is not a solid waste, or is conditionally exempt from regulation, must
demonstrate that there is a known market or disposition for the material and
that they meet the terms of the exclusion or exemption . In doing so, they must
provide appropriate documentation (such as contracts showing that a second
person uses the material as an ingredient in a production process ) to
demonstrate that the material is not a waste, or is exempt from regulation. In
addition, owners or operators of facilities claiming that they actually are
recycling materials must show that they have the necessary equipment to do
so.
(g) "Sham recycling". A
harazadous secondary material found to be sham recycled is considered discarded
and a solid waste. Sham recycling is recycling that is not legitimate recycling
as defined in
335-14-1-.03(23).
(3)
Definition of hazardous
waste.
(a) A solid waste, as
defined in
335-14-2-.01(2),
is a hazardous waste if:
1. It is not
excluded from regulation as a hazardous waste under
335-14-2-.01(4)(b);
and
2. It meets any of the
following criteria:
(i) It exhibits any of
the characteristics of hazardous waste identified in
335-14-2-.03. However, any
mixture of a waste from the extraction, beneficiation, and processing of ores
and minerals excluded under
335-14-2-.01(4)(b)7.
and any other solid waste exhibiting a characteristic of hazardous waste under
335-14-2-.03 is a hazardous waste
only if it exhibits a characteristic that would not have been exhibited by the
excluded waste alone if such mixture had not occurred, or if it continues to
exhibit any of the characteristics exhibited by the non-excluded wastes prior
to mixture. Further, for the purposes of applying the Toxicity Characteristic
to such mixtures, the mixture is also a hazardous waste if it exceeds the
maximum concentration for any contaminant listed in Table I of
335-14-2-.03(5)
that would not have been exceeded by the excluded waste alone if the mixture
had not occurred or if it continues to exceed the maximum concentration for any
contaminant exceeded by the nonexempt waste prior to mixture.
(ii) It is listed in
335-14-2-.04 and has not been
excluded from the lists in
335-14-2-.04 under
335-14-1-.03(2);
(iii) Reserved.
(iv) It is a mixture of solid waste and one
or more hazardous wastes listed in
335-14-2-.04 and has not been
excluded from
335-14-2-.01(3)(a)2.
under 40 CFR
260.20 and
335-14-1-.03(2),
335-14-2-.01(3)(g),
or 335-14-2-.01(3)(h);
however, the following mixtures of solid wastes and hazardous wastes listed in
335-14-2-.04 are not hazardous
wastes (except by application of
335-14-2-.01(3)(a)2.(i) or
(a)2.(ii)) if the generator can demonstrate
that the mixture consists of wastewater, the discharge of which is subject to
regulation under either Section 402 or Section 307(b) of the Clean Water Act
(including wastewater at generators which have eliminated the discharge of
wastewater), and:
(I) One or more of the
following spent solvents listed in
335-14-2-.04(2)
- benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the
scrubber waters derived-from the combustion of these spent solvents - provided
that the maximum total weekly usage of these solvents (other than the amounts
that can be demonstrated not to be discharged to wastewater) divided by the
average weekly flow of wastewater into the headworks of the facility's
wastewater treatment or pretreatment system does not exceed one part per
million or the total measured concentration of these solvents entering the
headworks of the facility's wastewater treatment system (at facilities subject
to regulation under the Clean Air Act , as amended, at 40 CFR parts 60, 61, or
63, or at facilities subject to an enforceable limit in a federal operating
permit that minimizes fugitive emissions ), does not exceed 1 part per million
on an average weekly basis. Any facility that uses benzene as a solvent and
claims this exemption must use an aerated biological wastewater treatment
system and must use only lined surface impoundments or tanks prior to secondary
clarification in the wastewater treatment system. Facilities that choose to
measure concentration levels must file a copy of their sampling and analysis
plan with the State Director ("Director " as defined in
335-14-1-.02). A facility must
file a copy of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The sampling and
analysis plan must include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
Director . The Director may reject the sampling and analysis plan if he/she
finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; or
(II) One or more of the following spent
solvents listed in
335-14-2-.04(2)
-methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene,
cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents,
2-ethoxyethanol, or the scrubber waters derived-from the combustion of these
spent solvents - provided that the maximum total weekly usage of these solvents
(other than the amounts that can be demonstrated not to be discharged to
wastewater) divided by the average weekly flow of wastewater into the headworks
of the facility's wastewater treatment or pretreatment system does not exceed
25 parts per million or the total measured concentration of these solvents
entering the headworks of the facility's wastewater treatment system (at
facilities subject to regulation under the Clean Air Act as amended, at 40 CFR
parts 60, 61, or 63, or at facilities subject to an enforceable limit in a
federal operating permit that minimizes fugitive emissions ), does not exceed 25
parts per million on an average weekly basis. Facilities that choose to measure
concentration levels must file a copy of their sampling and analysis plan with
the State Director , ("Director " as defined in
335-14-1-.02). A facility must
file a copy of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The sampling and
analysis plan must include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
Director . The Director may reject the sampling and analysis plan if he/she
finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; or
(III) One of the following wastes listed in
335-14-2-.04(3),
provided that the wastes are discharged to the refinery oil recovery sewer
before primary oil/water/solids separation -heat exchanger bundle cleaning
sludge from the petroleum refining industry (EPA Hazardous Waste Number K050),
crude oil storage tank sediment from petroleum refining operations (EPA
Hazardous Waste Number K169), clarified slurry oil tank sediment and/or in-line
filter/separation solids from petroleum refining operations (EPA Hazardous
Waste Number K170), spent hydrotreating catalyst (EPA Hazardous Waste Number
K171), and spent hydrorefining catalyst (EPA Hazardous Waste Number K172);
or
(IV) A discarded hazardous
waste, commercial chemical product, or chemical intermediate listed in
335-14-2-.04(2) through
(4), arising from de minimis losses of these
materials. For purposes of
335-14-2-.04, "deminimis" losses
are inadvertent releases to a wastewater treatment system, including those from
normal material handling operations (e.g. spills from the unloading or transfer
of materials from bins or other containers, leaks from pipes, valves or other
devices used to transfer materials); minor leaks of process equipment, storage
tanks or containers; leaks from well maintained pump packings and seals; sample
purgings; relief device discharges, discharges from safety showers and rinsing
and cleaning of personal safety equipment; and rinsate from empty containers or
from containers that are rendered empty by that rinsing. Any manufacturing
facility that claims an exemption for de minimis quantities of wastes listed in
335-14-2-.04(2) through
(3), or any nonmanufacturing facility that
claims an exemption for de minimis quantities of wastes listed in
335-14-2-.04 must either have
eliminated the discharge of wastewaters or have included in its Clean Water Act
permit application or submission to its pretreatment control authority the
constituents for which each waste was listed (335-14-2-Appendix VII); and the
constituents in the table "Treatment Standards for Hazardous Wastes" in
335-14-9-.04(1)
for which each waste has a treatment standard (i.e., Land Disposal Restriction
constituents). A facility is eligible to claim the exemption once the permit
writer or control authority has been notified of possible de minimis releases
via the Clean Water Act permit application or the pretreatment control
authority submission. A copy of the Clean Water permit application or the
submission to the pretreatment control authority must be placed in the
facility's on-site files; or
(V)
Wastewater resulting from laboratory operations containing toxic (T) wastes
listed in
335-14-2-.04, provided that the
annualized average flow of laboratory wastewater does not exceed one percent of
total wastewater flow into the headworks of the facility's wastewater treatment
or pretreatment system, or provided the wastes combined annualized average
concentration does not exceed one part per million in the headworks of the
facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used
in laboratories that are demonstrated not to be discharged to wastewater are
not to be included in this calculation; or
(VI) One or more of the following wastes
listed in
335-14-2-.04(3)
- wastewaters from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K157) - provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and triethylamine (including
all amounts that cannot be demonstrated to be reacted in the process , destroyed
through treatment, or is recovered, i.e., what is discharged or volatilized)
divided by the average weekly flow of process wastewater prior to any dilution
into the headworks of the facility's wastewater treatment system does not
exceed a total of 5 parts per million by weight or the total measured
concentration of these chemicals entering the headworks of the facility's
wastewater treatment system (at facilities subject to regulation under the
Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
subject to an enforceable limit in a federal operating permit that minimizes
fugitive emissions ), does not exceed 5 parts per million on an average weekly
basis. Facilities that choose to measure concentration levels must file a copy
of their sampling and analysis plan with the State Director ("Director " as
defined in
335-14-1-.02). A facility must
file a copy of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The sampling and
analysis plan must include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
Director . The Director may reject the sampling and analysis plan if he/she
finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; or
(VII) Wastewaters derived from the treatment
of one of more of the following wastes listed in
335-14-2-.04(3)
- organic waste (including heavy ends, still bottoms, light ends, spent
solvents, filtrates, and decantates) from the production of carbamates and
carbamoyl oximes (EPA Hazardous Waste No. K156) - provided, that the maximum
concentration of formaldehyde, methyl chloride, methylene chloride, and
triethylamine prior to any dilutions into the headworks of the facility's
wastewater treatment system does not exceed a total of 5 milligrams per liter
or the total measured concentration of these chemicals entering the headworks
of the facility's wastewater treatment system (at facilities subject to
regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63,
or at facilities subject to an enforceable limit in a federal operating permit
that minimizes fugitive emissions ), does not exceed 5 milligrams per liter on
an average weekly basis. Facilities that choose to measure concentration levels
must file a copy of their sampling and analysis plan with the State Director
("Director " as defined in 40
CFR 270.2). A facility must file a copy of a
revised sampling and analysis plan only if the initial plan is rendered
inaccurate by changes in the facility's operations. The sampling and analysis
plan must include the monitoring point location (headworks), the sampling
frequency and methodology, and a list of constituents to be monitored. A
facility is eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
Director . The Director may reject the sampling and analysis plan if he/she
finds that, the sampling and analysis plan fails to include the above
information; or the plan parameters would not enable the facility to calculate
the weekly average concentration of these chemicals accurately. If the Director
rejects the sampling and analysis plan or if the Director finds that the
facility is not following the sampling and analysis plan, the Director shall
notify the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected.
(v) Rebuttable presumption for used oil. Used
oil containing more than 1000 ppm total halogens is presumed to be a hazardous
waste because it has been mixed with halogenated hazardous waste listed in
335-14-2-.04. Persons may rebut
this presumption by demonstrating that the used oil does not contain hazardous
waste (for example, to show that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in
335-14-2-Appendix VIII.)
(I) The rebuttable
presumption does not apply to metalworking oils/fluids containing chlorinated
paraffins, if they are processed, through a tolling agreement, to reclaim
metalworking oils/ fluids. The presumption does apply to metalworking
oils/fluids if such oils/fluids are recycled in any other manner, or
disposed.
(II) The rebuttable
presumption does not apply to used oils contaminated with chlorofluorocarbons
(CFCs) removed from refrigeration units where the CFCs are destined for
reclamation. The rebuttable presumption does apply to used oils contaminated
with CFCs that have been mixed with used oil from sources other than
refrigeration units.
(b) A solid waste which is not excluded from
regulation under
335-14-2-.01(3)(a)1.
becomes a hazardous waste when any of the following events occur:
1. In the case of a waste listed in
335-14-2-.04, when the waste
first meets the listing description set forth in
335-14-2-.04;
2. In the case of a mixture of solid waste
and one or more listed hazardous wastes, when a hazardous waste listed in
335-14-2-.04 is first added to
the solid waste;
3. In the case of
any other waste (including a waste mixture), when the waste exhibits any of the
characteristics identified in
335-14-2-.03.
(c) Unless or until it meets the criteria of
335-14-2-.01(3)
(d):
1. A
hazardous waste will remain a hazardous waste;
2.
(i)
Except as otherwise provided in
335-14-2-.01(2)(c)2.(ii),
335-14-2-.01(3)(g),
or 335-14-2-.01(3)(h),
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 run-off) is a hazardous
waste (However, materials that are reclaimed from solid wastes and that are
used beneficially are not solid wastes and hence are not hazardous wastes under
this provision unless the reclaimed material is burned for energy recovery or
used in a manner constituting disposal.);
(ii) The following solid wastes are not
hazardous even though they are generated from the treatment, storage, or
disposal of hazardous waste, unless they exhibit one or more of the
characteristics of hazardous waste:
(I) Waste
pickle liquor sludge generated by lime stabilization of spent pickle liquor
from the iron and steel industry (SIC codes 331 and 332).
(II) Waste from burning any of the materials
exempted from regulation by
335-14-2-.01(6)(a)3.(iii) through
(iv).
(III)
I.
Nonwastewater residues, such as slag, resulting from high temperature metals
recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as
rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag
reactors, rotary hearth furnace/electric furnace combinations or industrial
furnaces [as defined in
335-14-1-.02(1)],
that are disposed in Subtitle D unit(s) (which are in compliance with the
applicable requirements of ADEM Administrative Code Division 335-13, Solid
Waste Program Rules, and which are authorized to receive such wastes), provided
that these residues meet the generic exclusion levels identified in the tables
in 335-14-2-.01(3)(c)
for all constituents, and exhibit no characteristics of hazardous waste.
Testing requirements must be incorporated in a facility's waste analysis plan
or a generator's selfimplementing waste analysis plan; at a minimum, composite
samples of residues must be collected and analyzed quarterly and/or when the
process or operation generating the waste changes .
Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.
|
Constituent |
Maximum for any single composite sample--TCLP (mg/l) |
|
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues |
|
|
Antimony |
0.10 |
|
Arsenic |
0.50 |
|
Barium |
1.7 |
|
Beryllium |
0.0110 |
|
Cadmium |
0.050 |
|
Chromum (total) |
0.33 |
|
Lead |
0.15 |
|
Mercury |
0.009 |
|
Nickel |
1.0 |
|
Selenium |
0.16 |
|
Silver |
0.30 |
|
Thallium |
0.020 |
|
Zinc |
70 |
|
Generic exclusion levels for F006 nonwastewater HTMR residues |
|
|
Antimony |
0.10 |
|
Arsenic |
0.50 |
|
Barium |
7.6 |
|
Beryllium |
0.010 |
|
Cadmium |
0.050 |
|
Chromium (total) |
0.33 |
|
Generic exclusion levels for F006 nonwastewater HTMR residues |
|
|
Cyanide (total) (mg/kg) |
1.8 |
|
Lead |
0.15 |
|
Mercury |
0.009 |
|
Nickel |
1.0 |
|
Selenium |
0.16 |
|
Silver |
0.30 |
|
Thallium |
0.020 |
|
Zinc |
70 |
II. A
one-time notification and certification must be placed in the facility's files
and sent to EPA Region 4 and the Department for K061, K062 or F006 HTMR
residues that meet the generic exclusion levels for all constituents and do not
exhibit any characteristics that are sent to Subtitle D unit(s) regulated
pursuant to Division 335-13 Rules. The notification and certification that is
placed in the generator's or treater's files must be updated if the process or
operation generating the waste changes and/or if the Subtitle D unit receiving
the waste changes . However, the generator or treater need only notify EPA
Region 4 and the Department on an annual basis if such changes occur. Such
notification and certification should be sent to EPA Region 4 and the
Department by the end of the calendar year, but no later than December 31. The
notification must include the following information: The name and address of
the Subtitle D unit(s) regulated pursuant to Division 335-13 Rules receiving
the waste shipments; the EPA Hazardous Waste Number(s) and treatability
group(s) at the initial point of generation; and, the treatment standards
applicable to the waste at the initial point of generation. The certification
must be signed by an authorized representative and must state as follows: "I
certify under penalty of law that the generic exclusion levels for all
constituents have been met without impermissible dilution and that no
characteristic of hazardous waste is exhibited. I am aware that there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment."
(IV) Biological treatment sludge from the
treatment of one of the following wastes listed in
335-14-2-.04(3)
- organic waste (including heavy ends, still bottoms, light ends, spent
solvents, filtrates, and decantates) from the production of carbamates and
carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the
production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
K157).
(V) Catalyst inert support
media separated from one of the following wastes listed in
335-14-2-.04(3)
--Spent hydrotreating catalyst (EPA Hazardous Waste Number K171), and spent
hydrorefining catalyst (EPA Hazardous Waste Number
K172).
(d) Any solid waste described in
335-14-2-.01(3)(c)
is not a hazardous waste if it meets the following criteria:
1. In the case of any solid waste, it does
not exhibit any of the characteristics of hazardous waste identified in
335-14-2-.03. (However, wastes
that exhibit a characteristic at the point of generation may still be subject
to the requirements of 335-14-9, even if they no longer exhibit a
characteristic at the point of land disposal.)
2. In the case of a waste which is a listed
waste under
335-14-2-.04, contains a waste
listed under
335-14-2-.04 or is derived from a
waste listed in
335-14-2-.04, it also has been
excluded from
335-14-2-.01(3)(c)
under 335-14-1-.03(2).
(e) [Reserved]
(f) Notwithstanding
335-14-2-.01(3)(a) through
(d) and provided the debris as defined in
335-14-9 does not exhibit a characteristic identified in
335-14-2-.03, the following
materials are not subject to regulation under 335-14-1 through 335-14-9:
1. Hazardous debris as defined in 335-14-9
that has been treated using one of the required extraction or destruction
technologies specified in
335-14-9-.04(6)
[see Table 1, 40 CFR
268.45] ; 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
2. Debris as defined in 335-14-9
that the Department , considering the extent of contamination, has determined is
no longer contaminated with hazardous waste.
(g)
1. A
hazardous waste that is listed in
335-14-2-.04 solely because it
exhibits one or more characteristics of ignitability as defined under
35-14-2-.03(2), corrosivity as defined under
335-14-2-.03(3),
or reactivity as defined under
335-14-2-.03(4)
is not a hazardous waste, if the waste no longer exhibits any characteristic of
hazardous waste identified in
335-14-2-.03.
2. The exclusion described in
335-14-2-.01(3)(g)1.
also pertains to:
(i) Any mixture of a solid
waste and a hazardous waste listed in
335-14-2-.04 solely because it
exhibits the characteristics of ignitability, corrosivity, or reactivity as
regulated under
335-14-2-.01(3)(a)2.(iv);
and
(ii) Any solid waste generated
from treating, storing, or disposing of a hazardous waste listed in
335-14-2-.04 solely because it
exhibits the characteristics of ignitability, corrosivity, or reactivity as
regulated under
335-14-2-.01(3)(c)2.(i).
3. Wastes excluded under
335-14-2-.01(3)
are subject to 335-14-9 (as applicable), even if they no longer exhibit a
characteristic at the point of land disposal.
4. Any mixture of a solid waste excluded from
regulation under
335-14-2-.01(4)(b)7.
and a hazardous waste listed in
335-14-2-.04 solely because it
exhibits one or more of the characteristics of ignitability, corrosivity, or
reactivity as regulated under
335-14-2-.01(3)(a)2.(iv)
is not a hazardous waste, if the mixture no longer exhibits any characteristic
of hazardous waste identified in
335-14-2-.03 for which the
hazardous waste listed in
335-14-2-.04 was
listed.
(h)
1. Hazardous waste containing radioactive
waste is no longer a hazardous waste when it meets the eligibility criteria and
conditions of
335-14-7-.14 ("eligible
radioactive mixed waste").
2. The
exemption described in
335-14-2-.01(3)(h)1.
also pertains to:
(i) Any mixture of a solid
waste and an eligible radioactive mixed waste; and
(ii) Any solid waste generated from treating,
storing, or disposing of an eligible radioactive mixed waste.
3. Waste exempted under
335-14-2-.01(3)
must meet the eligibility criteria and specified conditions in
335-14-7-.14(3)
and 335-14-7-.14(4)
(for storage and treatment) and in
335-14-7-.14(12)
and 335-14-7-.14(13)
(for transportation and disposal). Waste that fails to satisfy these
eligibility criteria and conditions is regulated as hazardous
waste.
(4)
Exclusions.
(a) "Materials which are not
solid wastes". The following materials are not solid wastes for the purpose of
335-14-2:
1.
(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other
wastes that passes through a sewer system to a publicly-owned treatment works
for treatment, except as prohibited by
335-14-7-.16(5)
and Clean Water Act requirements at
40 CFR
403.5(b);
2. Industrial wastewater
discharges that are point source discharges subject to regulation under Section
402 of the federal Clean Water Act , as amended. This exclusion applies only to
the actual point source discharge. It does not exclude industrial wastewaters
while they are being collected, stored, or treated before discharge, nor does
it exclude sludges that are generated by industrial wastewater
treatment;
3. Irrigation return
flows;
4. Source , special nuclear
or by-product material as defined by the Atomic Energy Act of 1954, as amended,
42 U.S.C.
2011
et
seq.;
5. Materials
subjected to in-situ mining techniques which are not removed from the ground as
part of the extraction process ;
6.
Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor
recovery furnace and then reused in the pulping process , unless it is
accumulated speculatively as defined in
335-14-1-.02;
7. Spent sulfuric acid used to produce virgin
sulfuric acid, provided it is not accumulated speculatively as defined in
335-14-1-.02(1);
8. 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:
(i) Only tank storage is involved, and the
entire process through completion of reclamation is closed by being entirely
connected with pipes or other comparable enclosed means of
conveyance;
(ii) Reclamation does
not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators):
(iii)
The secondary materials are never accumulated in such tanks for over twelve
months without being reclaimed; and
(iv) The reclaimed material is not used to
produce a fuel, or used to produce products that are used in a manner
constituting disposal.
9.
(i) Spent wood preserving solutions that have
been reclaimed and are reused for their original intended purpose;
and
(ii) Wastewaters from the wood
preserving process that have been reclaimed and are reused to treat
wood.
(iii) Prior to reuse, the
wood preserving wastewaters and spent wood preserving solutions described in
335-14-2-.01(4)(a)9.(i) and
(a)9.(ii), so long as they meet all of the
following conditions:
(I) The wood preserving
wastewaters and spent wood preserving solutions are reused on-site at water
borne plants in the production process for their original intended
purpose;
(II) Prior to reuse, the
wastewaters and spent wood preserving solutions are managed to prevent release
to either land or ground water or both;
(III) 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;
(IV) Any drip pad used to manage the
wastewaters and/or spent wood preserving solutions prior to reuse complies with
the standards in
335-14-6-.23, regardless of
whether the plant generates a total of less than 100 kg/month of hazardous
waste; and
(V) Prior to operating
pursuant to this exclusion, the facility owner or operator prepares a one-time
notification stating that the facility intends to claim the exclusion, giving
the date on which the facility intends to begin operating under the exclusion,
and containing the following language: "I have read the applicable regulation
establishing an exclusion for wood preserving wastewaters and spent wood
preserving solutions and understand it requires me to comply at all times with
the conditions set out in the regulation." The facility must maintain a copy of
that document in its on-site records until closure of the facility. The
exclusion applies so long as the facility meets all of the conditions. If the
facility goes out of compliance with any condition, it may apply to the
Director for reinstatement. Director may reinstate the exclusion upon finding
that the facility has returned to compliance with all conditions and that the
violations are not likely to recur.
10. EPA Hazardous Waste Nos. K060, K087,
K141, K142, K143, K144, K145, K147, and K148 and any wastes from the coke
by-products processes that are hazardous only because they exhibit the Toxicity
Characteristic specified in
335-14-2-.03(5),
when, subsequent to generation, these materials are recycled to coke ovens, to
the tar recovery process as a feedstock to produce coal tar or are mixed with
coal tar prior to the tar's sale or refining. This exclusion is conditioned on
there being no land disposal of the wastes from the point they are generated to
the point they are recycled to coke ovens or tar recovery or refining
processes, or mixed with coal tar.
11. Nonwastewater splash condenser dross
residue from the treatment of K061 in high temperature metals recovery units,
provided it is shipped in drums (if shipped) and not land disposed before
recovery.
12.
(i) Oil-bearing hazardous secondary materials
(i.e., sludges, by-products, or spent materials) that are generated at a
petroleum refinery (SIC code 2911) and are inserted into the petroleum refining
process (SIC code 2911-including, but not limited to, distillation, catalytic
cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the
material is placed on the land, or speculatively accumulated before being so
recycled. Materials inserted into thermal cracking units are excluded under
335-14-2-.01(4),
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
335-14-2-.01(4)(a)12.(ii),
oil-bearing hazardous secondary materials generated elsewhere in the petroleum
industry (i.e., from sources other than petroleum refineries) are not excluded
under 335-14-2-.01(4).
Residuals generated from processing or recycling materials excluded under
335-14-2-.01(4)(a)12.(i),
where such materials as generated would have otherwise met a listing under
335-14-2-.04, are designated as
F037 listed wastes when disposed of or intended for disposal.
(ii) Recovered oil that is recycled in the
same manner and with the same conditions as described in
335-14-2-.01(4)(a)12.(i).
Recovered oil is oil that has been reclaimed from secondary materials
(including wastewater) generated from normal petroleum industry practices,
including refining, exploration and production, bulk storage, and
transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911,
4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include
oil-bearing hazardous wastes listed in
335-14-2-.04; however, oil
recovered from such wastes may be considered recovered oil. Recovered oil does
not include used oil as defined in
335-14-1-.02.
13. Excluded scrap metal (processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being
recycled.
14. Shredded circuit
boards being recycled provided that they are:
(i) Stored in containers sufficient to
prevent a release to the environment prior to recovery; and
(ii) Free of mercury switches, mercury relays
and nickel-cadmium batteries and lithium batteries.
15. Condensates derived from the overhead
gases from kraft mill steam strippers that are used to comply with
40 CFR
63.446(e). The exemption
applies only to combustion at the mill generating the condensates.
16. [Reserved].
17. Spent materials (as defined in
335-14-2-.01(1))
(other than hazardous wastes listed in
335-14-2-.04) generated within
the primary mineral processing industry from which minerals, acids, cyanide,
water, or other values are recovered by mineral processing or by beneficiation,
provided that:
(i) The spent material is
legitimately recycled to recover minerals, acids, cyanide, water or other
values;
(ii) The spent material is
not accumulated speculatively;
(iii) Except as provided in
335-14-2-.01(4)(a)17.(iv),
the spent material is stored in tanks, containers, or buildings meeting the
following minimum integrity standards: a building must be an engineered
structure with a floor, walls, and a roof all of which are made of non-earthen
materials providing structural support (except smelter buildings may have
partially earthen floors provided the spent material is stored on the
non-earthen portion), and have a roof suitable for diverting rainwater away
from the foundation; a tank must be free standing, not be a surface impoundment
(as defined
335-14-1-.02), and be
manufactured of a material suitable for containment of its contents; a
container must be free standing and be manufactured of a material suitable for
containment of its contents. If tanks or containers contain any particulate
which may be subject to wind dispersal, the owner /operator must operate these
units in a manner which controls fugitive dust . Tanks, containers, and
buildings must be designed, constructed and operated to prevent significant
releases to the environment of these materials.
(iv) The Department may make a site-specific
determination, after public review and comment, that only solid mineral
processing spent materials may be placed on pads rather than in tanks,
containers, or buildings. Solid mineral processing spent materials do not
contain any free liquid. The Department must affirm that pads are designed,
constructed and operated to prevent significant releases of the secondary
material into the environment. Pads must provide the same degree of containment
afforded by the non-RCRA tanks, containers and buildings eligible for
exclusion.
(I) The Department must also
consider if storage on pads poses the potential for significant releases via
groundwater, surface water, and air exposure pathways. Factors to be considered
for assessing the groundwater, surface water, air exposure pathways are: the
volume and physical and chemical properties of the spent material, including
its potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad via
each exposure pathway, and the possibility and extent of harm to human and
environmental receptors via each exposure pathway.
(II) Pads must meet the following minimum
standards: be designed of non-earthen material that is compatible with the
chemical nature of the mineral processing spent material, capable of
withstanding physical stresses associated with placement and removal, have run
on/runoff controls, be operated in a manner which controls fugitive dust , and
have integrity assurance through inspections and maintenance
programs.
(III) Before making a
determination under
335-14-2-.01(4),
the Department must provide notice and the opportunity for comment to all
persons potentially interested in the determination. This can be accomplished
by placing notice of this action in major local newspapers, or broadcasting
notice over local radio stations.
(v) The owner or operator provides a notice
to the Department , identifying the following information: the types of
materials to be recycled; the type and location of the storage units and
recycling processes; and the annual quantities expected to be placed in non
land-based units. This notification must be updated when there is a change in
the type of materials recycled or the location of the recycling
process .
(vi) For purposes of
335-14-2-.01(4)(a)17.,
mineral processing spent materials must be the result of mineral processing and
may not include any listed hazardous wastes. Listed hazardous wastes and
characteristic hazardous wastes generated by nonmineral processing industries
are not eligible for the conditional exclusion from the definition of solid
waste.
18. 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 normal petroleum refinery process streams, provided:
(i) The oil is hazardous only because it
exhibits the characteristic of ignitability (as defined in
335-14-2-.03(2)
and/or toxicity for benzene (335-14-2-.03(5),
hazardous waste number D018); and
(ii) The oil generated by the organic
chemical manufacturing facility is not placed on the land, or speculatively
accumulated before being recycled into the petroleum refining process . An
"associated organic chemical manufacturing facility'' is a facility where the
primary SIC code is 2869, but where operations may also include SIC codes 2821,
2822, and 2865; and is physically co-located with a petroleum refinery; and
where the petroleum refinery to which the oil being recycled is returned also
provides hydrocarbon feedstocks to the organic chemical manufacturing facility.
"Petrochemical recovered oil'' is oil that has been reclaimed from secondary
materials (i.e., sludges, byproducts, or spent materials, including wastewater)
from normal organic chemical manufacturing operations, as well as oil recovered
from organic chemical manufacturing processes.
19. 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
335-14-1-.02.
20. Hazardous secondary materials used to
make zinc fertilizers, provided that the following conditions specified are
satisfied:
(i) Hazardous secondary materials
used to make zinc micronutrient fertilizers must not be accumulated
speculatively, as defined in
335-14-1-.02.
(ii) Generators and intermediate handlers of
zinc-bearing hazardous secondary materials that are to be incorporated into
zinc fertilizers must:
(I) Submit a one-time
notice to the Department , which contains the name, address and EPA ID number of
the generator or intermediate handler facility, provides a brief description of
the secondary material that will be subject to the exclusion, and identifies
when the manufacturer intends to begin managing excluded, zinc-bearing
hazardous secondary materials under the conditions specified in
335-14-2-.01(4)(a)20.
(II) Store the excluded secondary
material in tanks, containers, or buildings that are constructed and maintained
in a way that prevents releases of the secondary materials into the
environment. At a minimum, any building used for this purpose must be an
engineered structure made of non-earthen materials that provide structural
support, and must have a floor, walls and a roof that prevent wind dispersal
and contact with rainwater. Tanks used for this purpose must be structurally
sound and, if outdoors, must have roofs or covers that prevent contact with
wind and rain. Containers used for this purpose must be kept closed except when
it is necessary to add or remove material, and must be in sound condition.
Containers that are stored outdoors must be managed within storage areas that:
I. Have containment structures or systems
sufficiently impervious to contain leaks, spills and accumulated precipitation;
and
II. Provide for effective
drainage and removal of leaks, spills and accumulated precipitation;
and
III. Prevent run-on into the
containment system.
(III)
With each off-site shipment of excluded hazardous secondary materials, provide
written notice to the receiving facility that the material is subject to the
conditions of
335-14-2-.01(4)(a)20.
(IV) Maintain at the generator's
or intermediate handler's facility for no less than three years records of all
shipments of excluded hazardous secondary materials. For each shipment these
records must at a minimum contain the following information:
I. Name of the transporter and date of the
shipment;
II. Name and address of
the facility that received the excluded material, and documentation confirming
receipt of the shipment; and
III.
Type and quantity of excluded secondary material in each
shipment.
(iii)
Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from
excluded hazardous secondary materials must:
(I) Store excluded hazardous secondary
materials in accordance with the storage requirements for generators and
intermediate handlers, as specified in
335-14-2-.01(4)(a)20(ii)(II).
(II) Submit a one-time notification to the
Department that, at a minimum, specifies the name, address and EPA ID number of
the manufacturing facility, and identifies when the manufacturer intends to
begin managing excluded, zinc-bearing hazardous secondary materials under the
conditions specified in
335-14-2-.01(4)(a)20.
(III) Maintain for a minimum of
three years records of all shipments of excluded hazardous secondary materials
received by the manufacturer, which must at a minimum identify for each
shipment the name and address of the generating facility, name of transporter
and date the materials were received, the quantity received, and a brief
description of the industrial process that generated the material.
(IV) Submit to the Department an annual
report that identifies the total quantities of all excluded hazardous secondary
materials that were used to manufacture zinc fertilizers or zinc fertilizer
ingredients in the previous year, the name and address of each generating
facility, and the industrial process (s) from which they were
generated.
(iv) Nothing
in this section preempts, overrides or otherwise negates the provision in
335-14-3-.01(2),
which requires any person who generates a solid waste to determine if that
waste is a hazardous waste.
(v)
Interim status and permitted storage units that have been used to store only
zinc-bearing hazardous wastes prior to the submission of the one-time notice
described in
335-14-2-.01(4)(a)20.(ii)(I),
and that afterward will be used only to store hazardous secondary materials
excluded under this paragraph, are not subject to the closure requirements of
335-14-5 or 335-14-6.
21.
Zinc fertilizers made from hazardous wastes, or hazardous secondary materials
that are excluded under
335-14-2-.01(4)(a)20.,
provided that:
(i) The fertilizers meet the
following contaminant limits:
(I) For metal
contaminants:
Table 1. --Limits on Metal
|
Fertilizer,, Constituent (ppm) |
Maximum Allowable Total Concentration in per Unit (1%) of Zinc |
|
Arsenic |
0.3 |
|
Cadmium |
1.4 |
|
Chromium |
0.6 |
|
Lead |
2.8 |
|
Mercury |
0.3 |
(II)
For dioxin contaminants the fertilizer must contain no more than eight (8)
parts per trillion of dioxin, measured as toxic equivalent (TEQ).
(ii) The manufacturer performs
sampling and analysis of the fertilizer product to determine compliance with
the contaminant limits for metals no less than every six months, and for
dioxins no less than every twelve months. Testing must also be performed
whenever changes occur to manufacturing processes or ingredients that could
significantly affect the amounts of contaminants in the fertilizer product. The
manufacturer may use any reliable analytical method to demonstrate that no
constituent of concern is present in the product at concentrations above the
applicable limits. It is the responsibility of the manufacturer to ensure that
the sampling and analysis are unbiased, precise, and representative of the
product(s) introduced into commerce.
(iii) The manufacturer maintains for no less
than three years records of all sampling and analyses performed for purposes of
determining compliance with the requirements of
335-14-2-.01(4)(a)21(ii).
Such records must at a minimum include:
(I)
The dates and times product samples were taken, and the dates the samples were
analyzed;
(II) The names and
qualifications of the person (s) taking the samples;
(III) A description of the methods and
equipment used to take the samples;
(IV) The name and address of the laboratory
facility at which analyses of the samples were performed;
(V) A description of the analytical methods
used, including any cleanup and sample preparation methods; and
(VI) All laboratory analytical results used
to determine compliance with the contaminant limits specified in
335-14-2-.01(4)(a)21.
22. Used
cathode ray tubes (CRTs).
(i) Used, intact
CRTs as described in
335-14-1-.02 are not solid wastes
within the United States unless they are disposed, or unless they are
speculatively accumulated as defined in
335-14-1-.02 by CRT collectors or
glass processors.
(ii) Used, intact
CRTs as described in
335-14-1-.02 are not solid wastes
when exported for recycling provided that they meet the requirements of
335-14-2-.05(2).
(iii) Used, broken CRTs as described in
335-14-1-.02 are not solid wastes
provided that they meet the requirements of
335-14-2-.05(1).
(iv) Glass removed from CRTs is not a solid
waste provided that it meets the requirements of
335-14-2-.05(1)(c).
23. Hazardous secondary material generated
and legitimately reclaimed within the United States or its territories and
under the control of the generator, provided that the material complies with
335-14-2-.01(4)(a)23.(i) and
(ii):
(i)
(I) The hazardous secondary material is
generated and reclaimed at the generating facility (for purposes of this
definition, generating facility means all contiguous property owned, leased, or
otherwise controlled by the hazardous secondary material generator);
or
(II) The hazardous secondary
material is generated and reclaimed at different facilities, if the reclaiming
facility is controlled by the generator or if both the generating facility and
the reclaiming facility are controlled by a person as defined in
335-14-1-.02, and if the
generator provides one of the following certifications: "on behalf of [insert
generator facility name], I certify that this facility will send the indicated
hazardous secondary material to [insert reclaimer facility name], which is
controlled by [insert generator facility name] and that [insert name of either
facility] has acknowledged full responsibility for the safe management of the
hazardous secondary material," or "on behalf of [insert generator facility
name], I certify that this facility will send the indicated hazardous secondary
material to [insert reclaimer facility name], that both facilities are under
common control, and that [insert name of either facility] has acknowledged full
responsibility for the safe management of the hazardous secondary material."
"Control" means the power to direct the policies of the facility, whether by
the ownership of stock, voting rights, or otherwise, except that contractors
who operate facilities on behalf of a different person as defined in
335-14-1-.02 shall not be deemed
to "control" such facilities. The generating and receiving facilities must both
maintain at their facilities for no less than three years records of hazardous
secondary materials sent or received under this exclusion. In both cases, the
records must contain the name of the transporter, the date of the shipment, and
the type and quantity of the hazardous secondary material shipped or received
under the exclusion. These requirements may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT shipping
papers, or electronic confirmations); or
(III) The hazardous secondary material is
generated pursuant to a written contract between a tolling contractor and a
toll manufacturer and is reclaimed by the tolling contractor, if the tolling
contractor certifies the following: "On behalf of [insert tolling contractor
name], I certify that [insert tolling contractor name] has a written contract
with [insert toll manufacturer name] to manufacture [insert name of product or
intermediate] which is made from specified unused materials, and that [insert
tolling contractor name] will reclaim the hazardous secondary materials
generated during this manufacture. On behalf of [insert tolling contractor
name], I also certify that [insert tolling contractor name] retains ownership
of, and responsibility for, the hazardous secondary materials that are
generated during the course of the manufacture, including any releases of
hazardous secondary materials that occur during the manufacturing process ". The
tolling contractor must maintain at its facility for no less than three years
records of hazardous secondary materials received pursuant to its written
contract with the tolling manufacturer, and the tolling manufacturer must
maintain at its facility for no less than three years records of hazardous
secondary materials shipped pursuant to its written contract with the tolling
contractor. In both cases, the records must contain the name of the
transporter, the date of the shipment, and the type and quantity of the
hazardous secondary material shipped or received pursuant to the written
contract. These requirements may be satisfied by routine business records
(e.g., financial records, bills of lading, copies of DOT shipping papers, or
electronic confirmations). "Tolling contractor" means a person who arranges for
the production of a product or intermediate made from specified unused
materials through a written contract with a toll manufacturer. Toll
manufacturer means a person who produces a product or intermediate made from
specified unused materials pursuant to a written contract with a tolling
contractor.
(ii)
(I) The hazardous secondary material is
contained as defined in
335-14-1-.02. A hazardous
secondary material released to the environment is discarded and a solid waste
unless it is immediately recovered for the purpose of reclamation. Hazardous
secondary material managed in a unit with leaks or other continuing or
intermittent unpermitted releases is discarded and a solid waste.
(II) The hazardous secondary material is not
speculatively accumulated, as defined in
335-14-1-.02.
(III) Notice is provided as required by
335-14-1-.03(22).
(IV) The material is not otherwise subject to
material-specific management conditions under
335-14-2-.01(4)(a)
when reclaimed, and it is not a spent lead-acid battery [see
335-14-7-.07(1)
and 335-14-11-.01(2)]
.
(V) Persons performing the
recycling of hazardous secondary materials under this exclusion must maintain
documentation of their legitimacy determination on-site. Documentation must be
a written description of how the recycling meets all three factors in
335-14-1-.03(23)(a)
and how the factor in
335-14-1-.03(23)(b)
was considered. Documentation must be maintained for three years after the
recycling operation has ceased.
(VI) The emergency preparedness and response
requirements found in
335-14-2-.13 are
met.
24.
Hazardous secondary material that is generated and then transferred to another
person for the purpose of reclamation is not a solid waste, provided that:
(i) The material is not speculatively
accumulated, as defined in
335-14-1-.02;
(ii) The material is not handled by any
person or facility other than the hazardous secondary material generator, the
transporter, an intermediate facility or a reclaimer, and, while in transport,
is not stored for more than 10 days at a transfer facility, as defined in
335-14-1-.02, and is packaged
according to applicable Department of Transportation regulations at 49 CFR
parts 173, 178, and 179 while in transport;
(iii) The material is not otherwise subject
to material-specific management conditions under this paragraph (a) when
reclaimed, and it is not a spent lead-acid battery (see
335-14-7-.07(1)
and 335-14-11-.01(2));
(iv) The reclamation of the material is
legitimate, as specified under
335-14-1-.03(23);
(v) The hazardous secondary material
generator satisfies all of the following conditions:
(I) The material must be contained as defined
in 335-14-1-.02. A hazardous
secondary material released to the environment is discarded and a solid waste
unless it is immediately recovered for the purpose of recycling. Hazardous
secondary material managed in a unit with leaks or other continuing releases is
discarded and a solid waste.
(II)
Prior to arranging for transport of hazardous secondary materials to a
reclamation facility (or facilities) where the management of the hazardous
secondary materials is not addressed under a RCRA Part B permit or interim
status standards, the hazardous secondary material generator must make
reasonable efforts to ensure that each reclaimer intends to properly and
legitimately reclaim the hazardous secondary material and not discard it, and
that each reclaimer will manage the hazardous secondary material in a manner
that is protective of human health and the environment. If the hazardous
secondary material will be passing through an intermediate facility where the
management of the hazardous secondary materials is not addressed under a RCRA
Part B permit or interim status standards, the hazardous secondary material
generator must make contractual arrangements with the intermediate facility to
ensure that the hazardous secondary material is sent to the reclamation
facility identified by the hazardous secondary material generator, and the
hazardous secondary material generator must perform reasonable efforts to
ensure that the intermediate facility will manage the hazardous secondary
material in a manner that is protective of human health and the environment.
Reasonable efforts must be repeated at a minimum of every three years for the
hazardous secondary material generator to claim the exclusion and to send the
hazardous secondary materials to each reclaimer and any intermediate facility.
In making these reasonable efforts, the generator may use any credible evidence
available, including information gathered by the hazardous secondary material
generator, provided by the reclaimer or intermediate facility, and/or provided
by a third party . The hazardous secondary material generator must affirmatively
answer all of the following questions for each reclamation facility and any
intermediate facility:
I. Does the available
information indicate that the reclamation process is legitimate pursuant to
335-14-1-.03(23).
In answering this question, the hazardous secondary material generator can rely
on their existing knowledge of the physical and chemical properties of the
hazardous secondary material, as well as information from other sources (e.g.,
the reclamation facility, audit reports, etc.) about the reclamation
process .
II. Does the publicly
available information indicate that the reclamation facility and any
intermediate facility that is used by the hazardous secondary material
generator notified the appropriate authorities of hazardous secondary materials
reclamation activities pursuant to
335-14-1-.03(22)
and have they notified the appropriate authorities that the financial assurance
condition is satisfied per
335-14-2-.01(4)(a)24.(vi)(VI)
? In answering these questions, the hazardous secondary material generator can
rely on the available information documenting the reclamation facility's and
any intermediate facility's compliance with the notification requirements per
335-14-1-.03(22),
including the requirement in
335-14-1-.03(22)(a)(5)
to notify the Department whether the reclaimer or intermediate facility has
financial assurance.
III. Does
publicly available information indicate that the reclamation facility or any
intermediate facility that is used by the hazardous secondary material
generator has not had any formal enforcement actions taken against the facility
in the previous three years for violations of RCRA or state hazardous waste
regulations and has not been classified as a significant non-complier with RCRA
Subtitle C or equivalent State regulations? In answering this question, the
hazardous secondary material generator can rely on publicly available
information from EPA or the state . If the reclamation facility or any
intermediate facility that is used by the hazardous secondary material
generator has had a formal enforcement action taken against the facility in the
previous three years for violations of RCRA or state hazardous waste
regulations and has been classified as a significant non-complier with RCRA
Subtitle C or equivalent state regulations, does the hazardous secondary
material generator have credible evidence that the facilities will manage the
hazardous secondary materials properly? In answering this question, the
hazardous secondary material generator can obtain additional information from
EPA, the state , or the facility itself that the facility has addressed the
violations, taken remedial steps to address the violations and prevent future
violations, or that the violations are not relevant to the proper management of
the hazardous secondary materials.
IV. Does the available information indicate
that the reclamation facility and any intermediate facility that is used by the
hazardous secondary material generator have the equipment and trained personnel
to safely recycle the hazardous secondary material? In answering this question,
the generator may rely on a description by the reclamation facility or by an
independent third party of the equipment and trained personnel to be used to
recycle the generator's hazardous secondary material.
V. If residuals are generated from the
reclamation of the excluded hazardous secondary materials, does the reclamation
facility have the permits required (if any) to manage the residuals? If not,
does the reclamation facility have a contract with an appropriately permitted
facility to dispose of the residuals? If not, does the hazardous secondary
material generator have credible evidence that the residuals will be managed in
a manner that is protective of human health and the environment? In answering
these questions, the hazardous secondary material generator can rely on
publicly available information from EPA or the state , or information provided
by the facility itself.
(III) The hazardous secondary material
generator must maintain for a minimum of three years documentation and
certification that reasonable efforts were made for each reclamation facility
and, if applicable, intermediate facility where the management of the hazardous
secondary materials is not addressed under an AHWMMA B permit or interim status
standards prior to transferring hazardous secondary material. Documentation and
certification must be made available upon request by a regulatory authority
within 72 hours, or within a longer period of time as specified by the
regulatory authority. The certification statement must:
I. Include the printed name and official
title of an authorized representative of the hazardous secondary material
generator company, the authorized representative's signature, and the date
signed;
II. Incorporate the
following language: "I hereby certify in good faith and to the best of my
knowledge that, prior to arranging for transport of excluded hazardous
secondary materials to [insert name(s) of reclamation facility and any
intermediate facility], reasonable efforts were made in accordance with
335-14-2-.01(4)(a)24.(v)(II)
to ensure that the hazardous secondary materials would be recycled
legitimately, and otherwise managed in a manner that is protective of human
health and the environment, and that such efforts were based on current and
accurate information."
(IV) The hazardous secondary material
generator must maintain at the generating facility for no less than three (3)
years records of all off-site shipments of hazardous secondary materials. For
each shipment, these records must, at a minimum, contain the following
information:
I. Name of the transporter and
date of the shipment;
II. Name and
address of each reclaimer and, if applicable, the name and address of each
intermediate facility to which the hazardous secondary material was
sent;
III. The type and quantity of
hazardous secondary material in the shipment.
(V) The hazardous secondary material
generator must maintain at the generating facility for no less than three (3)
years confirmations of receipt from each reclaimer and, if applicable, each
intermediate facility for all off-site shipments of hazardous secondary
materials. Confirmations of receipt must include the name and address of the
reclaimer (or intermediate facility), the type and quantity of the hazardous
secondary materials received and the date which the hazardous secondary
materials were received. This requirement may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT shipping
papers, or electronic confirmations of receipt);
(VI) The hazardous secondary material
generator must comply with the emergency preparedness and response conditions
in 335-14-2-.13.
(vi) Reclaimers of hazardous secondary
material excluded from regulation under this exclusion and intermediate
facilities as defined in
335-14-1-.02 satisfy all of the
following conditions:
(I) The reclaimer and
intermediate facility must maintain at its facility for no less than three (3)
years records of all shipments of hazardous secondary material that were
received at the facility and, if applicable, for all shipments of hazardous
secondary materials that were received and subsequently sent off-site from the
facility for further reclamation. For each shipment, these records must at a
minimum contain the following information:
I.
Name of the transporter and date of the shipment;
II. Name and address of the hazardous
secondary material generator and, if applicable, the name and address of the
reclaimer or intermediate facility which the hazardous secondary materials were
received from;
III. The type and
quantity of hazardous secondary material in the shipment; and
IV. For hazardous secondary materials that,
after being received by the reclaimer or intermediate facility, were
subsequently transferred off-site for further reclamation, the name and address
of the (subsequent) reclaimer and, if applicable, the name and address of each
intermediate facility to which the hazardous secondary material was
sent.
(II) The
intermediate facility must send the hazardous secondary material to the
reclaimer(s) designated by the hazardous secondary materials
generator.
(III) The reclaimer and
intermediate facility must send to the hazardous secondary material generator
confirmations of receipt for all offsite shipments of hazardous secondary
materials. Confirmations of receipt must include the name and address of the
reclaimer (or intermediate facility), the type and quantity of the hazardous
secondary materials received and the date which the hazardous secondary
materials were received. This requirement may be satisfied by routine business
records (e.g., financial records, bills of lading, copies of DOT shipping
papers, or electronic confirmations of receipt).
(IV) The reclaimer and intermediate facility
must manage the hazardous secondary material in a manner that is at least as
protective as that employed for analogous raw material and must be contained.
An "analogous raw material" is a raw material for which a hazardous secondary
material is a substitute and serves the same function and has similar physical
and chemical properties as the hazardous secondary material.
(V) Any residuals that are generated from
reclamation processes will be managed in a manner that is protective of human
health and the environment. If any residuals exhibit a hazardous characteristic
according to
335-14-2-.03, or if they
themselves are specifically listed in
335-14-2-.04, such residuals are
hazardous wastes and must be managed in accordance with the applicable
requirements of 335-14-1 through 9.
(VI) The reclaimer and intermediate facility
have financial assurance as required under
335-14-2-.08,
(vii) All persons claiming the exclusion
under 335-14-2-.01(4)(a)24.
provide notification as required under
335-14-1-.03(22).
25. The Environmental Protection Agency
Regulations as they exist as set forth in
40 CFR §
261.4(a)(25) (as amended on
May 30, 2018) are incorporated herein by reference.
26. Solvent -contaminated reusable wipes that
are sent for cleaning and reuse are not solid wastes from the point of
generation, provided that:
(i) The
solvent -contaminated wipes, when accumulated, stored, and transported, are
contained in non-leaking, closed containers that are labeled "Excluded
Solvent -Contaminated Wipes." The containers must be able to contain free
liquids, should free liquids occur. During accumulation, a container should be
closed in accordance with
335-14-1-.02, except when
necessary to add or remove solvent -contamimated wipes;
(ii) The solvent -contaminated wipes may be
accumulated by the generator for up to 180 days from the start date of
accumulation for each container prior to being sent for cleaning;
(iii) At the point of being sent for cleaning
on-site or at the point of being transported off-site for cleaning, the
solvent -contaminated wipes must contain no free liquids as defined in
335-14-1-.02.
(iv) Free liquids removed from the
solvent -contaminated wipes or from the container holding the wipes must be
managed according to the applicable regulations found in the ADEM Division 14
Administrative Code; 335-14-1 through 335-14-9;
(v) Generators must maintain at their site
the following documentation:
(I) Name and
address of the laundry or dry cleaner that is receiving the
solvent -contaminated wipes;
(II)
Documentation that the 180-day accumulation time limit in
335-14-2-.01(4)(a)26(ii)
is being met;
(III) Description of
the process the generator is using to ensure the solvent -contaminated wipes
contain no free liquids at the point of being laundered or dry cleaned on-site
or at the point of being transported off-site for laundering or dry
cleaning;
(IV) The generator must
maintain in their onsite records, documentation Documentation that verifies
that "no free liquids" were present in the container, prior to shipment. These
records must be kept for at least three years from the date of shipment. At a
minimum, these records must include the date and time of the verification, the
name of the person verifying, and a notation of the volume of free liquids
removed from the container, if present.
(vi) The solvent -contaminated wipes are sent
to a laundry or dry cleaner whose discharge, if any, is regulated under
sections 301 and 402 or section 307 of the Clean Water Act .
27. Hazardous secondary material
that is generated and then transferred to another person for the purpose of
remanufacturing is not a solid waste, provided that:
(i) The hazardous secondary material consists
of one or more of the following spent solvents: toluene, xylenes, ethylbenzene,
1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tertbutyl
ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl
isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol,
ethanol, and/or methanol;
(ii) The
hazardous secondary material originated from using one or more of the solvents
listed in
335-14-2-.01(4)(a)27.(i)
in a commercial grade for reacting, extracting, purifying, or blending
chemicals (or for rinsing out the process lines associated with these
functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic
chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS
325211), and/or the paints and coatings manufacturing sectors (NAICS
325510).
(iii) The hazardous
secondary material generator sends the hazardous secondary material spent
solvents listed in
335-14-2-.01(4)(a)27.(i)
to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic
organic chemical manufacturing (NAICS 325199), plastics and resins
manufacturing (NAICS 325211), and/or the paints and coatings manufacturing
sectors (NAICS 325510).
(iv) After
remanufacturing one or more of the solvents listed in
335-14-2-.01(4)(a)27.(i),
the use of the remanufactured solvent shall be limited to reacting, extracting,
purifying, or blending chemicals (or for rinsing out the process lines
associated with these functions) in the pharmaceutical manufacturing (NAICS
325412), basic organic chemical manufacturing (NAICS 325199), plastics and
resins manufacturing (NAICS 325211), and the paints and coatings manufacturing
sectors (NAICS 325510) or to using them as ingredients in a product. These
allowed uses correspond to chemical functional uses enumerated under the
Chemical Data Reporting Rule of the Toxic Substances Control Act (40 CFR Parts
704, 710-711), including Industrial Function Codes U015 (solvents consumed in a
reaction to produce other chemicals) and U030 (solvents become part of the
mixture);
(v) After remanufacturing
one or more of the solvents listed in
335-14-2-.01(4)(a)27.(i),
the use of the remanufactured solvent does not involve cleaning or degreasing
oil, grease, or similar material from textiles, glassware, metal surfaces, or
other articles. (These disallowed continuing uses correspond to chemical
functional uses in Industrial Function Code U029 under the Chemical Data
Reporting Rule of the Toxics Substances Control Act .); and
(vi) Both the hazardous secondary material
generator and the remanufacturer must:
(II) Develop and maintain an up-to-date
remanufacturing plan which identifies:
I. The
name, address and EPA ID number of the generator(s) and the
remanufacturer(s),
II. The types
and estimated annual volumes of spent solvents to be remanufactured,
III. The processes and industry sectors that
generate the spent solvents,
IV.
The specific uses and industry sectors for the remanufactured solvents,
and
V. A certification from the
remanufacturer stating "on behalf of [insert remanufacturer facility name], I
certify that this facility is a remanufacturer under pharmaceutical
manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
and coatings manufacturing sectors (NAICS 325510), and will accept the spent
solvent (s) for the sole purpose of remanufacturing into commercialgrade
solvent (s) that will be used for reacting, extracting, purifying, or blending
chemicals (or for rinsing out the process lines associated with these
functions) or for use as product ingredient(s). I also certify that the
remanufacturing equipment, vents, and tanks are equipped with and are operating
air emission controls in compliance with the appropriate Clean Air Act
regulations under 40 CFR part 60, part 61 or part 63, or, absent such Clean Air
Act standards for the particular operation or piece of equipment covered by the
remanufacturing exclusion, are in compliance with the appropriate standards in
335-14-2-.27 (vents),
335-14-2-.28 (equipment) and
335-14-2-.29 (tank
storage)";
(III) Maintain
records of shipments and confirmations of receipts for a period of three years
from the dates of the shipments;
(IV) Prior to remanufacturing, store the
hazardous spent solvents in tanks or containers that meet technical standards
found in 335-14-2-.09 and
335-14-2-.10, with the tanks and
containers being labeled or otherwise having an immediately available record of
the material being stored;
(V)
During remanufacturing, and during storage of the hazardous secondary materials
prior to remanufacturing, the remanufacturer certifies that the remanufacturing
equipment, vents, and tanks are equipped with and are operating air emission
controls in compliance with the appropriate Clean Air Act regulations under 40
CFR part 60, part 61 or part 63; or, absent such Clean Air Act standards for
the particular operation or piece of equipment covered by the remanufacturing
exclusion, are in compliance with the appropriate standards in
335-14-2-.27 (vents),
335-14-2-.28 (equipment) and
335-14-2-.29 (tank storage); and
(VI) Ensure that no hazardous
secondary materials are speculatively accumulated as defined in
335-14-1-.02.
(b) "Solid wastes which are not hazardous
wastes". The following solid wastes are not hazardous wastes:
1. 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 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
solid waste shall not be deemed to be treating, storing, disposing of, or
otherwise managing hazardous waste for the purposes of regulation under
335-14-2-.01, if:
(i) Such facility receives and burns only:
(I) Household waste (from single and multiple
dwellings, hotels, motels, and other residential sources); and
(II) Solid waste from commercial or
industrial sources that does not contain hazardous waste.
(ii) Such facility does not accept hazardous
wastes and the owner or operator of such facility has established contractual
requirements or other appropriate notification or inspection procedures to
assure that hazardous wastes are not received at or burned in such
facility.
2. Solid wastes
generated by the following and which are returned to the soils as fertilizers:
(i) The growing and harvesting of
agricultural crops;
(ii) The
raising of animals, including animal manures;
3. Mining overburden returned to the mine
site;
4. Fly ash waste, bottom ash
waste, slag waste, and flue gas emission control waste generated primarily from
the combustion of coal or other fossil fuels, except as provided by
335-14-7-.08(13)
for facilities that burn or process hazardous waste.
5. Drilling fluids, produced waters, and
other wastes associated with the exploration, development, or production of
crude oil, natural gas, or geothermal energy;
6.
(i)
Wastes which fail the test for the characteristic of toxicity because chromium
is present or are listed in
335-14-2-.04 due to the presence
of chromium, which do not fail the test for the characteristic of toxicity for
any other constituent or are not listed due to the presence of any other
constituent, and which do not fail the test for any other characteristic, if it
is shown by a waste generator or by waste generators that:
(I) The chromium in the waste is exclusively
(or nearly exclusively) trivalent chromium; and
(II) 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
(III) The waste is typically
and frequently managed in non-oxidizing environments.
(ii) Specific wastes which meet the standard
in 335-14-2-.01(4)(b)6.(i)(I) through
(III) (so long as they do not fail the test
for the toxicity characteristic for any other constituent, and do not exhibit
any other characteristic) are:
(I) Chrome
(blue) trimmings generated by the following subcategories of the leather
tanning and finishing industry: hair pulp/chrome tan/ retan/wet finish; hair
save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(II) Chrome (blue) shavings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/ retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(III) Buffing dust generated by the following
subcategories of the leather tanning and finishing industry: hair pulp/chrome
tan/retan/ wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue; and shearling.
(IV) Sewer screenings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/ wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(V) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/ retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(VI) Waste scrap leather from the leather
tanning industry, the shoe manufacturing industry and other leather product
manufacturing industries.
(VII)
Wastewater treatment sludges from the production of TiO2 pigment using
chromium-bearing ores by the chloride process .
(iii) For waste meeting the criteria
described in
335-14-2-.01(4)(b)6.(i)
but not specifically listed in
335-14-2-.01(4)(b)6.(ii),
the generator may petition the Department in accordance with
335-14-1-.03(2)(f)
to have the waste excluded from regulation as a hazardous
waste.
7. Solid waste
from the extraction, beneficiation, and processing of ores and minerals
(including coal, phosphate rock and overburden from the mining of uranium ore),
except as provided by
335-14-7-.08(13)
for facilities that burn or process hazardous waste.
(i) For the purposes
335-14-2-.01(4)(b)7.,
beneficiation of ores and minerals is restricted to the following activities:
crushing; grinding; washing; dissolution; crystallization; filtration ; sorting;
sizing; drying; sintering; pelletizing; briquetting; calcining to remove water
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in
preparation for leaching (except where the roasting (and/or autoclaving and/or
chlorination)/ leaching sequence produces a final or intermediate 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.
(ii)
For the purposes of
335-14-2-.01(4)(b)7.,
solid waste from the processing of ores and minerals includes only the
following wastes as generated:
(I) Slag from
primary copper processing;
(II)
Slag from primary lead processing;
(III) Red and brown muds from bauxite
refining;
(IV) Phosphogypsum from
phosphoric acid production;
(V)
Slag from elemental phosphorus production;
(VI) Gasifier ash from coal
gasification;
(VII) Process
wastewater from coal gasification;
(VIII) Calcium sulfate wastewater treatment
plant sludge from primary copper processing;
(IX) Slag tailings from primary copper
processing;
(X) Fluorogypsum from
hydrofluoric acid production;
(XI)
Process wastewater from hydrofluoric acid production;
(XII) Air pollution control dust/sludge from
iron blast furnaces;
(XIII) Iron
blast furnace slag;
(XIV) Treated
residue from roasting/leaching of chrome ore;
(XV) Process wastewater from primary
magnesium processing by the anhydrous process ;
(XVI) Process wastewater from phosphoric acid
production;
(XVII) Basic oxygen
furnace and open hearth furnace air pollution control dust/sludge from carbon
steel production;
(XVIII) Basic
oxygen furnace and open hearth furnace slag from carbon steel
production;
(XIX) Chloride process
waste solids from titanium tetrachloride production;
(XX) Slag from primary zinc
processing.
(iii) A
residue derived from co-processing mineral processing secondary materials with
normal beneficiation raw materials or with normal mineral processing raw
materials remains excluded under
335-14-2-.01(4)(b)
if the owner or operator :
(I) Processes at
least 50 percent by weight normal beneficiation raw materials or normal mineral
processing raw materials; and,
(II)
Legitimately reclaims the secondary mineral processing
materials.
8.
Cement kiln dust waste, except as provided by
335-14-7-.08(13)
for facilities that burn or process hazardous waste.
9. Solid waste which consists of discarded
arsenical-treated wood or wood products which fails the test for the
Characteristic of Toxicity for Hazardous Waste Codes D004 through D017 and
which is not a hazardous waste for any other reason or reasons, if the waste is
generated by persons who utilize the arsenical-treated wood and wood products
for these materials' intended end use.
10. Petroleum-contaminated media and debris
that fail the test for the Characteristic of Toxicity of
335-14-2-.03(5)
(Hazardous Waste Codes D018 through D043 only) and are subject to the
corrective action regulations under Part 280 of 40 CFR.
11. Injected groundwater that is hazardous
only because it exhibits the Toxicity Characteristic (Hazardous Waste Codes
D018 through D043 only) in
335-14-2-.03(5)
that is reinjected through an underground injection well pursuant to free phase
hydrocarbon recovery operations undertaken at petroleum refineries, petroleum
marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum
transportation spill sites until January 25, 1993. This extension applies to
recovery operations in existence, or for which contracts have been issued, on
or before March 25, 1991. For groundwater returned through infiltration
galleries from such operations at petroleum refineries, marketing terminals,
and bulk plants, until October 2, 1991. New operations involving injection
wells (beginning after March 25, 1991) will qualify for this compliance date
extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a
written State of Alabama agreement that includes a provision to assess the
groundwater and the need for further remediation once the free phase recovery
is completed; and
(ii) A copy of
the written agreement has been submitted to: Waste Identification Branch
(5304), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
12.
Used chlorofluorocarbon refrigerants from totally enclosed heat transfer
equipment, including mobile air conditioning systems, mobile refrigeration, and
commercial and industrial air conditioning and refrigeration systems that use
chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle,
provided the refrigerant is reclaimed for further use.
13. Non-terne plated used oil filters that
are not mixed with wastes listed in
335-14-2-.04 if these oil filters
have been gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back
valve or the filter dome end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining;
or
(iv) Any other equivalent
hot-draining method which will remove the free-flowing used oil.
14. Used oil re-refining
distillation bottoms that are used as feedstock to manufacture asphalt
products.
15. Leachate or gas
condensate collected from landfills where certain solid wastes have been
disposed, provided that:
(i) The solid wastes
disposed would meet one or more of the listing descriptions for Hazardous Waste
Codes K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181, if these
wastes had been generated after the effective date of the listing;
(ii) The solid wastes described in
335-14-2-.01(4)(b)15.(i)
were disposed prior to the effective date of the listing;
(iii) The leachate or gas condensate does not
exhibit any characteristic of hazardous waste nor are derived from any other
listed hazardous waste;
(iv)
Discharge of the leachate or gas condensate, including leachate or gas
condensate transferred from the landfill to a POTW by truck, rail, or dedicated
pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water
Act .
(v) After February 13, 2001,
leachate or gas condensate derived from K169-K172 will no longer be exempt if
it is stored or managed in a surface impoundment prior to discharge. After
February 26, 2007, leachate or gas condensate derived from K181 will no longer
be exempt if it is stored or managed in a surface impoundment prior to
discharge. After November 21, 2003, leachate or gas condensate derived from
K176, K177, and K178 will no longer be exempt if it is stored or managed in a
surface impoundment prior to discharge. There is one exception: if the surface
impoundment is used to temporarily store leachate or gas condensate in response
to an emergency situation (e.g., shutdown of wastewater treatment system),
provided the impoundment has a double liner, and provided the leachate or gas
condensate is removed from the impoundment and continues to be managed in
compliance with the conditions of
335-14-2-.01(4)(b)15.(v)
after the emergency ends.
16. [Reserved]
17. [Reserved]
18. Solvent -contaminated disposable wipes,
except for wipes that are hazardous waste due to the presence of
trichloroethylene, that are sent for disposal are not hazardous wastes from the
point of generation provided that:
(i) The
solvent -contaminated wipes, when accumulated, stored, and transported, are
contained in non-leaking, closed containers that are labeled "Excluded
Solvent -Contaminated Wipes." The containers must be able to contain free
liquids, should free liquids occur. During accumulation, a container should be
closed in accordance with
335-14-1-.02, except when
necessary to add or remove solvent -contamimated wipes;
(ii) The solvent -contaminated wipes may be
accumulated by the generator for up to 180 days from the start date of
accumulation for each container prior to being sent for disposal;
(iii) At the point of being transported for
disposal, the solvent -contaminated wipes must contain no free liquids as
defined in
335-14-1-.02.
(iv) Free liquids removed from the
solvent -contaminated wipes or from the container holding the wipes must be
managed according to the applicable regulations found in the ADEM Division 14
Administrative Code 335-14-1 through 335-14-9;
(v) Generators must maintain at their site
the following documentation:
(I) Name and
address of the landfill or combustor that is receiving the solvent -contaminated
wipes;
(II) Documentation that the
180 day accumulation time limit in accordance with
335-14-2-.01(4)(b)18.(ii)
is being met;
(III) Description of
the process the generator is using to ensure solvent -contaminated wipes contain
no free liquids at the point of being transported for disposal;
(IV) The generator must maintain in their
onsite records, Documentation that verifies that "no free liquids" were present
in the container, prior to shipment. These records must be kept for at least
three years from the date of shipment. At a minimum, these records must include
the date and time of the verification, the name of the person verifying and a
notation of the volume of free liquids removed from the container, if
present.
(vi) The
solvent -contaminated wipes are sent for disposal:
(I) To a municipal solid waste landfill
regulated under Division 335-13 rules including
335-13-4-.11 and meets the
municipal solid waste landfill standards of 40 CFR 258, or to a hazardous waste
landfill regulated under Chapters 335-14-5, 335-14-6, and 335-14-8;
or
(II) To a municipal waste
combustor or other combustion facility regulated under section 129 of the Clean
Air Act or to a hazardous waste combustor, boiler, or industrial furnace
regulated under Chapters 335-14-5, 335-14-6, and 335-14-7.
(c) "Hazardous wastes
which are exempted from certain regulations". A hazardous waste which is
generated in a product or raw material storage tank, a product or raw material
transport vehicle or vessel, a product or raw material pipeline, or in a
manufacturing process unit or an associated unit, is not subject to regulation
under 335-14-3 through 335-14-6, 335-14-8, 335-14-9 or to the notification
requirements of Section 3010 of RCRA until it exits the unit in which it was
generated, unless the unit is a surface impoundment, or unless the hazardous
waste remains in the unit more than 90 days after the unit ceases to be
operated for manufacturing, or for storage or transportation of product or raw
materials.
(d) Samples.
1. Except as provided in
335-14-2-.01(4)(d)2.
and 4., a sample of solid waste or a sample of water, soil, or air which is
collected for the sole purpose of testing to determine its characteristics or
composition, is not subject to any requirements of 335-14-2 or 335-14-3 through
335-14-9 or to the notification requirements of Section 3010 of RCRA, when:
(i) The sample is being transported to a
laboratory for the purpose of testing; or
(ii) The sample is being transported back to
the sample collector after testing; or
(iii) The sample is being stored by the
sample collector before transport to a laboratory for testing; or
(iv) The sample is being stored in a
laboratory before testing; or
(v)
The sample is being stored in a laboratory after testing but before it is
returned to the sample collector; or
(vi) The sample is being stored temporarily
in the laboratory after testing for a specific purpose (for example, until
conclusion of a court case or enforcement action where further testing of the
sample may be necessary).
2. In order to qualify for the exemption in
335-14-2-.01(4)(d)1.(i) and
(ii), a sample collector shipping samples to
a laboratory and a laboratory returning samples to a sample collector must:
(i) Comply with United States Department of
Transportation (DOT), United States Postal Service (USPS), or any other
applicable shipping requirements; or
(ii) Comply with the following requirements
if the sample collector determines that DOT, USPS, or other shipping
requirements do not apply to the shipment of the sample:
(I) Assure that the following information
accompanies the sample:
I. The sample
collector's name, mailing address, and telephone number;
II. The laboratory's name, mailing address,
and telephone number;
III. The
quantity of the sample;
IV. The
date of shipment; and
V. A
description of the sample; and
(II) Package the sample so that it does not
leak, spill, or vaporize from its packaging.
3. This exemption does not apply if the
laboratory determines that the waste is hazardous but the laboratory is no
longer meeting any of the conditions stated in
335-14-2-.01(4)(d)1.
(e) "Treatability Study
Samples".
1. Except as provided in
335-14-2-.01(4)(e)2.
and 4., persons who generate or collect samples for the purpose of conducting
treatability studies as defined in
335-14-1-.02(1),
are not subject to any requirement of 335-14-2 through 335-14-4 or to the
notification requirements of Section 3010 of RCRA, nor are such samples
included in the quantity determinations of
335-14-3-.01(3)
when:
(i) The sample is being collected and
prepared for transportation by the generator or sample collector; or
(ii) The sample is being accumulated or
stored by the generator or sample collector prior to transportation to a
laboratory or testing facility; or
(iii) The sample is being transported to the
laboratory or testing facility for the purpose of conducting a treatability
study.
2. The exemption
in 335-14-2-.01(4)(e)1.
is applicable to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies provided that:
(i) The generator or sample collector uses
(in "treatability studies") no more than 10,000 kg of media contaminated with
non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, or 2500 kg of media
contaminated with acute hazardous waste for each process being evaluated for
each generated waste stream; and
(ii) The mass of each sample shipment does
not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with
non-acute hazardous waste, or may include 2500 kg of media contaminated with
acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous
waste; and
(iii) The sample must be
packaged so that it will not leak, spill, or vaporize from its packaging during
shipment and the requirements of
335-14-2-.01(4)(e)2.(iii)(I) or
(II) are met.
(I) The transportation of each sample
shipment complies with U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(II) If the DOT, USPS, or other shipping
requirements do not apply to the shipment of the sample, the following
information must accompany the sample:
I. The
name, mailing address, and telephone number of the originator of the
sample;
II. The name, address, and
telephone number of the facility that will perform the treatability
study;
III. The quantity of the
sample;
IV. The date of shipment;
and
V. A description of the sample,
including its EPA Hazardous Waste Number.
(iv) The sample is shipped to a laboratory or
testing facility which is exempt under
335-14-2-.01(4)(f)
or has an appropriate RCRA permit or interim status.
(v) The generator or sample collector
maintains the following records for a period ending 3 years after completion of
the treatability study:
(I) Copies of the
shipping documents;
(II) A copy of
the contract with the facility conducting the treatability study;
(III) Documentation showing:
I. The amount of waste shipped under this
exemption ;
II. The name, address,
and EPA identification number of the laboratory or testing facility that
received the waste;
III. The date
the shipment was made; and
IV.
Whether or not unused samples and residues were returned to the
generator.
(vi)
The generator reports the information required under
335-14-2-.01(4)(e)2.(v)(III)
in its biennial report.
3. The Department may grant requests on a
case-by-case basis for up to an additional two years for treatability studies
involving bioremediation. The Department may grant requests on a case-by-case
basis for quantity limits in excess of those specified in
335-14-2-.01(4)(e)2.(i) and
(ii) and
335-14-2-.01(4)(f)4.,
for up to an additional 5000 kg of media contaminated with non-acute hazardous
waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with
acute hazardous waste and 1 kg of acute hazardous waste:
(i) In response to requests for authorization
to ship, store and conduct treatability studies on additional quantities in
advance of commencing treatability studies. Factors to be considered in
reviewing such requests include the nature of the technology, the type of
process (e.g., batch versus continuous), size of unit undergoing testing
(particularly 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.
(ii) In response to requests for
authorization to ship, store and conduct treatability studies on additional
quantities after initiation or completion of initial treatability studies,
when: There has been an equipment or mechanical failure during the conduct of a
treatability study; there is a need to verify the results of a previously
conducted treatability study; there is a need to study and analyze alternative
techniques within a previously evaluated treatment process ; or there is a need
to do further evaluation of an ongoing treatability study to determine final
specifications for treatment.
(iii)
The additional quantities and timeframes allowed in
335-14-2-.01(4)(e)3.(i) and
(ii) are subject to all the provisions in
335-14-2-.01(4)(e)1.
and 2.(iii) through (vi). The generator or sample collector must apply to the
Department and provide in writing the following information:
(I) The reason why the generator or sample
collector requires additional time or quantity of sample for the treatability
study evaluation and the additional quantity needed;
(II) Documentation accounting for all samples
of hazardous waste from the waste stream which have been sent for or undergone
treatability studies including the date each previous sample from the waste
stream was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability study processes
were conducted on each sample shipped, and the available results of each
treatability study;
(III) A
description of the technical modifications or change in specifications which
will be evaluated and the expected results;
(IV) If such further study is being required
due to equipment or mechanical failure, the applicant must include information
regarding the reason for the failure or breakdown and also include what
procedures or equipment improvements have been made to protect against further
breakdowns; and
(V) Such other
information that the Department considers necessary.
4. In order to qualify for the
exemption in
335-14-2-.01(4)(e)1.(i),
the mass of a sample that will be exported to a foreign laboratory or testing
facility, or that will be imported to a U.S. laboratory or testing facility
from a foreign source must additionally not exceed 25 kg.
(f) Samples Undergoing Treatability Studies
at Laboratories and Testing Facilities. Samples undergoing treatability studies
and the laboratory or testing facility conducting such treatability studies (to
the extent such facilities are not otherwise subject to AHWMMA or RCRA
requirements) are not subject to any requirement of 335-14-2, and 335-14-3
through 335-14-9, or to the notification requirements of Section 3010 of RCRA
provided that the conditions of
335-14-2-.01(4)(f)1.
through 11. are met. A mobile treatment unit (MTU) may qualify as a testing
facility subject to
335-14-2-.01(4)(f)1. through
(f)11. Where a group of MTUs are located at
the same site, the limitations specified in
335-14-2-.01(4)(f)1.
through 11. apply to the entire group of MTUs collectively as if the group were
one MTU.
1. No less than 45 days before
conducting treatability studies, the facility notifies the State Director in
writing that it intends to conduct treatability studies under
335-14-2-.01(4)(f).
2. The laboratory or testing facility
conducting the treatability study has an EPA identification number.
3. No more than a total of 10,000 kg of "as
received" media contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other "as received"
hazardous waste is subjected 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.
4. The quantity of "as received" hazardous
waste stored at the facility for the purpose of evaluation in treatability
studies does not exceed 10,000 kg, the total of which can include 10,000 kg of
media contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes
other than contaminated media, and 1 kg of acute hazardous waste. This quantity
limitation does not include treatment materials (including non-hazardous solid
waste) added to "as received" hazardous waste.
5. No more than 90 days have elapsed since
the treatability study for the sample was completed, or no more than one year
(two years for treatability studies involving bioremediation) has elapsed since
the generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg 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.
6. The treatability study
does not involve the placement of hazardous waste on the land or open burning
of hazardous waste.
7. The facility
maintains records for 3 years following completion of each study that show
compliance with the treatment rate limits and the storage time and quantity
limits. The following specific information must be included for each
treatability study conducted:
(i) The name,
address, and EPA identification number of the generator or sample collector of
each waste sample;
(ii) The date
the shipment was received;
(iii)
The quantity of waste accepted;
(iv) The quantity of "as received" waste in
storage each day ;
(v) The date the
treatment study was initiated and the amount of "as received" waste introduced
to treatment each day ;
(vi) The
date the treatability study was concluded;
(vii) The date any unused sample or residues
generated from the treatability study were returned to the generator or sample
collector or, if sent to a designated facility, the name of the facility and
the EPA identification number.
8. 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 3 years from the completion date of each treatability study.
9. The facility prepares and submits a report
to the Director by March 15 of each year that includes the following
information for the previous calendar year:
(i) The name, address, and EPA identification
number of the facility conducting the treatability studies;
(ii) The types (by process ) of treatability
studies conducted;
(iii) The names
and addresses of persons for whom studies have been conducted (including their
EPA identification numbers);
(iv)
The total quantity of waste in storage each day ;
(v) The quantity and types of waste subjected
to treatability studies;
(vi) When
each treatability study was conducted;
(vii) The final disposition of residues and
unused sample from each treatability study.
10. The facility determines whether any
unused sample or residues generated by the treatability study are hazardous
waste under
335-14-2-.01(3)
and, if so, are subject to 335-14-2 through 335-14-9, unless the residues and
unused samples are returned to the sample originator under the
335-14-2-.01(4)(e)
exemption .
11. The facility
notifies the State Director by letter when the facility is no longer planning
to conduct any treatability studies at the site.
(g)
Dredged material that is not
a hazardous waste. Dredged material that is subject to the
requirements of a permit that has been issued under §404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) or section 103 of
the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1413) is not a hazardous waste. For
335-14-2-.01(4)(g),
the following definitions apply:
1. The term
"dredged material" has the same meaning as defined in 40 DFR 232.2;
2. The term "permit " means:
(i) A permit issued by the U.S. Army Corps of
Engineers (Corps) or an approved State under section 404 of the Federal Water
Pollution Control Act (33
U.S.C. 1344);
(ii) A permit issued by the Corps under
section 103 of the marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C.
1413); or
(iii) In the case of Corps civil works
projects, the administrative equivalent of the permits referred to in
335-14-2-.01(4)(g)2.(i) and
(ii), as provided for in Corps regulation
(for example, see 33 CPR 336.1, 336.2, and 337.6)
(h) [Reserved]
(i) [Reserved]
(j) Airbag waste.
1. Airbag waste at the airbag waste handler
or during transport to an airbag waste collection facility or designated
facility is not subject to regulation under 335-14-3 through 335-14-9, and is
not subject to the notification requirements of section 3010 of RCRA provided
that:
(i) The airbag waste is accumulated in
a quantity of no more than 250 airbag modules or airbag inflators, for no
longer than 180 days;
(ii) The
airbag waste is packaged in a container designed to address the risk posed by
the airbag waste and labeled "Airbag Waste - Do Not Reuse;"
(iii) The airbag waste is sent directly to
either:
(I) An airbag waste collection
facility in the United States under the control of a vehicle manufacturer or
their authorized representative, or under the control of an authorized party
administering a remedy program in response to a recall under the National
Highway Traffic Safety Administration, or
(II) A designated facility as defined in
335-14-1-.02(1);
(iv) The transport of the airbag waste
complies with all applicable U.S. Department of Transportation regulations in
49 CFR part 171 through 180 during transit;
(v) The airbag waste handler maintains at the
handler facility for no less than three (3) years records of all off-site
shipments of airbag waste and all confirmations of receipt from the receiving
facility. For each shipment, these records must, at a minimum, contain the name
of the transporter and date of the shipment; name and address of receiving
facility; and the type and quantity of airbag waste (i.e., airbag modules or
airbag inflators) in the shipment. Confirmations of receipt must include the
name and address of the receiving facility; the type and quantity of the airbag
waste (i.e., airbag modules and airbag inflators) received; and the date which
it was received. Shipping records and confirmations of receipt must be made
available for inspection and may be satisfied by routine business records
(e.g., electronic or paper financial records, bills of lading, copies of DOT
shipping papers, or electronic confirmations of receipt).
2. Once the airbag waste arrives at an airbag
waste collection facility or designated facility, it becomes subject to all
applicable hazardous waste regulations, and the facility receiving airbag waste
is considered the hazardous waste generator for the purposes of the hazardous
waste regulations and must comply with the requirements of 335-14-3.
3. Reuse in vehicles of defective airbag
modules or defective airbag inflators subject to a recall under the National
Highway Traffic Safety Administration is considered sham recycling and
prohibited under
335-14-2-.01(2)(g).
(5)
[Reserved]
(6)
Requirements for recyclable
materials.
(a)
1. Hazardous wastes that are recycled are
subject to the requirements for generators, transporters, and storage
facilities of
335-14-2-.01(6)(b) and
(c), except for the materials listed in
335-14-2-.01(6)(a)2. and
(a)3. Hazardous wastes that are recycled will
be known as "recyclable materials".
2. The following recyclable materials are not
subject to the requirements of
335-14-2-.01(6)
but are regulated under
335-14-7-.03 through
335-14-7-.14 and all applicable
provisions of 335-14-8 and 335-14-9.
(i)
Recyclable materials used in a manner constituting disposal (335-14-7-.03);
(ii) Hazardous wastes burned [the definition
of which is incorporated by reference in rule
335-14-7-.08(1)]
for energy recovery in boilers and industrial furnaces that are not regulated
under 335-14-5-.15 and
335-14-6-.15 (335-14-7-.08);
(iii) Recyclable materials from which
precious metals are reclaimed (335-14-7-.06).
(iv) Spent lead-acid batteries that are being
reclaimed (335-14-7-.07).
3. The following recyclable materials are not
subject to regulation under 335-14-3 through 335-14-9, and are not subject to
the notification requirements of Section 3010 of RCRA:
(i) The following recyclable materials are
not subject to regulation under 335-14-3 through 335-14-9, and are not subject
to the notification requirements of Section 3010 of RCRA:
(I) A person initiating a shipment for
reclamation in a foreign country, and any intermediary arranging for the
shipment, must comply with the requirements applicable to a primary exporter in
335-14-3-.05(4),
335-14-3-.05(7)(a)1.
through 4., 6., and
335-14-3-.05(7)(b),
and 335-14-3-.05(8),
export such materials only upon consent of the receiving country and in
conformance with the EPA Acknowledgment of Consent as defined in
335-14-1-.02, and provide a copy
of the EPA Acknowledgment of Consent to the shipment to the transporter
transporting the shipment for export;
(II) Transporters transporting a shipment for
export may not accept a shipment if he knows the shipment does not conform to
the EPA Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure that it is
delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap
metal that is not excluded under
335-14-2-.01(4)(a)13.;
(iii) Fuels produced from the refining of
oil-bearing hazardous wastes 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 oilbearing hazardous waste, where such
recovered oil is already excluded under
335-14-2-.01(4)(a)12.);
(iv)
(I)
Hazardous waste fuel produced from oilbearing hazardous wastes from petroleum
refining, production, or transportation practices, or produced from oil
reclaimed from such hazardous wastes, where such hazardous wastes are
reintroduced into a process that does not use distillation or does not produce
products from crude oil so long as the resulting fuel meets the used oil
specification under
335-14-17-.02(2)
and so long as no other hazardous wastes are used to produce the hazardous
waste fuel;
(II) Hazardous waste
fuel produced from oilbearing hazardous waste from petroleum refining
production, and transportation practices, where such hazardous wastes are
reintroduced into a refining process after a point at which contaminants are
removed, so long as the fuel meets the used oil fuel specification under
335-14-17-.02(2);
and
(III) Oil reclaimed from
oil-bearing hazardous wastes from petroleum refining, production, and
transportation practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process , so long as the reclaimed oil meets the
used oil fuel specifications under
335-14-17-.02(2).
4. Used oil that is recycled and
is also a hazardous waste solely because it exhibits a hazardous characteristic
is not subject to the requirements of 335-14-1 through 335-14-7 and 335-14-9,
but is regulated under 335-14-17. Used oil that is recycled includes any used
oil which is reused, following its original use, for any purpose (including the
purpose for which the oil was originally used). Such term includes, but is not
limited to, oil which is re-refined, reclaimed, burned for energy recovery, or
reprocessed.
5. Hazardous waste
that is exported to or imported.
(b) Generators and transporters of recyclable
materials are subject to the applicable requirements of 335-14-3 and 335-14-4
and the notification requirements under Section 3010 of RCRA, except as
provided in
335-14-2-.01(6)(a).
(c)
1.
Owners or operators of facilities that store recyclable materials before they
are recycled are regulated under all applicable provisions of Rules
335-14-5-.01 through
335-14-5-.12,
335-14-5-.27,
335-14-5-.28,
335-14-5-.29,
335-14-6-.01 through
335-14-6-.12,
335-14-6-.27,
335-14-6-.28,
335-14-6-.29, and under 335-14-7,
335-14-8 (except as provided in
335-14-8-.01(1)(c)3.(v)),
335-14-9, and the notification requirements under Section 3010 of RCRA, except
as provided in
335-14-2-.01(6)(a).
[The recycling process itself is exempt from regulation except as provided in
335-14-2-.01(6)(d).]
2. Owners or operators of facilities that
recycle recyclable materials without storing them before they are recycled are
subject to the following requirements, except as provided in
335-14-2-.01(6)(a):
(i) Notification requirements for small and
large quantity generators under
335-14-3-.01(8);
(ii)335-14-6-.05(2)
and (3) (dealing with the use of the manifest
and manifest discrepancies);
(iii)335-14-2-.01(6)(d);
(iv)335-14-6-.05(6)
(biennial reporting requirements)
(d) Owners or operators of facilities subject
to RCRA or AHWMMA permitting requirements with hazardous waste management units
that recycle hazardous wastes are subject to the requirements of Rules
335-14-5-.27,
335-14-5-.28,
335-14-6-.27, and
335-14-6-.28.
(7)
Residues of hazardous waste
in empty containers.
(a)
1. Any hazardous waste remaining in either:
(i) An empty container or
(ii) An inner liner removed from an empty
container, as defined in
335-14-2-.01(7)(b),
is not subject to regulation under 335-14-2 through 335-14-9 or to the
notification requirements of Section 3010 of RCRA.
2. Any hazardous waste in either:
(i) A container that is not empty
or
(ii) An inner liner removed from
a container that is not empty, as defined in
335-14-2-.01(7)(b)
is subject to regulation under 335-14-2 through 335-14-9 and to the
notification requirements of Section 3010 of RCRA.
3. Residues removed from an empty container
are solid wastes subject to the requirements of
335-14-3-.01(2).
(b)
1. A container or an inner liner removed from
a container that has held any hazardous waste, except a waste that is a
compressed gas or that is identified as an acute hazardous waste listed in
335-14-2-.04(2), or
(4)(e) is empty if:
(i) All wastes have been removed that can be
removed using the practices commonly employed to remove materials from that
type of container (e.g., pouring, pumping, and aspirating); and
(ii) No more than 2.5 centimeters (one inch)
of residue remain on the bottom of the container or inner liner; or
(iii)
(I)
No more than 3 percent by weight of the total capacity of the container remains
in the container or inner liner if the container is less than or equal to 119
gallons in size, or
(II) No more
than 0.3 percent by weight of the total capacity of the container remains in
the container or inner liner if the container is greater than 119 gallons in
size.
2. A
container that has held a hazardous waste that is a compressed gas is empty
when the pressure in the container approaches atmospheric.
3. A container or an inner liner removed from
a container that has held an acute hazardous waste listed in
335-14-2-.04(2), or
(4)(e) is empty if:
(i) All visible residues have been removed
and the container or inner liner has been triple rinsed using a solvent capable
of removing the commercial chemical product or manufacturing chemical
intermediate;
(ii) 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
(iii) In the
case of a container, the inner liner that prevented contact of the commercial
chemical product or manufacturing chemical intermediate with the container, has
been removed.
(c) Containers of hazardous waste
pharmaceuticals are subject to
335-14-7-.16(7)
for determining when they are considered empty, in lieu of
335-14-2-.01(7),
except as provided by
335-14-7-.16(7)(c) and
(d).
(8)
PCB Wastes Regulated Under
Toxic Substance Control Act
. The disposal of PCB-containing
dielectric fluid and electric equipment containing such fluid authorized for
use and regulated under Part 761 of 40 CFR and that are hazardous only because
they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018
through D043 only) are exempt, except for the provisions of Rules
335-14-5-.25 and
335-14-6-.21, from regulation
under 335-14-2 through 335-14-6, and 335-14-9, Parts 270 and 124 of 40 CFR, and
the notification requirements of Section 3010 of RCRA.
(9)
Requirements for Universal
Waste. The wastes listed in
335-14-2-.01(9)
are exempt from regulation under 335-14-3 through 335-14-9, except as specified
in 335-14-11 and, therefore are not fully regulated as hazardous waste. The
wastes listed in
335-14-2-.01(9)
are subject to regulation under 335-14-11:
(a) Batteries as described in
335-14-11-.01(2);
(b) Pesticides as described in
335-14-11-.01(3);
(c) Mercury-containing equipment as described
in 335-14-11-.01(4);
(d) Lamps as described in
335-14-11-.01(5),
and
(e) Aerosol cans described in
335-14-11-.01(6).
(10)
Residues of hazardous waste
in empty tanks.
(a)335-14-2-.01 only applies to
hazardous waste accumulated or stored in tanks. Tanks remain subject to
applicable closure standards in 335-14-3, 335-14-5, and 335-14-6 for all
hazardous waste numbers placed into the tank since it was last decontaminated,
in accordance with
335-14-5-.07 or
335-14-6-.07.
(b) A tank that has held any hazardous waste,
except a waste that is a compressed gas or that is identified as an acute
hazardous waste listed in
335-14-2-.04(2), (3), or
(4)(e), is empty if:
1. All wastes have been removed that can be
removed using the practices commonly employed to remove materials from that
type of tank (e.g., draining, pumping, and aspirating);
2. No more than 0.3 percent by volume of the
total capacity of the tank or 100 gallons, whichever is less, remains in the
tank; and
3. The removal of waste
in accordance with
335-14-2-.01(10)(b)1.
and volume and percent of total capacity remaining in the tank in accordance
with 335-14-2-.01(10)(b)2.
has been certified with the date, time and name of the person making the
certification.
(c)
1. Hazardous waste subsequently placed into a
tank which has been emptied in accordance with
335-14-2-.01(10)(b)
will be identified only by those hazardous waste numbers which are applicable
to the waste prior to entering the tank. Any residue remaining in an empty tank
system will not cause waste subsequently placed into the tank to be identified
pursuant to
335-14-2-.01(3)(a)2.(iv).
All hazardous waste numbers applicable to waste placed in the tank since it was
last decontaminated will apply to the tank system upon closure.
2. Residues removed from an empty tank are
solid wastes subject to the requirements of
335-14-3-.01(2).
(d) Respondents in actions to enforce rules
and regulations implementing the AHWMMA, who raise a claim that a tank or tank
system was empty in accordance with
335-14-2-.01(10),
must demonstrate compliance with
335-14-2-.01(10)
by providing appropriate documentation.
Notes
Rule 335-14-2-.01(10) is only mandatory when a generator or
Author: Stephen C. Maurer; Steven O. Jenkins; Michael B. Jones; Stephen A. Cobb; Ron Shell; Michael Champion; Amy P. Zachry; Lynn T. Roper; C. Edwin Johnston; Robert W. Barr; Bradley N. Curvin; Jonah L.Harris; Theresa A. Maines; Heather M. Jones; Clethes Stallworth; Metz P. Duites; Vernon H. Crockett; Linda J. Knickerbocker; Brent A. Watson; Sonja B. Favors.
Statutory Authority: Code of Ala. 1975, §§ 22-30-10, 22-30-11, 22-30-14, 22-30-15, 22-30-16.
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