Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 261  /  Sec. 261.31 Hazardous wastes from non-specific sources.

(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under Secs. 260.20 and 260.22 and listed in appendix IX. ------------------------------------------------------------------------Industry and EPA hazardous

waste No. Hazardous waste Hazard code------------------------------------------------------------------------Generic:

F001.................... The following spent (T)

halogenated solvents

used in degreasing:

Tetrachloroethylene,

trichloroethylene,

methylene chloride,

1,1,1-trichloroethane,

carbon tetrachloride,

and chlorinated

fluorocarbons; all

spent solvent mixtures/

blends used in

degreasing containing,

before use, a total of

ten percent or more (by

volume) of one or more

of the above

halogenated solvents or

those solvents listed

in F002, F004, and

F005; and still bottoms

from the recovery of

these spent solvents

and spent solvent

mixtures.

F002.................... The following spent (T)

halogenated solvents:

Tetrachloroethylene,

methylene chloride,

trichloroethylene,

1,1,1-trichloroethane,

chlorobenzene, 1,1,2-

trichloro-1,2,2-

trifluoroethane, ortho-

dichlorobenzene,

trichlorofluoromethane,

and 1,1,2-

trichloroethane; all

spent solvent mixtures/

blends containing,

before use, a total of

ten percent or more (by

volume) of one or more

of the above

halogenated solvents or

those listed in F001,

F004, or F005; and

still bottoms from the

recovery of these spent

solvents and spent

solvent mixtures.

F003.................... The following spent non- (I)*

halogenated solvents:

Xylene, acetone, ethyl

acetate, ethyl benzene,

ethyl ether, methyl

isobutyl ketone, n-

butyl alcohol,

cyclohexanone, and

methanol; all spent

solvent mixtures/blends

containing, before use,

only the above spent

non-halogenated

solvents; and all spent

solvent mixtures/blends

containing, before use,

one or more of the

above non-halogenated

solvents, and, a total

of ten percent or more

(by volume) of one or

more of those solvents

listed in F001, F002,

F004, and F005; and

still bottoms from the

recovery of these spent

solvents and spent

solvent mixtures.

F004.................... The following spent non- (T)

halogenated solvents:

Cresols and cresylic

acid, and nitrobenzene;

all spent solvent

mixtures/blends

containing, before use,

a total of ten percent

or more (by volume) of

one or more of the

above non-halogenated

solvents or those

solvents listed in

F001, F002, and F005;

and still bottoms from

the recovery of these

spent solvents and

spent solvent mixtures.

F005.................... The following spent non- (I,T)

halogenated solvents:

Toluene, methyl ethyl

ketone, carbon

disulfide, isobutanol,

pyridine, benzene, 2-

ethoxyethanol, and 2-

nitropropane; all spent

solvent mixtures/blends

containing, before use,

a total of ten percent

or more (by volume) of

one or more of the

above non-halogenated

solvents or those

solvents listed in

F001, F002, or F004;

and still bottoms from

the recovery of these

spent solvents and

spent solvent mixtures.

F006.................... Wastewater treatment (T)

sludges from

electroplating

operations except from

the following

processes: (1) Sulfuric

acid anodizing of

aluminum; (2) tin

plating on carbon

steel; (3) zinc plating

(segregated basis) on

carbon steel; (4)

aluminum or zinc-

aluminum plating on

carbon steel; (5)

cleaning/stripping

associated with tin,

zinc and aluminum

plating on carbon

steel; and (6) chemical

etching and milling of

aluminum.

F007.................... Spent cyanide plating (R, T)

bath solutions from

electroplating

operations.

F008.................... Plating bath residues (R, T)

from the bottom of

plating baths from

electroplating

operations where

cyanides are used in

the process.

F009.................... Spent stripping and (R, T)

cleaning bath solutions

from electroplating

operations where

cyanides are used in

the process.

F010.................... Quenching bath residues (R, T)

from oil baths from

metal heat treating

operations where

cyanides are used in

the process.

F011.................... Spent cyanide solutions (R, T)

from salt bath pot

cleaning from metal

heat treating

operations.

F012.................... Quenching waste water (T)

treatment sludges from

metal heat treating

operations where

cyanides are used in

the process.

F019...................... Wastewater treatment (T)

sludges from the

chemical conversion

coating of aluminum

except from zirconium

phosphating in aluminum

can washing when such

phosphating is an

exclusive conversion

coating process.

Wastewater treatment

sludges from the

manufacturing of motor

vehicles using a zinc

phosphating process

will not be subject to

this listing at the

point of generation if

the wastes are not

placed outside on the

land prior to shipment

to a landfill for

disposal and are

either: disposed in a

Subtitle D municipal or

industrial landfill

unit that is equipped

with a single clay

liner and is permitted,

licensed or otherwise

authorized by the

state; or disposed in a

landfill unit subject

to, or otherwise

meeting, the landfill

requirements in Sec.

258.40, Sec. 264.301

or Sec. 265.301. For

the purposes of this

listing, motor vehicle

manufacturing is

defined in paragraph

(b)(4)(i) of this

(4)(i) of this

(i) of this

section and (b)(4)(ii)

of this section

describes the

recordkeeping

requirements for motor

vehicle manufacturing

facilities.

F020.................... Wastes (except (H)

wastewater and spent

carbon from hydrogen

chloride purification)

from the production or

manufacturing use (as a

reactant, chemical

intermediate, or

component in a

formulating process) of

tri- or

tetrachlorophenol, or

of intermediates used

to produce their

pesticide derivatives.

(This listing does not

include wastes from the

production of

Hexachlorophene from

highly purified 2,4,5-

trichlorophenol.).

F021.................... Wastes (except (H)

wastewater and spent

carbon from hydrogen

chloride purification)

from the production or

manufacturing use (as a

reactant, chemical

intermediate, or

component in a

formulating process) of

pentachlorophenol, or

of intermediates used

to produce its

derivatives.

F022.................... Wastes (except (H)

wastewater and spent

carbon from hydrogen

chloride purification)

from the manufacturing

use (as a reactant,

chemical intermediate,

or component in a

formulating process) of

tetra-, penta-, or

hexachlorobenzenes

under alkaline

conditions.

F023.................... Wastes (except (H)

wastewater and spent

carbon from hydrogen

chloride purification)

from the production of

materials on equipment

previously used for the

production or

manufacturing use (as a

reactant, chemical

intermediate, or

component in a

formulating process) of

tri- and

tetrachlorophenols.

(This listing does not

include wastes from

equipment used only for

the production or use

of Hexachlorophene from

highly purified 2,4,5-

trichlorophenol.).

F024.................... Process wastes, (T)

including but not

limited to,

distillation residues,

heavy ends, tars, and

reactor clean-out

wastes, from the

production of certain

chlorinated aliphatic

hydrocarbons by free

radical catalyzed

processes. These

chlorinated aliphatic

hydrocarbons are those

having carbon chain

lengths ranging from

one to and including

five, with varying

amounts and positions

of chlorine

substitution. (This

listing does not

include wastewaters,

wastewater treatment

sludges, spent

catalysts, and wastes

listed in Sec. 261.31

or Sec. 261.32.).

F025.................... Condensed light ends, (T)

spent filters and

filter aids, and spent

desiccant wastes from

the production of

certain chlorinated

aliphatic hydrocarbons,

by free radical

catalyzed processes.

These chlorinated

aliphatic hydrocarbons

are those having carbon

chain lengths ranging

from one to and

including five, with

varying amounts and

positions of chlorine

substitution.

F026.................... Wastes (except (H)

wastewater and spent

carbon from hydrogen

chloride purification)

from the production of

materials on equipment

previously used for the

manufacturing use (as a

reactant, chemical

intermediate, or

component in a

formulating process) of

tetra-, penta-, or

hexachlorobenzene under

alkaline conditions.

F027.................... Discarded unused (H)

formulations containing

tri-, tetra-, or

pentachlorophenol or

discarded unused

formulations containing

compounds derived from

these chlorophenols.

(This listing does not

include formulations

containing

Hexachlorophene

sythesized from

prepurified 2,4,5-

trichlorophenol as the

sole component.).

F028.................... Residues resulting from (T)

the incineration or

thermal treatment of

soil contaminated with

EPA Hazardous Waste

Nos. F020, F021, F022,

F023, F026, and F027.

F032.................... Wastewaters (except (T)

those that have not

come into contact with

process contaminants),

process residuals,

preservative drippage,

and spent formulations

from wood preserving

processes generated at

plants that currently

use or have previously

used chlorophenolic

formulations (except

potentially cross-

contaminated wastes

that have had the F032

waste code deleted in

accordance with Sec.

261.35 of this chapter

or potentially cross-

contaminated wastes

that are otherwise

currently regulated as

hazardous wastes (i.e.,

F034 or F035), and

where the generator

does not resume or

initiate use of

chlorophenolic

formulations). This

listing does not

include K001 bottom

sediment sludge from

the treatment of

wastewater from wood

preserving processes

that use creosote and/

or pentachlorophenol.

F034.................... Wastewaters (except (T)

those that have not

come into contact with

process contaminants),

process residuals,

preservative drippage,

and spent formulations

from wood preserving

processes generated at

plants that use

creosote formulations.

This listing does not

include K001 bottom

sediment sludge from

the treatment of

wastewater from wood

preserving processes

that use creosote and/

or pentachlorophenol.

F035.................... Wastewaters (except (T)

those that have not

come into contact with

process contaminants),

process residuals,

preservative drippage,

and spent formulations

from wood preserving

processes generated at

plants that use

inorganic preservatives

containing arsenic or

chromium. This listing

does not include K001

bottom sediment sludge

from the treatment of

wastewater from wood

preserving processes

that use creosote and/

or pentachlorophenol.

F037.................... Petroleum refinery (T)

primary oil/water/

solids separation

sludge--Any sludge

generated from the

gravitational

separation of oil/water/

solids during the

storage or treatment of

process wastewaters and

oily cooling

wastewaters from

petroleum refineries.

Such sludges include,

but are not limited to,

those generated in oil/

water/solids

separators; tanks and

impoundments; ditches

and other conveyances;

sumps; and stormwater

units receiving dry

weather flow. Sludge

generated in stormwater

units that do not

receive dry weather

flow, sludges generated

from non-contact once-

through cooling waters

segregated for

treatment from other

process or oily cooling

waters, sludges

generated in aggressive

biological treatment

units as defined in

Sec. 261.31(b)(2)

(including sludges

generated in one or

more additional units

after wastewaters have

been treated in

aggressive biological

treatment units) and

K051 wastes are not

included in this

listing. This listing

does include residuals

generated from

processing or recycling

oil-bearing hazardous

secondary materials

excluded under Sec.

261.4(a)(12)(i), if

those residuals are to

be disposed of.

F038.................... Petroleum refinery (T)

secondary (emulsified)

oil/water/solids

separation sludge--Any

sludge and/or float

generated from the

physical and/or

chemical separation of

oil/water/solids in

process wastewaters and

oily cooling

wastewaters from

petroleum refineries.

Such wastes include,

but are not limited to,

all sludges and floats

generated in: induced

air flotation (IAF)

units, tanks and

impoundments, and all

sludges generated in

DAF units. Sludges

generated in stormwater

units that do not

receive dry weather

flow, sludges generated

from non-contact once-

through cooling waters

segregated for

treatment from other

process or oily cooling

waters, sludges and

floats generated in

aggressive biological

treatment units as

defined in Sec.

261.31(b)(2) (including

sludges and floats

generated in one or

more additional units

after wastewaters have

been treated in

aggressive biological

treatment units) and

F037, K048, and K051

wastes are not included

in this listing.

F039.................... Leachate (liquids that (T)

have percolated through

land disposed wastes)

resulting from the

disposal of more than

one restricted waste

classified as hazardous

under subpart D of this

part. (Leachate

resulting from the

disposal of one or more

of the following EPA

Hazardous Wastes and no

other Hazardous Wastes

retains its EPA

Hazardous Waste

Number(s): F020, F021,

F022, F026, F027, and/

or F028.).------------------------------------------------------------------------*(I,T) should be used to specify mixtures that are ignitable and contain

toxic constituents.

(b) Listing Specific Definitions:

(1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.

(2)(i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employ a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.

(i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employ a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.

(ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.

(3) (i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

(i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

(ii) For the purposes of the F038 listing, (A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and (B) floats are considered to be generated at the moment they are formed in the top of the unit.

(4) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process.

(i) Motor vehicle manufacturing is defined to include the manufacture of automobiles and light trucks/utility vehicles (including light duty vans, pick-up trucks, minivans, and sport utility vehicles). Facilities must be engaged in manufacturing complete vehicles (body and chassis or unibody) or chassis only.

(ii) Generators must maintain in their on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records must include: the volume of waste generated and disposed of off site; documentation showing when the waste volumes were generated and sent off site; the name and address of the receiving facility; and documentation confirming receipt of the waste by the receiving facility. Generators must maintain these documents on site for no less than three years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the Regional Administrator or the state regulatory authority. [46 FR 4617, Jan. 16, 1981]

Editorial Note: For Federal Register citations affecting Sec. 261.31, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.