Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 261  /  Sec. 261.32 Hazardous wastes from specific sources.

(a)The following solid wastes are listed hazardous wastes from 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------------------------------------------------------------------------Wood preservation: K001........ Bottom sediment sludge (T)

from the treatment of

wastewaters from wood

preserving processes

that use creosote and/or

pentachlorophenol.Inorganic pigments:

K002......................... Wastewater treatment (T)

sludge from the

production of chrome

yellow and orange

pigments.

K003......................... Wastewater treatment (T)

sludge from the

production of molybdate

orange pigments.

K004......................... Wastewater treatment (T)

sludge from the

production of zinc

yellow pigments.

K005......................... Wastewater treatment (T)

sludge from the

production of chrome

green pigments.

K006......................... Wastewater treatment (T)

sludge from the

production of chrome

oxide green pigments

(anhydrous and hydrated).

K007......................... Wastewater treatment (T)

sludge from the

production of iron blue

pigments.

K008......................... Oven residue from the (T)

production of chrome

oxide green pigments.Organic chemicals:

K009......................... Distillation bottoms from (T)

the production of

acetaldehyde from

ethylene.

K010......................... Distillation side cuts (T)

from the production of

acetaldehyde from

ethylene.

K011......................... Bottom stream from the (R, T)

wastewater stripper in

the production of

acrylonitrile.

K013......................... Bottom stream from the (R, T)

acetonitrile column in

the production of

acrylonitrile.

K014......................... Bottoms from the (T)

acetonitrile

purification column in

the production of

acrylonitrile.

K015......................... Still bottoms from the (T)

distillation of benzyl

chloride.

K016......................... Heavy ends or (T)

distillation residues

from the production of

carbon tetrachloride.

K017......................... Heavy ends (still (T)

bottoms) from the

purification column in

the production of

epichlorohydrin.

K018......................... Heavy ends from the (T)

fractionation column in

ethyl chloride

production.

K019......................... Heavy ends from the (T)

distillation of ethylene

dichloride in ethylene

dichloride production.

K020......................... Heavy ends from the (T)

distillation of vinyl

chloride in vinyl

chloride monomer

production.

K021......................... Aqueous spent antimony (T)

catalyst waste from

fluoromethanes

production.

K022......................... Distillation bottom tars (T)

from the production of

phenol/acetone from

cumene.

K023......................... Distillation light ends (T)

from the production of

phthalic anhydride from

naphthalene.

K024......................... Distillation bottoms from (T)

the production of

phthalic anhydride from

naphthalene.

K025......................... Distillation bottoms from (T)

the production of

nitrobenzene by the

nitration of benzene.

K026......................... Stripping still tails (T)

from the production of

methy ethyl pyridines.

K027......................... Centrifuge and (R, T)

distillation residues

from toluene

diisocyanate production.

K028......................... Spent catalyst from the (T)

hydrochlorinator reactor

in the production of

1,1,1-trichloroethane.

K029......................... Waste from the product (T)

steam stripper in the

production of 1,1,1-

trichloroethane.

K030......................... Column bottoms or heavy (T)

ends from the combined

production of

trichloroethylene and

perchloroethylene.

K083......................... Distillation bottoms from (T)

aniline production.

K085......................... Distillation or (T)

fractionation column

bottoms from the

production of

chlorobenzenes.

K093......................... Distillation light ends (T)

from the production of

phthalic anhydride from

ortho-xylene.

K094......................... Distillation bottoms from (T)

the production of

phthalic anhydride from

ortho-xylene.

K095......................... Distillation bottoms from (T)

the production of 1,1,1-

trichloroethane.

K096......................... Heavy ends from the heavy (T)

ends column from the

production of 1,1,1-

trichloroethane.

K103......................... Process residues from (T)

aniline extraction from

the production of

aniline.

K104......................... Combined wastewater (T)

streams generated from

nitrobenzene/aniline

production.

K105......................... Separated aqueous stream (T)

from the reactor product

washing step in the

production of

chlorobenzenes.

K107......................... Column bottoms from (C,T)

product separation from

the production of 1,1-

dimethylhydrazine (UDMH)

from carboxylic acid

hydrazides.

K108......................... Condensed column (I,T)

overheads from product

separation and condensed

reactor vent gases from

the production of 1,1-

dimethylhydrazine (UDMH)

from carboxylic acid

hydrazides.

K109......................... Spent filter cartridges (T)

from product

purification from the

production of 1,1-

dimethylhydrazine (UDMH)

from carboxylic acid

hydrazides.

K110......................... Condensed column (T)

overheads from

intermediate separation

from the production of

1,1-dimethylhydrazine

(UDMH) from carboxylic

acid hydrazides.

K111......................... Product washwaters from (C,T)

the production of

dinitrotoluene via

nitration of toluene.

K112......................... Reaction by-product water (T)

from the drying column

in the production of

toluenediamine via

hydrogenation of

dinitrotoluene.

K113......................... Condensed liquid light (T)

ends from the

purification of

toluenediamine in the

production of

toluenediamine via

hydrogenation of

dinitrotoluene.

K114......................... Vicinals from the (T)

purification of

toluenediamine in the

production of

toluenediamine via

hydrogenation of

dinitrotoluene.

K115......................... Heavy ends from the (T)

purification of

toluenediamine in the

production of

toluenediamine via

hydrogenation of

dinitrotoluene.

K116......................... Organic condensate from (T)

the solvent recovery

column in the production

of toluene diisocyanate

via phosgenation of

toluenediamine.

K117......................... Wastewater from the (T)

reactor vent gas

scrubber in the

production of ethylene

dibromide via

bromination of ethene.

K118......................... Spent adsorbent solids (T)

from purification of

ethylene dibromide in

the production of

ethylene dibromide via

bromination of ethene.

K136......................... Still bottoms from the (T)

purification of ethylene

dibromide in the

production of ethylene

dibromide via

bromination of ethene.

K149......................... Distillation bottoms from (T)

the production of alpha-

(or methyl-) chlorinated

toluenes, ring-

chlorinated toluenes,

benzoyl chlorides, and

compounds with mixtures

of these functional

groups, (This waste does

not include still

bottoms from the

distillation of benzyl

chloride.).

K150......................... Organic residuals, (T)

excluding spent carbon

adsorbent, from the

spent chlorine gas and

hydrochloric acid

recovery processes

associated with the

production of alpha- (or

methyl-) chlorinated

toluenes, ring-

chlorinated toluenes,

benzoyl chlorides, and

compounds with mixtures

of these functional

groups.

K151......................... Wastewater treatment (T)

sludges, excluding

neutralization and

biological sludges,

generated during the

treatment of wastewaters

from the production of

alpha- (or methyl-)

chlorinated toluenes,

ring-chlorinated

toluenes, benzoyl

chlorides, and compounds

with mixtures of these

functional groups.

K156......................... Organic waste (including (T)

heavy ends, still

bottoms, light ends,

spent solvents,

filtrates, and

decantates) from the

production of carbamates

and carbamoyl oximes.

(This listing does not

apply to wastes

generated from the

manufacture of 3-iodo-2-

propynyl n-

butylcarbamate.).

K157......................... Wastewaters (including (T)

scrubber waters,

condenser waters,

washwaters, and

separation waters) from

the production of

carbamates and carbamoyl

oximes. (This listing

does not apply to wastes

generated from the

manufacture of 3-iodo-2-

propynyl n-

butylcarbamate.).

K158......................... Bag house dusts and (T)

filter/separation solids

from the production of

carbamates and carbamoyl

oximes. (This listing

does not apply to wastes

generated from the

manufacture of 3-iodo-2-

propynyl n-

butylcarbamate.).

K159......................... Organics from the (T)

treatment of

thiocarbamate wastes.

K161......................... Purification solids (R,T)

(including filtration,

evaporation, and

centrifugation solids),

bag house dust and floor

sweepings from the

production of

dithiocarbamate acids

and their salts. (This

listing does not include

K125 or K126.).

K174......................... Wastewater treatment (T)

sludges from the

production of ethylene

dichloride or vinyl

chloride monomer

(including sludges that

result from commingled

ethylene dichloride or

vinyl chloride monomer

wastewater and other

wastewater), unless the

sludges meet the

following conditions:

(i) they are disposed of

in a subtitle C or non-

hazardous landfill

licensed or permitted by

the state or federal

government; (ii) they

are not otherwise placed

on the land prior to

final disposal; and

(iii) the generator

maintains documentation

demonstrating that the

waste was either

disposed of in an on-

site landfill or

consigned to a

transporter or disposal

facility that provided a

written commitment to

dispose of the waste in

an off-site landfill.

Respondents in any

action brought to

enforce the requirements

of subtitle C must, upon

a showing by the

government that the

respondent managed

wastewater treatment

sludges from the

production of vinyl

chloride monomer or

ethylene dichloride,

demonstrate that they

meet the terms of the

exclusion set forth

above. In doing so, they

must provide appropriate

documentation (e.g.,

contracts between the

generator and the

landfill owner/operator,

invoices documenting

delivery of waste to

landfill, etc.) that the

terms of the exclusion

were met.

K175......................... Wastewater treatment (T)

sludges from the

production of vinyl

chloride monomer using

mercuric chloride

catalyst in an acetylene-

based process.

K181......................... Nonwastewaters from the (T)

production of dyes and/

or pigments (including

nonwastewaters

commingled at the point

of generation with

nonwastewaters from

other processes) that,

at the point of

generation, contain mass

loadings of any of the

constituents identified

in paragraph (c) of this

section that are equal

to or greater than the

corresponding paragraph

(c) levels, as

determined on a calendar

year basis. These wastes

will not be hazardous if

the nonwastewaters are:

(i) disposed in a

Subtitle D landfill unit

subject to the design

criteria in Sec.

258.40, (ii) disposed in

a Subtitle C landfill

unit subject to either

Sec. 264.301 or Sec.

265.301, (iii) disposed

in other Subtitle D

landfill units that meet

the design criteria in

Sec. 258.40, Sec.

264.301, or Sec.

265.301, or (iv) treated

in a combustion unit

that is permitted under

Subtitle C, or an onsite

combustion unit that is

permitted under the

Clean Air Act. For the

purposes of this

listing, dyes and/or

pigments production is

defined in paragraph

(b)(1) of this section.

(1) of this section.

Paragraph (d) of this

section describes the

process for

demonstrating that a

facility's

nonwastewaters are not

K181. This listing does

not apply to wastes that

are otherwise identified

as hazardous under Secs.

261.21-261.24 and 261.31-

261.33 at the point of

generation. Also, the

listing does not apply

to wastes generated

before any annual mass

loading limit is met.Inorganic chemicals:

K071......................... Brine purification muds (T)

from the mercury cell

process in chlorine

production, where

separately prepurified

brine is not used.

K073......................... Chlorinated hydrocarbon (T)

waste from the

purification step of the

diaphragm cell process

using graphite anodes in

chlorine production.

K106......................... Wastewater treatment (T)

sludge from the mercury

cell process in chlorine

production.

K176......................... Baghouse filters from the (E)

production of antimony

oxide, including filters

from the production of

intermediates (e.g.,

antimony metal or crude

antimony oxide).

K177......................... Slag from the production (T)

of antimony oxide that

is speculatively

accumulated or disposed,

including slag from the

production of

intermediates (e.g.,

antimony metal or crude

antimony oxide).

K178......................... Residues from (T)

manufacturing and

manufacturing-site

storage of ferric

chloride from acids

formed during the

production of titanium

dioxide using the

chloride-ilmenite

process.Pesticides:

K031......................... By-product salts (T)

generated in the

production of MSMA and

cacodylic acid.

K032......................... Wastewater treatment (T)

sludge from the

production of chlordane.

K033......................... Wastewater and scrub (T)

water from the

chlorination of

cyclopentadiene in the

production of chlordane.

K034......................... Filter solids from the (T)

filtration of

hexachlorocyclopentadien

e in the production of

chlordane.

K035......................... Wastewater treatment (T)

sludges generated in the

production of creosote.

K036......................... Still bottoms from (T)

toluene reclamation

distillation in the

production of disulfoton.

K037......................... Wastewater treatment (T)

sludges from the

production of disulfoton.

K038......................... Wastewater from the (T)

washing and stripping of

phorate production.

K039......................... Filter cake from the (T)

filtration of

diethylphosphorodithioic

acid in the production

of phorate.

K040......................... Wastewater treatment (T)

sludge from the

production of phorate.

K041......................... Wastewater treatment (T)

sludge from the

production of toxaphene.

K042......................... Heavy ends or (T)

distillation residues

from the distillation of

tetrachlorobenzene in

the production of 2,4,5-

T.

K043......................... 2,6-Dichlorophenol waste (T)

from the production of

2,4-D.

K097......................... Vacuum stripper discharge (T)

from the chlordane

chlorinator in the

production of chlordane.

K098......................... Untreated process (T)

wastewater from the

production of toxaphene.

K099......................... Untreated wastewater from (T)

the production of 2,4-D.

K123......................... Process wastewater (T)

(including supernates,

filtrates, and

washwaters) from the

production of

ethylenebisdithiocarbami

c acid and its salt.

K124......................... Reactor vent scrubber (C, T)

water from the

production of

ethylenebisdithiocarbami

c acid and its salts.

K125......................... Filtration, evaporation, (T)

and centrifugation

solids from the

production of

ethylenebisdithiocarbami

c acid and its salts.

K126......................... Baghouse dust and floor (T)

sweepings in milling and

packaging operations

from the production or

formulation of

ethylenebisdithiocarbami

c acid and its salts.

K131......................... Wastewater from the (C, T)

reactor and spent

sulfuric acid from the

acid dryer from the

production of methyl

bromide.

K132......................... Spent absorbent and (T)

wastewater separator

solids from the

production of methyl

bromide.Explosives:

K044......................... Wastewater treatment (R)

sludges from the

manufacturing and

processing of explosives.

K045......................... Spent carbon from the (R)

treatment of wastewater

containing explosives.

K046......................... Wastewater treatment (T)

sludges from the

manufacturing,

formulation and loading

of lead-based initiating

compounds.

K047......................... Pink/red water from TNT (R)

operations.Petroleum refining:

K048......................... Dissolved air flotation (T)

(DAF) float from the

petroleum refining

industry.

K049......................... Slop oil emulsion solids (T)

from the petroleum

refining industry.

K050......................... Heat exchanger bundle (T)

cleaning sludge from the

petroleum refining

industry.

K051......................... API separator sludge from (T)

the petroleum refining

industry.

K052......................... Tank bottoms (leaded) (T)

from the petroleum

refining industry.

K169......................... Crude oil storage tank (T)

sediment from petroleum

refining operations.

K170......................... Clarified slurry oil tank (T)

sediment and/or in-line

filter/separation solids

from petroleum refining

operations.

K171......................... Spent Hydrotreating (I,T)

catalyst from petroleum

refining operations,

including guard beds

used to desulfurize

feeds to other catalytic

reactors (this listing

does not include inert

support media).

K172......................... Spent Hydrorefining (I,T)

catalyst from petroleum

refining operations,

including guard beds

used to desulfurize

feeds to other catalytic

reactors (this listing

does not include inert

support media).Iron and steel:

K061......................... Emission control dust/ (T)

sludge from the primary

production of steel in

electric furnaces.

K062......................... Spent pickle liquor (C,T)

generated by steel

finishing operations of

facilities within the

iron and steel industry

(SIC Codes 331 and 332).Primary aluminum:

K088......................... Spent potliners from (T)

primary aluminum

reduction.Secondary lead:

K069......................... Emission control dust/ (T)

sludge from secondary

lead smelting. (Note:

This listing is stayed

administratively for

sludge generated from

secondary acid scrubber

systems. The stay will

remain in effect until

further administrative

action is taken. If EPA

takes further action

effecting this stay, EPA

will publish a notice of

the action in the

Federal Register).

K100......................... Waste leaching solution (T)

from acid leaching of

emission control dust/

sludge from secondary

lead smelting.Veterinary pharmaceuticals:

K084......................... Wastewater treatment (T)

sludges generated during

the production of

veterinary

pharmaceuticals from

arsenic or organo-

arsenic compounds.

K101......................... Distillation tar residues (T)

from the distillation of

aniline-based compounds

in the production of

veterinary

pharmaceuticals from

arsenic or organo-

arsenic compounds.

K102......................... Residue from the use of (T)

activated carbon for

decolorization in the

production of veterinary

pharmaceuticals from

arsenic or organo-

arsenic compounds.Ink formulation:

K086......................... Solvent washes and (T)

sludges, caustic washes

and sludges, or water

washes and sludges from

cleaning tubs and

equipment used in the

formulation of ink from

pigments, driers, soaps,

and stabilizers

containing chromium and

lead.Coking:

K060......................... Ammonia still lime sludge (T)

from coking operations.

K087......................... Decanter tank tar sludge (T)

from coking operations.

K141......................... Process residues from the (T)

recovery of coal tar,

including, but not

limited to, collecting

sump residues from the

production of coke from

coal or the recovery of

coke by-products

produced from coal. This

listing does not include

K087 (decanter tank tar

sludges from coking

operations).

K142......................... Tar storage tank residues (T)

from the production of

coke from coal or from

the recovery of coke by-

products produced from

coal.

K143......................... Process residues from the (T)

recovery of light oil,

including, but not

limited to, those

generated in stills,

decanters, and wash oil

recovery units from the

recovery of coke by-

products produced from

coal.

K144......................... Wastewater sump residues (T)

from light oil refining,

including, but not

limited to, intercepting

or contamination sump

sludges from the

recovery of coke by-

products produced from

coal.

K145......................... Residues from naphthalene (T)

collection and recovery

operations from the

recovery of coke by-

products produced from

coal.

K147......................... Tar storage tank residues (T)

from coal tar refining.

K148......................... Residues from coal tar (T)

distillation, including

but not limited to,

still bottoms.------------------------------------------------------------------------

(b) Listing Specific Definitions: (1) For the purposes of the K181 listing, dyes and/or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes and/or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes and/or pigments, are not included in the K181 listing.

(c) K181 Listing Levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met. ------------------------------------------------------------------------

Chemical Mass

Constituent abstracts levels

No. (kg/yr)------------------------------------------------------------------------Aniline........................................... 62-53-3 9,300o-Anisidine....................................... 90-04-0 1104-Chloroaniline................................... 106-47-8 4,800p-Cresidine....................................... 120-71-8 6602,4-Dimethylaniline............................... 95-68-1 1001,2-Phenylenediamine.............................. 95-54-5 7101,3-Phenylenediamine.............................. 108-45-2 1,200------------------------------------------------------------------------

(d) Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181. The procedures described in paragraphs (d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters from the production of dyes/pigments would not be hazardous (these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (a) of this section). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (a) of this section, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in paragraph (d)(4) of this section.

(1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents (see paragraph (c) of this section) can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years.

(2) Determination for generated quantities of 1,000 MT/yr or less for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels of paragraph (c) of this section. To make this determination, the generator must:

(i) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.

(ii) Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator must comply with the requirements of paragraph (d)(3) of this section for the remainder of the year.

(iii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

(iv) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:

(A) The quantity of dyes and/or pigment nonwastewaters generated.

(B) The relevant process information used.

(C) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.

(3) Determination for generated quantities greater than 1,000 MT/yr for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator must perform all of the steps described in paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make a determination that its waste is not K181.

(i) Determine which K181 constituents (see paragraph (c) of this section) are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed).

(ii) If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (d)(2) of this section and keep the records described in paragraph (d)(2)(iv) of this section. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described below in this section.

(iii) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:

(A) A discussion of the number of samples needed to characterize the wastes fully;

(B) The planned sample collection method to obtain representative waste samples;

(C) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.

(D) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.

(iv) Collect and analyze samples in accordance with the waste sampling and analysis plan.

(A) The sampling and analysis must be unbiased, precise, and representative of the wastes.

(B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of paragraph (c) of this section.

(v) Record the analytical results.

(vi) Record the waste quantity represented by the sampling and analysis results.

(vii) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).

(viii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

(ix) Determine whether the mass of any of the K181 constituents listed in paragraph (c) of this section generated between January 1 and December 31 of any year is below the K181 listing levels.

(x) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:

(A) The sampling and analysis plan.

(B) The sampling and analysis results (including QA/QC data)

(C) The quantity of dyes and/or pigment nonwastewaters generated.

(D) The calculations performed to determine annual mass loadings.

(xi) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.

(A) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.

(B) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.

(C) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.

(4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.

(5) Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the subtitle C requirements during the interim period, the generator could be subject to an enforcement action for improper management. [46 FR 4618, Jan. 16, 1981]

Editorial Note: For Federal Register citations affecting Sec. 261.32, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.