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§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 §§260.20 and 260.22 and listed in appendix IX.
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Industry and EPA hazardous
waste No. Hazardous waste Hazard code
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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.
F020......................... Wastes (except wastewater (H)
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 wastewater (H)
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 wastewater (H)
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 wastewater (H)
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, including (T)
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 § 261.31
or § 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 wastewater (H)
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 those (T)
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 §
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 those (T)
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 those (T)
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
oil 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 §
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 §
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
§ 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.).
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(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.
(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.
(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.
[46 FR 4617, Jan. 16, 1981]
Editorial Note: For FEDERAL REGISTER citations affecting §261.31, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.