[27 Pa.B. 237]
[Continued from previous Web Page] (i) It exhibits one or more of the characteristics of hazardous waste identified in Subchapter C (relating to characteristics of hazardous waste).
(ii) It is listed in Subchapter D (relating to lists of hazardous wastes) and has not been excluded from regulation as a listed hazardous waste under § 260.22 (relating to delisting procedures).
(iii) It is a mixture of a solid waste and a hazardous waste listed in Subchapter D and has not been excluded from regulation as a listed hazardous waste under § 260.22.
(iv) Waste oil which contains, in aggregate, greater than 1,000 ppm total halogens is presumed to be a hazardous waste with waste code PA01 because it has been mixed with halogenated hazardous waste listed under Subchapter D. Persons may rebut the presumption that the waste oil has been mixed with hazardous waste by demonstrating that the waste oil does not contain significant concentrations of halogenated hazardous constituents. The demonstration may be based upon an analytical method from the current edition of SW-846 to show that the waste oil does not contain halogenated hazardous constituents identified in § 261.34(e) (relating to appendices). This rebuttable presumption does not apply to:
(A) Metalworking oils/fluids containing chlorinated paraffins, if the waste oil is reclaimed onsite by the generator, or under a contractual agreement under which the recycler/rerefiner returns to the generator reclaimed metal working oil. The contract shall indicate:
(I) The type of waste oil and the frequency of shipments.
(II) That the vehicle used to transport the waste oil to the recycling/rerefining facility and to deliver recycled waste oil back to the generator is owned and operated by the waste oil recycler/rerefiner.
(III) That reclaimed metal working oil will be returned to the generator.
(B) Waste oils from refrigeration units contaminated with chlorofluorocarbons (CFCS) if the CFCS are destined for reclamation. The rebuttable presumption does apply to waste oils contaminated with CFCS that have been mixed with waste oil from sources other than refrigeration units.
(b) A solid waste which is not excluded from regulation under § 261.4 becomes a hazardous waste when one or more of the following events occur:
(1) In the case of a solid waste listed in Subchapter D, when the waste first meets the listing description in Subchapter D.
(2) In the case of a mixture of a solid waste and one or more listed hazardous wastes, when a hazardous waste listed in Subchapter D is first added to the solid waste.
(3) In the case of any other solid waste, including a waste mixture, when the solid waste first exhibits one or more of the characteristics identified in Subchapter C.
(c) Except as otherwise provided in this subsection, any waste generated from the treatment, storage, disposal or reclamation of a hazardous waste, including sludge, spill residue, ash, emission control dust or leachate, but not including precipitation runoff, is a hazardous waste. The following solid wastes are not hazardous wastes even though they are generated from the treatment, storage, disposal or reclamation of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste: waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry with SIC Codes 331 and 332. If the sludge exhibits a hazardous characteristic, it remains a listed waste, with code K062.
(d) A hazardous waste remains a hazardous waste until:
(1) In the case of a waste, other than a listed hazardous waste or waste derived from a listed hazardous waste, it does not exhibit one or more of the characteristics of hazardous waste identified in Subchapter C, except that loss of the characteristic cannot be as a result of intentional dilution, except as permitted under a treatment permit issued by the Department.
(2) In the case of a waste which is a listed waste under Subchapter D, contains a waste listed under Subchapter D or is derived from a waste listed in Subchapter D, it has been excluded under § 260.22 and does not exhibit one or more of the characteristics of hazardous waste identified in Subchapter C.
(e) 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 nonwaste treatment manufacturing unit, is not subject to regulation under § 261.41, Chapters 262--265 or 270 until it exits the unit in which it was generated. This subsection does not apply if the unit is a surface impoundment or if the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, storage or transportation of product or raw materials.
(f) Materials within a totally enclosed treatment facility are not considered hazardous waste until they exit the enclosed units.
(g) When it is not immediately possible to determine if a material will be a hazardous waste, the material shall be managed as a hazardous waste until the determination is made and indicates it is not.
(h) Waste oil that is hazardous only because it exhibits any characteristic of hazardous waste under Subchapter C, which has not been mixed with a hazardous waste and which is destined to be recycled or reused in some other manner than burning for energy recovery is not subject to Chapters 260--266. This waste oil is regulated under residual waste regulations in Article IX (relating to residual waste management). Burning waste oil that exhibits any characteristic of hazardous waste is not subject to Chapters 260--265, unless otherwise specified in Chapter 266, Subchapters D and E.
§ 261.4 Exclusions.
(a) The following solid wastes are specifically excluded as hazardous wastes.
* * * * * (6) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered--such as refuse-derived fuel--or reused.
(7) Solid wastes generated by any of the following and which are returned to the soils as fertilizer:
* * * * * (16) Waste that meets the following conditions:
(i) Wastes which fail the test for the toxicity characteristic because chromium is present or are listed in 40 CFR Chapter 261, Subpart D (relating to lists of hazardous wastes) due to the presence of chromium, which do not fail the test for the toxicity characteristic 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:
(A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium.
(B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium.
(C) The waste is typically and frequently managed in nonoxidizing environments.
(ii) Specific wastes which meet the standard in subparagraph (i) (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:
(A) 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; no beamhouse; through-the-blue and shearling.
(B) 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.
(C) 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.
(D) 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.
(E) 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.
(F) 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 and through-the-blue.
(G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry and other leather product manufacturing industries.
(H) Wastewater treatment sludges from the production of TIO2 pigment using chromium-bearing ores by the chloride process.
* * * * * (22) 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, if the refrigerant is reclaimed for further use.
(23) Used, nonterne plated oil filters that are not mixed with wastes listed in Subchapter D (relating to lists of hazardous wastes) if these oil filters have been gravity hot-drained using one of the following methods:
(i) Puncturing the filter antidrain back valve or the filter dome end and hot-draining.
(ii) Hot-draining and crushing.
(iii) Dismantling and hot-draining.
(iv) Other equivalent hot-draining methods that will remove used oil.
(24) EPA hazardous wastes nos. K060, K087, K141, K142, K143, K144, K145, K147 and K148, and wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteric (TC) specified in § 261.24 (relating to characteristics of toxicity) 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 the tar refining processes, or mixed with coal tar.
(25) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose.
(26) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
(27) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if it is shipped in drums, if shipped, and not land disposed before recovery.
(28) Used oil rerefining distillation bottoms that are used as feedstock to manufacture asphalt products.
(29) Recovered oil from petroleum refining, exploration and production, and from transportation incident thereto, which is to be inserted into the petroleum refining process (SIC Code 2911) at or before a point (other than direct insertion into a coker) where contaminants are removed. This exclusion applies to recovered oil stored or transported prior to insertion, except that the oil may not be stored in a manner involving placement on the land, and may not be accumulated speculatively, before being so recycled. Recovered oil is oil that has been reclaimed from secondary materials (such as wastewater) generated from normal petroleum refining, exploration and production and transportation practices. Recovered oil includes oil that is recovered from refinery wastewater collection and treatment systems, oil recovered from oil and gas drilling operations and oil recovered from wastes removed from crude oil storage tanks. Recovered oil does not include (among other things) oil-bearing hazardous waste listed in 40 CFR Part 261, Subpart D (for example, K048--K052, F037, F038). Oil recovered from these wastes may be considered recovered oil. Recovered oil also does not include used oil as defined in 40 CFR 279.1 (relating to definitions).
(30) 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 the tanks for more than 12 months without being reclaimed.
(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
* * * * * (c) The requirements for treatability study samples are as follows:
* * * * * (2) The exemption in paragraph (1) is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies if the following exist:
(i) The generator or sample collector uses (in treatability studies) no more than 1,000 kilograms of any nonacute hazardous waste or 1 kilogram of acute hazardous waste, 2,500 kilograms of soils, water or debris contaminated with acute hazardous waste for each process being evaluated for each generated waste stream.
(ii) The mass of each sample shipment does not exceed 10,000 kilograms of nonacute hazardous waste, 1 kilogram of acute hazardous waste, or 2,500 kilograms of soils, water or debris contaminated with acute hazardous waste.
* * * * * (3) The Department may grant requests, on a case-by-case basis, for quantity limits in excess of those specified in paragraph (2)(i), for up to an additional 500 kilograms of nonacute hazardous waste, 1 kilogram of acute hazardous waste, and 2,500 kilograms of soils, water or debris contaminated with acute hazardous waste, to conduct further treatability study evaluation 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. The additional quantities allowed are subject to paragraphs (1) and (2)(ii)--(iv). The generator or sample collector shall apply to the regional office where the sample is collected and provide in writing the following information:
* * * * * (d) Samples undergoing treatability studies and the laboratory or testing facility conducting the treatability studies (to the extent the facilities are not otherwise subject to RCRA) are not subject to this chapter, Chapters 262--266 and 270, if the conditions of this subsection are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to this subsection. Where a group of MTUs are located at the same site, the limitations specified in this subsection apply to the entire group of MTUs collectively as if the group were one MTU.
* * * * * (3) No more than a total of 250 kilograms of ''as received'' hazardous waste is subject to initiation of treatment in all treatability studies in a 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 kilograms, the total of which can include 2,500 kilograms of soils, water or debris contaminated with acute hazardous waste or 1 kilograms of acute hazardous waste.
* * * * * (e) A modification, addition or deletion of an exclusion from being a hazardous waste under 40 CFR 261.4(b) (relating to exclusions) after January 11, 1997, is incorporated by reference and effective on the date established by the Federal regulations unless otherwise established in this title.
§ 261.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator in a calendar month if the generator generates no more than 100 kilograms of hazardous waste in that month.
(b) Except for those wastes identified in subsections (f), (g) and (j), a conditionally exempt small quantity generator is not subject to regulation under Chapters 262--266 and Chapter 270, and the notification requirements of § 261.41 (relating to notification of hazardous waste activities), if the generator complies with the requirements of subsections (f), (g) and (j).
(c) When making the quantity determinations of this chapter and Chapter 262 (relating to generators of hazardous waste), the generator shall include all hazardous waste that it generates, except hazardous waste that:
(1) Is exempt from regulation under § 261.4 (relating to exclusions) or 40 CFR 261.6(a)(3), 261.7(a)(1) or 261.8 (relating to requirements for recyclable materials; residues in hazardous waste in empty containers; and PCB wastes regulated under Toxic Substance Control Act).
(2) Is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units or totally enclosed treatment facilities as defined in § 260.2 (relating to definitions).
(3) Is recycled, without prior storage or accumulation, only in an onsite process subject to regulation under Chapter 266 (relating to special standards for the management of certain hazardous waste activities).
(4) Is used oil managed under the requirements of § 261.6 (relating to requirements for hazardous wastes that are recycled) and Chapter 266.
(5) Is spent lead-acid batteries managed under the requirements of Chapter 266, Subchapter G (relating to reclaimed spent lead-acid batteries).
(d) In determining the quantity of hazardous waste generated, a generator need not include one or more of the following:
(1) Hazardous waste when it is removed from onsite storage.
(2) Hazardous waste produced by onsite treatment, including reclamation, of hazardous waste generated onsite, if the hazardous waste that is treated was counted once.
(3) Spent materials that are generated, reclaimed and subsequently reused onsite, if spent materials have been counted once.
(e) All quantities of acute hazardous waste are subject to Chapters 262--266 and 270 if a generator generates acute hazardous waste in a calendar month in quantities greater than the following:
(1) A total of 1 kilogram of acute hazardous wastes listed in § 261.31, § 261.32 or § 261.33(4) (relating to list of hazardous waste from nonspecific sources; list of hazardous waste from specific sources; and waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof).
(2) A total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acute hazardous wastes listed in § 261.31, § 261.32 or § 261.33(4).
(f) For acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those in subsection (e) to be excluded from this section, the generator shall comply with the following requirements:
(1) Section 262.11 (relating to hazardous wastes determination).
(2) The generator may accumulate acute hazardous waste onsite. If the generator accumulates at any time acute hazardous wastes in quantities greater than those in subsection (e), all of those accumulated wastes are subject to Chapters 262--266 and 270. The time period established in § 262.34(a) (relating to accumulation) for accumulation of wastes onsite begins when the accumulated wastes exceed the applicable exclusion limit.
(3) The conditionally exempt small quantity generator may either treat or dispose of acute hazardous waste generated onsite at an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is:
(i) Permitted under Chapter 270 (relating to permit program) if the facility is located within this Commonwealth.
(ii) In interim status under Chapter 265 (relating to interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities) and Chapter 270 if the facility is located within this Commonwealth.
(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs).
(iv) Permitted, licensed or registered by another state to manage municipal or industrial solid waste, or, if a conditionally exempt small quantity generator's wastes are mixed with waste oil and the mixture is to be recycled or reused, it may be transported, stored or processed under Article VIII or Article IX (relating to municipal waste; and residual waste).
(v) A facility which meets one or more of the following conditions:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste.
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
(g) For hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator shall comply with the following requirements:
(1) Section 262.11
(2) The conditionally exempt small quantity generator may accumulate hazardous waste onsite. If the conditionally exempt small quantity generator accumulates at any time more than a total of 1,000 kilograms of hazardous wastes which were generated onsite, all of those accumulated wastes are subject to regulation under the special provisions of Chapter 262 (relating to generators of hazardous waste) applicable to generators of between 100 kilograms and 1,000 kilograms of hazardous waste in a calendar month as well as the requirements of Chapters 263--266 and 270. The time period established in § 262.34(e) (relating to accumulation) for accumulation of wastes onsite begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1,000 kilograms.
(3) The conditionally exempt small quantity generator may either treat or dispose of hazardous waste generated onsite at an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is one or more of the following:
(i) Permitted under Chapter 270.
(ii) In interim status under Chapters 265 and 270.
(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271.
(iv) Permitted, licensed or registered by another state to manage municipal or industrial solid waste, or, if a conditionally exempt small quantity generator's wastes are mixed with waste oil and the mixture is to be recycled or reused, it may be transported, stored or processed under Article VIII or Article IX.
(v) A facility which meets one or more of the following conditions:
(A) Benefically uses or reuses, or legitimately recycles or reclaims its waste.
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
(h) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in Subchapter C (relating to characteristics of hazardous waste).
(i) If a person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are mixed with waste oil, the mixture is subject to Chapter 266, Subchapter E (relating to waste oil burned for energy recovery), if it is destined to be burned for energy recovery. A material produced from such a mixture by processing, blending or other treatment is also so regulated if it is destined to be burned for energy recovery.
§ 261.6. Requirements for hazardous wastes that are recycled.
(a) General.
(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, storage, reclamation and treatment facilities of subsections (b) and (c), except for the hazardous wastes listed in paragraph (2).
(2) The following hazardous wastes are subject to Chapter 266 (relating to special standards for the management of certain hazardous waste activities).
(i) Hazardous waste recycled by being used in a manner constituting disposal as described in Chapter 266.
(ii) Hazardous waste burned for energy recovery that is not regulated under Chapter 264, Subchapter O or Chapter 265, Subchapter O (relating to incinerators).
(iii) Spent lead-acid batteries that are being reclaimed.
(iv) Waste oil that exhibits one or more of the characteristics of hazardous waste and is burned for energy recovery in boilers and industrial furnaces that are not regulated under Chapter 264, Subchapter O or Chapter 265, Subchapter O.
(v) Hazardous wastes reclaimed on the site at which they were generated.
(3) The following hazardous waste recycling facilities are subject to Chapter 266, Subchapter F (relating to permit-by-rule):
(i) Battery manufacturing facilities reclaiming spent, lead-acid batteries.
(ii) Petroleum refining facilities refining hazardous waste along with normal process streams to produce petroleum products.
(4) Except as provided in paragraph (5), facilities that manage hazardous wastes are eligible to apply for a determination of applicability for a permit-by-rule under Chapter 266, Subchapter I (relating to other hazardous waste recycling activities), if all of the hazardous waste consists of one or more of the following:
(i) Hazardous wastes listed at § 261.33 (relating to waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof), characteristic sludges or characteristic by-products, that are being reclaimed at the facility.
(ii) Hazardous wastes that are speculatively accumulated at the facility.
(iii) Hazardous wastes used or reused at the facility as ingredients in an industrial process to make a product or coproduct, if the wastes are not being reclaimed.
(iv) Hazardous wastes used or reused at the facility as effective substitutes for commercial products or coproducts.
(5) Facilities managing the following materials are not eligible for a permit-by-rule under Chapter 266, Subchapter I:
(i) Hazardous wastes recycled by being used in a manner constituting disposal, or used to produce products or coproducts that are applied to the land.
(ii) Hazardous wastes burned for energy recovery, used to produce a fuel or contained in fuels.
(iii) Hazardous wastes identified by the EPA as inherently wastelike under 40 CFR 261.2(d)(1) (relating to definition of solid waste), including listed hazardous wastes F022, F023, F026 and F028.
(b) Generators and transporters. Generators and transporters of hazardous wastes that are recycled shall comply with Chapters 262 and 263 (relating to generators of hazardous waste; and transporters of hazardous waste) and the notification requirements under § 261.41 (relating to notification of hazardous waste activities) except as provided in subsection (a).
(c) Storage and treatment.
(1) Owners or operators of facilities that store hazardous wastes before they are recycled are regulated under, required to obtain a permit and shall comply with Chapters 264, 265, 267, 269 and 270 and the notification requirement under § 261.41, except as provided in subsection (a).
(2) Owners or operators of facilities that reclaim or otherwise treat hazardous waste are regulated under, required to obtain a permit under and shall comply with Chapters 264, 265, 267, 269 and 270 and the notification requirements under § 261.41, except as provided in subsection (a).
§ 261.7. Empty containers.
(a) A container or an inner liner removed from a container, previously used to hold a hazardous waste, which has been emptied in accordance with the standards of this section, and which is being transported to a facility for processing (as defined in § 260.2 (relating to definitions)) or disposal shall be managed as a residual waste. For purposes of this section, a tank which is transported for processing or disposal, shall be considered a container.
(b) The person in control of the container or inner liner removed from a container, when any remaining residue which was present prior to processing or other cleaning is, either accidentally or intentionally, removed therefrom shall have the responsibility to ensure that the waste is managed in compliance with the act and the regulations thereunder.
(c) 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 § 261.31, § 261.32 or § 261.33(4) (relating to list of hazardous waste from nonspecific sources; list of hazardous waste from specific sources; and waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof) is empty if the following apply:
(1) The wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container--for example, pouring, pumping and aspirating.
(2) No more than one of the following applies:
(i) Less than 2.5 centimeters (1 inch) of residue remain on the bottom of the container or inner liner.
(ii) 3% 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 110 gallons in size.
(iii) 0.3% by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 110 gallons in size.
(d) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
(e) A container or an inner liner removed from a container that has held an acute hazardous waste listed in § 261.31, § 261.32 or 261.33(4) is empty if one of the following apply:
(1) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate.
(2) 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.
(3) The inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed, in the case of a container.
Subchapter D. LISTS OF HAZARDOUS WASTES § 261.33. Waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof.
(a) The following materials or items are hazardous wastes if they become wastes, including, when they are mixed with waste oil or other material or applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when in lieu of their original intended use, they are used as, or as a component of, fuel, distributed for use as a fuel or burned as a fuel.
(1) A commercial chemical product, or manufacturing chemical intermediate having a generic name incorporated by reference in paragraph (4) or (5).
(2) An off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have a generic name incorporated by reference in paragraph (4) or (5).
(3) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name incorporated by reference in paragraph (4) or (5), unless the container is empty as defined in § 261.7 (relating to empty containers).
(4) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (4) or (5) or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have a generic name incorporated by reference in paragraph (4) or (5).
(5) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products, or manufacturing chemical intermediates, referred to in paragraphs (1)--(4), are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in § 261.5(e) (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators). The list of these wastes and their corresponding EPA Hazardous Waste Numbers in 40 CFR 261.33(e) (relating to discarded commercial chemical products, off-specification species, container residues, and spill residues thereof) is incorporated by reference. Additions, revisions to or deletions from the list in 40 CFR 261.33(e) are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this title.
(6) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (1)--(4) are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in § 261.5(a) and (g). The list of these wastes and their corresponding EPA Hazardous Waste Numbers in 40 CFR 261.33(f) is incorporated by reference. Additions, revisions to or deletions from the list in 40 CFR 261.33(f) are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this title.
(b) The phrase ''commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . . '' refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use, which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed and the formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (5) or (6). This waste will be listed in either § 261.31 or § 261.32 (relating to list of hazardous waste from nonspecific sources; and list of hazardous waste from specific sources) or will be identified as a hazardous waste by the characteristics in Subchapter C (relating to characteristics of hazardous waste).
§ 261.34. Appendices.
(a) Appendix I--Representative Sampling Methods. The text of Appendix I promulgated under RCRA at 40 CFR Part 261 (relating to identification and listing of hazardous wastes) entitled Representative Sampling Methods is incorporated by reference. Revisions to the appendix adopted by the EPA are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this article.
(b) Appendix II--Toxicity Characteristic Leaching Procedure. The test in Appendix II promulgated under RCRA at 40 CFR Part 261 entitled Toxicity Characteristic Leaching Procedure is incorporated by reference. Revisions to the appendix adopted by the EPA are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this article.
(c) Appendix III--Chemical Analysis Test Methods. The text of Appendix III promulgated under RCRA at 40 CFR Part 261 entitled Chemical Analysis Test Methods is incorporated by reference. Revisions to the appendix adopted by the EPA are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this article.
(d) Appendix VII--Basis for Listing Hazardous Waste. The text of Appendix VII promulgated under RCRA at 40 CFR Part 261 entitled Basis for Listing Hazardous Waste is incorporated by reference. Revisions to the appendix adopted by the EPA are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this article.
(e) Appendix VIII--Hazardous Constituents. The text of Appendix VIII promulgated under RCRA at 40 CFR Part 261 entitled Hazardous Constituents is incorporated by reference. Revisions to the appendix adopted by the EPA are incorporated into this article and are effective on the date established by Federal regulations, unless otherwise established in this article.
CHAPTER 262. GENERATORS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 262.10. Scope.
(a) This chapter establishes standards for a generator of hazardous waste identified in Chapter 261 (relating to criteria, identification and listing of hazardous waste) who is located in this Commonwealth.
(b) A generator who treats, stores or disposes of hazardous waste at a permitted onsite facility or an onsite facility being treated as having been issued a permit shall comply with applicable requirements of Chapters 264 and 265 (relating to new and existing hazardous waste management facilities applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities) and with the following in this chapter:
(1) Section 262.11 (relating to hazardous waste determination).
(2) Section 262.12 (relating to identification numbers).
(3) Section 262.34 (relating to accumulation).
(4) Section 262.40 (relating to recordkeeping).
(5) Section 262.41(b) (relating to biennial report).
(6) Section 262.43 (relating to additional reporting).
(7) Section 262.45 (relating to hazardous waste disposal plan).
(8) Section 262.46 (relating to hazardous waste discharges or spills).
(c) A farmer who generates waste pesticides which are hazardous wastes and who complies with the requirements of § 262.70 (relating to farmers), is not required to comply with Chapters 264 and 265 with respect to the pesticides.
(d) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage or disposal facility shall comply with the generator standards established in this chapter.
(e) A household hazardous waste collection contractor under section 1512 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 400.1512) is a generator of the hazardous wastes collected and shall comply with the requirements of this chapter.
(f) Used oil collection site operators who are not transporters, marketers or burners are not generators. Used oil collection contractors under section 1512 of the Municipal Waste Planning, Recycling and Waste Reduction Act who manage hazardous waste oils are generators.
§ 262.12. Identification numbers.
(a) A generator may not treat, store, dispose of, transport or offer for transport a shipment of hazardous waste without having received an identification number.
(b) A generator shall offer a shipment of hazardous waste only to a licensed transporter or hazardous waste management facility that has received an identification number.
Subchapter C. PRETRANSPORT REQUIREMENTS § 262.34. Accumulation.
(a) Except as provided in subsections (d)--(f), a generator may accumulate hazardous waste onsite for 90 days or less without a permit or without having interim status, if the following apply:
(1) The waste is placed as follows:
(i) In containers and the generator complies with Chapter 265, Subchapter I (relating to use and management of containers).
(ii) In tanks and the generator complies with Chapter 265, Subchapter J (relating to tanks) except for §§ 265.197(c) and 265.200 (relating to closure and postclosure care; and waste analysis and trial tests) and provides the following:
(A) A description of the procedures that will be followed to ensure that hazardous waste is stored in the tank for 90 days or less.
(B) Documentation of each waste removal including the quantity of waste removed from the tank and the date and time of removal is maintained at the facility.
(iii) On drip pads and the generator complies with Chapter 265, Subchapter S (relating to drip pads) and maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that the wastes are removed from the drip pad and associated collection system at least once every 90 days.
(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
(iv) In containment buildings and the generator complies with Chapter 265, Subchapter T (relating to containment buildings), and has obtained and placed in the facility's operating record certification by a qualified registered professional engineer that the building complies with the design standards specified in § 265.521 (relating to design and operating standards), prior to operation of the unit. The generator is exempt from the requirements in Chapter 265, Subchapters G and H (relating to closure and postclosure; and financial requirements), except for §§ 265.111 and 265.114 (relating to closure performance standard; and disposal or decontamination of equipment, structures and soils). The owner or operator shall maintain one of the following at the facility:
(A) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90-day limit and documentation that the procedures are complied with.
(B) Documentation that the unit is emptied at least once every 90 days.
(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
(3) The waste is placed in containers which meet United States Department of Transportation packaging, marking and labeling requirements in § 262.30 (relating to packing, labeling and marking) when waste is accumulated in containers onsite.
(4) Each tank is labeled or marked clearly with the words, ''Hazardous Waste'' when waste is accumulated in tanks onsite.
(5) The generator complies with the requirements for owners or operators in Chapter 265, Subchapters C and D (relating to preparedness and prevention; and preparedness, prevention and contingency (PPC) plan and emergency procedures) and with § 265.16 (relating to personnel training).
(b) A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to Chapters 264 and 265 (relating to new and existing hazardous waste management facilites applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities) and the permit requirements of Chapter 270 (relating to permit program) unless the generator has been granted an extension to the 90-day period. The extension may be granted by the Department if hazardous waste has to remain onsite for longer than 90 days due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the Department's discretion on a case-by-case basis.
(c) A generator may accumulate as much as 55 gallons of hazardous waste or 1 quart of acutely hazardous waste listed in § 261.33(4) (relating to waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with subsection (a) if the generator meets the following conditions:
(1) Complies with §§ 265.171--265.173 (relating to condition of containers; compatibility of waste with containers; and management of containers).
(2) Marks the containers either with the words ''hazardous waste'' or with other words that identify the contents of the containers.
(d) A generator who accumulates either hazardous waste or acutely hazardous waste listed in § 261.33(4) in excess of the amounts listed in subsection (c) at or near any point of generation shall, with respect to that amount of excess waste, comply within 3 days with subsection (a) or other applicable provisions of this chapter. During the 3-day period, the generator shall continue to comply with subsection (c). The generator shall mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
(e) A generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month may accumulate hazardous waste onsite for 180 days or less without a permit or without having interim status if the following conditions are met:
(1) The quantity of waste accumulated onsite never exceeds 6,000 kilograms.
(2) The generator complies with Chapter 265, Subchapter I, except § 265.176 (relating to special requirements for ignitable or reactive wastes).
(3) The generator complies with § 265.201 (relating to special requirements for generators of between 100 and 1,000 kg/mo that accumulate hazardous waste in tanks).
(4) The generator complies with subsection (a)(2) and (3).
(5) The generator complies with § 265.16 (relating to personnel training) and Chapter 265, Subchapters C and D
(f) A generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month and who transports that waste, or offers that waste for transportation, over a distance of 200 miles or more for offsite treatment, storage or disposal may accumulate hazardous waste onsite for 270 days or less without a permit or without having interim status provided that the generator complies with subsection (e).
(g) A generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding 6,000 kilograms or accumulates hazardous waste for more than 180 days (or for more than 270 days if the generator has to transport that waste, or offer that waste for transportation, over a distance of 200 miles or more) is an operator of a storage facility and is subject to Chapters 264 and 265 and the permit requirements of Chapter 270 unless an extension to the 180-day (or 270-day if applicable) period has been granted. The extension may be granted by the Department if hazardous waste has to remain onsite for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the Department's discretion, on a case-by-case basis.
Subchapter D. RECORDKEEPING AND REPORTING § 262.40. Recordkeeping.
(a) A generator shall retain a copy of each manifest signed in accordance with § 262.20 (relating to manifest), for 3 years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained at the building, property premises or place where hazardous waste is generated or at a location approved by the Department as a record for at least 3 years from the date on which the waste was accepted by the initial transporter.
(b) A generator shall retain a copy of each biennial report and exception report for at least 3 years from the due date of the report.
(c) A generator shall retain records of any test results, waste analyses or other determinations made in accordance with § 262.11 (relating to hazardous waste determination), for at least 20 years from the date the waste was last sent for onsite or offsite treatment, storage or disposal. The generator shall furnish these records to the Department upon request.
(d) The periods of retention referred to in this section shall be extended automatically during the course of any enforcement action regarding the regulated activity or as requested by the Department.
(e) A generator shall retain records of inspections conducted in accordance with § 262.34 and Chapter 265, Subchapters I and J (relating to accumulation; use and management of containers; and tanks) for at least 20 years from the date the inspections were conducted.
§ 262.41. Biennial report.
A generator other than a small quantity generator or a conditionally exempt small quantity generator shall submit bienniel reports:
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