Chapter 850: identification of hazardous wastes table of contents



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Table I. Maximum Concentration of Contaminants for the Toxicity Characteristic


EPA


Hazardous

Waste No.



Contaminant


Regulatory

Level

(mg/L)



D004 Arsenic 5.0

D005 Barium 100.0

D006 Cadmium l.0

D007 Chromium 5.0

D016 2,4D 10.0

D012 Endrin 0.02

D008 Lead 5.0

D013 Lindane 0.4

D009 Mercury 0.2

D014 Methoxychlor 10.0

D010 Selenium 1.0

D011 Silver 5.0

D015 Toxaphene 0.5

D017 2,4,5TP (Silvex) 1.0


C. Identification of hazardous wastes by particular substance, by chemical class or as waste products of specific industrial activities

(1) General

(a) A waste is a hazardous waste if it is listed in Section 4(C) of this rule unless it has been excluded by EPA under 260.20 and 260.22 of EPA regulations and excluded subsequently by the Maine Board of Environmental Protection.
(b) Each hazardous waste listed in this section is assigned an EPA Hazardous Waste Number and/or a number assigned by the Department as provided by rule. These numbers, alone or in combination, must be used in complying with regulatory requirements as provided by rule.
(c) Certain of the hazardous waste listed in Section 4(C)(2) or 4(C)(3) have exclusion limits that refer to Section 4(A)(5)(c).
(2) Hazardous wastes from non-specific sources. A waste is a hazardous waste if it is listed below:


Industry and EPA

Hazardous No.



Hazardous Waste



Hazardous

Waste Code4



Generic:

F001


The following waste halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1trichloroethane, carbon tetrachloride and chlorinated fluorocarbons; all waste 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 waste solvents and waste solvent mixtures.


(T)


F002

The following waste halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1trichloroethane, chlorobenzene, 1,1,2trichloro1,2,2trifluoroethane, orthodichlorobenzene, trichlorofluoromethane and 1,1,2trichloroethane; all waste 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 solvents listed in F001, F004, and F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.

(T)

F003

The following waste nonhalogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, nbutyl alcohol, cyclohexanone, and methanol; all waste solvent mixtures/blends containing before use, only the above waste nonhalogenated solvents; and all waste solvent mixtures/blends containing, before use one or more of the above nonhalogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, or F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.

(I)5

F004

The following waste nonhalogenated solvents: cresols and cresylic acid and nitrobenzene; all waste solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above nonhalogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.

(T)

F005

The following waste nonhalogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2ethoxyethanol, and 2nitropropane; all waste solvent mixtures and blends containing before use, a total of ten percent or more (by volume) of one or more of the above nonhalogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.


(T, I)

For the purposes of administering and enforcing this Rule, the Department presumes that a discharge to any land or surface or ground waters is the result of a discharge of hazardous waste if such discharge contains the presence of any waste identified in F001F005. In order to overcome this presumption, a person must demonstrate to the satisfaction of the Commissioner through clear and convincing evidence that the waste was discharged prior to 1980 or that the waste, at the time of discharge, was not a hazardous waste as identified in F001F005 above.


F006

Wastewater treatment 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 zincaluminum 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.

(T)

F007

Spent cyanide plating bath solutions from electroplating operations.

(R,T)

F008

Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the processes.

(R,T)

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.

(R,T)

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

(R,T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

(R,T)

F012

Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum.

(T)

F020

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use [as a reactant, chemical intermediate or component in a formulating process] of tri or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5trichlorophenol.)

(H)

F021

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives.

(H)

F022

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra, penta, or hexachlorobenzenes under alkaline conditions.

(H)

F023

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of material 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 2,4,5trichlorophenol.)

(H)

F024

Wastes, including but not limited to distillation residues, heavy ends, tars and reactor cleanout and reactor cleanout wastes from the production of chlorinated aliphatic hydrocarbons, having carbon content from one to five, utilizing free radical catalyzed processes. (This listing does not include, wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in 40 CFR 261.31 or 261.32).

(T)

F025

Condensed light ends, spent filters, and filter aids, and spent dessicant wastes from the production of chlorinated aliphatic hydrocarbons, by free radicalized processes, having carbon chain lengths ranging from one to and including five, with varying amounts and portions of chlorine substitution.6

(T)

F026

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra, penta, or hexachlorobenzene under alkaline conditions.

(H)

F027

Discarded unused formulations containing tri, tetra, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5trichlorophenol as the sole component.)

(H)

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F02l, F022, F023, F026, and F027.

(T)

F039

Leachate (liguids that have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under this chapter. (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).

(T)

(b) Polychlorinated biphenyl (PCB) and polychlorinated biphenyls (PCBs), where PCB and PCBs means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance.


(i) Except as provided in (AA) below, any chemical substances or combination of substances that contain 50 parts per million (on a dry weight basis) or greater of PCBs are subject to these regulations. "PCB Item" as defined in 40 CFR Part 761.3 as it appeared on July 1, 1982 is also subject to these regulations.
Substances that are regulated by this rule include, but are not limited to, dielectric fluids, contaminated solvents, oils, waste oils, heat transfer fluids, hydraulic fluids, paints, sludges, slurries, dredge spoils, soils, materials contaminated as a result of spills, and other chemical substances or combination of substances, including impurities and byproducts.
(AA) The use of waste oil that contains any detectable concentration of PCB as a sealant, coating, or dust control agent is prohibited. Prohibited uses include, but are not limited to, road oiling, general dust control, use as a pesticide or herbicide carrier, and use as a rust preventative on pipes.
NOTE: Road oiling with waste oil is a prohibited act under Chapter 860 of the Department's Rules.
(ii) Any chemical substance or combinations of chemical substances that contain less than 50 parts per million (ppm) PCBs as the result of dilution shall be subject to these regulations unless otherwise specifically provided by 40 CFR 761, except that PCB contaminated media at an uncontrolled hazardous substance site managed, treated or disposed of in accordance with a Department approved removal or remedial action plan may be managed according to the concentrations detected in the media.
(iii) For the purposes of this rule, the following are considered hazardous waste and are subject to regulation under 38 M.R.S.A., §1301, et seq.:
(AA) PCB or PCBs that are useless, unwanted,discarded or intended to be discarded;
(BB) PCB or PCBs that are "discharged" as defined by 38 M.R.S.A., §1317;
NOTE: Any person to whom AA or BB. applies is considered a generator of hazardous waste.
(CC) PCB or PCBs generated from off site, where the generator and the satellite facility are owned and operated by the same entity, other than those contained in a totally enclosed manner in equipment such as electrical transformers, capacitors, and hydraulic systems that are not intended to be discarded, that are stored at a site which is used or capable of being used to store as follows:
(1) greater than 165 gallons of PCBs for more than 10 working days is considered a storage facility for hazardous waste; or
(2) less than 165 gallons of PCBs, for more than 10 working days, or greater than 165 gallons for less than 10 working days, is not considered to be a storage facility for hazardous waste, provided that the facility obtains an abbreviated license under Chapter 856, Section 11A(8); or
(3) less than 165 gallons of PCBs for less than 10 working days are exempt from the hazardous waste storage facility licensing requirements.
DD. PCB or PCBs that are subjected to or intended to be subjected to treatment so as to reduce or otherwise alter the concentration of PCB or PCBs.
NOTE: Any person to whom Section DD applies is considered a treatment facility for hazardous waste.
(iv) Disposal of PCB and PCBs is excluded from regulation under Chapters 854, 855 and 856 of the Department's rules in so far as that disposal is in fact regulated under 40 CFR 761.
NOTE: Federal law currently prohibits a State from regulating the disposal of PCB and PCBs. This exclusion does not apply to PCB and PCBs while they are being handled before disposal.
(v) PCB and PCBs are identified as toxic wastes (T) and are assigned the Hazardous Waste Number M002.
(vi) "Alteration" or "treatment" as used in the Department's rules shall not include the routine servicing of equipment where PCB or PCBs are contained in a totally enclosed manner.
(3) Hazardous Wastes from specific sources. A waste is a hazardous waste if it is listed in the table below:

Industry and EPA

Hazardous No.

Hazardous Waste


Hazardous

Waste Code


Wood Preservation:

K001

Bottom sediment sludge from the treatment of waste waters from wood preserving processes that use creosote and/or pentachlorophenol.

(T)


Inorganic pigments:

K002

Wastewater treatment sludge from the production of chrome yellow and orange pigments.

(T)


K003

Wastewater treatment sludge from the production of molybdate orange pigments.

(T)

K004

Wastewater treatment sludge from the production of zinc yellow pigments.

(T)

K005

Wastewater treatment sludge from the production of chrome green pigments.

(T)

K006

Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated).

(T)

K007

Wastewater treatment sludge from the production of iron

blue pigments.



(T)

K008

Oven residue from the production of chrome oxide green pigments.

(T)

Organic chemicals:

K009

Distillation bottoms from the production of acetaldehyde from ethylene.

(T)


K010

Distillation side cuts from the production of acetaldehyde from ethylene.

(T)

K011

Bottom stream from the wastewater stripper in the production of acrylonitrile.

(R,T)

K013

Bottom stream from the acetonitrile column in the production of acrylonitrile.

(R,T)

K014

Bottoms from the acetonitrile purification column in the production of acrylonitrile.

(T)

K015

Still bottoms from the distillation of benzyl chloride.

(T)

K016

Heavy ends or distillation residues from the production of carbon tetrachloride.

(T)

K017

Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.

(T)

K018

Heavy ends from the fractionation column in ethyl chloride production.

(T)

K019

Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.

(T)

K020

Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.

(T)

K021

Aqueous spent antimony catalyst waste from fluoromethanes production.

(T)

K022

Distillation bottom tars from the production of phenol/acetone from cumene.

(T)

K023

Distillation light ends from the production of phthalic anhydride from naphthalene.

(T)

K024

Distillation bottoms from the production of phthalic anhydride from naphthalene.

(T)

K025

Distillation bottoms from the production of nitrobenzene by the nitration of benzene.

(T)

K026

Stripping still tails from the production of methyl ethyl pyridines.

(T)

K027

Centrifuge and distillation residues from toluene diisocyanate production.

(R,T)

K028

Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1trichloroethane.

(T)

K029

Waste from the product steam stripper in the production of 1,1,1trichloroethane.

(T)

K030

Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene.

(T)

K083

Distillation bottoms from aniline production.

(T)

K085

Distillation or fractionation column bottoms from the production of chlorobenzenes.

(T)

K093

Distillation light ends from the production of phthalic anhydride from orthoxylene.

(T)

K094

Distillation bottoms from the production of phthalic anhydride from orthoxylene.

(T)

K095

Distillation bottoms from the production of l,l,ltri-chloroethane.

(T)

K096

Heavy ends from the heavy ends column from the production of l,l,ltrichloroethane.

(T)

K103

Process residues from aniline extraction from the production of aniline.

(T)

K104

Combined wastewater streams generated from nitrobenzene/aniline production.

(T)

K105

Separated aqueous stream from the reactor product washing step in the production of chlorobenzene.

(T)

K1077

Column bottoms from product separation from the production of 1,1dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(C,T)

K1087

Condensed column overheads from product separation and condensed reactor vent gases from the production of l,ldimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(I,T)

K109

Spent filter cartridges from product purification from the production of 1,1dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K110

Condensed column overheads from intermediate separation from the production of 1,1dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K111

Product washwaters from the production of dinitrotoluene via nitration of toluene.

(C,T)

K112

Reaction byproduct water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K113

Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K114

Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K115

Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K116

Organic condensate from the solvent recovery column in the production of toluenedisocyanate via phosgenation of dinitrotoluene.

(T)

K117

Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene.

(T)

K118

Spent adsorbent solids from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K136

Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K1198

Wastes from the decantor in the production of linuron.

(I,C,T)

K1208

Wastes from the spill control trap in production of linuron.

(I,T)

K1218

Wastewater from product filtration and water washing in the production of bromacil.

(T)

K123

Process wastewater (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salts.

(T)

K124

Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.

(C,T)

K125

Purification solids (including filtration, evaporation, and centrifugation solids) from the production of ethylenebisdithiocarbamic acid and its salts.

(T)

K126

Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.

(T)

K131

Wastewater from the reactor and spent sulfuric acid from the acid drier from the production of methyl bromide.

(C,T)

K132

Spent adsorbent and wastewater separator solids from the production of methyl bromide.

(T)

Inorganic chemicals:

K071

Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used.


(T)

K073

Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production.

(T)

K106

Wastewater treatment sludge from the mercury cell process in chlorine production.

(T)

Pesticides:

K031



Byproduct salts generated in the production of MSMA and cacodylic acid.

(T)

K032

Wastewater treatment sludge from the production of chlordane.

(T)

K033

Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.

(T)

K034

Filter solids from the filtration of hexachloro-cyclopentadiene in the production of chlordane.

(T)

K035

Wastewater treatment sludges generated in the production of creosote.

(T)

K036

Still bottoms from toluene reclamation distillation in the production of disulfoton.

(T)

K037

Wastewater treatment sludges from the production of disulfoton.

(T)

K038

Wastewater from the washing and stripping of phorate production.

(T)

K039

Filter cake from the filtration of diethylphosphoro-dithioic acid in the production of phorate.

(T)

K040

Wastewater treatment sludge from the production of phorate.

(T)

K041

Wastewater treatment sludge from the production of toxaphene.

(T)

K042

Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5T.

(T)

K043

2,6Dichlorophenol waste from the production of 2,4D.

(T)

K097

Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.

(T)

K098

Untreated process wastewater from the production of toxaphene.

(T)

K099

Untreated wastewater from the production of 2,4D.

(T)

Explosives:

K044

Wastewater treatment sludges from the manufacturing and processing of explosives.


(R)

K045

Spent carbon from the treatment of wastewater containing explosives.

(R)

K046

Wastewater treatment sludges from the manufacturing, formulation and loading of leadbased initiating compounds.

(T)

K047

Pink/red water from TNT operations.

(R)

Petroleum refining:

K048

Dissolved air flotation (DAF) float from the petroleum refining industry.


(T)

K049

Slop oil emulsion solids from the petroleum refining industry.

(T)

K050

Heat exchanger bundle cleaning sludge from the petroleum refining industry.

(T)

K051

API separator sludge from the petroleum refining industry.

(T)

K052

Tank bottoms (leaded) from the petroleum refining industry.

(T)

Iron and steel:

K061

Emission control dust/sludge from the primary production of steel in electric furnaces.


(T)

K062

Spent pickle liquor from steel finishing operations.

(C,T)

Primary copper:

K064

Acid plant blowdown slurry/sludge resulting from the thickening of blowdown slurry from primary copper production.


(T)

Primary lead:

K065

Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities.


(T)

Primary zinc:

K066

Sludge from treatment of process wastewater and/or acid plant blowdown from primary zinc production.


(T)

Primary aluminum:

K088

Spent potliners from primary aluminum reduction.


(T)

Ferroalloys:

K090

Emission control dust or sludge from ferrochromiumsilicon production.


(T)

K091

Emission control dust or sludge from ferrochromium production.

(T)

Secondary lead:

K069

Emission control dust/sludge from secondary lead smelting.


(T)

K100

Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.

(T)

Veterinary pharmaceuticals:




K084

Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organoarsenic compounds.

(T)

K101

Distillation tar residues from the distillation of anilinebased compounds in the production of veterinary pharmaceuticals from arsenic or organoarsenic compounds.

(T)

K102

Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organoarsenic compounds.

(T)

Ink formulation:

K086

Solvent washes and 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.


(T)

Coking:

K060

Ammonia still lime sludge from coking operations.


(T)

K087

Decanter tank tar sludge from coking operations.

(T)

(4) Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded, when they are mixed with other material and applied to the land for dust supression 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 produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel:


(a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section.
(b) Any offspecification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraphs (e) or (f) of this section.
(c) Any residue remaining in a container or an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) of this section, unless the container is empty as defined in Section 4(A)(7) of this Chapter. Containers which have contained medicinal nitroglycerin are considered empty if they meet the provisions of Section 4(A)(7)(a) and (b).
(d) 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 commmercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, 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 offspecification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section.
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