Step 2B:

0400-12-01-.02(4)(c) Hazardous Wastes from Specific Sources [40 CFR 261.32]

1. The following solid wastes are listed hazardous wastes from specific sources
unless they are excluded under subparagraphs (3)(a) and (c) of Rule 0400-12-01-
.01(3) and listed in Appendix IX of  40 CFR part 261. 

2. Listing Specific Definitions

(i) 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.

3. 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. 

4. Procedures for demonstrating that dyes and/or pigment nonwastewaters are not
K181

The procedures described in subparts (i) through (iii) and (v) of this part 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 part 1 of this subparagraph). If
the nonwastewaters are disposed in landfill units or treated in combustion units
as described in part 1 of this subparagraph, 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 subpart (iv) of this part.

(i) 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 part 3 of this subparagraph) 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.

(ii) 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 part 3 of this subparagraph. 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 subpart (iii) of this part 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:

I. The quantity of dyes and/or pigment nonwastewaters
generated.

II. The relevant process information used.

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

(iii) 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 items (I) through (XI) of this subpart in order to
make a determination that its waste is not K181.

(I) Determine which K181 constituents of this subparagraph 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
subpart (ii) of this part and keep the records described in item (ii)(IV)
of this part. For determinations based on sampling and analysis, the
generator must comply with the sampling and analysis and
recordkeeping requirements described below in this subpart.

(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:

I. A discussion of the number of samples needed to characterize
the wastes fully;

II. The planned sample collection method to obtain representative
waste samples;

III. A discussion of how the sampling plan accounts for potential
temporal and spatial variability of the wastes; and
IV. 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.

I. The sampling and analysis must be unbiased, precise, and
representative of the wastes.

II. 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 part 3 of this
subparagraph.

(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
part 3 of this subparagraph 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:

I. The sampling and analysis plan.

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

III. The quantity of dyes and/or pigments nonwastewaters
generated.

IV. The calculations performed to determine annual mass
loadings.

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

I. 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.

II. 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.

III. 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.

(iv) 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.

(v) 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 requirements of this Chapter
during the interim period, the generator could be subject to an enforcement
action for improper management. 

0400-12-01-.02(4)(b) Hazardous Wastes from Non-specific Sources [40 CFR 261.31]

1. The following solid wastes are listed hazardous wastes from non-specific sources
unless they are excluded under subparagraphs (3)(a) and (c) of Rule 0400-12-01-
.01 and listed in Appendix IX to 40 CFR part 261. 

* (I, T) should be used to specify mixtures that are ignitable and contain toxic constituents.
(R, T) should be used to specify mixtures that are reactive and contain toxic constituents. 

2. Listing Specific Definitions:

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

(ii)

(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 (I) the units employs a minimum of 6 hp per
million gallons of treatment volume; and either (II) the hydraulic
retention time of the unit is no longer than 5 days; or (III) 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: (I)
the unit is an aggressive biological treatment unit as defined in this
part; and (II) the sludges sought to be exempted from the definitions
of F037 and/or F038 were actually treated in the aggressive
biological treatment unit.

(iii)

(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,

I. 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

II. Floats are considered to be generated at the moment they are
formed in the top of the unit 

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

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

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