06-096-850 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 096-850-3 - Identification of Hazardous Wastes

A.General

(1) This Chapter identifies those wastes which are subject to regulation as hazardous wastes under 38 M.R.S. §§1301 through 1319- Y.

(2) Portions of this Chapter refer to federal regulations of the United States Environmental Protection Agency (EPA). Unless otherwise specified, the federal regulations referenced are those final regulations as amended up to July 1, 2019, as they appeared in volume 40 of the Code of Federal Regulations (C.F.R.) and are hereby incorporated by reference. References to test methods shall include regulations published on July 1, 2005, including 40 C.F.R. §260.11 which is hereby incorporated by reference. Where specifically indicated, the terms of a referenced federal regulation are hereby incorporated as terms of this Chapter, except that in regulations incorporated thereby, "EPA", "Administrator", "Regional Administrator" and "Director" shall mean "the Maine Board of Environmental of Protection, the Maine Department of Environmental Protection, the Commissioner of the Department of Environmental Protection or the Commissioner's designated representative, as applicable"; and the references to terms or phrases including "treat", "store", or "dispose" shall mean "handle". In addition, where the terms of federal regulations hereby incorporated by reference differ from or are inconsistent with other terms of this Chapter or 06-096 C.M.R. chs. 850 - 860, the more stringent of the requirements shall apply. Other changes to regulations incorporated hereby are as expressly made in this Chapter.

Waste. "Waste" means any useless, unwanted or discarded substance or material, whether or not such substance or material has any other or future use and includes any substance or material that is spilled, leaked, pumped, poured, emitted, disposed, emptied, or dumped onto the land or into the water or ambient air. This definition includes, without being limited to, materials which are used in a manner constituting disposal, burned for energy recovery, reclaimed or accumulated speculatively.

NOTE: It is intended that the terms "materials which are used in a manner constituting disposal, burned for energy recovery, reclaimed or accumulated speculatively" should include all materials covered by 40 C.F.R. §261.2(c)(1) -(4) and any amendments thereto.

(3)Definition of hazardous waste

(a) A waste is a hazardous waste if:

(i) It is not excluded from regulation as a hazardous waste under Section 3(A)(4) of this Chapter; and

(ii) It meets any of the following criteria:

a. It is listed in Section 3(C) of this Chapter and has not been excluded by EPA under 40 C.F.R. §§260.20 and 260.22 and excluded subsequently by the Department pursuant to 38 M.R.S. §1319- O(1)(A);

b. It is a mixture of a non-hazardous waste and one or more hazardous wastes listed in Section 3(C) of this Chapter and has not been excluded by EPA under 40 C.F.R. §§260.20 and 260.22 and excluded subsequently by the Department pursuant to 38 M.R.S. §1319- O(1)(A); or

c. It exhibits any of the characteristics of hazardous waste identified in Section 3(B) of this Chapter.

(b) A waste which is not excluded from regulation under Section 3(A)(3)(a)(i) of this Chapter becomes a hazardous waste when any of the following events occur:

(i) In the case of a waste listed in Section 3(C) of this Chapter, when the waste first meets the criteria of the listing description as set forth in Section 3(C).

(ii) In the case of a mixture of a non-hazardous waste and one or more listed hazardous wastes, when a hazardous waste listed in Section 3(C) of this Chapter is first added to the non-hazardous waste.

(iii) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in Section 3(B) of this Chapter.

(c) Unless and until it meets the criteria of Section 3(A)(3)(d) of this Chapter (below):

(i) A hazardous waste will remain a hazardous waste.

(ii) Any waste generated from the handling of a hazardous waste, including any sludge, spill residue, ash, emission control dust or leachate (but not including precipitation run-off), is a hazardous waste.

(d) Any waste described in Section 3(A)(3)(c) of this Chapter (above) is not a hazardous waste if it meets the following criteria:

(i) In the case of any waste, it does not exhibit any of the characteristics of hazardous waste identified in Section 3(B) of this Chapter; however, such waste which exhibits a characteristic at the point of generation is still subject to the requirements of 06-096 C.M.R. ch. 852 even if the waste no longer exhibits a characteristic at the point of disposal.

(ii) In the case of a waste which is a listed waste under Section 3(C) of this Chapter, contains a waste listed under Section 3(C) or is derived from a waste listed in Section 3(C), it also has been excluded from paragraph (c) by EPA under 40 C.F.R. §§260.20 and 260.22 and excluded subsequently by the Department pursuant to 38 M.R.S. §1319- O(1)(A).

(4)Exclusions

(a)Substances which are not hazardous wastes. The following materials are not hazardous wastes for the purpose of this Chapter:

(i) Domestic sewage; and

(ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works (POTW) for treatment, provided the mixture is a discharge of a non segregable waste at the site of generation, the mixture is a discharge from a source whose hazardous constituents are subject to categorical, local limits, and prohibitions established in accordance with Section 307(b) of the Clean Water Act, and the source is in compliance with those limits by means other than dilution and the hazardous constituents are sampled and analyzed no less frequently than annually. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system. The unknowing receipt of hazardous waste by a POTW does not cause the POTW to become a hazardous waste facility.

NOTE: Unless the discharge is non segregable and is subject to categorical and local limits, persons discharging hazardous waste to POTWs via a sewer system containing domestic sewage or other means are subject to the applicable abbreviated license provisions of 06-096 C.M.R. ch. 856, §11. Dischargers to POTWs and POTWs are responsible for complying with the applicable provisions of 06-096 C.M.R. ch. 856, §11. See also 06-096 C.M.R. ch. 851, §12(D). A waste is considered non-segregable when it is inherently mixed with wastewater and is not segregated in containers, tanks, pipes and sumps. A segregable waste cannot be introduced to wastewaters unless an abbreviated license is held for the activity.

(iii) Industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the Clean Water Act, as amended, in so far as any hazardous waste present in the discharge is in fact regulated.

NOTE: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being handled before discharge, or sludges that are generated by industrial wastewater treatment. The exclusion is further limited by the provisions under 06-096 C.M.R. ch. 856 for the abbreviated licensing of a POTW for treatment of a hazardous waste.

(iv) Irrigation return flows.

(v) Source material, special nuclear material or by-product material as defined by the Atomic Energy Act of l954, 42 U.S.C. 2011et seq., as amended up to August 8, 2005.

(vi) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.

(vii) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. "Household waste" means any waste material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, picnic grounds, and day-use recreation areas.)

(viii) Wastes resulting from agricultural activities which are returned to the soils as fertilizers. "Agricultural activities" means the growing of vegetables, fruit, seeds, nursery crops, poultry, livestock, field crops, cultivated or pasture hay and farm woodlot products, including Christmas trees.

(ix) Mining overburden returned to the mine site.

Note: Wastes from the extraction and beneficiation of metallic ores and minerals are regulated under 06-096 C.M.R. ch. 200 of the Department's rules, not 06-096 C.M.R. chs. 850 - 857.

(x) Fly ash waste, bottom ash waste, slag waste, and flue emission control waste generated solely from the combustion of coal, other fossil fuels, or wood or generated primarily from the combustion of coal, other fossil fuels, wood, or any combination thereof, providing that the waste does not exhibit any of the characteristics of hazardous waste as defined in Section 3(B)(2), (3), (4), or (5) of this Chapter.

(xi) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.

(xii) A sample of waste or sample of water, soil, or air which is collected for the sole purpose of testing to determine its characteristics or composition provided it meets the requirements of 40 C.F.R. §§261.4(d)(1)(i) -(vi) and 261.4(d)(4), and the sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector comply with 40 C.F.R. §261.4(d)(2). This exemption does not apply if the laboratory determines the waste is hazardous but the laboratory is no longer meeting the requirements of this provision.

(xiii) Commercial chemical product that is unused and which is reinserted into the onsite manufacturing process without any alteration and is used as a substitute for feedstock materials without placement on the land, or that is unused and unexpired and is shipped to the original manufacturer or distributor with their approval for use.

(xiv) Waste from the leather tanning and finishing industry including chrome (blue) trimmings, chrome (blue) shavings, and buffing dust; and scrap tanned leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries, provided the generator can demonstrate the waste meets the exemption criteria of 40 C.F.R. §261.4(b)(6)(i), the waste is managed in a non-oxidizing environment, and if disposed in Maine, is managed in a secure landfill licensed by the Department.

NOTE: Due to the potential conversion of trivalent chromium to hexavalent chromium in certain situations, the increased leachability of certain types of chrome waste, and the current management of the waste in oxidizing environments, the Department continues to have concerns with the disposition of this waste stream. These wastes will be managed in secure landfills as special wastes under the Solid Waste Management Regulations, 06-096 C.M.R. chs. 400-405, 409, and 418.

(xv) Pulping liquors (e.g., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, provided the storage of such liquor, if any, prior to reuse occurs in a fully enclosed tank and the liquors are not accumulated speculatively as defined in 40 C.F.R. §261.1(c)

NOTE: For the purpose of this paragraph, pulping liquor that is spilled or otherwise released into the environment may qualify for this exemption only to the extent the liquor is recovered for subsequent reuse.

(xvi) Scrap metal which is recycled or intended to be recycled and is handled, processed or recycled at a facility licensed or authorized to do so, and provided it is not accumulated speculatively as defined in 40 C.F.R. §261.1(c). "Scrap metal" means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled and which are not otherwise mixed with or contaminated with nonmetal hazardous wastes.

In addition, scrap metal includes processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal, as these terms are defined below:

"Processed scrap metal" is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and fines, drosses and related materials which have been agglomerated.

"Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

"Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

NOTE: It is the generator's responsibility to demonstrate to the Department that the scrap metal is being handled, processed or recycled by a facility licensed or authorized to do so.

(xvii) Materials in unopened containers which are unused, unexpired and which meet the product specifications, provided the materials are not used in a manner constituting disposal (unless the product is normally applied to the land) or burned for energy recovery (unless the product is a fuel).

(xviii) Unused, unexpired materials in an original container which meet the product specifications, provided the Chief Executive Officers or plant managers of the shipping and receiving facilities exchange letters acknowledging the exchange of material, the Department receives copies of these letters prior to shipment, and the materials are not used in a manner constituting disposal (unless the product is originally applied to the land) or burned for energy recovery (unless the product is a fuel). The letter must contain the following information:

(1) the type and quantity of material transferred;

(2) the name, address and telephone number of the transferor and transferee;

(3) the date of transfer; and

(4) the proposed use of the materials by the transferee.

(xix) Isopropyl alcohol is excluded when shown to be recycled by being used or reused as an effective substitute for commercial products provided the isopropyl alcohol is not being reclaimed and the generator and recycling facility is in compliance with the following:

The generator and if located in Maine, the recycler, shall maintain the following documentation at the facility of the generator and, if located in Maine, at the recycling facility, and be available for the Department's inspection:

(1) A description of the isopropyl alcohol to be used or reused;

(2) Consistent with the requirements of 40 C.F.R. §261.2(f) a demonstration that a known market or disposition exists for the isopropyl alcohol. This demonstration must include documentation such as a contract that a material is used to substitute for another product; a description of the process by which the isopropyl alcohol is beneficially used or reused; a representative analysis of the isopropyl alcohol including the hazardous constituents found in 40 C.F.R. §261 Appendix VIII; and documentation that the use of the material does not introduce toxic constituents into the product, for which the material is used as a substitute, in concentrations that are higher than those found in analogous products consistent with 40 C.F.R. §261.2(d)(3)(i)(B); and

(3) Consis[tent with the requirements of 40 C.F.R. §261.2(f), a demonstration by the owners or operators of the receiving facilities that they are actually recycling the materials and documenting that they have the necessary equipment to do so.

Isopropyl alcohol is not exempt under this provision and is a hazardous waste, even if the recycling involves use or reuse, consistent with 40 C.F.R. §§261.2(c) and (e) if the isopropyl alcohol or associated materials are reclaimed, used in a manner constituting disposal, or used to produce products that are applied to land, or burned for energy recovery, used to produce a fuel, or contained in fuels, or if materials are accumulated speculatively as defined in 40 C.F.R. §261.1(c)(8), or fed to a halogen acid furnace. A respondent in an action to enforce hazardous waste regulations who raises a claim that isopropyl alcohol is used or reused under this provision shall demonstrate consistent with 40 C.F.R. §261.2(f), that there is a known market or disposition for the material, and that they meet the terms of the exclusion.

(xx) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of Section 3(B)(5) of this Chapter (Waste Codes D018 through D043) and are subject to the corrective action requirements of 06-096 C.M.R. ch. 691.

(xxi) Debris (as defined in 06-096 C.M.R. ch. 852, §3(A)) that does not exhibit a hazardous waste characteristic and which has been treated in accordance with 06-096 C.M.R. ch. 852, §14(C), or debris that the Department determines is no longer contaminated with hazardous waste. Persons claiming this exclusion based on treatment will have the burden of proving by clear and convincing evidence in an enforcement action that the material meets all of the exclusion requirements.

(xxii) Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for Hazardous Waste Code D004 through D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood product for these materials' intended end use.

(xxiii) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in Section 3(B)(5) of this Chapter when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or 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 tar recovery or refining processes, or mixed with coal tar.

(xxiv) Used cutting oil from metal working operations that is otherwise identified in the Waste Oil Management Rules, 06-096 C.M.R. ch. 860, §4 as a "waste oil which must be managed as a hazardous waste", provided that it:

(1) Exceeds the allowable level for total halogens established in 06-096 C.M.R. ch. 860, §4(C) (4,000 ppm) due solely to the presence of chlorinated paraffins as a constituent of the cutting oil itself, and not due to the mixing of a halogenated hazardous waste with the oil;

(2) Is not mixed or contaminated with any other hazardous waste, and does not exhibit hazardous waste characteristics except as provided in 06-096 C.M.R ch. 860, §4(C), as demonstrated through sampling and analysis, knowledge of process, or both;

(3) Does not exceed the allowable levels established in 06-096 C.M.R. ch. 860, §4(C) for arsenic, cadmium, chromium, lead, PCBs, and flash point;

(4) Is, or will be, processed through a tolling arrangement to reclaim the oil as described in 40 C.F.R. §279.24(c), or if not processed through such tolling arrangement, the rebuttable presumption under 40 C.F.R. §279.10(b)(1) (ii) is rebutted (e.g., by showing through testing that the used cutting oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of this Chapter) and it is recycled through an arrangement at a facility authorized and equipped to recycle the waste, which is documented by a written contract, agreement, bill of sale or receipt from the recycling facility;

(5) Is stored, prior to shipment to the recycling or processing facility, at the site of generation, on a firm, impervious surface constructed to prevent spillage from leaving the area, and in closed, non-leaking containers or tanks labeled with the words "Used Oil Containing Chlorinated Paraffins"; and,

(6) Is transported from the site of generation to a facility authorized to handle the waste by a Maine-licensed waste oil transporter, and each shipment is documented by a bill of lading, a copy of which is retained by the generator for at least three years from the date of shipment.

NOTE: Used cutting oils determined not to be hazardous wastes pursuant to the above described exclusion may be subject to the provisions of Waste Oil Management Rules, 06-096 C.M.R. ch. 860 and/or Standards for the Management of Used Oil, 40 C.F.R. §279.10.

(xxv) Waste oil as defined in 06-096 C.M.R. ch. 860, §4(A) that is reclaimed, reused or burned for energy recovery and meets the requirements of 06-096 C.M.R. ch. 860, §§4(B) or 4(C).

(b)Samples

(i) Persons who generate or collect samples for the purpose of conducting a treatability study, as defined in 40 C.F.R. §260.10, are not subject to the requirements of this Chapter, 06-096 C.M.R. ch. 851, or 06-096 C.M.R. ch. 853, nor are such samples included in the quantity determinations of Section 3(A)(5) of this Chapter, under the circumstances specific in paragraph (ii) where the conditions in paragraph (iii) are met.

(ii) The exclusion of paragraph (b)(i) shall apply when the sample is being collected and prepared for transportation by the generator or sample collector, the sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility, or the sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.

(iii) The exclusion of paragraph (b)(i) shall apply when the conditions of 40 C.F.R. §§261.4(e)(2)(i) -(vi) and 261.4(e)(4) are met, provided however, that the generator shall provide the information required in 40 C.F.R. §261.4(e)(2) (vi) in its annual report, and prior approval has been obtained from the Department. The provisions of 40 C.F.R. §§261.4(e)(2)(i) -(vi) and 261.4(e)(4) are incorporated by reference, except that the term "biennial" in 40 C.F.R. §261.4(e)(2) (vi) shall mean "annual".

(c)Solvent-Contaminated Wipes

(i) For purposes of this subsection, "solvent-contaminated wipes" means woven or non-woven shop towels, rags, pads, or swabs made of wood pulp, fabric, cotton, polyester blends, or other material, that, after use or after cleaning up a spill, either:

(1) Contains one or more of the F001 through F005 solvents listed in Section 3(C)(2) of this Chapter or the corresponding P- or U-listed solvents found in Section 3(C)(4) of this Chapter;

(2) Contains one or more solvents listed in Section 3(C) which exhibit a hazardous waste characteristic found in Section 3(B) of this Chapter when that characteristic results from a listed solvent; and/or,

(3) Contains one or more solvents that are not listed in section 3(C) which exhibit only the hazardous waste characteristic of ignitability found in section 3(B)(2) of this Chapter.

(ii) The following solvent contaminated wipes are not considered hazardous waste from the point of generation, provided that the generator also complies with the provisions of Section 3(A)(4)(c) (iv) of this Chapter (below):

(1) Solvent-contaminated wipes that the generator either launders or dry cleans on-site, or sends off-site to be laundered or dry cleaned, and the on-site or off-site facility: is located in Maine or in a state that has adopted the exclusion at 40 C.F.R. §261.4(a)(26) or adopted a state equivalent rule which is no less stringent than 40 C.F.R. §261.4(a)(26), and its discharge, if any, is regulated under sections 301 and 402 or section 307 of the Clean Water Act.

(2) Solvent-contaminated wipes that are sent for disposal provided that:

(a) They are not hazardous waste due to the presence of trichloroethylene; and,

(b) The generator sends the solvent-contaminated wipes for disposal to: an authorized out-of-state facility in a state where the exclusion at 40 C.F.R. §261.4(b)(18) or a state equivalent rule which is no less stringent than 40 C.F.R. §261.4(b)(18) has been adopted; a municipal solid waste landfill regulated under the Department's Solid Waste Management Rules 09-096 C.M.R. chs. 400 to 425; a hazardous waste landfill regulated under 06-096 C.M.R. chs. 854 to 856; a municipal waste combustor or other combustion facility regulated under section 06-096 C.M.R. ch. 143; or, to a hazardous waste combustor, boiler, or industrial furnace regulated under 06-096 C.M.R. chs. 854 to 856.

(iii) Solvent-contaminated wipes that also contain listed hazardous waste other than solvents, or exhibit toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions in this section.

(iv) All solvent-contaminated wipes excluded from the point of generation under Section 3(A)(4)(c) (ii) of this Chapter must also meet the following provisions:

(1) Containers in which solvent-contaminated wipes are stored must be used only for the storage of those wipes, and not for any other wipes or wastes.

(2) No more than 180 days after the date on which a generator begins to accumulate solvent-contaminated wipes in any container, all solvent-contaminated wipes in that container must be sent for cleaning or disposal;

(3) Solvent-contaminated wipes, when accumulated, stored and transported, must be contained in non-leaking, closed containers. A container is considered closed where there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes;

(4) Any container in which solvent-contaminated wipes are accumulated, stored or transported must be able to contain free liquids, should free liquids accumulate;

(5) Containers in which solvent-contaminated wipes are accumulated, stored, or transported must be clearly labeled or marked with the words "Excluded Solvent-Contaminated Wipes";

(6) When the container is full or the solvent-contaminated wipes are no longer being accumulated and/or when the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

(7) At the point of being sent for cleaning on site or of being transported off site for cleaning or disposal, the solvent-contaminated wipes must contain no free liquids, as defined by 40 C.F.R. §260.10, and as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846) (see Appendix XI);

(8) Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed in accordance with the Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850- 858; and,

(9) Generators shall maintain the following documentation on site:

(a) Name and address of the laundry, dry cleaner, landfill or combustor that is receiving the solvent-contaminated wipes;

(b) Documentation that the 180-day accumulation time limit in Section 3(A)(4)(c) (iv)(2) of this Chapter is being met; and

(c) Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site, or being transported off-site for laundering, dry cleaning or disposal.

(d)Treatability study

(i) Samples undergoing a treatability study and the laboratory or testing facility conducting such treatability study (to the extent the facility is not otherwise subject to the requirements of 06-096 C.M.R. chs. 850 - 860) are not subject to the requirements of 06-096 C.M.R. chs. 850 - 860 provided the conditions in paragraph (d)(ii) are met. A mobile treatment unit (MTU) may qualify as a testing facility, and where a group of MTUs are located at the same site, the limitations of paragraph (d)(ii) apply to the entire group of MTUs as if the group were one MTU.

(ii) The exclusion of paragraph (d)(i) shall apply when the conditions of 40 C.F.R. §261.4(f)(1) -(11) are met (provided however, that references to 40 C.F.R. §261.3 shall mean this Chapter, 40 C.F.R. Parts 261 through 268 and Part 270 shall mean 06-096 C.M.R. ch. 850 - 860 and 40 C.F.R. §261.4(e) shall mean Section 3(A)(4)(b)(i) -(iii) of this Chapter) and prior approval has been obtained from the Department.

(5)Special requirements for hazardous waste generated by small quantity generators

(a) Except as otherwise provided in this section, if a person determines whether the wastes generated are hazardous under 06-096 C.M.R. ch. 851, §5 and generates, in a calendar month, a total of less than 100 kilograms (220.46 lbs.) of hazardous wastes, those wastes are not subject to regulation under 38 M.R.S., §§1301 through 1319-Y and related rules, provided the generator complies with Section 3(A)(5)(d) of this Chapter (below).

NOTE: A small quantity generator is required to properly package for shipment, manifest, use a licensed hazardous waste transporter, and ship its hazardous waste to an authorized facility in accordance with Section 3(A)(5)(d) of this Chapter.

(b) If a person whose waste has been excluded from regulation under Section 3(A)(5)(a) of this Chapter accumulates hazardous wastes in quantities greater than 600 kilograms or acutely hazardous wastes in quantities greater than set forth in Section 3(A)(5)(c) of this Chapter, all of those accumulated wastes are subject to regulation under 38 M.R.S. §§1301 through 1319-Y and related rules (06-096 C.M.R. chs. 850 - 860 of the Department's rules).

(c) If a person generates in a calendar month or accumulates at any time any of the following acutely hazardous wastes in quantities greater than set forth in subsections (i) through (v) below, those wastes are subject to regulation under 38 M.R.S., §§1301 through 1319-Y and related rules. (06-096 C.M.R. chs. 850 - 857 of the Department's Rules).

(i) A total of one kilogram of commercial chemical products and manufacturing chemical intermediates having the generic names listed in Section 3(C)(4)(e) of this Chapter and off-specification commercial chemical products and manufacturing chemical intermediates which, if they met specifications, would have the generic names listed in Section 3(C)(4)(e) of this Chapter.

(ii) A total of one kilogram of the following hazardous wastes listed in Section 3(C)(2)(a) of this Chapter: Industry and EPA hazardous waste Nos. F020, F021, F022, F023, F026, F027, and F028.

(iii) Any containers identified in Section 3(C)(4)(c) of this Chapter that are larger than 20 liters in capacity;

(iv) Ten (10) kilograms of inner liners from containers identified in Section 3(C)(4)(c) of this Chapter;

(v) A total of 100 kilograms of 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 products or manufacturing chemical intermediates having the generic names listed in Section 3(C)(4)(e) of this Chapter 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 commercial chemical products or manufacturing chemical intermediates which, if they met specifications, would have the generic names listed in Section 3(C)(4)(e) of this Chapter;

NOTE: Any person who exceeds the quantity requirements outlined in Sections 3(A)(5)(b) and 3(A)(5)(c) of this Chapter is subject to full regulation (i.e., regulation applicable to generators of greater than 100 kilograms per month of hazardous waste), including the requirements of 06-096 C.M.R. ch. 851, §8(B) that relate to accumulation times for hazardous waste. The time period in 06-096 C.M.R. ch. 851, §8(B) begins when the accumulated wastes exceed the applicable exclusion limit.

(d) In order for hazardous waste to be excluded from regulation under this section, the generator shall:

(i) Determine whether the waste generated is hazardous in accordance with 06-096 C.M.R. ch. 85 1, § 5;

(ii) Store the waste in a container no greater than 55 gallons in size, label and package the hazardous waste in accordance with 06-096 C.M.R. ch. 851, §§8(A) and 8(B)(3), and label the container with the date the container becomes full;

(iii) Properly manifest the hazardous waste in accordance with 06-096 C.M.R. ch. 857 and comply with the requirements of 06-096 C.M.R. ch. 857;

(iv) Utilize a licensed transporter in accordance with 06-096 C.M.R. ch. 851, § 7;

(v) Transport, or offer for transport, such waste only to a waste facility for hazardous waste which is authorized to handle the waste under a state program, and if applicable, under the federal hazardous waste regulatory program; and

(vi) Ship off site such waste within 180 days of the date the drum becomes full; and

(vii) If more than 55 gallons (approximately 200 kg) of a non-acutely hazardous waste is stored onsite, the generator shall in addition:

a. Manage the waste in accordance with 06-096 C.M.R. ch. 851, §§8(B)(2), 9 (A-D), 11, 12, 13(B)(1), 13(B)(2), 13(C)(1), 13(C)(3), 13(C)(4), 13(C)(7)(a) and (b), 13(D)(1), and 13(D)(2); and

b. In accordance with 06 -096 C.M.R. ch. 851, § 6, have a generator identification number assigned to the generator by the Maine Department of Environmental Protection if the generator will be operating under the provisions of 3(A)(5)(d)(vii) of this Chapter.

NOTE: To be eligible for the reduced requirements of this section, a small quantity generator shall store its waste in containers.

(e) Hazardous waste subject to the reduced requirements of Section 3(A)(5)(d) of this Chapter that is mixed with non-hazardous waste remains subject to these reduced requirements as long as the resultant mixture does not exceed the quantity limitations identified in this section. If any 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. Mixture of a characteristic hazardous waste with a non-hazardous waste such that the mixture no longer exhibits a characteristic constitutes treatment which requires a license pursuant to 06-096 C.M.R. chs. 854 and 856.

(6)Special requirements for hazardous waste which is beneficially used or reused

(a) Activities that may be eligible for reduced licensing requirements because those activities involve hazardous waste which is beneficially used or reused are specified under 06-096 C.M.R. ch. 856, §11, "Requirements for Facilities Licensed under the Abbreviated License Process."

(b) Activities that involve recycling and reclamation of hazardous waste are considered forms of treatment and, as such, are subject to the requirements of 06-096 C.M.R. chs. 854 and 856 with respect to treatment of hazardous waste.

(7)Re sidues of hazardous waste in empty containers. Any residue remaining in a container or an inner liner removed from a container that has held any hazardous waste other than hazardous waste identified as acute hazardous waste in Section 3(C)(2), 3(C)(3) or 3(C)(4)(e) is a hazardous waste unless the container is empty as defined below:

(a) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type container and

(b) No more than one inch of residue containing no free liquids remains on the bottom of the container or inner liner or

NOTE: Removing free liquids from a container may include: draining the emptied container for at least thirty (30) seconds after the steady flow of hazardous waste has ceased and individual droplets are clearly evident and then performing that procedure two more times.

(c) The container or inner liner has been triple-rinsed using a solvent capable of removing the waste, or

(d) No more than 3% by weight of the total capacity remains in the container or inner liner if the container is less than or equal to 119 gallons; or no more than 0.3% by weight of the total capacity remains in the container or inner liner if the container is greater than 119 gallons.

(e) If the container has held a hazardous waste that is a compressed gas, the pressure in the container is at atmospheric.

Any container or an inner liner removed from a container that has held an acute hazardous waste identified in Section 3(C)(2), 3(C)(3) or 3(C)(4)(e) is empty if the container or inner liner has been triple rinsed using a solvent capable of removing the waste, or cleaned by another method shown in scientific literature or by tests performed by the generator to achieve equivalent removal, or, in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

(8) The use of material which is contaminated or mixed with dioxin or any other hazardous waste identified in this Chapter, for dust suppression or road treatment is prohibited.

(9) No other fuel which contains any hazardous waste may be burned in any cement kiln or other boiler or industrial furnace unless licensed under 06-096 C.M.R. ch. 856.

(10) Persons who generate, transport, or collect non-leaking spent lead acid batteries, or who store non-leaking spent batteries but do not reclaim or intend to reclaim them are not required to obtain a license for such a facility.

(11) Owners or operators of facilities that store spent lead acid batteries before reclaiming them are required to obtain a license for such storage under 06-096 C.M.R. ch. 856.

(12) Delistings: [RESERVED]

RESERVED SPACE

(13)Special Requirements for Universal Wastes

(a) All generators of universal wastes shall comply with either the full Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 - 857, including all requirements in this Section, or the alternative standards of 06-096 C.M.R. ch. 858.

(b) Universal Wastes are:

(i) Architectural paint

(ii) Cathode ray tubes;

(iii) Lamps;

(iv) Mercury Devices;

(v) Mercury thermostats;

(vi) Motor Vehicle Mercury Switches;

(vii) Totally enclosed, non leaking polychlorinated biphenyl (PCB) ballast;

NOTE: Only mercury-containing lamps or lamps otherwise hazardous are included as universal wastes.

NOTE: Batteries are managed as universal waste in accordance with Section (14).

(c) Generators, owners or operators of any central accumulation or consolidation facility, and transporters of universal wastes are prohibited from conducting the following activities:

(i) Disposing, diluting or treating universal wastes.

NOTE: The intentional breaking of universal wastes including Cathode Ray Tubes is a form of treatment, and is therefore prohibited at locations other than the recycling facility.

(ii) Sending a universal waste to any facility other than a central accumulation facility, a consolidation facility for universal waste, an approved recycling facility for universal wastes, or in the case of ballasts and the residues from mercury spill kits to an approved disposal or treatment facility.

NOTE: Generators that self-transport waste shall comply with universal waste transporter requirements, as provided in 06-096 C.M.R. ch. 853, §11.

NOTE: 06-096 C.M.R. chs. 854 and 856 apply to a universal waste recycling facility.

(d) Household hazardous waste, which meets the description of universal waste in Section 3(A)(13)(b) but which is exempt under Section 3(A)(4)(a) (vii) of this Chapter, when combined or mixed with universal wastes is no longer exempt and must be managed in accordance with the requirements of 06-096 C.M.R. chs. 850, 851, 853, 856, 857, and 858.

(e) All generators of universal wastes shall:

(i) Determine whether the waste generated is hazardous in accordance with 06-096 C.M.R. ch. 851, §5 and, pursuant to the Mercury-Added Products and Service law, 38 M.R.S. §1663 determine that all mercury containing lamps are a universal waste and may not be placed in solid waste for disposal in a solid waste facility; and

(ii) Determine whether the waste is a universal waste under Section 3(A)(13)(b) of this Chapter;

NOTE: If a hazardous waste is not eligible for regulation under the universal waste rules, then the full hazardous waste management rules apply.

(iii) Immediately contain and transfer all releases of waste and residues resulting from spills or leaks from broken or ruptured universal waste to a container that meets the requirements of the Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 - 857, except that waste and residues from incidental breakage may still be managed as a universal waste;

(iv) Determine by testing, or handle as hazardous, clean up residues resulting from spills or leaks from events other than incidental breakage of lamps or CRTs in accordance with Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 - 857, including generator accumulation time limit, storage and disposal standards, and count this waste toward the determination of hazardous waste generator status;

(14)Special requirements for certain batteries

Batteries that are described in 40 C.F.R. §273.2 must be managed in accordance with 40 C.F.R. Part 273, except that references to 40 C.F.R. Parts 260 through 272 shall mean 06-096 C.M.R. chs. 850 - 857 of the Maine Hazardous Waste Management Rules and except that 40 C.F.R. §273.8(a)(2) is not incorporated, and instead, batteries handled by federal very small quantity generators are regulated as small quantity handlers pursuant to 40 C.F.R. Part 273 Subpart B. In addition, instead of 40 C.F.R. §273.2(c), a battery becomes a waste on the date that it becomes useless, unwanted, or intended for disposal, and spent lead acid batteries described in 40 C.F.R. §§273.2(a)(2) and 273.2(b)(1) are regulated under 06-096 C.M.R. chs. 850 through 858 instead of 40 C.F.R. Part 266, Subpart G.

B.Identification of hazardous wastes by characteristics

(1)General

(a) A waste which is not excluded from regulation as a hazardous waste under Section 3(A)(4) of this Chapter is a hazardous waste if it exhibits any of the characteristics identified in this Chapter.

(b) A hazardous waste which is identified by a characteristic in this section is assigned every EPA Hazardous Waste Number that is applicable in Section 3(B) of this Chapter. This number, alone or in combination with another number assigned by the Department as provided by rule, must be used in complying with regulatory requirements of 06-096 C.M.R. chs. 850 - 857 and Section 3010 of RCRA.

(c) For purposes of this Section 3(B) of this Chapter, the Department will consider a sample obtained using any of the applicable sampling methods specified in Appendix I of this Chapter to be a representative sample within the meaning of 40 C.F.R. §260.10 of EPA regulations. A person who desires to employ an alternative sampling method shall demonstrate the equivalency of that method under the procedures set forth in 40 C.F.R. §§260.20 and 260.2 l.

(2)Characteristic of ignitability

(a) A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

(i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60º C (l40º F) as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, or a Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78, or as determined by an equivalent test method approved by the EPA under the procedures set forth in 40 C.F.R. §§260.20 and 260.21. [1]

(ii) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

(iii) It is an ignitable compressed gas.

(1) The term "compressed gas" means any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70° F or, regardless of the pressure at 70° F, having an absolute pressure exceeding 104 p.s.i. at 130° F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100° F as determined by ASTM Test D-323.

(2) A compressed gas is characterized as ignitable if any one of the following occurs:

(a) Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent regardless of the lower limit. These limits must be determined at atmospheric temperature and pressure. The method of sampling and test procedure must be acceptable to the Bureau of Explosives and approved by the director, Pipeline and Hazardous Materials Technology, U.S. Department of Transportation (US DOT).

(b) Using the Bureau of Explosives' Flame Projection Apparatus, the flame projects more than 18 inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening.

(c) Using the Bureau of Explosives' Open Drum Apparatus, there is any significant propagation of flame away from the ignition source.

(d) Using the Bureau of Explosives' Closed Drum Apparatus, there is any explosion of the vapor-air mixture in the drum.

NOTE: A description of the Bureau of Explosives' Flame Project Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and methods of tests may be procured from the Bureau of Explosives.

(iv) It is an oxidizer. An oxidizer for the purpose of this Chapter is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.

(1) An organic compound containing the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals must be classed as an organic peroxide unless:

(a) The material meets the definition of a forbidden explosive or a Division 1.1, 1.2, or 1.3 explosive, as defined in Section 3(B) (4)(a)(viii) of this Chapter, in which case it must be classed as an explosive,

(b) The material is forbidden to be offered for transportation according to 49 C.F.R. §172.101 and 49 C.F.R. §173.21,

(c) It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide, or

(d) According to data on file with the Pipeline and Hazardous Materials Safety Administration in the US DOT, it has been determined that the material does not present a hazard in transportation.

NOTE: An organic peroxide is a type of oxidizer.

(b) A waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.

(3)Characteristic of corrosivity

(a) A waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

(i) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either Method 9040 as specified in the "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 as published July 1, 2005[2] or an equivalent test method approved by EPA under the procedures set forth in 40 C.F.R. §§260.20 and 260.21.

(ii) It is a liquid and corrodes steel (SAE l020[3]) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55º C (130º F) as determined by Method 1110A in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 or an equivalent test method approved by EPA under the procedures set forth in 40 C.F.R. §§260.20 and 260.2 l.

(b) A waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002.

(4)Characteristic of reactivity

(a) A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

(i) It is normally unstable and readily undergoes violent change without detonating.

(ii) It reacts violently with water.

(iii) It forms potentially explosive mixtures with water.

(iv) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(v) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and l2.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(vi) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.

(vii) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.

(viii) It is a forbidden explosive as defined in 49 C.F.R. § l73.54, or a Division 1.1, 1.2, or 1.3 explosive as defined in 49 C.F.R. §§ l73.50 and l73.53.

(b) A waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.

(5)Characteristic of toxicity

(a) A waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure (TCLP) Test Method 1311 in "Test Methods for Evaluating Solid Waste, Physcial/Chemical Methods", EPA Publication SW-846 (see Appendix III for information on obtaining SW-846), the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section.

(b) A waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table I which corresponds to the toxic contaminant causing it to be hazardous.

Table I. Maximum Concentration of Contaminants for the Toxicity Characteristic

EPA Hazardous Waste No. 4	Contaminant	CAS No. 5	Regulatory Level (mg/L)
D004	Arsenic	7440-38-2	5.0
D005	Barium	7440-39-3	100.0
D018	Benzene	71-43-2	0.5
D006	Cadmium	7440-43-9	1.0
D019	Carbon tetrachloride	56-23-5	0.5
D020	Chlordane	57-74-9	0.03
D021	Chlorobenzene	108-90-7	100.0
D022	Chloroform	67-66-3	6.0
D007	Chromium	7440-47-3	5.0
D023	o-Cresol	95-48-7	200.0 7
D024	m-Cresol	108-39-4	200.0 7
D025	p-Cresol	106-44-5	200.0 7
D026	Cresol	200.0 7
D016	2,4-D	94-75-7	10.0
D027	1,4-Dichlorobenzene	106-46-7	7.5
D028	1,2- Dichloroethane	107-06-2	0.5
D029	1,1-Dichloroethylene	75-35-4	0.7
D030	2,4-Dinitrotoluene	121-14-2	0.13 6
D012	Endrin	72-20-8	0.02
D031	Heptachlor (and its epoxide)	76-44-8	0.008
D032	Hexachlorobenzene	118-74-1	0.13 6
D033	Hexachlorobutadiene	87-68-3	0.5
D034	Hexachloroethane	67-72-1	3.0
D008	Lead	7439-92-1	5.0
D013	Lindane	58-89-9	0.4
D009	Mercury	7439-97-6	0.2
D014	Methoxychlor	72-43-5	10.0
D035	Methyl ethyl ketone	78-93-3	200.0
D036	Nitrobenzene	98-95-3	2.0
D037	Pentrachlorophenol	87-86-5	100.0
D038	Pyridine	110-86-1	5.0 6
D010	Selenium	7782-49-2	1.0
D011	Silver	7440-22-4	5.0
D039	Tetrachloroethylene	127-18-4	0.7
D015	Toxaphene	8001-35-2	0.5
D040	Trichloroethylene	79-01-6	0.5
D041	2,4,5-Trichlorophenol	95-95-4	400.0
D042	2,4,6-Trichlorophenol	88-06-2	2.0
D017	2,4,5 - TP (Silvex)	93-72-1	1.0
D043	Vinyl Chloride	75-01-4	0.2

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 3(C) of this Chapter unless it has been excluded by EPA under 40 C.F.R. §§260.20 and 260.22 and excluded subsequently by the Maine Board of Environmental Protection pursuant to 38 M.R.S. §1319- O(1)(A).

(b) Each hazardous waste listed in this section is assigned an EPA Hazardous Waste Number 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 in 06-096 C.M.R. chs. 850 - 857 and 3001 of RCRA, 42 U.S.C. §6921.

(c) Certain of the hazardous waste listed in Section 3(C)(2) or 3(C)(3) have exclusion limits that refer to Section 3(A)(5)(c) of this Chapter.

(2)Hazardous wastes from non-specific sources. A waste is a hazardous waste if it is listed below:

(a) The F-listed wastes listed in the table below:

Industry and EPA Hazardous No.	Hazardous Waste	Hazardous Code8
Generic: F001	The following waste halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, 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, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane; 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 non-halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all waste solvent mixtures/blends containing before use, only the above waste non-halogenated solvents; and all waste 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, or F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.	(I)
F004	The following waste non-halogenated 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 non-halogenated 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 non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; 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 non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.	( I,T)9
For the purposes of administering and enforcing this Chapter, 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 F001-F005. In order to overcome this presumption, a person shall 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 F001-F005 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 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.	(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, except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process.	(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 2,4,5-trichlorophenol.)	(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 2,4,5-trichlorophenol.)	(H)
F024	Process wastes, including 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 40 C.F.R. §§261.31 or 261.32).	(T)
F025	Condensed light ends, spent filters, and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radicalized 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.	(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 2,4,5-trichlorophenol 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)
F032	Wastewaters (except those 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 40 C.F.R. §261.35 or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous waste (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.	(T)
F034	Wastewaters (except those 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.	(T)
F035	Wastewaters (except those 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.	(T)
F037	Petroleum refinery 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 oily 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 processes or oily cooling waters, sludges generated in aggressive biological treatment units as defined in this Chapter (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.	(T)
F038	Petroleum refinery 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. 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 processes or oily cooling waters, sludges generated in aggressive biological treatment units as defined in this Chapter (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment unit) and F037, K048, and K051 wastes are not included in this listing.	(T)
F039	Leachate (liquids 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)

⁸⁸ Hazard Codes:

Ignitable Waste............................(I)

Corrosive Waste............................(C)

Reactive Waste............................(R)

Toxicity Characteristic Waste............................(E)

Acute Hazardous Waste............................(H)

Toxic Waste............................(T)

⁹⁹ (I,T) should be used to specify mixtures containing ignitable and toxic constituents.

(b) The provisions of 40 C.F.R. §261.31(b) further define the F037 and F038 listings.

(c) Polychlorinated biphenyl (PCB) and polychlorinated biphenyls (PCBs), where PCB and PCBs mean 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) Any waste chemical substances or combination of waste substances that contain 50 parts per million (on a dry weight basis) or greater of PCBs are hazardous waste.

Substances that are regulated by this Chapter 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. "PCB Item" as defined in 40 C.F.R. §761.3 is also subject to this Chapter.

In addition, 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 06-096 C.M.R. ch. 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 are subject to these regulations unless otherwise specifically provided by 40 C.F.R. Part 761, except that PCB contaminated media at an uncontrolled hazardous substance site, as defined in the Uncontrolled Hazardous Substance Sites law, 38 M.R.S. §1362(3), which is 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 Chapter, the following are considered hazardous waste and are subject to regulation under 38 M.R.S., §§1301 through 1319- Y:

(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., §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 06-096 C.M.R. ch. 856, §11(A)(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 in Maine is subject to regulation and requirements under 06-096 C.M.R. chs. 850 through 858 of the Department's rules.

(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 does 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 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 1,1,1-trichloroethane.			(T)
K029	Waste from the product steam stripper in the production of 1,1,1-trichloroethane.			(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 ortho-xylene.			(T)
K094	Distillation bottoms from the production of phthalic anhydride from ortho-xylene.			(T)
K095	Distillation bottoms from the production of l,l,l-tri-chloroethane.			(T)
K096	Heavy ends from the heavy ends column from the production of l,l,l-trichloroethane.			(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)
K107	Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.			(C,T)
K108	Condensed column overheads from product separation and condensed reactor vent gases from the production of l,l-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.			(I,T)
K109	Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.			(T)
K110	Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.			(T)
K111	Product washwaters from the production of dinitrotoluene via nitration of toluene.			(C,T)
K112	Reaction by-product 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)
K119 10	Wastes from the decantor in the production of linuron.			(I,C,T)
K120 10	Wastes from the spill control trap in production of linuron.			(I,T)
K121 10	Wastewater from product filtration and water washing in the production of bromacil.			(T)
K138 11	Spent catalyst and filter media from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.			(T)
K149	Distillation bottoms from the production of alpha-(or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of these functional groups. (This waste does not include still bottoms from the distillation of benzyl chloride.)			(T)
K150	Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha-(or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.			(T)
K151	Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha-(or-methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.			(T)
K156	Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)			(T)
K157	Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)			(T)
K158	Bag house dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)			(T)
K159	Organics from the treatment of thiocarbamate wastes.			(T)
K161	Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126.)			(R, T)
K174	Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i) they are disposed of in a subtitle C or non-hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of subtitle C shall, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they shall provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met.			(T)
K175	Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.			(T)
K181	Nonwastewaters from the production of dyes and/or pigments (including nonwastewaters commingled at the point of generation with nonwastewaters from other processes) that, at the point of generation, contain mass loadings of any of the constituents identified in 40 C.F.R. §261.32(c) that are equal to or greater than the corresponding levels in that section, as determined on a calendar year basis. These wastes will not be hazardous if the nonwastewaters are: (i) disposed in a Subtitle D landfill unit subject to the design criteria in 40 C.F.R. §258.40, (ii) disposed in a Subtitle C landfill unit subject to either 40 C.F.R. §264.301 or 265.301, (iii) disposed in other Subtitle D landfill units that meet the design criteria in 40 C.F.R. §258.40, 264.301, or 265.301, or (iv) treated in a combustion unit that is permitted under Subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act. For the purposes of this listing, dyes and/or pigments production is defined in 40 C.F.R. §261.32(b)(1). The process for demonstrating that a facility's nonwastewaters are not K181 is described in 40 C.F.R. §261.32(d). This listing does not apply to wastes that are otherwise identified as hazardous under 40 C.F.R. §§261.21-261.24 and §§261.31-261.33 at the point of generation. Also, the listing does not apply to wastes generated before any annual mass loading limit is met. For the purposes of this listing, the provisions of 40 C.F.R. §261.32(b) through (d) are incorporated by reference.			(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)
K176	Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide).			(E)
K177	Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide).			(T)
K178	Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process.
Pesticides: K031	By-product salts 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 2,4,5-T.			(T)
K043	2,6-Dichlorophenol waste from the production of 2,4-D.			(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 2,4-D.			(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)
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 lead-based 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)
K169	Crude oil storage tank sediment from petroleum refining operations.			(T)
K170	Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations.			(T)
K171	Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media).			(I, T)
K172	Spent Hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media).			(I, 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 organo-arsenic compounds.			(T)
K101	Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.			(T)
K102	Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic 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)
K141	Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke byproducts produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).			(T)
K142	Tar storage tank residues from the production of coke from coal or from the recovery of coke byproducts produced from coal.			(T)
K143	Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters and wash oil recovery units from the recovery of coke byproducts produced from coal.			(T)
K144	Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke byproducts produced from coal.			(T)
K145	Residues from naphthalene collection and recovery operations from the recovery of coke byproducts produced from coal.			(T)
K147	Tar storage tank residues from coal tar refining			(T)
K148	Residues from coal tar distillation, including, but not limited to, still bottoms.			(T)

Hazard Codes:

Ignitable Waste (I)

Corrosive Waste (C)

Reactive Waste (R)

Toxicity Characteristic Waste (E)

Acute Hazardous Waste (H)

Toxic Waste (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 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 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 off-specification 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) or (f) of this section, unless the container is empty as defined in Section 3(A)(7) of this Chapter. Containers which have contained medicinal nitroglycerin are considered empty if they meet the provisions of Section 3(A)(7)(a) and (b) of this Chapter.

(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 commercial 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 off-specification 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.

NOTE: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . ." refers to a chemical substance manufactured or formulated for commercial or manufacturing use which consists of:

(1) the commercially pure grade of the chemical,

(2) any technical grades of the chemical that are produced or marketed,

(3) any formulations in which the P or U listed chemical is the sole active ingredient regardless of the percent composition, or

(4) effective January 1, 1995, any formulations in which the P listed chemical is an active ingredient of 10% or more. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraphs (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraphs (e) or (f), such waste will be listed in either Section 3(C)(2) or Section 3(C)(3) or will be identified as a hazardous waste by the characteristics set forth in Section 3(B) of this Chapter.

(e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in Section 3(A)(5)(c).

NOTE: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T* (Human Toxicity), and R (Reactivity). Absence of a letter indicates that the compound is listed on the basis of animal toxicity data.

These wastes and their corresponding EPA Hazardous Waste Numbers are:

Hazardous Waste Number	Substance
P023	Acetaldehyde, chloro-
P002	Acetamide, N-(aminothioxomethyl)-
P057	Acetamide, 2-fluoro-
P058	Acetic acid, fluoro-, sodium salt
P002	1-Acetyl-2-thiourea
P003	Acrolein
P124	Actinomycin D*
P070	Aldicarb
P203	Aldicarb sulfone
P004	Aldrin
P005	Allyl alcohol
P006	Aluminum phosphide (R,T)
P007	5-(Aminomethyl)-3-isoxazolol
P008	4-Aminopyridine
P009	Ammonium picrate (R)
P119	Ammonium vanadate
P125	Antimony, when in the form of particles 100 microns or less*
P099	Argentate(1-), bis(cyano-C)-, potassium
P010	Arsenic acid H3AsO4
P012	Arsenic oxide As2O3
P011	Arsenic oxide As2O5
P011	Arsenic pentoxide
P012	Arsenic trioxide
P038	Arsine, diethyl
P036	Arsonous dichloride, phenyl-
P054	Aziridine
P067	Aziridine, 2-methyl-
P150	Azinphos ethyl*
P151	Azinphos methyl*
P013	Barium cyanide
P024	Benzenamine, 4-chloro-
P077	Benzenamine, 4-nitro-
P028	Benzene, (chloromethyl)-
P042	1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-,(R)-
P046	Benzeneethanamine, alpha, alpha-dimethyl-
P014	Benzenethiol
P127	7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate
P188	Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1)
P001	2H-1-Benzopyran-2-one,4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrationsgreater than 0.3%
P028	Benzyl chloride
P015	Beryllium powder
P126	4,4'-Bipyridinium, 1,1'-dimethyl,dichloride*
P017	Bromoacetone
P018	Brucine
P045	2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[methylamino)carbonyl] oxime
P021	Calcium cyanide
P021	Calcium cyanide Ca(CN)2
P189	Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester
P191	Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester
P192	Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester
P190	Carbamic acid, methyl-, 3-methylphenyl ester
P127	Carbamic acid, methyl-2,3-dihydro, 2,2-dimethyl-7-benzofuranyl ester*
P128	Carbamic acid, methyl, 4-dimethylamino-3, 5-xylyl ester*
P127	Carbofuran*
P022	Carbon bisulfide (another name for carbon disulfide)
P022	Carbon disulfide
P095	Carbonic dichloride
P095	Carbonyl chloride (alternative name for phosgene)
P189	Carbosulfan
P023	Chloroacetaldehyde
P024	p-Chloroaniline
P133	Chloroethanol*
P143	Chlorofenvinphos*
P129	Chlorine*
P026	1-(o-Chlorophenyl)thiourea
P027	3-Chloropropionitrile
P029	Copper cyanide
P029	Copper cyanide Cu(CN)
P130	Coumaphos*
P131	Coumarin,3-chloro-7 hydroxy-4-methyl,0-ester with 0,0-diethyl phosphorothioate*
P131	Crotonic acid, 3-hydroxy-,methyl ester, dimethyl phosphate (E)*
P202	m-Cumenyl methylcarbamate
P030	Cyanides (soluble cyanide salts), not otherwise specified
P031	Cyanogen
P033	Cyanogen chloride
P033	Cyanogen chloride (CN)Cl
P034	2-Cyclohexyl-4,6-dinitrophenol
P134	Cycloheximide*
P155	Demeton*
P144	Dichlorvos*
P146	Dicrotophos*
P016	Dichloromethyl ether
P036	Dichlorophenylarsine
P037	Dieldrin
P132	Diethylamine, 2,2'-dichloro-N-methyl-*
P039	0,0-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate* (another name for Disulfoton)
P038	Diethylarsine
P041	Diethyl-p-nitrophenyl phosphate
P040	O,O-Diethyl O-pyrazinylphosphorothioate
P043	Diisopropylfluorophosphate (DFP)
P004	1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha, 8alpha, 8abeta)-
P060	1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-
P037	2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta,2aalpha,3be ta,6beta,6aalpha,7beta,7aalpha)-
P051	2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta,2abeta,3alp ha,6alpha,6abeta,7beta,7aalpha)-, & metabolites
P044	Dimethoate
P046	alpha,alpha-Dimethylphenethylamine
P191	Dimetilan
P047	4,6-Dinitro-o-cresol, & salts
P034	4,6-Dinitro-o-cyclohexylphenol (another name for 2-Cyclohexyl-4,6-dinitrophenol)
P048	2,4-Dinitrophenol
P020	Dinoseb
P153	Dioxathion*
P085	Diphosphoramide, octamethyl-
P111	Diphosphoric acid, tetraethyl ester
P039	Disulfoton
P049	Dithiobiuret
P185	1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)-carbonyl]oxime
P050	Endosulfan
P088	Endothall
P051	Endrin
P051	Endrin, & metabolites
P042	Epinephrine
P141	EPN*
P046	Ethanamine, 1,1-dimethyl-2-phenyl- (alternative name for alpha, alpha Dimethylphenethylamine)
P031	Ethanedinitrile
P194	Ethanimidothioc acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester
P066	Ethanimidothioic acid, N-[[methylamino) carbonyl]oxy]-,methyl ester
P154	Ethion*
P101	Ethyl cyanide
P054	Ethyleneimine
P097	Famphur
P156	Fensulfothion*
P056	Fluorine
P057	Fluoroacetamide
P058	Fluoroacetic acid, sodium salt
P198	Formetanate hydrochloride
P197	Formparanate
P065	Fulminic acid, mercury (2+) salt (R,T)
P134	Glutarimide,3-(2-(3,5-dimethyl-2-oxocyclohexyl)-2 hydroxyethyl)*
P059	Heptachlor
P062	Hexaethyl tetraphosphate
P135	Hydantoin, 5,5-diphenyl-*
P136	Hydantoin, 5,5-diphenyl-monosodium salt*
P116	Hydrazinecarbothioamide
P068	Hydrazine, methyl-
P063	Hydrocyanic acid
P063	Hydrogen cyanide
P096	Hydrogen phosphide
P137	Hydroquinone*
P060	Isodrin
P192	Isolan
P138	Isonicotinic acid hydrazide*
P202	3-Isopropylphenyl N-methylcarbamate
P007	3(2H)-Isoxazolone, 5-(aminomethyl)-
P140	Leptophos*
P196	Manganese, bis(dimethylcarbamodithioato-S,S')-,
P196	Manganese dimethyldithiocarbamate
P092	Mercury, (acetato-0)phenyl-
P065	Mercury fulminate (R,T)
P082	Methanamine, N-methyl-N-nitroso-
P064	Methane, isocyanato-
P016	Methane, oxybis[chloro-
P112	Methane, tetranitro- (R)
P118	Methanethiol, trichloro-
P198	Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-monohydrochloride
P197	Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-
P199	Methiocarb
P050	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide
P059	4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro-
P066	Methomyl
P068	Methyl hydrazine
P064	Methyl isocyanate
P069	2-Methyllactonitrile
P071	Methyl parathion
P190	Metolcarb
P131	Mevinphos*
P128	Mexacarbate*
P147	Monocrotophos*
P158	Mustard gas
P072	alpha-Naphthylthiourea
P073	Nickel carbonyl
P073	Nichol carbonyl Ni(CO)4 (T-4)-
P074	Nichol cyanide
P074	Nickel cyanide Ni(CN)2
P075	Nicotine, & salts
P076	Nitric oxide
P077	p-Nitroaniline
P078	Nitrogen dioxide
P132	Nitrogen mustard*
P076	Nitrogen oxide NO
P078	Nitrogen oxide NO2
P081	Nitroglycerine (R)(T*)
P082	N-Nitrosodimethylamine
P084	N-Nitrosomethylvinylamine
P085	Octamethylpyrophosphoramide
P087	Osmium oxide OsO4 (T-4)-
P087	Osmium tetroxide
P088	7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
P194	Oxamyl
P157	Oxydemeton-Methyl*
P126	Paraquat*
P089	Parathion
P034	Phenol,2-cyclohexyl-4,6-dinitro-
P048	Phenol, 2,4-dinitro-
P047	Phenol, 2-methyl-4,6-dinitro-, & salts
P020	Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009	Phenol, 2,4,6-trinitro-, ammonium salt (R)
P128	Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester)
P199	Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate
P202	Phenol, 3-(1-methylethyl)-, methyl carbamate
P201	Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate
P092	Phenylmercury acetate
P093	Phenylthiourea
P135	Phenytoin*
P136	Phenytoin sodium*
P152	Phosmet*
P094	Phorate
P142	Phosacetim*
P095	Phosgene
P145	Phosphamidon
P096	Phosphine
P139	Phosphonic acid, (2,2,2-thrichloro-1, hydroxyethyl)-, dimethyl ester*
P140	Phosphonothioic acid, phenyl-0-(4-bromo-2,5-dichlorophenyl) 0-methyl ester*
P141	Phosphorothioic acid, phenyl-,0-ethyl 0-(p-nitrophenyl) ester*
P142	Phosphoramidiothioic acid, acetimidoyl-,0,0-bis(p-chlorophenyl) ester*
P143	Phosphoric acid, 2-chloro-1-(2,4-dichlorophenyl) vinyl diethyl ester*
P144	Phosphoric acid, 2,2-dichlorovinyl dimethyl ester*
P041	Phosphoric acid, diethyl 4-nitrophenyl ester
P145	Phosphoric acid, dimethyl ester, ester with 2-chloro-N,N-diethyl-3-hydroxycrotonamide*
P146	Phosphoric acid, dimethyl ester, ester with (E)-3-hydroxy-N,N-dimethylcrotonamide*
P147	Phosphoric acid, dimethyl ester, ester with (E)-3-hydroxy-N, methyl-crotonamide*
P148	Phosphorodithioic acid, S-(((p-chlorophenyl)thio)-methyl) 0,0-diethyl ester*
P039	Phosphorodithioic acid, 0,0-diethyl S-[2-(ethylthio)ethyl] ester
P094	Phosphorodithioic acid, 0,0-diethyl S-[ethylthio)methyl]ester
P149	Phosphorodithioic acid, 0,0-diethyl-S-(((1,1-dimethylethyl)thio) methyl)ester*
P154	Phosphorodithioic acid, S,S'-methylene 0,0,0',0'-tetraethyl ester**
P150	Phosphorodithioic acid, 0,0-diethyl ester, S-ester with 3-(mercaptomethyl)-1,2,3-benzotriazin-4(3H)-one*
P151	Phosphorodithioic acid, 0,0-dimethyl ester, S-ester with 3-(mercaptomethyl)-1,2,3-benzotriazin-4(3H)-one*
P152	Phosphorodithioic acid, 0,0-dimethyl ester, S-ester with N-(mercaptomethyl) phthalimide*
P153	Phosphorodithioic acid, S,S'-p-dioxane-2,3-diyl 0,0,0',0'-tetra-ethyl ester*
P155	Phosphorothioic acid, 0,0-diethyl 0-(2-(ethylthio)ethyl) ester, mixed with 0-0-diethyl S-(2-(ethylthio)ethyl) ester 7:3)*
P156	Phosphorothioic acid, 0,0-diethyl 0-(p-methyl sulfinyl)phenyl) ester*
P044	Phosphorodithioic acid, 0,0-dimethyl S-[2-methylamino)-2-oxoethyl] ester
P043	Phosphorofluoridic acid, bis(1-methylethyl) ester
P089	Phosphorothioic acid, 0,0-diethyl 0-(4-nitrophenyl) ester (T*)
P040	Phosphorothioic acid, 0,0-diethyl 0-pyrazinyl ester
P157	Phosphorothioic acid, S-(2-(ethyl-sulfinyl)ethyl)0,0-dimethyl ester*
P097	Phosphorothioic acid, 0-[4-[(dimethylamino)sulfonyl]phenyl] 0,0-dimethyl ester
P071	Phosphorothioic acid, 0,0,-dimethyl 0-(4-nitrophenyl) ester
P204	Physostigmine
P188	Physostigmine salicylate
P110	Plumbane, tetraethyl-
P098	Potassium cyanide
P098	Potassium cyanide K(CN)
P099	Potassium silver cyanide
P201	Promecarb
P070	Propanal, 2-methyl-2-(methylthio)-,0-[(methylamino)carbonyl]oxime
P203	Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime
P101	Propanenitrile
P027	Propanenitrile, 3-chloro-
P069	Propanenitrile, 2-hydroxy-2-methyl-
P081	1,2,3-Propanetriol, trinitrate (R) (T*)
P017	2-Propanone, 1-bromo-(T*)
P102	Propargyl alcohol
P003	2-Propenal
P005	2-Propen-1-0l
P067	1,2-Propylenimine
P102	2-Propyn-1-0l
P008	4-Pyridinamine
P075	Pyridine, 3-(1-methyl-2-pyrrolidinyl)-,(S)-, & salts (T*)
P204	Pyrrolo[2,3 b]indol 5 ol, 1,2,3,3a,8,8a hexahydro 1,3a,8 trimethyl, methylcarbamate (ester), (3aS cis)
P114	Selenious acid, dithallium(1+) salt
P103	Selenourea
P104	Silver cyanide
P104	Silver cyanide Ag(Cn)
P105	Sodium azide
P106	Sodium cyanide
P106	Sodium cyanide Na(CN)
P108	Strychnidin-10-one, & salts (T*)
P018	Strychnidin-10-one, 2,3-dimethoxy-
P108	Strychnine, & salts (T*)
P158	Sulfide, bis (2-chloro-ethyl)-*
P115	Sulfuric acid, dithallium (1+) salt
P149	Terbufos*
P109	Tetraethyldithiopyrophosphate
P110	Tetraethyl lead
P111	Tetraethyl pyrophosphate
P112	Tetranitromethane (R)
P062	Tetraphosphoric acid, hexaethyl ester
P113	Thallic oxide
P113	Thallium oxide Tl203
P114	Thallium(l) selenite
P115	Thallium(l) sulfate
P109	Thiodiphosphoric acid, tetraethyl ester
P045	Thiofanox
P049	Thioimidodicarbonic diamide [(H2N)C(S)]2NH
P014	Thiophenol
P116	Thiosemicarbazide
P026	Thiourea, (2-chlorophenyl)-
P072	Thiourea, 1-naphthalenyl-
P093	Thiourea, phenyl-
P185	Tirpate
P123	Toxaphene
P139	Trichlorfon
P118	Trichloromethanethiol
P119	Vanadic acid, ammonium salt
P120	Vanadium oxide V205
P120	Vanadium pentoxide
P084	Vinylamine, N-methyl-N-nitroso-
P001	Warfarin, & salts, when present at concentrations greater than 0.3%
P205	Zinc, bis(dimethylcarbamodithioato S,S'),
P121	Zinc cyanide
P121	Zinc cyanide Zn(CN)2
P122	Zinc phosphide Zn3P2, when present at concentrations greater than 10% (R,T)
P205	Ziram

*49 FR 49792, December 21, 1984, Proposed Rule.

(f) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T) unless otherwise designated and are subject to the small quantity exclusion defined in Section 3(A)(5)(a) and 3(A)(5)(b).

NOTE: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.

These wastes and their corresponding EPA Hazardous Waste Numbers are:

Hazardous Waste Number	Substance
U394	A2213
U001	Acetaldehyde (I)
U034	Acetaldehyde, trichloro-
U187	Acetamide, N-(4-ethoxyphenyl)-
U005	Acetamide, N-9H-fluoren-2-yl-
U240	Acetic acid, (2,4-dichlorophenoxy)-,salts & esters
U112	Acetic acid ethyl ester (I)
U144	Acetic acid, lead(2+)salt
U214	Acetic acid, thallium (1+) salt
see F027	Acetic acid, (2,4,5-trichlorophenoxyl)-
U002	Acetone (I)
U003	Acetonitrile (I,T)
U004	Acetophenone
U005	2-Acetylaminofluorene
U006	Acetyl chloride (C,R,T)
U007	Acrylamide
U008	Acrylic acid (I)
U009	Acrylonitrile
U011	Amitrole
U012	Aniline (I,T)
U136	Arsinic acid, dimethyl-
U014	Auramine
U015	Azaserine
U010	Azirino[2',3':3,4]pyrrolo[1,2-a] indole-4,7-dione, 6-amino-8-[[(aminocarbonyl) oxy]methyl]-l,la,2,8,8a,8b- hexahydro-8a-methoxy-5-methyl-,[1aS-(1aalpha, 8beta,8aalpha,8balpha)]-
U280	Barban
U278	Bendiocarb
U364	Bendiocarb phenol
U271	Benomyl
U157	Benz[j]aceanthrylene, l,2-dihydro-3-methyl-
U016	Benz[c]acridine
U017	Benzal chloride
U192	Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2- propynyl)-
U018	Benz[a]anthracene
U094	Benz[a]anthracene, 7,12-dimethyl-
U012	Benzenamine (I,T)
U014	Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl
U049	Benzenamine, 4-chloro-2-methyl-, hydrochloride
U093	Benzenamine, N,N-dimethyl-4-(phenylazo)-
U328	Benzenamine, 2-methyl-
U353	Benzenamine, 4-methyl-
U158	Benzenamine, 4,4'-methylenebis[2-chloro-
U222	Benzenamine, 2-methyl-,hydrochloride
U181	Benzenamine, 2-methyl-5-nitro-
U019	Benzene (I,T)
U038	Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester
U030	Benzene, 1-bromo-4-phenoxy-
U035	Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-
U037	Benzene, chloro-
U221	Benzenediamine, ar-methyl-
U028	1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester
U069	1,2-Benzenedicarboxylic acid, dibutyl ester
U088	1,2-Benzenedicarboxylic acid, diethyl ester
U102	1,2-Benzenedicarboxylic acid, dimethyl ester
U107	1,2-Benzenedicarboxylic acid, dioctyl ester
U070	Benzene, 1,2-dichloro-
U071	Benzene, 1,3-dichloro-
U072	Benzene, 1,4-dichloro-
U060	Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro
U017	Benzene, (dichloromethyl)-
U223	Benzene, 1,3,-diisocyanatomethyl-(R,T)
U239	Benzene, dimethyl-(I,T)
U201	1,3-Benzenediol
U127	Benzene, hexachloro-
U056	Benzene, hexahydro-(I)
U220	Benzene, methyl-
U105	Benzene, 1-methyl-2,4-dinitro-
U106	Benzene, 2-methyl-1,3-dinitro-
U055	Benzene, (l-methylethyl)-(I)
U169	Benzene, nitro-
U183	Benzene, pentachloro-
U185	Benzene, pentachloronitro-
U020	Benzenesulfonic acid chloride (C,R)
U020	Benzenesulfonyl chloride (C,R)
U207	Benzene, l,2,4,5-tetrachloro-
U061	Benzene,1,1'-(2,2,2- trichloroethylidene)bis[4-chloro
U247	Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-
U023	Benzene, (trichloromethyl)-
U234	Benzene, l,3,5-trinitro-
U021	Benzidine
U278	1,3 Benzodioxol 4 ol, 2,2 dimethyl, methyl carbamate
U364	1,3 Benzodioxol 4 ol, 2,2 dimethyl,
U203	1,3-Benzodioxole, 5-(2-propenyl)-
U141	1,3-Benzodioxole, 5-(1-propenyl)-
U090	1,3-Benzodioxole, 5-(1-propyl-
U367	7 Benzofuranol, 2,3 dihydro 2,2 dimethyl
U084	Benzo[rst]pentaphene
U248	2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1- phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less
U022	Benzo(a)pyrene
U197	p-Benzoquinone
U023	Benzotrichloride (C,R,T)
U085	2,2'-Bioxirane
U021	(l,l'-Biphenyl)-4,4'-diamine
U073	(l,l'-Biphenyl)-4,4'-diamine, 3,3'-dichloro-
U091	(l,l'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy-
U095	(l,l'-Biphenyl)-4,4'- diamine, 3,3'-dimethyl-
U354	Bromacil*
U354	5-Bromo-3-sec-butyl-6-methyluracil*
U225	Bromoform
U030	4-Bromophenyl phenyl ether
U128	l,3-Butadiene, 1,1,2,3,4, 4-hexachloro-
U172	l-Butanamine, N-butyl-N-nitroso-
U031	1-Butanol (I)
U150	2-Butanone (I,T)
U160	2-Butanone, peroxide (R,T)
U053	2-Butenal
U074	2-Butene, l,4-dichloro- (I,T)
U143	2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy][methyl]-2,3,5 ,7a-tetrahydro-1H-pyrrolizin-1-yl ester,[1S-[1 alpha(Z),7(2S*,3R*),7aalpha]]-
U031	n-Butyl alcohol (I)
U136	Cacodylic acid
U032	Calcium chromate
U372	Carbamic acid, 1H-benzimidazol-2-yl, methyl ester
U271	Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester
U280	Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester
U238	Carbamic acid, ethyl ester
U178	Carbamic acid, methylnitroso-, ethyl ester
U373	Carbamic acid, phenyl-, 1-methylethyl ester
U409	Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester
U097	Carbamic chloride, dimethyl-
U389	Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3 trichloro-2-propenyl) ester
U387	Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester
U114	Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters
U062	Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester
U279	Carbaryl
U372	Carbendazim
U367	Carbofuran phenol
U215	Carbonic acid, dithallium (1+) salt
U033	Carbonic difluoride
U156	Carbonochloridic acid, methyl ester (I,T)
U033	Carbon oxyfluoride (R,T)
U211	Carbon tetrachloride
U034	Chloral
U035	Chlorambucil
U036	Chlordane, alpha & gamma isomers
U026	Chlornaphazin
U037	Chlorobenzene
U038	Chlorobenzilate
U039	p-Chloro-m-cresol
U042	2-Chloroethyl vinyl ether
U044	Chloroform
U046	Chloromethyl methyl ether
U047	beta-Chloronaphthalene
U048	o-Chlorophenol
U049	4-Chloro-o-toluidine, hydrochloride
U032	Chromic acid H2CrO4, calcium salt
U050	Chrysene
U051	Creosote
U052	Cresol(Cresylic acid)
U053	Crotonaldehyde
U055	Cumene (I)
U246	Cyanogen bromide (CN)Br
U197	2,5-Cyclohexadiene-1,4-dione
U056	Cyclohexane (I)
U129	Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1alpha,2alpha,3beta,4alpha,5alpha,6beta)-
U057	Cyclohexanone (I)
U130	1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
U058	Cyclophosphamide
U240	2,4-D, salts & esters
U059	Daunomycin
U060	DDD
U061	DDT
U062	Diallate
U063	Dibenz[a,h]anthracene
U064	Dibenzo[a,i]pyrene
U066	1,2-Dibromo-3-chloropropane
U069	Dibutyl phthalate
U070	o-Dichlorobenzene
U071	m-Dichlorobenzene
U072	p-Dichlorobenzene
U073	3,3'-Dichlorobenzidine
U074	l,4-Dichloro-2-butene (I,T)
U075	Dichlorodifluoromethane
U078	l,l-Dichloroethylene
U079	l,2-Dichloroethylene
U025	Dichloroethyl ether
U027	Dichloroisopropyl ether
U024	Dichloromethoxy ethane
U081	2,4-Dichlorophenol
U082	2,6-Dichlorophenol
U355	N'(3,4-dichlorophenyl)-N-methoxy-N-methylurea*
U084	1,3-Dichloropropene
U085	1,2:3,4-Diepoxybutane (I,T)
U108	1,4-Diethyleneoxide (alternative name for 1,4-Diethylene dioxide)
U028	Diethylhexyl phthalate
U395	Diethylene glycol, dicarbamate
U086	N,N-Diethylhydrazine
U087	O,O-Diethyl-S-methyl-dithiophosphate
U088	Diethyl phthalate
U089	Diethylstilbesterol
U090	Dihydrosafrole
U091	3,3'-Dimethoxybenzidine
U092	Dimethylamine (I)
U093	p-Dimethylaminoazobenzene
U094	7,12-Dimethylbenz[a]anthracene
U095	3,3'-Dimethylbenzidine
U096	alpha,alpha-Dimethylbenzylhydroperoxide (R)
U097	Dimethylcarbamoyl chloride
U098	1,1-Dimethylhydrazine
U099	1,2-Dimethylhydrazine
U101	2,4-Dimethylphenol
U102	Dimethyl phthalate
U103	Dimethyl sulfate
U105	2,4-Dinitrotoluene
U106	2,6-Dinitrotoluene
U107	Di-n-octyl phthalate
U108	1,4-Dioxane
U109	1,2-Diphenylhydrazine
U110	Dipropylamine (I)
U111	Di-N-propylnitrosamine
U041	Epichlorohydrin
U001	Ethanal (I)
U404	Ethanamine, N,N-diethyl-
U174	Ethanamine, N-ethyl-N-nitroso-
U155	1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienyl methyl)
U067	Ethane, 1,2-dibromo-
U076	Ethane, 1,1-dichloro-
U077	Ethane, 1,2-dichloro-
U131	Ethane, hexachloro-
U024	Ethane, 1,1'-[methylenebis(oxy)]bis [2-chloro-
U117	Ethane, 1,1'-oxybis-(I)
U025	Ethane, 1,1'-oxybis[2-chloro-]
U184	Ethane, pentachloro-
U208	Ethane, 1,1,1,2-tetrachloro-
U209	Ethane, 1,1,2,2-tetrachloro-
U218	Ethanethioamide
U226	Ethane, 1,1,1-trichloro-
U227	Ethane, 1,1,2-trichloro-
U410	Ethanimidothioic acid, N,N'- [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester
U394	Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester.
U359	Ethanol, 2-ethoxy-
U173	Ethanol, 2,2'-(nitrosoimino)bis-
U395	Ethanol, 2,2' oxybis-, dicarbamate
U004	Ethanone, 1-phenyl-
U043	Ethene, chloro-
U042	Ethene, 2-chloroethoxy-
U078	Ethene, 1,1-dichloro-
U079	Ethene, 1,2-dichloro-, (E)-
U210	Ethene, tetrachloro-
U228	Ethene, trichloro-
U112	Ethyl acetate (I)
U113	Ethyl acrylate (I)
U238	Ethyl carbamate (urethane)
U117	Ethyl ether (I)
U114	Ethylenebisdithiocarbamic acid, salts & esters
U067	Ethylene dibromide
U077	Ethylene dichloride
U359	Ethylene glycol monoethyl ether
U115	Ethylene oxide (I,T)
U116	Ethylenethiourea
U076	Ethylidene dichloride
U118	Ethyl methacrylate
U119	Ethyl methanesulfonate
U139	Ferric dextran
U120	Fluoranthene
U122	Formaldehyde
U123	Formic acid (C,T)
U124	Furan (I)
U125	2-Furancarboxaldehyde (I)
U147	2,5-Furandione
U213	Furan, tetrahydro-(I)
U125	Furfural (I)
U124	Furfuran (I)
U206	Glucopyranose, 2-deoxy-2- (3-methyl-3-nitrosoureido)-, D-
U206	D-Glucose, 2-deoxy-2-[[methylnitrosoamino)-carbonyl]amino]-
U126	Glycidylaldehyde
U163	Guanidine, N-methyl-N'-nitro-N-nitroso-
U127	Hexachlorobenzene
U128	Hexachlorobutadiene
U130	Hexachlorocyclopentadiene
U131	Hexachloroethane
U132	Hexachlorophene
U243	Hexachloropropene
U133	Hydrazine (R,T)
U086	Hydrazine, 1,2-diethyl-
U098	Hydrazine, 1,1-dimethyl-
U099	Hydrazine, 1,2-dimethyl-
U109	Hydrazine, 1,2-diphenyl-
U134	Hydrofluoric acid (C,T)
U134	Hydrogen fluoride (C,T)
U135	Hydrogen sulfide
U135	Hydrogen sulfide H2S
U096	Hydroperoxide, 1-methyl- 1-phenylethyl- (R)
U136	Hydroxydimethylarsine oxide
U116	2-Imidazolidinethione
U137	Ideno[1,2,3-cd]pyrene
U139	Iron dextran
U190	1,3-Isobenzofurandione
U140	Isobutyl alcohol (I,T)
U141	Isosafrole
U142	Kepone
U143	Lasiocarpine
U144	Lead acetate
U146	Lead,bis(acetato-O)tetrahydroxy-tri-
U145	Lead phosphate
U146	Lead subacetate
U129	Lindane
U355	Linuron*
U163	MNNG
U147	Maleic anhydride
U148	Maleic hydrazide
U149	Malononitrile
U150	Melphalan
U151	Mercury
U152	Methacrylonitrile (I,T)
U092	Methanamine, N-methyl- (I)
U029	Methane, bromo-
U045	Methane, chloro- (I, T)
U046	Methane, chloromethoxy-
U068	Methane, dibromo-
U080	Methane, dichloro-
U075	Methane, dichlorodifluoro-
U138	Methane, iodo-
U119	Methanesulfonic acid, ethyl ester
U211	Methane, tetrachloro-
U153	Methanethiol (I,T)
U225	Methane, tribromo-
U044	Methane, trichloro-
U121	Methane, trichlorofluoro-
U036	4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octach-loro-2,3,3a,4,7,7a-hexahydro-
U154	Methanol (I)
U155	Methapyrilene
U142	1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one,1a,3,3a,4,5,5,5a,5b,6-decachloro-octahydro-
U247	Methoxychlor
U154	Methyl alcohol (I)
U029	Methyl bromide
U186	1-Methylbutadiene (I)
U045	Methyl chloride (I,T)
U156	Methyl chlorocarbonate (I,T)
U226	Methyl chloroform
U157	3-Methylcholanthrene
U158	4,4'-Methylenebis(2-chloroaniline)
U068	Methylene bromide
U080	Methylene chloride
U159	Methyl ethyl ketone (MEK)(I,T)
U160	Methyl ethyl ketone peroxide (R T)
U138	Methyl iodide
U161	Methyl isobutyl ketone (I)
U162	Methyl methacrylate (I,T)
U161	4-Methyl-2-pentanone (I)
U164	Methylthiouracil
U010	Mitomycin C
U059	5,12-Naphthacenedione, 8-acetyl-10-[(3- amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro -6,8,11-tri- hydroxy-1-methoxy-, (8S-cis)-
U167	1-Naphthylamine
U168	2-Naphthylamine
U026	Naphthylamine, N,N'-bis(2-chloroethyl)-
U165	Naphthalene
U047	Naphthalene, 2-chloro-
U166	l,4-Naphthalenedione
U236	2,7-Naphthalenedisulfonic acid, 3,3'-[3,3'-dimethyl [1,1'-biphenyl]-4,4'-diyl)] bis(azo)bis[5-amino-4- hydroxy]-,tetrasodium salt
U279	1-Naphthalenol, methylcarbamate
U166	1,4-Naphthoquinone
U167	alpha-Naphthylamine
U168	beta-Naphthylamine
U217	Nitric acid, thallium(1+) salt
U169	Nitrobenzene (I,T)
U170	p-Nitrophenol
U171	2-Nitropropane (I,T)
U172	N-Nitrosodi-n-butylamine
U173	N-Nitrosodiethanolamine
U174	N-Nitrosodiethylamine
U176	N-Nitroso-N-ethylurea
U177	N-Nitroso-N-methylurea
U178	N-Nitroso-N-methylurethane
U179	N-Nitrosopiperidine
U180	N-Nitrosopyrrolidine
U181	5-Nitro-o-toluidine
U193	1,2-Oxathiolane, 2,2-dioxide
U058	2H,-l,3,2-Oxazaphosphorin- 2-amine, N,N-bis(2-chloroethyl)tetrahydro-,2-oxide
U115	Oxirane (I,T)
U126	Oxiranecarboxyaldehyde
U041	Oxirane, (chloromethyl)-
U182	Paraldehyde
U183	Pentachlorobenzene
U184	Pentachloroethane
U185	Pentachloronitrobenzene(PCNB)
SeeF027	Pentachlorophenol
U161	Pentanol,4-methyl-
U186	1,3-Pentadiene (I)
U187	Phenacetin
U188	Phenol
U048	Phenol, 2-chloro-
U039	Phenol, 4-chloro-3-methyl-
U081	Phenol, 2,4-dichloro-
U082	Phenol, 2,6-dichloro-
U089	Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-,(E)-
U101	Phenol, 2,4-dimethyl-
U052	Phenol, methyl-
U132	Phenol, 2,2'-methylenebis[3,4,6-trichloro
U411	Phenol, 2-(1-methylethoxy)-, methylcarbamate
U170	Phenol, 4-nitro-
See F027	Phenol, pentachloro-
See F027	Phenol, 2,3,4,6-tetrachloro-
See F027	Phenol, 2,4,5-trichloro-
See F027	Phenol, 2,4,6-trichloro-
U150	L-Phenylalanine, 4-bis(2-chloroethyl)amino]-
U145	Phosphoric acid, lead (2+) salt(2:3)
U087	Phosphorodithioic acid, 0,0-diethyl S-methyl ester
U189	Phosphorous sulfide (R)
U190	Phthalic anhydride
U191	2-Picoline
U179	Piperidine, 1-nitroso-
U192	Pronamide
U194	1-Propanamine (I,T)
U111	1-Propanamine, N-nitroso-N-propyl-
U110	1-Propanamine, N-propyl- (I)
U066	Propane, l,2-dibromo-3-chloro-
U083	Propane, 1,2-dichloro-
U149	Propanedinitrile
U171	Propane, 2-nitro- (I,T)
U027	Propane, 2,2'oxybis[2-chloro-
U193	l,3-Propane sultone
See F027	Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
U235	l-Propanol, 2,3-dibromo-, phosphate (3:l)
U140	1-Propanol, 2-methyl- (I,T)
U002	2-Propanone (I)
U007	2-Propenamide
U084	1-Propene, 1,3-dichloro-
U243	1-Propene, 1,1,2,3,3,3-hexachloro-
U009	2-Propenenitrile
U152	2-Propenenitrile, 2-methyl- (I,T)
U008	2-Propenoic acid (I)
U113	2-Propenoic acid, ethyl ester (I)
U118	2-Propenoic acid, 2-methyl-, ethyl ester
U162	2-Propenoic acid, 2-methyl-,methyl ester (I,T)
U373	Propham
U411	Propoxur
U387	Prosulfocarb
U194	n-Propylamine (I,T)
U083	Propylene dichloride
U148	3,6-Pyridazinedione, 1,2-dihydro-
U196	Pyridine
U191	Pyridine, 2-methyl-
U237	2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloro-ethyl)amino]-
U164	4(lH)-Pyrimidinone, 2,3-di hydro-6-methyl-2-thioxo-
U180	Pyrrolidine, 1-nitroso-
U200	Reserpine
U201	Resorcinol
U203	Safrole
U204	Selenious acid
U204	Selenium dioxide
U205	Selenium sulfide
U205	Selenium sulfide SeS2 (R,T)
U015	L-Serine, diazoacetate (ester)
See F027	Silvex (2,4,5-TP)
U206	Streptozotocin
U103	Sulfuric acid, dimethyl ester
U189	Sulfur phosphide (R)
See F027	2,4,5-T
U207	l,2,4,5-Tetrachlorobenzene
U208	l,l,l,2-Tetrachloroethane
U209	1,1,2,2-Tetrachloroethane
U210	Tetrachloroethylene
See F027	2,3,4,6-Tetrachlorophenol
U213	Tetrahydrofuran (I)
U214	Thallium acetate
U215	Thallium carbonate
U216	Thallium chloride
U216	Thallium chloride TlCl
U217	Thallium nitrate
U218	Thioacetamide
U410	Thiodicarb
U153	Thiomethanol (I,T)
U244	Thioperoxydicarbonic diamide [(H2N)C(S)]2S2,tetramethyl-
U409	Thiophanate-methyl
U219	Thiourea
U244	Thiram
U220	Toluene
U221	Toluenediamine
U223	Toluene diisocyanate (R,T)
U328	o-Toluidine
U353	p-Toluidine
U222	o-Toluidine hydrochloride
U389	Triallate
U011	1H-l,2,4-Triazol-3-amine
U227	l,l,2-Trichloroethane
U228	Trichloroethylene
U121	Trichloromonofluoromethane
See F027	2,4,5- Trichlorophenol
SeeF027	2,4,6- Trichlorophenol
U404	Triethylamine
U234	1,3,5-Trinitrobenzene (R,T)
U182	l,3,5-Trioxane, 2,4,6-Trimethyl-
U235	Tris(2,3-dibromopropyl) phosphate
U236	Trypan blue
U237	Uracil mustard
U176	Urea, N-ethyl-N-nitroso-
U177	Urea, N-methyl-N-nitroso-
U043	Vinyl chloride
U248	Warfarin, & salts, when present at concentrations of 0.3% or less
U239	Xylene (I)
U200	Yohimban-16-carboxylic acid, 11,17-dimethoxy-18[(3,4,5-trimethoxybenzoyl)oxy]- methyl ester(3beta,16beta,17alpha,18beta,20alpha)-
U249	Zinc phosphide Zn3P2, when present at concentrations of 10% or less

* 50 FR 18626, May 1, 1985 Proposed Rule

NOTE: all amendments to reference F027: 50 FR 2000, Jan. 14, 1985, Final Rule.

D.Criteria for designation of hazardous waste as universal waste.

In determining whether a waste may be designated a universal waste, the Maine Board of Environmental Protection will determine that:

(1) the waste or category of the waste meets the definition of a hazardous waste;

(2) the waste or category of the waste is a manufactured product that is not easily contaminated with other substances:

(3) the waste or a category of the waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, small businesses, government organizations, as well as large industrial facilities);

(4) the waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator;

(5) systems to be used for collecting the waste or category of waste including packaging, marking, labeling, storage, and tracking would ensure close stewardship of the waste;

(6) the risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards developed for the waste type would be protective of human health and the environment during accumulation and transport;

(7) regulation of the waste or category of waste under the designation of universal waste will increase the likelihood that the waste will be diverted from non-hazardous waste management systems to recycling, or where appropriate treatment or disposal, in compliance with the full hazardous waste regulations;

(8) regulation of the waste or category of waste under the designation of universal waste will improve implementation of and compliance with the hazardous waste regulatory program; and

(9) such other factors as may be appropriate.

¹ASTM Standards are available from ASTM, 1916 Race Street, Philadelphia, PA 19103.

²This document is available from the U.S. Government Printing Office as specified in Appendix III.

³Society of Automotive Engineers SAE 1020 is plain carbon steel with a carbon content of 0.20%.

⁴ Hazardous waste number.

⁵Chemical abstracts service number.

⁶Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.

⁷If o-,m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l.

06-096 C.M.R. ch. 850, § 3