Ala. Admin. Code r. 335-14-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-14-2-.01 - General

(1) Purpose and scope.

(a)335-14-2 identifies those solid wastes which are subject to regulation as hazardous wastes under 335-14-3 through 335-14-6, 335-14-8, and 335-14-9 and which are subject to the notification requirements of Section 3010 of RCRA. In 335-14-2:

1.335-14-2-.01 defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under 335-14-3 through 335-14-9, and establishes special management requirements for hazardous waste produced by very small quantity generators and hazardous waste which is recycled.

2.335-14-2-.02 sets forth the criteria used by the Department to identify characteristics of hazardous waste and to list particular hazardous wastes.

3.335-14-2-.03 identifies characteristics of hazardous waste.

4.335-14-2-.04 lists particular hazardous wastes.

(b)

1. The definition of solid waste contained in 335-14-2 applies only to wastes that also are hazardous for purposes of the AHWMMA. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled.

2.335-14-2 identifies only some of the materials which are solid wastes and hazardous wastes under AHWMMA. A material which is not defined as a solid waste in 335-14-2, or is not a hazardous waste identified or listed in 335-14-2, is still a solid waste and a hazardous waste for purposes of the applicable sections of the AHWMMA if the material may be a solid waste within the meaning of Code of Ala. 1975, § 22-30-3(11), and a hazardous waste within the meaning of Code of Ala. 1975, § 22-30-3(5).

(c) [Reserved]

(2)Definition of solid waste.

(a)

1. A solid waste is any discarded material that is not excluded by 335-14-2-.01(4)(a) or that is not excluded by variance granted under 335-14-1-.03(10) or (11).

2. A "discarded material" is any material which is:

(i) "Abandoned", as explained in 335-14-2-.01(2)(b); or

(ii) "Recycled", as explained in 335-14-2-.01(2)(c); or

(iii) Considered "inherently waste-like", as explained in 335-14-2-.01(2)(d); or

(iv) A "military munition" identified as a solid waste in 335-14-7-.13(3).

(b) Materials are solid wastes if they are "abandoned" by being:

1. Disposed of; or

2. Burned or incinerated; or

3. Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated; or

4. Sham recycled, as explained in 335-14-2-.01(2)(g).

(c) Materials are solid wastes if they are "recycled", or accumulated, stored, or treated before recycling, as specified in 335-14-2-.01(2)(c)1. through 4.:

1. "Used in a manner constituting disposal".

(i) Materials noted with a "*" in column 1 of Table 1 are solid wastes when they are:

(I) Applied to or placed on the land in a manner that constitutes disposal; or

(II) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).

(ii) However, commercial chemical products listed in 335-14-2-.04(4) are not solid wastes if they are applied to the land and that is their ordinary manner of use;

2. "Burning for energy recovery".

(i) Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:

(I) Burned to recover energy;

(II) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste);

(III) Contained in fuels (in which case the fuel itself remains a solid waste);

(ii) However, commercial chemical products listed in 335-14-2-.04(4) are not solid wastes if they are themselves fuels;

3. "Reclaimed". Materials noted with a "-" in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with a "*" in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements of 335-14-2-.01(4)(a)17., 335-14-2-.01(4)(a)23., 335-14-2-.01(4)(a)24., or 335-14-2-.01(4)(a)27.

4. "Accumulated speculatively". Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.

Table 1

	Use constituting disposal 335-14-2-.01(2)(c)1.	Energy/ recovery fuel 335-14-2-.01(2)(c)2.	Reclamation 335-14-2-.01(2)(c)3., (except as provided in 335-14-2-.01(4)(a)17., 335-14-2-.01(4)(a)23., 335-14-2-.01(4)(a)24., or 335-14-2-.01(4)(a)27.	Speculative accumulation 335-14-2-.01(2)(c)4.
	1	2	3	4
Spent Materials	(*)	(*)	(*)	(*)
Sludges (listed in 335-14-2-.04(2) or (3))	(*)	(*)	(*)	(*)
Sludges exhibiting a characteristic of hazardous waste	(*)	(*)	- - - -	(*)
By-products (listed in 335-14-2-.04(2) or (3))	(*)	(*)	(*)	(*)
By-products exhibiting a characteristic of hazardous waste	(*)	(*)	- - - -	(*)
Commercial chemical products listed in 335-14-2-.04(4)	(*)	(*)	- - - -	- - - -
Scrap metal that is not excluded under 335-14-2-.01(4)(a)13.	(*)	(*)	(*)	(*)

Note: The terms "spent materials", "sludges", "by-products", "scrap metal", and "processed scrap metal" are defined in 335-14-1-.02.

(d) "Inherently waste-like materials". The following materials are solid wastes when they are recycled in any manner:

1. Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.

2. Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in 335-14-2-.03 and 335-14-2-.04 except for brominated material that meets the following criteria:

(i) The material must contain a bromine concentration of at least 45%; and

(ii) The material must contain less than a total of 1% of toxic organic compounds listed in 335-14-2 -Appendix VIII; and

(iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).

3. The Department will use the following criteria to add wastes to that list:

(i)

(I) The materials are ordinarily disposed of, burned, or incinerated; or

(II) The materials contain toxic constituents listed in 335-14-2-Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and

(ii) The material may pose a substantial hazard to human health and the environment when recycled.

(e) "Materials which are not solid wastes when recycled".

1. Materials are not solid wastes when they can be shown to be recycled by being:

(i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or

(ii) Used or reused as effective substitutes for commercial products.

(iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feed stock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at 335-14-2-.01(4)(a)17. apply rather than this provision.

2. The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in 335-14-2-.01(2)(e)1.(i) to (e)1.(iii)):

(i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or

(ii) Materials burned for energy recovery, used to produce a fuel or contained in fuels; or

(iii) Materials accumulated speculatively; or

(iv) Materials listed in 335-14-2-.01(2)(d)1. and 2.

(f) "Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation". Respondents in actions to enforce rules and regulations implementing the AHWMMA who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.

(g) "Sham recycling". A harazadous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in 335-14-1-.03(23).

(3)Definition of hazardous waste.

(a) A solid waste, as defined in 335-14-2-.01(2), is a hazardous waste if:

1. It is not excluded from regulation as a hazardous waste under 335-14-2-.01(4)(b); and

2. It meets any of the following criteria:

(i) It exhibits any of the characteristics of hazardous waste identified in 335-14-2-.03. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under 335-14-2-.01(4)(b)7. and any other solid waste exhibiting a characteristic of hazardous waste under 335-14-2-.03 is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in Table I of 335-14-2-.03(5) that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.

(ii) It is listed in 335-14-2-.04 and has not been excluded from the lists in 335-14-2-.04 under 335-14-1-.03(2);

(iii) Reserved.

(iv) It is a mixture of solid waste and one or more hazardous wastes listed in 335-14-2-.04 and has not been excluded from 335-14-2-.01(3)(a)2. under 40 CFR 260.20 and 335-14-1-.03(2), 335-14-2-.01(3)(g), or 335-14-2-.01(3)(h); however, the following mixtures of solid wastes and hazardous wastes listed in 335-14-2-.04 are not hazardous wastes (except by application of 335-14-2-.01(3)(a)2.(i) or (a)2.(ii)) if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act (including wastewater at generators which have eliminated the discharge of wastewater), and:

(I) One or more of the following spent solvents listed in 335-14-2-.04(2) - benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the combustion of these spent solvents - provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed one part per million or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption must use an aerated biological wastewater treatment system and must use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the State Director ("Director" as defined in 335-14-1-.02). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(II) One or more of the following spent solvents listed in 335-14-2-.04(2) -methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents - provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the State Director, ("Director" as defined in 335-14-1-.02). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(III) One of the following wastes listed in 335-14-2-.04(3), provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation -heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste Number K050), crude oil storage tank sediment from petroleum refining operations (EPA Hazardous Waste Number K169), clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations (EPA Hazardous Waste Number K170), spent hydrotreating catalyst (EPA Hazardous Waste Number K171), and spent hydrorefining catalyst (EPA Hazardous Waste Number K172); or

(IV) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in 335-14-2-.04(2) through (4), arising from de minimis losses of these materials. For purposes of 335-14-2-.04, "deminimis" losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges, discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in 335-14-2-.04(2) through (3), or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in 335-14-2-.04 must either have eliminated the discharge of wastewaters or have included in its Clean Water Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed (335-14-2-Appendix VII); and the constituents in the table "Treatment Standards for Hazardous Wastes" in 335-14-9-.04(1) for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the Clean Water Act permit application or the pretreatment control authority submission. A copy of the Clean Water permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files; or

(V) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in 335-14-2-.04, provided that the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system, or provided the wastes combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or

(VI) One or more of the following wastes listed in 335-14-2-.04(3) - wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157) - provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the State Director ("Director" as defined in 335-14-1-.02). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(VII) Wastewaters derived from the treatment of one of more of the following wastes listed in 335-14-2-.04(3) - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156) - provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the State Director ("Director" as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected.

(v) Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 335-14-2-.04. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in 335-14-2-Appendix VIII.)

(I) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/ fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.

(II) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

(b) A solid waste which is not excluded from regulation under 335-14-2-.01(3)(a)1. becomes a hazardous waste when any of the following events occur:

1. In the case of a waste listed in 335-14-2-.04, when the waste first meets the listing description set forth in 335-14-2-.04;

2. In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in 335-14-2-.04 is first added to the solid waste;

3. In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in 335-14-2-.03.

(c) Unless or until it meets the criteria of 335-14-2-.01(3) (d):

1. A hazardous waste will remain a hazardous waste;

2.

(i) Except as otherwise provided in 335-14-2-.01(2)(c)2.(ii), 335-14-2-.01(3)(g), or 335-14-2-.01(3)(h), any solid waste generated from the treatment, storage, or disposal 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 (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.);

(ii) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:

(I) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC codes 331 and 332).

(II) Waste from burning any of the materials exempted from regulation by 335-14-2-.01(6)(a)3.(iii) through (iv).

(III)

I. Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces [as defined in 335-14-1-.02(1)], that are disposed in Subtitle D unit(s) (which are in compliance with the applicable requirements of ADEM Administrative Code Division 335-13, Solid Waste Program Rules, and which are authorized to receive such wastes), provided that these residues meet the generic exclusion levels identified in the tables in 335-14-2-.01(3)(c) for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's selfimplementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes.

Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

Constituent	Maximum for any single composite sample--TCLP (mg/l)
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
Antimony	0.10
Arsenic	0.50
Barium	1.7
Beryllium	0.0110
Cadmium	0.050
Chromum (total)	0.33
Lead	0.15
Mercury	0.009
Nickel	1.0
Selenium	0.16
Silver	0.30
Thallium	0.020
Zinc	70
Generic exclusion levels for F006 nonwastewater HTMR residues
Antimony	0.10
Arsenic	0.50
Barium	7.6
Beryllium	0.010
Cadmium	0.050
Chromium (total)	0.33
Generic exclusion levels for F006 nonwastewater HTMR residues
Cyanide (total) (mg/kg)	1.8
Lead	0.15
Mercury	0.009
Nickel	1.0
Selenium	0.16
Silver	0.30
Thallium	0.020
Zinc	70

II. A one-time notification and certification must be placed in the facility's files and sent to EPA Region 4 and the Department for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to Subtitle D unit(s) regulated pursuant to Division 335-13 Rules. The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes and/or if the Subtitle D unit receiving the waste changes. However, the generator or treater need only notify EPA Region 4 and the Department on an annual basis if such changes occur. Such notification and certification should be sent to EPA Region 4 and the Department by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the Subtitle D unit(s) regulated pursuant to Division 335-13 Rules receiving the waste shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(IV) Biological treatment sludge from the treatment of one of the following wastes listed in 335-14-2-.04(3) - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).

(V) Catalyst inert support media separated from one of the following wastes listed in 335-14-2-.04(3) --Spent hydrotreating catalyst (EPA Hazardous Waste Number K171), and spent hydrorefining catalyst (EPA Hazardous Waste Number K172).

(d) Any solid waste described in 335-14-2-.01(3)(c) is not a hazardous waste if it meets the following criteria:

1. In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in 335-14-2-.03. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of 335-14-9, even if they no longer exhibit a characteristic at the point of land disposal.)

2. In the case of a waste which is a listed waste under 335-14-2-.04, contains a waste listed under 335-14-2-.04 or is derived from a waste listed in 335-14-2-.04, it also has been excluded from 335-14-2-.01(3)(c) under 335-14-1-.03(2).

(e) [Reserved]

(f) Notwithstanding 335-14-2-.01(3)(a) through (d) and provided the debris as defined in 335-14-9 does not exhibit a characteristic identified in 335-14-2-.03, the following materials are not subject to regulation under 335-14-1 through 335-14-9:

1. Hazardous debris as defined in 335-14-9 that has been treated using one of the required extraction or destruction technologies specified in 335-14-9-.04(6) [see Table 1, 40 CFR 268.45] ; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or

2. Debris as defined in 335-14-9 that the Department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

(g)

1. A hazardous waste that is listed in 335-14-2-.04 solely because it exhibits one or more characteristics of ignitability as defined under 35-14-2-.03(2), corrosivity as defined under 335-14-2-.03(3), or reactivity as defined under 335-14-2-.03(4) is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in 335-14-2-.03.

2. The exclusion described in 335-14-2-.01(3)(g)1. also pertains to:

(i) Any mixture of a solid waste and a hazardous waste listed in 335-14-2-.04 solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under 335-14-2-.01(3)(a)2.(iv); and

(ii) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in 335-14-2-.04 solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under 335-14-2-.01(3)(c)2.(i).

3. Wastes excluded under 335-14-2-.01(3) are subject to 335-14-9 (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.

4. Any mixture of a solid waste excluded from regulation under 335-14-2-.01(4)(b)7. and a hazardous waste listed in 335-14-2-.04 solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under 335-14-2-.01(3)(a)2.(iv) is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in 335-14-2-.03 for which the hazardous waste listed in 335-14-2-.04 was listed.

(h)

1. Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of 335-14-7-.14 ("eligible radioactive mixed waste").

2. The exemption described in 335-14-2-.01(3)(h)1. also pertains to:

(i) Any mixture of a solid waste and an eligible radioactive mixed waste; and

(ii) Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.

3. Waste exempted under 335-14-2-.01(3) must meet the eligibility criteria and specified conditions in 335-14-7-.14(3) and 335-14-7-.14(4) (for storage and treatment) and in 335-14-7-.14(12) and 335-14-7-.14(13) (for transportation and disposal). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.

(4) Exclusions.

(a) "Materials which are not solid wastes". The following materials are not solid wastes for the purpose of 335-14-2:

1.

(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 for treatment, except as prohibited by 335-14-7-.16(5) and Clean Water Act requirements at 40 CFR 403.5(b);

2. Industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the federal Clean Water Act, as amended. This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment;

3. Irrigation return flows;

4. Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011et seq.;

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

6. Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in 335-14-1-.02;

7. Spent sulfuric acid used to produce virgin sulfuric acid, provided it is not accumulated speculatively as defined in 335-14-1-.02(1);

8. Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:

(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators):

(iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and

(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.

9.

(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and

(ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.

(iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in 335-14-2-.01(4)(a)9.(i) and (a)9.(ii), so long as they meet all of the following conditions:

(I) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;

(II) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or ground water or both;

(III) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;

(IV) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in 335-14-6-.23, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and

(V) Prior to operating pursuant to this exclusion, the facility owner or operator prepares a one-time notification stating that the facility intends to claim the exclusion, giving the date on which the facility intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The facility must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies so long as the facility meets all of the conditions. If the facility goes out of compliance with any condition, it may apply to the Director for reinstatement. Director may reinstate the exclusion upon finding that the facility has returned to compliance with all conditions and that the violations are not likely to recur.

10. 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 specified in 335-14-2-.03(5), when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar or are mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.

11. Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.

12.

(i) Oil-bearing hazardous secondary materials (i.e., sludges, by-products, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911-including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under 335-14-2-.01(4), provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in 335-14-2-.01(4)(a)12.(ii), oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under 335-14-2-.01(4). Residuals generated from processing or recycling materials excluded under 335-14-2-.01(4)(a)12.(i), where such materials as generated would have otherwise met a listing under 335-14-2-.04, are designated as F037 listed wastes when disposed of or intended for disposal.

(ii) Recovered oil that is recycled in the same manner and with the same conditions as described in 335-14-2-.01(4)(a)12.(i). Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in 335-14-2-.04; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in 335-14-1-.02.

13. Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.

14. Shredded circuit boards being recycled provided that they are:

(i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and

(ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.

15. Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.

16. [Reserved].

17. Spent materials (as defined in 335-14-2-.01(1)) (other than hazardous wastes listed in 335-14-2-.04) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that:

(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values;

(ii) The spent material is not accumulated speculatively;

(iii) Except as provided in 335-14-2-.01(4)(a)17.(iv), the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the spent material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined 335-14-1-.02), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials.

(iv) The Department may make a site-specific determination, after public review and comment, that only solid mineral processing spent materials may be placed on pads rather than in tanks, containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The Department must affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads must provide the same degree of containment afforded by the non-RCRA tanks, containers and buildings eligible for exclusion.

(I) The Department must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.

(II) Pads must meet the following minimum standards: be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs.

(III) Before making a determination under 335-14-2-.01(4), the Department must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations.

(v) The owner or operator provides a notice to the Department, identifying the following information: the types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in non land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process.

(vi) For purposes of 335-14-2-.01(4)(a)17., mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by nonmineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.

18. Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided:

(i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in 335-14-2-.03(2) and/or toxicity for benzene (335-14-2-.03(5), hazardous waste number D018); and

(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility'' is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil'' is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.

19. Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in 335-14-1-.02.

20. Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied:

(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in 335-14-1-.02.

(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:

(I) Submit a one-time notice to the Department, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in 335-14-2-.01(4)(a)20.

(II) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:

I. Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and

II. Provide for effective drainage and removal of leaks, spills and accumulated precipitation; and

III. Prevent run-on into the containment system.

(III) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of 335-14-2-.01(4)(a)20.

(IV) Maintain at the generator's or intermediate handler's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information:

I. Name of the transporter and date of the shipment;

II. Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and

III. Type and quantity of excluded secondary material in each shipment.

(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:

(I) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in 335-14-2-.01(4)(a)20(ii)(II).

(II) Submit a one-time notification to the Department that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in 335-14-2-.01(4)(a)20.

(III) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.

(IV) Submit to the Department an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated.

(iv) Nothing in this section preempts, overrides or otherwise negates the provision in 335-14-3-.01(2), which requires any person who generates a solid waste to determine if that waste is a hazardous waste.

(v) Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in 335-14-2-.01(4)(a)20.(ii)(I), and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 335-14-5 or 335-14-6.

21. Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under 335-14-2-.01(4)(a)20., provided that:

(i) The fertilizers meet the following contaminant limits:

(I) For metal contaminants:

Table 1. --Limits on Metal Contaminants

Fertilizer,, Constituent (ppm)	Maximum Allowable Total Concentration in per Unit (1%) of Zinc
Arsenic	0.3
Cadmium	1.4
Chromium	0.6
Lead	2.8
Mercury	0.3

(II) For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ).

(ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce.

(iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of 335-14-2-.01(4)(a)21(ii). Such records must at a minimum include:

(I) The dates and times product samples were taken, and the dates the samples were analyzed;

(II) The names and qualifications of the person(s) taking the samples;

(III) A description of the methods and equipment used to take the samples;

(IV) The name and address of the laboratory facility at which analyses of the samples were performed;

(V) A description of the analytical methods used, including any cleanup and sample preparation methods; and

(VI) All laboratory analytical results used to determine compliance with the contaminant limits specified in 335-14-2-.01(4)(a)21.

22. Used cathode ray tubes (CRTs).

(i) Used, intact CRTs as described in 335-14-1-.02 are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in 335-14-1-.02 by CRT collectors or glass processors.

(ii) Used, intact CRTs as described in 335-14-1-.02 are not solid wastes when exported for recycling provided that they meet the requirements of 335-14-2-.05(2).

(iii) Used, broken CRTs as described in 335-14-1-.02 are not solid wastes provided that they meet the requirements of 335-14-2-.05(1).

(iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of 335-14-2-.05(1)(c).

23. Hazardous secondary material generated and legitimately reclaimed within the United States or its territories and under the control of the generator, provided that the material complies with 335-14-2-.01(4)(a)23.(i) and (ii):

(i)

(I) The hazardous secondary material is generated and reclaimed at the generating facility (for purposes of this definition, generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator); or

(II) The hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person as defined in 335-14-1-.02, and if the generator provides one of the following certifications: "on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material," or "on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material." "Control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person as defined in 335-14-1-.02 shall not be deemed to "control" such facilities. The generating and receiving facilities must both maintain at their facilities for no less than three years records of hazardous secondary materials sent or received under this exclusion. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations); or

(III) The hazardous secondary material is generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies the following: "On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the course of the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process". The tolling contractor must maintain at its facility for no less than three years records of hazardous secondary materials received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer must maintain at its facility for no less than three years records of hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received pursuant to the written contract. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations). "Tolling contractor" means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer. Toll manufacturer means a person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor.

(ii)

(I) The hazardous secondary material is contained as defined in 335-14-1-.02. A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste.

(II) The hazardous secondary material is not speculatively accumulated, as defined in 335-14-1-.02.

(III) Notice is provided as required by 335-14-1-.03(22).

(IV) The material is not otherwise subject to material-specific management conditions under 335-14-2-.01(4)(a) when reclaimed, and it is not a spent lead-acid battery [see 335-14-7-.07(1) and 335-14-11-.01(2)] .

(V) Persons performing the recycling of hazardous secondary materials under this exclusion must maintain documentation of their legitimacy determination on-site. Documentation must be a written description of how the recycling meets all three factors in 335-14-1-.03(23)(a) and how the factor in 335-14-1-.03(23)(b) was considered. Documentation must be maintained for three years after the recycling operation has ceased.

(VI) The emergency preparedness and response requirements found in 335-14-2-.13 are met.

24. Hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation is not a solid waste, provided that:

(i) The material is not speculatively accumulated, as defined in 335-14-1-.02;

(ii) The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in 335-14-1-.02, and is packaged according to applicable Department of Transportation regulations at 49 CFR parts 173, 178, and 179 while in transport;

(iii) The material is not otherwise subject to material-specific management conditions under this paragraph (a) when reclaimed, and it is not a spent lead-acid battery (see 335-14-7-.07(1) and 335-14-11-.01(2)) ;

(iv) The reclamation of the material is legitimate, as specified under 335-14-1-.03(23);

(v) The hazardous secondary material generator satisfies all of the following conditions:

(I) The material must be contained as defined in 335-14-1-.02. A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is discarded and a solid waste.

(II) Prior to arranging for transport of hazardous secondary materials to a reclamation facility (or facilities) where the management of the hazardous secondary materials is not addressed under a RCRA Part B permit or interim status standards, the hazardous secondary material generator must make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary materials is not addressed under a RCRA Part B permit or interim status standards, the hazardous secondary material generator must make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator must perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. Reasonable efforts must be repeated at a minimum of every three years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary materials to each reclaimer and any intermediate facility. In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, and/or provided by a third party. The hazardous secondary material generator must affirmatively answer all of the following questions for each reclamation facility and any intermediate facility:

I. Does the available information indicate that the reclamation process is legitimate pursuant to 335-14-1-.03(23). In answering this question, the hazardous secondary material generator can rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources (e.g., the reclamation facility, audit reports, etc.) about the reclamation process.

II. Does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary materials reclamation activities pursuant to 335-14-1-.03(22) and have they notified the appropriate authorities that the financial assurance condition is satisfied per 335-14-2-.01(4)(a)24.(vi)(VI) ? In answering these questions, the hazardous secondary material generator can rely on the available information documenting the reclamation facility's and any intermediate facility's compliance with the notification requirements per 335-14-1-.03(22), including the requirement in 335-14-1-.03(22)(a)(5) to notify the Department whether the reclaimer or intermediate facility has financial assurance.

III. Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous three years for violations of RCRA or state hazardous waste regulations and has not been classified as a significant non-complier with RCRA Subtitle C or equivalent State regulations? In answering this question, the hazardous secondary material generator can rely on publicly available information from EPA or the state. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous three years for violations of RCRA or state hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C or equivalent state regulations, does the hazardous secondary material generator have credible evidence that the facilities will manage the hazardous secondary materials properly? In answering this question, the hazardous secondary material generator can obtain additional information from EPA, the state, or the facility itself that the facility has addressed the violations, taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary materials.

IV. Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material? In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator's hazardous secondary material.

V. If residuals are generated from the reclamation of the excluded hazardous secondary materials, does the reclamation facility have the permits required (if any) to manage the residuals? If not, does the reclamation facility have a contract with an appropriately permitted facility to dispose of the residuals? If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment? In answering these questions, the hazardous secondary material generator can rely on publicly available information from EPA or the state, or information provided by the facility itself.

(III) The hazardous secondary material generator must maintain for a minimum of three years documentation and certification that reasonable efforts were made for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary materials is not addressed under an AHWMMA B permit or interim status standards prior to transferring hazardous secondary material. Documentation and certification must be made available upon request by a regulatory authority within 72 hours, or within a longer period of time as specified by the regulatory authority. The certification statement must:

I. Include the printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative's signature, and the date signed;

II. Incorporate the following language: "I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary materials to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with 335-14-2-.01(4)(a)24.(v)(II) to ensure that the hazardous secondary materials would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information."

(IV) The hazardous secondary material generator must maintain at the generating facility for no less than three (3) years records of all off-site shipments of hazardous secondary materials. For each shipment, these records must, at a minimum, contain the following information:

I. Name of the transporter and date of the shipment;

II. Name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent;

III. The type and quantity of hazardous secondary material in the shipment.

(V) The hazardous secondary material generator must maintain at the generating facility for no less than three (3) years confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary materials. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt);

(VI) The hazardous secondary material generator must comply with the emergency preparedness and response conditions in 335-14-2-.13.

(vi) Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in 335-14-1-.02 satisfy all of the following conditions:

(I) The reclaimer and intermediate facility must maintain at its facility for no less than three (3) years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary materials that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records must at a minimum contain the following information:

I. Name of the transporter and date of the shipment;

II. Name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary materials were received from;

III. The type and quantity of hazardous secondary material in the shipment; and

IV. For hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the (subsequent) reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.

(II) The intermediate facility must send the hazardous secondary material to the reclaimer(s) designated by the hazardous secondary materials generator.

(III) The reclaimer and intermediate facility must send to the hazardous secondary material generator confirmations of receipt for all offsite shipments of hazardous secondary materials. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).

(IV) The reclaimer and intermediate facility must manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and must be contained. An "analogous raw material" is a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material.

(V) Any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to 335-14-2-.03, or if they themselves are specifically listed in 335-14-2-.04, such residuals are hazardous wastes and must be managed in accordance with the applicable requirements of 335-14-1 through 9.

(VI) The reclaimer and intermediate facility have financial assurance as required under 335-14-2-.08,

(vii) All persons claiming the exclusion under 335-14-2-.01(4)(a)24. provide notification as required under 335-14-1-.03(22).

25. The Environmental Protection Agency Regulations as they exist as set forth in 40 CFR § 261.4(a)(25) (as amended on May 30, 2018) are incorporated herein by reference.

26. Solvent-contaminated reusable wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that:

(i) The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container should be closed in accordance with 335-14-1-.02, except when necessary to add or remove solvent-contamimated wipes;

(ii) The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for cleaning;

(iii) At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes must contain no free liquids as defined in 335-14-1-.02.

(iv) Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in the ADEM Division 14 Administrative Code; 335-14-1 through 335-14-9;

(v) Generators must maintain at their site the following documentation:

(I) Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

(II) Documentation that the 180-day accumulation time limit in 335-14-2-.01(4)(a)26(ii) is being met;

(III) 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 at the point of being transported off-site for laundering or dry cleaning;

(IV) The generator must maintain in their onsite records, documentation Documentation that verifies that "no free liquids" were present in the container, prior to shipment. These records must be kept for at least three years from the date of shipment. At a minimum, these records must include the date and time of the verification, the name of the person verifying, and a notation of the volume of free liquids removed from the container, if present.

(vi) The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the Clean Water Act.

27. Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that:

(i) The hazardous secondary material consists of one or more of the following spent solvents: toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tertbutyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, and/or methanol;

(ii) The hazardous secondary material originated from using one or more of the solvents listed in 335-14-2-.01(4)(a)27.(i) in a commercial grade for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510).

(iii) The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in 335-14-2-.01(4)(a)27.(i) to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510).

(iv) After remanufacturing one or more of the solvents listed in 335-14-2-.01(4)(a)27.(i), the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and the paints and coatings manufacturing sectors (NAICS 325510) or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act (40 CFR Parts 704, 710-711), including Industrial Function Codes U015 (solvents consumed in a reaction to produce other chemicals) and U030 (solvents become part of the mixture);

(v) After remanufacturing one or more of the solvents listed in 335-14-2-.01(4)(a)27.(i), the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. (These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.); and

(vi) Both the hazardous secondary material generator and the remanufacturer must:

(I) Notify the Director and update the notification annually in accordance with 335-14-1-.03(22);

(II) Develop and maintain an up-to-date remanufacturing plan which identifies:

I. The name, address and EPA ID number of the generator(s) and the remanufacturer(s),

II. The types and estimated annual volumes of spent solvents to be remanufactured,

III. The processes and industry sectors that generate the spent solvents,

IV. The specific uses and industry sectors for the remanufactured solvents, and

V. A certification from the remanufacturer stating "on behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510), and will accept the spent solvent(s) for the sole purpose of remanufacturing into commercialgrade solvent(s) that will be used for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) or for use as product ingredient(s). I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or part 63, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in 335-14-2-.27 (vents), 335-14-2-.28 (equipment) and 335-14-2-.29 (tank storage)";

(III) Maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments;

(IV) Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in 335-14-2-.09 and 335-14-2-.10, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored;

(V) During remanufacturing, and during storage of the hazardous secondary materials prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or part 63; or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in 335-14-2-.27 (vents), 335-14-2-.28 (equipment) and 335-14-2-.29 (tank storage); and

(VI) Ensure that no hazardous secondary materials are speculatively accumulated as defined in 335-14-1-.02.

(b) "Solid wastes which are not hazardous wastes". The following solid wastes are not hazardous wastes:

1. 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 material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous waste for the purposes of regulation under 335-14-2-.01, if:

(i) Such facility receives and burns only:

(I) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and

(II) Solid waste from commercial or industrial sources that does not contain hazardous waste.

(ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.

2. Solid wastes generated by the following and which are returned to the soils as fertilizers:

(i) The growing and harvesting of agricultural crops;

(ii) The raising of animals, including animal manures;

3. Mining overburden returned to the mine site;

4. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by 335-14-7-.08(13) for facilities that burn or process hazardous waste.

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

6.

(i) Wastes which fail the test for the characteristic of toxicity because chromium is present or are listed in 335-14-2-.04 due to the presence of chromium, which do not fail the test for the characteristic of toxicity for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:

(I) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and

(II) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and

(III) The waste is typically and frequently managed in non-oxidizing environments.

(ii) Specific wastes which meet the standard in 335-14-2-.01(4)(b)6.(i)(I) through (III) (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are:

(I) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/ retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(II) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/ retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(III) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/ wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(IV) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/ wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(V) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/ retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(VI) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry and other leather product manufacturing industries.

(VII) Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.

(iii) For waste meeting the criteria described in 335-14-2-.01(4)(b)6.(i) but not specifically listed in 335-14-2-.01(4)(b)6.(ii), the generator may petition the Department in accordance with 335-14-1-.03(2)(f) to have the waste excluded from regulation as a hazardous waste.

7. Solid waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by 335-14-7-.08(13) for facilities that burn or process hazardous waste.

(i) For the purposes 335-14-2-.01(4)(b)7., beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/ leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in-situ leaching.

(ii) For the purposes of 335-14-2-.01(4)(b)7., solid waste from the processing of ores and minerals includes only the following wastes as generated:

(I) Slag from primary copper processing;

(II) Slag from primary lead processing;

(III) Red and brown muds from bauxite refining;

(IV) Phosphogypsum from phosphoric acid production;

(V) Slag from elemental phosphorus production;

(VI) Gasifier ash from coal gasification;

(VII) Process wastewater from coal gasification;

(VIII) Calcium sulfate wastewater treatment plant sludge from primary copper processing;

(IX) Slag tailings from primary copper processing;

(X) Fluorogypsum from hydrofluoric acid production;

(XI) Process wastewater from hydrofluoric acid production;

(XII) Air pollution control dust/sludge from iron blast furnaces;

(XIII) Iron blast furnace slag;

(XIV) Treated residue from roasting/leaching of chrome ore;

(XV) Process wastewater from primary magnesium processing by the anhydrous process;

(XVI) Process wastewater from phosphoric acid production;

(XVII) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;

(XVIII) Basic oxygen furnace and open hearth furnace slag from carbon steel production;

(XIX) Chloride process waste solids from titanium tetrachloride production;

(XX) Slag from primary zinc processing.

(iii) A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under 335-14-2-.01(4)(b) if the owner or operator:

(I) Processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials; and,

(II) Legitimately reclaims the secondary mineral processing materials.

8. Cement kiln dust waste, except as provided by 335-14-7-.08(13) for facilities that burn or process hazardous waste.

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

10. Petroleum-contaminated media and debris that fail the test for the Characteristic of Toxicity of 335-14-2-.03(5) (Hazardous Waste Codes D018 through D043 only) and are subject to the corrective action regulations under Part 280 of 40 CFR.

11. Injected groundwater that is hazardous only because it exhibits the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) in 335-14-2-.03(5) that is reinjected through an underground injection well pursuant to free phase hydrocarbon recovery operations undertaken at petroleum refineries, petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum transportation spill sites until January 25, 1993. This extension applies to recovery operations in existence, or for which contracts have been issued, on or before March 25, 1991. For groundwater returned through infiltration galleries from such operations at petroleum refineries, marketing terminals, and bulk plants, until October 2, 1991. New operations involving injection wells (beginning after March 25, 1991) will qualify for this compliance date extension (until January 25, 1993) only if:

(i) Operations are performed pursuant to a written State of Alabama agreement that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed; and

(ii) A copy of the written agreement has been submitted to: Waste Identification Branch (5304), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

12. Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.

13. Non-terne plated used oil filters that are not mixed with wastes listed in 335-14-2-.04 if these oil filters have been gravity hot-drained using one of the following methods:

(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;

(ii) Hot-draining and crushing;

(iii) Dismantling and hot-draining; or

(iv) Any other equivalent hot-draining method which will remove the free-flowing used oil.

14. Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.

15. Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that:

(i) The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181, if these wastes had been generated after the effective date of the listing;

(ii) The solid wastes described in 335-14-2-.01(4)(b)15.(i) were disposed prior to the effective date of the listing;

(iii) The leachate or gas condensate does not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste;

(iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act.

(v) After February 13, 2001, leachate or gas condensate derived from K169-K172 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. After November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of 335-14-2-.01(4)(b)15.(v) after the emergency ends.

16. [Reserved]

17. [Reserved]

18. Solvent-contaminated disposable wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided that:

(i) The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids, should free liquids occur. During accumulation, a container should be closed in accordance with 335-14-1-.02, except when necessary to add or remove solvent-contamimated wipes;

(ii) The solvent-contaminated wipes may be accumulated by the generator for up to 180 days from the start date of accumulation for each container prior to being sent for disposal;

(iii) At the point of being transported for disposal, the solvent-contaminated wipes must contain no free liquids as defined in 335-14-1-.02.

(iv) Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed according to the applicable regulations found in the ADEM Division 14 Administrative Code 335-14-1 through 335-14-9;

(v) Generators must maintain at their site the following documentation:

(I) Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes;

(II) Documentation that the 180 day accumulation time limit in accordance with 335-14-2-.01(4)(b)18.(ii) is being met;

(III) Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal;

(IV) The generator must maintain in their onsite records, Documentation that verifies that "no free liquids" were present in the container, prior to shipment. These records must be kept for at least three years from the date of shipment. At a minimum, these records must include the date and time of the verification, the name of the person verifying and a notation of the volume of free liquids removed from the container, if present.

(vi) The solvent-contaminated wipes are sent for disposal:

(I) To a municipal solid waste landfill regulated under Division 335-13 rules including 335-13-4-.11 and meets the municipal solid waste landfill standards of 40 CFR 258, or to a hazardous waste landfill regulated under Chapters 335-14-5, 335-14-6, and 335-14-8; or

(II) To a municipal waste combustor or other combustion facility regulated under section 129 of the Clean Air Act or to a hazardous waste combustor, boiler, or industrial furnace regulated under Chapters 335-14-5, 335-14-6, and 335-14-7.

(c) "Hazardous wastes which are exempted from certain regulations". A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated unit, is not subject to regulation under 335-14-3 through 335-14-6, 335-14-8, 335-14-9 or to the notification requirements of Section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.

(d) Samples.

1. Except as provided in 335-14-2-.01(4)(d)2. and 4., a sample of solid waste or a sample of water, soil, or air which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of 335-14-2 or 335-14-3 through 335-14-9 or to the notification requirements of Section 3010 of RCRA, when:

(i) The sample is being transported to a laboratory for the purpose of testing; or

(ii) The sample is being transported back to the sample collector after testing; or

(iii) The sample is being stored by the sample collector before transport to a laboratory for testing; or

(iv) The sample is being stored in a laboratory before testing; or

(v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or

(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).

2. In order to qualify for the exemption in 335-14-2-.01(4)(d)1.(i) and (ii), a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must:

(i) Comply with United States Department of Transportation (DOT), United States Postal Service (USPS), or any other applicable shipping requirements; or

(ii) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:

(I) Assure that the following information accompanies the sample:

I. The sample collector's name, mailing address, and telephone number;

II. The laboratory's name, mailing address, and telephone number;

III. The quantity of the sample;

IV. The date of shipment; and

V. A description of the sample; and

(II) Package the sample so that it does not leak, spill, or vaporize from its packaging.

3. This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in 335-14-2-.01(4)(d)1.

(e) "Treatability Study Samples".

1. Except as provided in 335-14-2-.01(4)(e)2. and 4., persons who generate or collect samples for the purpose of conducting treatability studies as defined in 335-14-1-.02(1), are not subject to any requirement of 335-14-2 through 335-14-4 or to the notification requirements of Section 3010 of RCRA, nor are such samples included in the quantity determinations of 335-14-3-.01(3) when:

(i) The sample is being collected and prepared for transportation by the generator or sample collector; or

(ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or

(iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.

2. The exemption in 335-14-2-.01(4)(e)1. is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:

(i) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, or 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and

(ii) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous waste; and

(iii) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of 335-14-2-.01(4)(e)2.(iii)(I) or (II) are met.

(I) The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or

(II) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:

I. The name, mailing address, and telephone number of the originator of the sample;

II. The name, address, and telephone number of the facility that will perform the treatability study;

III. The quantity of the sample;

IV. The date of shipment; and

V. A description of the sample, including its EPA Hazardous Waste Number.

(iv) The sample is shipped to a laboratory or testing facility which is exempt under 335-14-2-.01(4)(f) or has an appropriate RCRA permit or interim status.

(v) The generator or sample collector maintains the following records for a period ending 3 years after completion of the treatability study:

(I) Copies of the shipping documents;

(II) A copy of the contract with the facility conducting the treatability study;

(III) Documentation showing:

I. The amount of waste shipped under this exemption;

II. The name, address, and EPA identification number of the laboratory or testing facility that received the waste;

III. The date the shipment was made; and

IV. Whether or not unused samples and residues were returned to the generator.

(vi) The generator reports the information required under 335-14-2-.01(4)(e)2.(v)(III) in its biennial report.

3. The Department may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation. The Department may grant requests on a case-by-case basis for quantity limits in excess of those specified in 335-14-2-.01(4)(e)2.(i) and (ii) and 335-14-2-.01(4)(f)4., for up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste:

(i) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.

(ii) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of a previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

(iii) The additional quantities and timeframes allowed in 335-14-2-.01(4)(e)3.(i) and (ii) are subject to all the provisions in 335-14-2-.01(4)(e)1. and 2.(iii) through (vi). The generator or sample collector must apply to the Department and provide in writing the following information:

(I) The reason why the generator or sample collector requires additional time or quantity of sample for the treatability study evaluation and the additional quantity needed;

(II) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;

(III) A description of the technical modifications or change in specifications which will be evaluated and the expected results;

(IV) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and

(V) Such other information that the Department considers necessary.

4. In order to qualify for the exemption in 335-14-2-.01(4)(e)1.(i), the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source must additionally not exceed 25 kg.

(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to AHWMMA or RCRA requirements) are not subject to any requirement of 335-14-2, and 335-14-3 through 335-14-9, or to the notification requirements of Section 3010 of RCRA provided that the conditions of 335-14-2-.01(4)(f)1. through 11. are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to 335-14-2-.01(4)(f)1. through (f)11. Where a group of MTUs are located at the same site, the limitations specified in 335-14-2-.01(4)(f)1. through 11. apply to the entire group of MTUs collectively as if the group were one MTU.

1. No less than 45 days before conducting treatability studies, the facility notifies the State Director in writing that it intends to conduct treatability studies under 335-14-2-.01(4)(f).

2. The laboratory or testing facility conducting the treatability study has an EPA identification number.

3. No more than a total of 10,000 kg of "as received" media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other "as received" hazardous waste is subjected to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector.

4. The quantity of "as received" hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including non-hazardous solid waste) added to "as received" hazardous waste.

5. No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.

6. The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.

7. The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted:

(i) The name, address, and EPA identification number of the generator or sample collector of each waste sample;

(ii) The date the shipment was received;

(iii) The quantity of waste accepted;

(iv) The quantity of "as received" waste in storage each day;

(v) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;

(vi) The date the treatability study was concluded;

(vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.

8. The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.

9. The facility prepares and submits a report to the Director by March 15 of each year that includes the following information for the previous calendar year:

(i) The name, address, and EPA identification number of the facility conducting the treatability studies;

(ii) The types (by process) of treatability studies conducted;

(iii) The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers);

(iv) The total quantity of waste in storage each day;

(v) The quantity and types of waste subjected to treatability studies;

(vi) When each treatability study was conducted;

(vii) The final disposition of residues and unused sample from each treatability study.

10. The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under 335-14-2-.01(3) and, if so, are subject to 335-14-2 through 335-14-9, unless the residues and unused samples are returned to the sample originator under the 335-14-2-.01(4)(e) exemption.

11. The facility notifies the State Director by letter when the facility is no longer planning to conduct any treatability studies at the site.

(g)Dredged material that is not a hazardous waste. Dredged material that is subject to the requirements of a permit that has been issued under §404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is not a hazardous waste. For 335-14-2-.01(4)(g), the following definitions apply:

1. The term "dredged material" has the same meaning as defined in 40 DFR 232.2;

2. The term "permit" means:

(i) A permit issued by the U.S. Army Corps of Engineers (Corps) or an approved State under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);

(ii) A permit issued by the Corps under section 103 of the marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or

(iii) In the case of Corps civil works projects, the administrative equivalent of the permits referred to in 335-14-2-.01(4)(g)2.(i) and (ii), as provided for in Corps regulation (for example, see 33 CPR 336.1, 336.2, and 337.6)

(h) [Reserved]

(i) [Reserved]

(j) Airbag waste.

1. Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under 335-14-3 through 335-14-9, and is not subject to the notification requirements of section 3010 of RCRA provided that:

(i) The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;

(ii) The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled "Airbag Waste - Do Not Reuse;"

(iii) The airbag waste is sent directly to either:

(I) An airbag waste collection facility in the United States under the control of a vehicle manufacturer or their authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration, or

(II) A designated facility as defined in 335-14-1-.02(1);

(iv) The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 during transit;

(v) The airbag waste handler maintains at the handler facility for no less than three (3) years records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records must, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste (i.e., airbag modules or airbag inflators) in the shipment. Confirmations of receipt must include the name and address of the receiving facility; the type and quantity of the airbag waste (i.e., airbag modules and airbag inflators) received; and the date which it was received. Shipping records and confirmations of receipt must be made available for inspection and may be satisfied by routine business records (e.g., electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).

2. Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and must comply with the requirements of 335-14-3.

3. Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under 335-14-2-.01(2)(g).

(5) [Reserved]

(6)Requirements for recyclable materials.

(a)

1. Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of 335-14-2-.01(6)(b) and (c), except for the materials listed in 335-14-2-.01(6)(a)2. and (a)3. Hazardous wastes that are recycled will be known as "recyclable materials".

2. The following recyclable materials are not subject to the requirements of 335-14-2-.01(6) but are regulated under 335-14-7-.03 through 335-14-7-.14 and all applicable provisions of 335-14-8 and 335-14-9.

(i) Recyclable materials used in a manner constituting disposal (335-14-7-.03);

(ii) Hazardous wastes burned [the definition of which is incorporated by reference in rule 335-14-7-.08(1)] for energy recovery in boilers and industrial furnaces that are not regulated under 335-14-5-.15 and 335-14-6-.15 (335-14-7-.08);

(iii) Recyclable materials from which precious metals are reclaimed (335-14-7-.06).

(iv) Spent lead-acid batteries that are being reclaimed (335-14-7-.07).

3. The following recyclable materials are not subject to regulation under 335-14-3 through 335-14-9, and are not subject to the notification requirements of Section 3010 of RCRA:

(i) The following recyclable materials are not subject to regulation under 335-14-3 through 335-14-9, and are not subject to the notification requirements of Section 3010 of RCRA:

(I) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in 335-14-3-.05(4), 335-14-3-.05(7)(a)1. through 4., 6., and 335-14-3-.05(7)(b), and 335-14-3-.05(8), export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in 335-14-1-.02, and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;

(II) Transporters transporting a shipment for export may not accept a shipment if he knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.

(ii) Scrap metal that is not excluded under 335-14-2-.01(4)(a)13.;

(iii) Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oilbearing hazardous waste, where such recovered oil is already excluded under 335-14-2-.01(4)(a)12.);

(iv)

(I) Hazardous waste fuel produced from oilbearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under 335-14-17-.02(2) and so long as no other hazardous wastes are used to produce the hazardous waste fuel;

(II) Hazardous waste fuel produced from oilbearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under 335-14-17-.02(2); and

(III) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specifications under 335-14-17-.02(2).

4. Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of 335-14-1 through 335-14-7 and 335-14-9, but is regulated under 335-14-17. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

5. Hazardous waste that is exported to or imported.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of 335-14-3 and 335-14-4 and the notification requirements under Section 3010 of RCRA, except as provided in 335-14-2-.01(6)(a).

(c)

1. Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of Rules 335-14-5-.01 through 335-14-5-.12, 335-14-5-.27, 335-14-5-.28, 335-14-5-.29, 335-14-6-.01 through 335-14-6-.12, 335-14-6-.27, 335-14-6-.28, 335-14-6-.29, and under 335-14-7, 335-14-8 (except as provided in 335-14-8-.01(1)(c)3.(v)), 335-14-9, and the notification requirements under Section 3010 of RCRA, except as provided in 335-14-2-.01(6)(a). [The recycling process itself is exempt from regulation except as provided in 335-14-2-.01(6)(d).]

2. Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in 335-14-2-.01(6)(a):

(i) Notification requirements for small and large quantity generators under 335-14-3-.01(8);

(ii)335-14-6-.05(2) and (3) (dealing with the use of the manifest and manifest discrepancies);

(iii)335-14-2-.01(6)(d);

(iv)335-14-6-.05(6) (biennial reporting requirements)

(d) Owners or operators of facilities subject to RCRA or AHWMMA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of Rules 335-14-5-.27, 335-14-5-.28, 335-14-6-.27, and 335-14-6-.28.

(7)Residues of hazardous waste in empty containers.

(a)

1. Any hazardous waste remaining in either:

(i) An empty container or

(ii) An inner liner removed from an empty container, as defined in 335-14-2-.01(7)(b), is not subject to regulation under 335-14-2 through 335-14-9 or to the notification requirements of Section 3010 of RCRA.

2. Any hazardous waste in either:

(i) A container that is not empty or

(ii) An inner liner removed from a container that is not empty, as defined in 335-14-2-.01(7)(b) is subject to regulation under 335-14-2 through 335-14-9 and to the notification requirements of Section 3010 of RCRA.

3. Residues removed from an empty container are solid wastes subject to the requirements of 335-14-3-.01(2).

(b)

1. A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in 335-14-2-.04(2), or (4)(e) is empty if:

(i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container (e.g., pouring, pumping, and aspirating); and

(ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner; or

(iii)

(I) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size, or

(II) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.

2. A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

3. A container or an inner liner removed from a container that has held an acute hazardous waste listed in 335-14-2-.04(2), or (4)(e) is empty if:

(i) All visible residues have been removed and the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

(ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

(iii) 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.

(c) Containers of hazardous waste pharmaceuticals are subject to 335-14-7-.16(7) for determining when they are considered empty, in lieu of 335-14-2-.01(7), except as provided by 335-14-7-.16(7)(c) and (d).

(8)PCB Wastes Regulated Under Toxic Substance Control Act. The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under Part 761 of 40 CFR and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are exempt, except for the provisions of Rules 335-14-5-.25 and 335-14-6-.21, from regulation under 335-14-2 through 335-14-6, and 335-14-9, Parts 270 and 124 of 40 CFR, and the notification requirements of Section 3010 of RCRA.

(9)Requirements for Universal Waste. The wastes listed in 335-14-2-.01(9) are exempt from regulation under 335-14-3 through 335-14-9, except as specified in 335-14-11 and, therefore are not fully regulated as hazardous waste. The wastes listed in 335-14-2-.01(9) are subject to regulation under 335-14-11:

(a) Batteries as described in 335-14-11-.01(2);

(b) Pesticides as described in 335-14-11-.01(3);

(c) Mercury-containing equipment as described in 335-14-11-.01(4);

(d) Lamps as described in 335-14-11-.01(5), and

(e) Aerosol cans described in 335-14-11-.01(6).

(10)Residues of hazardous waste in empty tanks.

(a)335-14-2-.01 only applies to hazardous waste accumulated or stored in tanks. Tanks remain subject to applicable closure standards in 335-14-3, 335-14-5, and 335-14-6 for all hazardous waste numbers placed into the tank since it was last decontaminated, in accordance with 335-14-5-.07 or 335-14-6-.07.

(b) A tank that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in 335-14-2-.04(2), (3), or (4)(e), is empty if:

1. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of tank (e.g., draining, pumping, and aspirating);

2. No more than 0.3 percent by volume of the total capacity of the tank or 100 gallons, whichever is less, remains in the tank; and

3. The removal of waste in accordance with 335-14-2-.01(10)(b)1. and volume and percent of total capacity remaining in the tank in accordance with 335-14-2-.01(10)(b)2. has been certified with the date, time and name of the person making the certification.

(c)

1. Hazardous waste subsequently placed into a tank which has been emptied in accordance with 335-14-2-.01(10)(b) will be identified only by those hazardous waste numbers which are applicable to the waste prior to entering the tank. Any residue remaining in an empty tank system will not cause waste subsequently placed into the tank to be identified pursuant to 335-14-2-.01(3)(a)2.(iv). All hazardous waste numbers applicable to waste placed in the tank since it was last decontaminated will apply to the tank system upon closure.

2. Residues removed from an empty tank are solid wastes subject to the requirements of 335-14-3-.01(2).

(d) Respondents in actions to enforce rules and regulations implementing the AHWMMA, who raise a claim that a tank or tank system was empty in accordance with 335-14-2-.01(10), must demonstrate compliance with 335-14-2-.01(10) by providing appropriate documentation.

Ala. Admin. Code r. 335-14-2-.01

November 19, 1980. Amended: April 9, 1986; September 29, 1986; February 15, 1988; August 24, 1989; December 6, 1990; January 25, 1992; January 1, 1993. Amended: Filed November 30, 1994; effective January 5, 1995. Amended: Filed March 22, 1995; effective April 26, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 2, 1996; effective March 8, 1996. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed February 26, 1999; effective April 2, 1999. Amended: Filed February 25, 2000; effective March 31, 2000. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed March 13, 2003; effective April 17, 2003. Amended: Filed April 22, 2004; effective May 27, 2004. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 27, 2 007; April 3, 2 007. Amended: Filed April 22, 2008; effective May 27, 2008. Amended: Filed February 24, 2009; effective March 31, 2009. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Filed February 23, 2011; effective March 30, 2011. Amended: Filed February 28, 2012; effective April 3, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 06, March 31, 2015, eff. 3/31/2015.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 05, February 29, 2016, eff. 4/8/2016.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/6/2018.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/6/2019.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.

Rule 335-14-2-.01(10) is only mandatory when a generator or owner/operator wishes to break the continuing chain of previous hazardous waste numbers. It is not required for demonstrating compliance with the accumulation time limits of Chapter 335-14-3.

Author: Stephen C. Maurer; Steven O. Jenkins; Michael B. Jones; Stephen A. Cobb; Ron Shell; Michael Champion; Amy P. Zachry; Lynn T. Roper; C. Edwin Johnston; Robert W. Barr; Bradley N. Curvin; Jonah L.Harris; Theresa A. Maines; Heather M. Jones; Clethes Stallworth; Metz P. Duites; Vernon H. Crockett; Linda J. Knickerbocker; Brent A. Watson; Sonja B. Favors.

Statutory Authority:Code of Ala. 1975, §§ 22-30-10, 22-30-11, 22-30-14, 22-30-15, 22-30-16.