part_subject: "IDENTIFICATION AND LISTING OF HAZARDOUS WASTE"
subpart_code: "D"
subpart_subject: "Lists of Hazardous Wastes"
section_number: "261.35"
section_subject: "Deletion of certain hazardous waste codes following equipment cleaning and replacement."
cfr_reference: "40 CFR 261.35"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 260 to 265"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
(b)Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.
(A)Rinses must be tested by using an appropriate method.
(B)“Not detected” means at or below the following lower method calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL—0.01 parts per trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50 μL. For other congeners—multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.
(iv)The generator must manage all residues from the cleaning process as F032 waste.
(i)Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.
(c)The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:
(8)A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;
(9)A description of the tests performed, the date the tests were performed, and the results of the tests;
(10)The name and model numbers of the instrument(s) used in performing the tests;
(12)The following statement signed by the generator or his authorized representative:
I certify under penalty of law that all process equipment required to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.