(A) The following wastes are listed hazardous wastes from specific sources unless they are excluded under 40 CFR 260.20 and 40 CFR 260.2240 CFR Part 261 appendix IX.
See Table at
(B) Listing specific definitions:
(1) For the purposes of the K181 listing, dyes and/or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or "Food and Drug Administration" (FDA) certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes and/ or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes and/or pigments, are not included in the K181 listing.
(C) K181 listing levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met.
(D) Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181. The procedures described in paragraphs (D)(1) to (D)(3)(k)(iii) and (D)(5) of this rule establish when nonwastewaters from the production of dyes/pigments would not be hazardous [these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (A) of this rule]. If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (A) of this rule, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in paragraph (D)(4) of this rule.
(1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents [see paragraph (C) of this rule] can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years.
(2) Determination for generated quantities of one thousand metric tons per year or less for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is one thousand metric tons or less, the generator may use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels in paragraph (C) of this rule. To make this determination, the generator must:
(a) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than one thousand metric tons.
(b) Track the actual quantity of nonwastewaters generated from January first to December thirty-first of each year. If, at any time within the year, the actual waste quantity exceeds one thousand metric tons, the generator must comply with the requirements of paragraphs (D)(3) to (D)(3)(k)(iii) of this rule for the remainder of the year.
(c) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(d) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
(i) The quantity of dyes and/or pigment nonwastewaters generated.
(ii) The relevant process information used.
(iii) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.
(3) Determination for generated quantities greater than one thousand metric tons per year for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than one thousand metric tons, the generator must perform all of the steps described in paragraphs (D)(3)(a) to (D)(3)(k)(iii) of this rule in order to make a determination that its waste is not K181.
(a) Determine which K181 constituents [see paragraph (D) of this rule) are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed).
(b) If 1,2-phenylenediamine is present in the wastes, the generator may use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (D)(2) of this rule and keep the records described in paragraph (D)(2)(d) of this rule. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described in paragraph (D)(4) of this rule.
(c) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:
(i) A discussion of the number of samples needed to characterize the wastes fully;
(ii) The planned sample collection method to obtain representative waste samples;
(iii) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.
(iv) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.
(d) Collect and analyze samples in accordance with the waste sampling and analysis plan.
(i) The sampling and analysis must be unbiased, precise, and representative of the wastes.
(ii) The analytical measurements must be sufficiently sensitive, accurate, and precise to support any claim that the constituent mass loadings are below the listing levels in paragraph (C) of this rule.
(e) Record the analytical results.
(f) Record the waste quantity represented by the sampling and analysis results.
(g) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).
(h) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(i) Determine whether the mass of any of the K181 constituents listed in paragraph (C) of this rule generated between January first and December thrity-first of any year is below the K181 listing levels.
(j) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
(i) The sampling and analysis plan.
(ii) The sampling and analysis results (including quality assurance/quality control data).
(iii) The quantity of dyes and/or pigment nonwastewaters generated.
(iv) The calculations performed to determine annual mass loadings.
(k) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.
(i) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator may then use knowledge of the wastes to support subsequent annual determinations.
(ii) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.
(iii) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.
(4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.
(5) Waste holding and handling. During the interim period (that is, from the point of generation to completion of the hazardous waste determination), the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the hazardous waste rules (as defined in rule 3745-50-10 of the Administrative Code) during the interim period, the generator could be subject to an enforcement action for improper management.
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 11/13/1987, 12/08/1988, 12/30/89, 2/11/92, 9/2/97, 12/7/00, 12/7/04