Chapter 850:	IDENTIFICATION OF HAZARDOUS WASTES
                               TABLE OF CONTENTS
                                                                           Page
l.	Legal Authority	1
2.	Preamble	1
3.	Identification of Hazardous Wastes	1
	A.	General	1
		(3)	Definition of hazardous waste	2
		(4)	Exclusions	4
		(5)	Special requirements for hazardous waste generated by small quantity generators	 13
		(6)	Special requirements for hazardous waste which is beneficially used or reused	16
		(7)	Residues of hazardous waste in empty containers	16
	(8)	The use of material which is contaminated or mixed with dioxin or any other
		hazardous waste identified in Chapter 850, for dust suppression or road
		treatment is prohibited.	17
		(9)	No fuel which contains any hazardous waste may be burned in any cement
			kiln unless licensed under Chapter 856.	17
		(10)	Persons who generate, transport, or collect non-leaking spent batteries, or who store
			non-leaking spent batteries but do not reclaim or intend to reclaim them are not
			required to obtain a license for such a facility.	17
		(11)	Owners or operators of facilities that store spent batteries before reclaiming
			them are required to obtain a license for such storage under Chapter 856.	17
		(12)	Delistings	17
		(13)	Special requirements for universal wastes	17
		(14)	Special requirements for certain batteries	19
	B.	Identification of hazardous wastes by characteristics	19
		(1)	General	19
		(2)	Characteristic of ignitability.	19
		(3)	Characteristic of corrosivity	21
		(4)	Characteristic of reactivity	21
		(5)	Characteristic of toxicity	23
	C.	Identification of hazardous wastes by particular substance, by chemical class or
		as waste products of specific industrial activities	24
		(1)	General	24
		(2)	Hazardous wastes from non-specific sources.	25
		(3)	Hazardous Wastes from specific sources	32
		(4)	Discarded commercial chemical products, off-specification species, container
			residues, and spill residues thereof.	39
	D.	Criteria for designation of a hazardous waste as a universal waste	57
Table 1. Maximum Concentration of Contaminants for the Toxicity Characteristic	23
APPENDIX I:	REPRESENTATIVE SAMPLING METHODS	58
APPENDIX II:	METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)	59
APPENDIX III:	CHEMICAL ANALYSIS TEST METHODS	59
APPENDIX IV:	RESERVED	60
APPENDIX V:	RESERVED	60
APPENDIX VI:	RESERVED	60
APPENDIX VII: 	BASIS FOR LISTING HAZARDOUS WASTES	60
APPENDIX VIII: 	HAZARDOUS CONSTITUENTS	66
APPENDIX IX:	RESERVED	82
APPENDIX X:	RESERVED	82
APPENDIX XI:	PAINT FILTER TEST	82

Chapter 850:	IDENTIFICATION OF HAZARDOUS WASTES

SUMMARY: This rule identifies hazardous wastes. These hazardous wastes are subject to regulation according to the provisions of 38 M.R.S., §1301, et seq. and to this and other rules adopted thereunder.

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NOTE: As used in this rule, "department" has the same meaning as in the Rule Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2, and may refer to either the "board" or the "commissioner". Under certain circumstances, Maine statutes require that the board, rather than the commissioner, perform duties that may be described or referenced in this rule (e.g. licensing of commercial hazardous waste facilities pursuant to 38 M.R.S. §1319-R; licensing of projects of "statewide significance" pursuant to 38 M.R.S. §341-D).

l.	Legal Authority. This rule is authorized and adopted under 38 M.R.S. §1319-O (1) and is intended to be consistent with applicable requirements of The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C.A. 6901, et seq. and regulations promulgated by the United States Environmental Protection Agency (EPA) thereunder.

2.	Preamble. It is the purpose of the Department of Environmental Protection, consistent with legislative policy, to provide effective controls for the management of hazardous wastes. This rule is promulgated to identify hazardous wastes so that effective management measures can be implemented.

3.	Identification of Hazardous Wastes

      A. General

(1)	This rule identifies those wastes which are subject to regulation as hazardous wastes under 38 M.R.S. §1301, et seq.

(2)	Portions of this rule refer to federal regulations of the United States Environmental Protection Agency (EPA). Unless otherwise specified, the federal regulations referenced are those interim final or final regulations revised as of July 1, 1994, as they appeared in volume 40 of the Code of Federal Regulations (C.F.R.). References to test methods shall include regulations published on July 1, 2005, including 40 C.F.R. 260.11 which is hereby adopted by reference. Where specifically indicated, the terms of a referenced federal regulation are hereby adopted as terms of this rule, except that in regulations incorporated thereby, "EPA", "Administrator", "Regional Administrator" and "Director" shall mean "the Maine Department of Environmental Protection or its designated representative"; and the phrase "treat, store, and/or dispose" shall mean "handle". In addition, where the terms of federal regulations hereby incorporated by reference differ from or are inconsistent with other terms of this Chapter or Chapters 850-860, the more stringent of the requirements shall apply. Other changes to regulations incorporated hereby are as expressly made in this rule.

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

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

      (3)	Definition of hazardous waste

(a)	A waste is a hazardous waste if:

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

(ii)	It meets any of the following criteria:

a.	It is listed in Section 3(C) and has not been excluded by EPA under 40 C.F.R. 260.20 and 260.22 and excluded subsequently by the Department;

b.	It is a mixture of a non-hazardous waste and one or more hazardous wastes listed in Section 3(C) and has not been excluded by EPA under 40 C.F.R. 260.20 and 260.22 and excluded subsequently by the Department; or

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

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

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

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

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

(c)	Unless and until it meets the criteria of paragraph (d) below:

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

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

(d)	Any waste described in paragraph (c) above is not a hazardous waste if it meets the following criteria:

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

(ii)	In the case of a waste which is a listed waste under Section 3(C), contains a waste listed under Section 3(C) or is derived from a waste listed in Section 3(C), it also has been excluded from paragraph (c) by EPA under 40 C.F.R. 260.20 and 260.22 and excluded subsequently by the Department.

(4)	Exclusions

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

            (i) Domestic sewage; and

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

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

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

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

            (iv) Irrigation return flows.

            (v) Source, special nuclear or by-product material as defined by the Atomic Energy Act of l954, , 42 U.S.C.. 20ll et seq., as amended up to August 8, 2005.

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

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

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

            (ix) Mining overburden returned to the mine site.

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            NOTE: Wastes from the extraction and beneficiation of metallic ores and minerals are regulated under Chapter 200 of the Department's rules, not Chapters 850-857.

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

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

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

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

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

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

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

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

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

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NOTE: It is the generator's responsibility to demonstrate to the Department that the scrap metal is being recycled.

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

            (xviii) Unused, unexpired materials in an original container which meet the product specifications, provided the Chief Executive Officers or plant managers of the shipping and receiving facilities exchange letters acknowledging the exchange of material, the Department receives copies of these letters prior to shipment, and the materials are not used in a manner constituting disposal (unless the product is originally applied to the land) or burned for energy recovery (unless the product is a fuel.) The letter must contain the following information: (1) the type and quantity of material transferred; (2) the name, address and telephone number of the transferer and transferee; (3) the date of transfer; and (4) the proposed use of the materials by the transferee.

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

                  The generator and if located in Maine, the recycler, must maintain the following documentation at the facility of the generator and, if located in Maine, at the recycling facility, and be available for the Department's inspection:
                  (1) A description of the isopropyl alcohol to be used or reused;
                  (2) Consistent with the requirements of 40 C.F.R. 261.2(f) a demonstration that a known market or disposition exists for the isopropyl alcohol. This demonstration must include documentation such as a contract that a material is used to substitute for another product; a description of the process by which the isopropyl alcohol is beneficially used or reused; a representative analysis of the isopropyl alcohol including the hazardous constituents found in 40 C.F.R. 261 Appendix VIII; and documentation that the use of the material does not introduce toxic constituents into the product, for which the material is used as a substitute, in concentrations that are higher than those found in analogous products consistent with 40 C.F.R. 261.2(d)(3)(i)(B); and

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

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

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

            (xxii)	Scrap metal including processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal. As used in this Chapter:

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

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

            (xxiii) "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for Hazardous Waste Code D004 through D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood product for these materials' intended end use.

            (xxiv) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in Section 3(B)(5) of this Chapter when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.

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

                  (1) Exceeds the allowable level for total halogens established in 06-096 C.M.R. ch. 860(4)(C) (4000 ppm) due solely to the presence of chlorinated paraffins as a constituent of the cutting oil itself, and not due to the mixing of a halogenated hazardous waste with the oil;
                  (2) Is not mixed or contaminated with any other hazardous waste, and does not exhibit hazardous waste characteristics except as provided in 06-096 C.M.R ch. 860(4)(C), as demonstrated through sampling and analysis, and/or knowledge of process;

                  (3)  Does not exceed the allowable levels established in 06-096 C.M.R. ch. 860(4)(C) for arsenic, cadium, chromium, lead, PCBs, and flash point;
                  (4) Is, or will be, processed through a tolling arrangement to reclaim the oil as described in 40 C.F.R. 279.24(c), or recycled through an arrangement at a facility authorized and equipped to recycle the waste, which is documented by a written contract, agreement, bill of sale or receipt from the recycling facility;
                  (5) Is stored, prior to shipment to the recycling or processing facility, at the site of generation, on a firm, impervious surface constructed to prevent spillage from leaving the area, and in closed, non-leaking containers or tanks labeled with the words "Used Oil Containing Chlorinated Paraffins"; and,
                  (6) Is transported from the site of generation to a facility authorized to handle the waste by a Maine-licensed waste oil transporter, and each shipment is documented by a bill of lading, a copy of which is retained by the generator for at least three years from the date of shipment.

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

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

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

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

         (c) Solvent-Contaminated Wipes

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

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

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

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

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

                  (1)	Solvent-contaminated wipes that the generator either launders or dry cleans on-site, or sends off-site to be laundered or dry cleaned, and the on-site or off-site facility: is located in Maine or in a state that has adopted the exclusion at 40 C.F.R. 261.4(a)(26) as amended up to July 1, 2016 or adopted a state equivalent rule which is no less stringent than 40 C.F.R. 261.4(a)(26), and its discharge, if any, is regulated under sections 301 and 402 or section 307 of the Clean Water Act.

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

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

                       (b)	The generator sends the solvent-contaminated wipes for disposal to: an authorized out-of-state facility in a state where the exclusion at 40 C.F.R. 261.4(b)(18) as amended up to July 1, 2016 or a state equivalent rule which is no less stringent than 40 C.F.R. 261.4(b)(18) has been adopted; a municipal solid waste landfill regulated under the Department's Solid Waste Management Rules 09-096 C.M.R. Chapters 400 to 425; a hazardous waste landfill regulated under 06-096 C.M.R. 854 to 856; a municipal waste combustor or other combustion facility regulated under section 06-096 C.M.R. 143; or, to a hazardous waste combustor, boiler, or industrial furnace regulated under 06-096 C.M.R. 854 to 856.

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

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

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

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

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

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

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

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

                       (7)	At the point of being sent for cleaning on site or of being transported off site for cleaning or disposal, the solvent-contaminated wipes must contain no free liquids, as defined by 40 C.F.R. 260.10 as amended up to July 1, 2016, and as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846) (see Appendix XI);

                  (8)	Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes must be managed in accordance with the hazardous waste management rules; and,

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

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

                       (b)	Documentation that the 180-day accumulation time limit in subsection (iv)(2) above is being met; and

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

         (d)	Treatability study

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

               (ii) The exclusion of paragraph (d)(i) shall apply when the conditions of 40 C.F.R. 261.4(f)(1)-(11) are met (such provisions are hereby adopted and incorporated by reference, provided however, that references to "40 C.F.R. 261.3" shall mean "this Chapter", "Parts 261 through 268 and Part 270 of this Chapter" shall mean "Chapters 850-860" and "40 C.F.R. 261.4(e)" shall mean "paragraph (b)(i)-(iii) above") and prior approval has been obtained from the Department.

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

(a)	Except as otherwise provided in this section, if a person determines whether the waste he generates is hazardous under Chapter 851, Section 5 and generates, in a calendar month, a total of less than 100 kilograms (220.46 lbs.) of hazardous wastes, those wastes are not subject to regulation under 38 M.R.S., §1301, et seq. and related rules, provided the generator complies with paragraph (d) below.

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

(b)	If a person whose waste has been excluded from regulation under paragraph (a) above accumulates hazardous wastes in quantities greater than 600 kilograms or acutely hazardous wastes in quantities greater than set forth in paragraph (c) of this section, all of those accumulated wastes are subject to regulation under 38 M.R.S. §1301 et seq. and related rules (Chapters 850-860 of the Department's rules).

(c)	If a person generates in a calendar month or accumulates at any time any of the following acutely hazardous wastes in quantities greater than set forth below, those wastes are subject to regulation under 38 M.R.S., §1301 et seq. and related rules. (Chapters 850-857 of the Department's Rules).

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

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

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

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

               (v) A total of 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any commercial chemical products or manufacturing chemical intermediates having the generic names listed in Section 3(C)(4)(e) of this Chapter or any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification commercial chemical products or manufacturing chemical intermediates which, if they met specifications, would have the generic names listed in Section 3(C)(4)(e) of this Chapter;

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

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

               (i) Determine whether the waste generated is hazardous in accordance with Section 5 of Chapter 851;

               (ii) Store the waste in a container no greater than 55 gallons in size, label and package the hazardous waste in accordance with Section 8(A) and 8(B)(3) of Chapter 851, and label the container with the date the container becomes full;

               (iii) Properly manifest the hazardous waste in accordance with Chapter 857;

               (iv) Utilize a licensed transporter in accordance with Section 7 of Chapter 851;

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

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

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

a.	Manage the waste in accordance with Sections 8(B)(2), 11, 13(B)(1),(2), 13(C)(1), (3), (4) and 13(D)(1), and (2) of Chapter 851; and

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

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

(e)	Hazardous waste subject to the reduced requirements of paragraph (d) that is mixed with non-hazardous waste remains subject to these reduced requirements as long as the resultant mixture does not exceed the quantity limitations identified in this section. If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation. Mixture of a characteristic hazardous waste with a non hazardous waste such that the mixture no longer exhibits a characteristic constitutes treatment which requires a license pursuant to Chapters 854 and 856.

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

(a)	Activities that may be eligible for reduced licensing requirements because those activities involve hazardous waste which is beneficially used or reused are specified under Section 11 of Chapter 856, "Requirements for Facilities Licensed under the Abbreviated License Process."

(b)	Activities that involve recycling and reclamation of hazardous waste are considered forms of treatment and, as such, are subject to the requirements of Chapter 854 and 856 with respect to treatment of hazardous waste.

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

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

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

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

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

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

	Any residue remaining in a container or an inner liner removed from a container that has held an acute hazardous waste is empty if the container or inner liner has been triple rinsed using a solvent capable of removing the waste or, in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

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

(8)	The use of material which is contaminated or mixed with dioxin or any other hazardous waste identified in Chapter 850, for dust suppression or road treatment is prohibited.

(9)	No other fuel which contains any hazardous waste may be burned in any cement kiln or other boiler or industrial furnace unless licensed under Chapter 856.

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

(11) Owners or operators of facilities that store spent lead acid batteries before reclaiming them are required to obtain a license for such storage under Chapter 856.

(12) Delistings: [RESERVED]

         RESERVED SPACE
(13) Special Requirements for Universal Wastes

            (a)	All generators of universal wastes must comply with either the full Hazardous Waste Management Rules, Chapter 850 through 857, including all requirements in this Section, or the alternative standards of Chapter 858.
(b)	Universal Wastes are:

                          (i)                Architectural paint

                          (ii)                Cathode ray tubes;

                          (iii)                Lamps;

                          (iv)                Mercury Devices;

                          (v)                Mercury thermostats;

                          (vi)                Motor Vehicle Mercury Switches;

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

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

--------------------------------------------------------------------------------
NOTE: Batteries are managed as universal waste in accordance with Section (14).
         (c) Generators, owners or operators of any central accumulation or consolidation facility, and transporters of universal wastes are prohibited from conducting the following activities:

(i)	Disposing, diluting or treating universal wastes.

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

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

NOTE: Generators that self-transport waste must comply with universal waste transporter requirements, as provided in Section 11 of Chapter 853.
--------------------------------------------------------------------------------
NOTE: Chapters 854 and 856 apply to a universal waste recycling facility.

         (d) Household hazardous waste, which meets the description of universal waste in Section 3(A)(13)(b) but which is exempt under Section 3(A)(4)(a)(vii), when combined or mixed with universal wastes is no longer exempt and must be managed in accordance with the requirements of Chapter 850, 851, 853, 856, 857, and 858.
(e)	All generators of universal wastes must:
(i)	Determine whether the waste generated is hazardous in accordance with Section 5 of Chapter 851 and, pursuant to 38 M.R.S. §1663 determine that all mercury containing lamps are a universal waste; and
(ii)	Determine whether the waste is a universal waste under section 13(b) above;
--------------------------------------------------------------------------------
NOTE: If a hazardous waste is not eligible for regulation under the universal waste rules, then the full hazardous waste management rules apply.
(iii) Immediately contain and transfer all releases of waste and residues resulting from spills or leaks from broken or ruptured universal waste to a container that meets the requirements of the Maine Hazardous Waste Management Rules (Chapter 850 through 857), except that waste and residues from incidental breakage may still be managed as a universal waste;

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

(14)	Special requirements for certain batteries

           Batteries that are described in 40 C.F.R. 273.2 revised as of July 1, 2001 must be managed in accordance with 40 C.F.R. 273 revised as of July 1, 2001, except that references to 40 C.F.R. Parts 260 through 272 shall mean 850 through 857 of the Maine Hazardous Waste Management Rules and except that 40 C.F.R. 273.8(a)(2) is not adopted, and instead, batteries handled by federally conditionally exempt small quantity generators are regulated as small quantity handlers pursuant to 40 C.F.R. 273 Subpart B. In addition, instead of 40 C.F.R. 273.2(c), a battery becomes a waste on the date that it becomes useless, unwanted, or intended for disposal, and spent lead acid batteries described in 40 C.F.R. 273.2(a)(2) and 273.2(b)(1) are regulated under 850 through 858 instead of 40 C.F.R. part 266, subpart G.

B.	Identification of hazardous wastes by characteristics

(1)	General

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

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

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

(2)	Characteristic of ignitability

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

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

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

             (iii) It is an ignitable compressed gas.

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

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

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

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

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

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

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

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

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

                        (a)	The material meets the definition of a forbidden explosive or a Division 1.1, 1.2, or 1.3 explosive, as defined in Section 3(B)(4)(viii) of Chapter 850, in which case it must be classed as an explosive,

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

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

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

                  [Note: An organic peroxide is a type of oxidizer.]

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

(3)	Characteristic of corrosivity

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

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

            (ii) It is a liquid and corrodes steel (SAE l020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55º C (130º F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 or an equivalent test method approved by EPA under the procedures set forth in 40 C.F.R. 260.20 and 260.2l.

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

(4)	Characteristic of reactivity

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

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

            (ii) It reacts violently with water.

            (iii) It forms potentially explosive mixtures with water.

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

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

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

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

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

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

(5)	Characteristic of toxicity

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

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

Table I. Maximum Concentration of Contaminants for the Toxicity Characteristic

EPA Hazardous
Waste No. [4]
Contaminant
CAS No. [5]
Regulatory Level
(mg/L)
D004
Arsenic
7440-38-2
5.0
D005
Barium
7440-39-3
100.0
D018
Benzene
71-43-2
0.5
D006
Cadmium
7440-43-9
1.0
D019
Carbon tetrachloride
56-23-5
0.5
D020
Chlordane
57-74-9
0.03
D021
Chlorobenzene
108-90-7
100.0
D022
Chloroform
67-66-3
6.0
D007
Chromium
7440-47-3
5.0
D023
o-Cresol
95-48-7
200.0 [7]
D024
m-Cresol
108-39-4
200.0 [7]
D025
p-Cresol
106-44-5
200.0 [7]
D026
Cresol

200.0 [7]
D016
2,4-D
94-75-7
10.0
D027
1,4-Dichlorobenzene
106-46-7
7.5
D028
1,2- Dichloroethane
107-06-2
0.5
D029
1,1-Dichloroethylene
75-35-4
0.7
D030
2,4-Dinitrotoluene
121-14-2
0.13 [6]
D012
Endrin
72-20-8
0.02
D031
Heptachlor (and its epoxide)
76-44-8
0.008
D032
Hexachlorobenzene
118-74-1
0.13 [6]
D033
Hexachlorobutadiene
87-68-3
0.5
D034
Hexachloroethane
67-72-1
3.0
D008
Lead
7439-92-1
5.0
D013
Lindane
58-89-9
0.4
D009
Mercury
7439-97-6
0.2
D014
Methoxychlor
72-43-5
10.0
D035
Methyl ethyl ketone
78-93-3
200.0
D036
Nitrobenzene
98-95-3
2.0
D037
Pentrachlorophenol
87-86-5
100.0
D038
Pyridine
110-86-1
5.0 [6]
D010
Selenium
7782-49-2
1.0
D011
Silver
7440-22-4
5.0
D039
Tetrachloroethylene
127-18-4
0.7
D015
Toxaphene
8001-35-2
0.5
D040
Trichloroethylene
79-01-6
0.5
D041
2,4,5-Trichlorophenol
95-95-4
400.0
D042
2,4,6-Trichlorophenol
88-06-2
2.0
D017
2,4,5  -  TP (Silvex)
93-72-1
1.0
D043
Vinyl Chloride
75-01-4
0.2
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4 Hazardous waste number.
[5] Chemical abstracts service number.
[6] Quantitation limit is greater then the calculated regulatory level. The quantitiation limit therefore becomes the regulatory level.
[7] If o-,m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l.
--------------------------------------------------------------------------------

C.	Identification of hazardous wastes by particular substance, by chemical class or as waste products of specific industrial activities

(1)	General

(a)	A waste is a hazardous waste if it is listed in Section 3(C) of this rule unless it has been excluded by EPA under 260.20 and 260.22 of EPA regulations and excluded subsequently by the Maine Board of Environmental Protection.

(b)	Each hazardous waste listed in this section is assigned an EPA Hazardous Waste Number and/or a number assigned by the Department as provided by rule. These numbers, alone or in combination, must be used in complying with regulatory requirements as provided by rule in Chapter 850  -  857 and 3010 of RCRA.

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

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

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

Industry and EPA
Hazardous No.

Hazardous Waste
Hazardous
Waste Code8
Generic:
   F001

The following waste halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride and chlorinated fluorocarbons; all waste solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.

(T)
   F002
The following waste halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane; all waste solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F001, F004, and F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.
(T)
   F003
The following waste non-halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all waste solvent mixtures/blends containing before use, only the above waste non-halogenated solvents; and all waste solvent mixtures/blends containing, before use one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, or F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.
(I)9
   F004
The following waste non-halogenated solvents: cresols and cresylic acid and nitrobenzene; all waste solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.
(T)
   F005
The following waste non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all waste solvent mixtures and blends containing before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these waste solvents and waste solvent mixtures.

(T, I)
   For the purposes of administering and enforcing this Rule, the Department presumes that a discharge to any land or surface or ground waters is the result of a discharge of hazardous waste if such discharge contains the presence of any waste identified in F001-F005. In order to overcome this presumption, a person must demonstrate to the satisfaction of the Commissioner through clear and convincing evidence that the waste was discharged prior to 1980 or that the waste, at the time of discharge, was not a hazardous waste as identified in F001-F005 above.

   F006
Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.
(T)
   F007
Spent cyanide plating bath solutions from electroplating operations.
(R,T)
   F008
Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the processes.
(R,T)
   F009
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.
(R,T)
   F010
Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.
(R,T)
   F011
Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.
(R,T)
   F012
Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.
(T)
   F019
Wastewater treatment sludges from the chemical conversion coating of aluminum, except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process.
(T)
   F020
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use [as a reactant, chemical intermediate or component in a formulating process] of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol.)
(H)
   F021
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives.
(H)
   F022
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions.
(H)
   F023
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of material on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri-, and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.)
(H)
   F024
Process wastes, including but not limited to distillation residues, heavy ends, tars and reactor clean-out wastes from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include, wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in 40 C.F.R. 261.31 or 261.32).
(T)
   F025
Condensed light ends, spent filters, and filter aids, and spent dessicant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radicalized processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution.
(T)
   F026
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions.
(H)
   F027
Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.)
(H)
   F028
Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F02l, F022, F023, F026, and F027.
(T)

   F037
Petroleum refinery primary oil/water/solids separation sludge. Any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in: oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling waters, sludges generated in aggressive biological treatment units as defined in this Chapter (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing.

                                      (T)
   F038
Petroleum refinery secondary (emulsified) oil/water/solids separation sludge. Any sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limitied to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling waters, sludges generated in aggressive biological treatment units as defined in this Chapter (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment unit) and F037, K048, and K051 wastes are not included in this listing.
                                      (T)
   F039
Leachate (liquids that have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under this chapter. (Leachate resulting from the disposal of one or more of the following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028).

(T)

(b)	The provisions of 40 C.F.R. 261.31(b) further defining the F037 and F038 listings are hereby adopted and incorporated by reference.

(c)	Polychlorinated biphenyl (PCB) and polychlorinated biphenyls (PCBs), where PCB and PCBs means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance.

(i)	Except as provided in (AA) below, any chemical substances or combination of substances that contain 50 parts per million (on a dry weight basis) or greater of PCBs are subject to these regulations. "PCB Item" as defined in 40 C.F.R. Part 761.3 as it appeared on July 1, 1982 is also subject to these regulations.

	Substances that are regulated by this rule include, but are not limited to, dielectric fluids, contaminated solvents, oils, waste oils, heat transfer fluids, hydraulic fluids, paints, sludges, slurries, dredge spoils, soils, materials contaminated as a result of spills, and other chemical substances or combination of substances, including impurities and byproducts.

(AA) The use of waste oil that contains any detectable concentration of PCB as a sealant, coating, or dust control agent is prohibited. Prohibited uses include, but are not limited to, road oiling, general dust control, use as a pesticide or herbicide carrier, and use as a rust preventative on pipes.

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NOTE: Road oiling with waste oil is a prohibited act under Chapter 860 of the Department's Rules.

(ii)	Any chemical substance or combinations of chemical substances that contain less than 50 parts per million (ppm) PCBs as the result of dilution shall be subject to these regulations unless otherwise specifically provided by 40 C.F.R. 761, except that PCB contaminated media at an uncontrolled hazardous substance site managed, treated or disposed of in accordance with a Department approved removal or remedial action plan may be managed according to the concentrations detected in the media.

(iii)	For the purposes of this rule, the following are considered hazardous waste and are subject to regulation under 38 M.R.S., §1301, et seq.:

(AA) PCB or PCBs that are useless, unwanted,discarded or intended to be discarded;

(BB) PCB or PCBs that are "discharged" as defined by 38 M.R.S., §1317;

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NOTE: Any person to whom AA or BB. applies is considered a generator of hazardous waste.

(CC) PCB or PCBs generated from off site, where the generator and the satellite facility are owned and operated by the same entity, other than those contained in a totally enclosed manner in equipment such as electrical transformers, capacitors, and hydraulic systems that are not intended to be discarded, that are stored at a site which is used or capable of being used to store as follows:

(1)	greater than 165 gallons of PCBs for more than 10 working days is considered a storage facility for hazardous waste; or

(2)	less than 165 gallons of PCBs, for more than 10 working days, or greater than 165 gallons for less than 10 working days, is not considered to be a storage facility for hazardous waste, provided that the facility obtains an abbreviated license under Chapter 856, Section 11A(8); or

(3)	less than 165 gallons of PCBs for less than 10 working days are exempt from the hazardous waste storage facility licensing requirements.

(DD) PCB or PCBs that are subjected to or intended to be subjected to treatment so as to reduce or otherwise alter the concentration of PCB or PCBs.

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NOTE: Any person to whom Section DD applies is considered a treatment facility for hazardous waste.

(iv)	Disposal of PCB and PCBs is excluded from regulation under Chapters 854, 855 and 856 of the Department's rules in so far as that disposal is in fact regulated under 40 C.F.R. 761.

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NOTE: Federal law currently prohibits a State from regulating the disposal of PCB and PCBs. This exclusion does not apply to PCB and PCBs while they are being handled before disposal.

(v)	PCB and PCBs are identified as toxic wastes (T) and are assigned the Hazardous Waste Number M002.

(vi)	"Alteration" or "treatment" as used in the Department's rules shall not include the routine servicing of equipment where PCB or PCBs are contained in a totally enclosed manner.

(3)	Hazardous Wastes from specific sources. A waste is a hazardous waste if it is listed in the table below:

Industry and EPA
Hazardous No.

Hazardous Waste

Hazardous
Waste Code

Wood Preservation:
   K001

Bottom sediment sludge from the treatment of waste waters from wood preserving processes that use creosote and/or pentachlorophenol.

(T)
Inorganic pigments:
   K002

Wastewater treatment sludge from the production of chrome yellow and orange pigments.

(T)
   K003
Wastewater treatment sludge from the production of molybdate orange pigments.
(T)
   K004
Wastewater treatment sludge from the production of zinc yellow pigments.
(T)
   K005
Wastewater treatment sludge from the production of chrome green pigments.
(T)
   K006
Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated).
(T)
   K007
Wastewater treatment sludge from the production of iron
blue pigments.
(T)
   K008
Oven residue from the production of chrome oxide green pigments.
(T)
Organic chemicals:
   K009

Distillation bottoms from the production of acetaldehyde from ethylene.

(T)
   K010
Distillation side cuts from the production of acetaldehyde from ethylene.
(T)
   K011
Bottom stream from the wastewater stripper in the production of acrylonitrile.
(R,T)
   K013
Bottom stream from the acetonitrile column in the production of acrylonitrile.
(R,T)
   K014
Bottoms from the acetonitrile purification column in the production of acrylonitrile.
(T)
   K015
Still bottoms from the distillation of benzyl chloride.
(T)
   K016
Heavy ends or distillation residues from the production of carbon tetrachloride.
(T)
   K017
Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.
(T)
   K018
Heavy ends from the fractionation column in ethyl chloride production.
(T)
   K019
Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.
(T)
   K020
Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.
(T)
   K021
Aqueous spent antimony catalyst waste from fluoromethanes production.
(T)
   K022
Distillation bottom tars from the production of phenol/acetone from cumene.
(T)
   K023
Distillation light ends from the production of phthalic anhydride from naphthalene.
(T)
   K024
Distillation bottoms from the production of phthalic anhydride from naphthalene.
(T)
   K025
Distillation bottoms from the production of nitrobenzene by the nitration of benzene.
(T)
   K026
Stripping still tails from the production of methyl ethyl pyridines.
(T)
   K027
Centrifuge and distillation residues from toluene diisocyanate production.
(R,T)
   K028
Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.
(T)
   K029
Waste from the product steam stripper in the production of 1,1,1-trichloroethane.
(T)
   K030
Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene.
(T)
   K083
Distillation bottoms from aniline production.
(T)
   K085
Distillation or fractionation column bottoms from the production of chlorobenzenes.
(T)
   K093
Distillation light ends from the production of phthalic anhydride from ortho-xylene.
(T)
   K094
Distillation bottoms from the production of phthalic anhydride from ortho-xylene.
(T)
   K095
Distillation bottoms from the production of l,l,l-tri-chloroethane.
(T)
   K096
Heavy ends from the heavy ends column from the production of l,l,l-trichloroethane.
(T)
   K103
Process residues from aniline extraction from the production of aniline.
(T)
   K104
Combined wastewater streams generated from nitrobenzene/aniline production.
(T)
   K105
Separated aqueous stream from the reactor product washing step in the production of chlorobenzene.
(T)
   K107
Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
(C,T)
   K108
Condensed column overheads from product separation and condensed reactor vent gases from the production of l,l-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
(I,T)
   K109
Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
(T)
   K110
Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH)	 from carboxylic acid hydrazides.
(T)
   K111
Product washwaters from the production of dinitrotoluene via nitration of toluene.
(C,T)
   K112
Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.
(T)
   K113
Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.
(T)
   K114
Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.
(T)
   K115
Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.
(T)
   K116
Organic condensate from the solvent recovery column in the production of toluenedisocyanate via phosgenation of dinitrotoluene.
(T)
   K117
Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene.
(T)
   K118
Spent adsorbent solids from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.
(T)
   K136
Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.
(T)
   K119 10
Wastes from the decantor in the production of linuron.
(I,C,T)
   K120 [10]
Wastes from the spill control trap in production of linuron.
(I,T)
   K121 [10]
Wastewater from product filtration and water washing in the production of bromacil.
(T)

      K138 [11]
Spent catalyst and filter media from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
                                      (T)
      K149
Distillation bottoms from the production of alpha-(or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of these functional groups. (This waste does not include still bottoms from the distillation of benzyl chloride.)
                                      (T)
      K150
Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha-(or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.
                                      (T)
      K151
Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha-(or-methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.
                                      (T)
Inorganic chemicals:
   K071

Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used.
(T)
   K073
Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production.
(T)
   K106
Wastewater treatment sludge from the mercury cell process in chlorine production.
(T)
Pesticides:
   K031

By-product salts generated in the production of MSMA and cacodylic acid.
(T)
   K032
Wastewater treatment sludge from the production of chlordane.
(T)
   K033
Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.
(T)
   K034
Filter solids from the filtration of hexachloro-cyclopentadiene in the production of chlordane.
(T)
   K035
Wastewater treatment sludges generated in the production of creosote.
(T)
   K036
Still bottoms from toluene reclamation distillation in the production of disulfoton.
(T)
   K037
Wastewater treatment sludges from the production of disulfoton.
(T)
   K038
Wastewater from the washing and stripping of phorate production.
(T)
   K039
Filter cake from the filtration of diethylphosphoro-dithioic acid in the production of phorate.
(T)
   K040
Wastewater treatment sludge from the production of phorate.
(T)
   K041
Wastewater treatment sludge from the production of toxaphene.
(T)
   K042
Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T.
(T)
   K043
2,6-Dichlorophenol waste from the production of 2,4-D.
(T)
   K097
Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.
(T)
   K098
Untreated process wastewater from the production of toxaphene.
(T)
   K099
Untreated wastewater from the production of 2,4-D.
(T)
   K123
Process wastewater (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salts.
(T)
   K124
Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.
(C,T)
   K125
Purification solids (including filtration, evaporation, and centrifugation solids) from the production of ethylenebisdithiocarbamic acid and its salts.
(T)
   K126
Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.
(T)
   K131
Wastewater from the reactor and spent sulfuric acid from the acid drier from the production of methyl bromide.
(C,T)
   K132
Spent adsorbent and wastewater separator solids from the production of methyl bromide.
(T)
Explosives:
   K044

Wastewater treatment sludges from the manufacturing and processing of explosives.
(R)
   K045
Spent carbon from the treatment of wastewater containing explosives.
(R)
   K046
Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds.
(T)
   K047
Pink/red water from TNT operations.
(R)
Petroleum refining:
   K048

Dissolved air flotation (DAF) float from the petroleum refining industry.
(T)
   K049
Slop oil emulsion solids from the petroleum refining industry.
(T)
   K050
Heat exchanger bundle cleaning sludge from the petroleum refining industry.
(T)
   K051
API separator sludge from the petroleum refining industry.
(T)
   K052
Tank bottoms (leaded) from the petroleum refining industry.
(T)
Iron and steel:
   K061

Emission control dust/sludge from the primary production of steel in electric furnaces.
(T)
   K062
Spent pickle liquor from steel finishing operations.
(C,T)
Primary copper:
   K064

Acid plant blowdown slurry/sludge resulting from the thickening of blowdown slurry from primary copper production.
(T)
Primary lead:
   K065

Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities.
(T)
Primary zinc:
   K066

Sludge from treatment of process wastewater and/or acid plant blowdown from primary zinc production.
(T)
Primary aluminum:
   K088

Spent potliners from primary aluminum reduction.
(T)
Ferroalloys:
   K090

Emission control dust or sludge from ferrochromiumsilicon production.
(T)
   K091
Emission control dust or sludge from ferrochromium production.
(T)
Secondary lead:
   K069

Emission control dust/sludge from secondary lead smelting.
(T)
   K100
Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.
(T)
Veterinary pharmaceuticals:

   K084
Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.
(T)
   K101
Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.
(T)
   K102
Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.
(T)
Ink formulation:
   K086

Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.
(T)
Coking:
   K060

Ammonia still lime sludge from coking operations.
(T)
   K087
Decanter tank tar sludge from coking operations.
(T)
   K141
Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the proudction of coke from coal or the recovery of coke byproducts produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).
                                      (T)
   K142
Tar storage tank residues from the production of coke from coal or from the recovery of coke byproducts produced from coal.
                                      (T)
   K143
Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters and wash oil recovery units from the recovery of coke byproducts produced from coal.
                                      (T)
   K144
Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke byproducts produced from coal.
                                      (T)
   K145
Residues from naphthalene collection and recovery operations from the recovery of coke byproducts produced from coal.
                                      (T)
   K147
Tar storage tank residues from coal tar refining
                                      (T)
   K148
Residues from coal tar distillation, including, but not limited to, still bottoms.

                                      (T)

Hazard Codes:

Ingitable Waste			(I)
Corrosive Waste			(C)
Reactive Waste			(R)
Toxicity Characteristic Waste		(E)
Acute Hazardous Waste		(H)
Toxic Waste				(T)
______________________________________________________________________________

(4)	Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded, when they are mixed with other material and applied to the land for dust supression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel:

(a)	Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section.

(b)	Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraphs (e) or (f) of this section.

(c)	Any residue remaining in a container or an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, unless the container is empty as defined in Section 3(A)(7) of this Chapter. Containers which have contained medicinal nitroglycerin are considered empty if they meet the provisions of Section 3(A)(7)(a) and (b).

(d)	Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commmercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section.

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NOTE: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . ." refers to a chemical substance manufactured or formulated for commercial or manufacturing use which consists of: (1) the commercially pure grade of the chemical, (2) any technical grades of the chemical that are produced or marketed, (3) any formulations in which the P or U listed chemical is the sole active ingredient regardless of the percent composition, or (4) effective Janaury 1, 1995, any formulations in which the P listed chemical is an active ingredient of 10% or more. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraphs (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraphs (e) or (f), such waste will be listed in either Section 3(C)(2) or Section 3(C)(3) or will be identified as a hazardous waste by the characteristics set forth in Section 3(B) of this rule.

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

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

	These wastes and their corresponding EPA Hazardous Waste Numbers are:

--------------------------------------------------------------------------------
Hazardous
--------------------------------------------------------------------------------
Waste
--------------------------------------------------------------------------------
Number	Substance

P023	Acetaldehyde, chloro-
P002	Acetamide, N-(aminothioxomethyl)-
P057	Acetamide, 2-fluoro-
P058	Acetic acid, fluoro-, sodium salt
P002	1-Acetyl-2-thiourea
P003	Acrolein
P124	Actinomycin D*
P070	Aldicarb
P004	Aldrin
P005	Allyl alcohol
P006	Aluminum phosphide (R,T)
P007	5-(Aminomethyl)-3-isoxazolol
P008	4-Aminopyridine
P009	Ammonium picrate (R)
P119	Ammonium vanadate
P125	Antimony, when in the form of particles 100 microns or less*
P099	Argentate(1-), bis(cyano-C)-, potassium
P010	Arsenic acid H3AsO4
P012	Arsenic oxide As2O3
P011	Arsenic oxide As2O5
P011	Arsenic pentoxide
P012	Arsenic trioxide
P038	Arsine, diethyl
P036	Arsonous dichloride, phenyl-
P054	Aziridine
P067	Aziridine, 2-methyl-
P150	Azinphos ethyl*
P151	Azinphos methyl*
P013	Barium cyanide
P024	Benzenamine, 4-chloro-
P077	Benzenamine, 4-nitro-
P028	Benzene, (chloromethyl)-
P042	1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-,(R)-
P046	Benzeneethanamine, alpha, alpha-dimethyl-
P014	Benzenethiol
P001	2H-1-Benzopyran-2-one,4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concenentrations-greater than 0.3%
P028	Benzyl chloride
P015	Beryllium powder
P126	4,4'-Bipyridinium, 1,1'-dimethyl,dichloride*
P017	Bromoacetone
P018	Brucine
P045	2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[methylamino)carbonyl] oxime
P021	Calcium cyanide
P021	Calcium cyanide Ca(CN)2
P127	Carbamic acid, methyl-2,3-dihydro, 2,2-dimethyl-7-benzofuranyl ester*
P128	Carbamic acid, methyl, 4-dimethylamino-3, 5-xylyl ester*
P127	Carbofuran*
P022	Carbon bisulfide (another name for carbon disulfide)
P022	Carbon disulfide
P095	Carbonic dichloride
P095	Carbonyl chloride (alternative name for phosgene)
P023	Chloroacetaldehyde
P024	p-Chloroaniline
P133	Chloroethanol*
P143	Chlorofenvinphos*
P129	Chlorine*
P026	1-(o-Chlorophenyl)thiourea
P027	3-Chloropropionitrile
P029	Copper cyanide
P029	Copper cyanide Cu(CN)
P130	Coumaphos*
P131	Coumarin,3-chloro-7 hydroxy-4-methyl,0-ester with 0,0-diethyl phosphorothioate*
P131	Crotonic acid, 3-hydroxy-,methyl ester, dimethyl phosphate (E)*
P030	Cyanides (soluble cyanide salts), not otherwise specified
P031	Cyanogen
P033	Cyanogen chloride
P033	Cyanogen chloride (CN)Cl
P034	2-Cyclohexyl-4,6-dinitrophenol
P134	Cycloheximide*
P155	Demeton*
P144	Dichlorvos*
P146	Dicrotophos*
P016	Dichloromethyl ether
P036	Dichlorophenylarsine
P037	Dieldrin
P132	Diethylamine, 2,2'-dichloro-N-methyl-*
P039	0,0-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate* (another name for Disulfoton)
P038	Diethylarsine
P041	Diethyl-p-nitrophenyl phosphate
P040	O,O-Diethyl O-pyrazinyl phosphorothioate
P043	Diisopropylfluorophosphate (DFP)
P004	1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha, 8alpha, 8abeta)-
P060	1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-
P037	2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)-
P051	2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta,7aalpha)-, & metabolites
P044	Dimethoate
P046	alpha,alpha-Dimethylphenethylamine
P047	4,6-Dinitro-o-cresol, & salts
P034	4,6-Dinitro-o-cyclohexylphenol (another name for 2-Cyclohexyl-4,6-dinitrophenol)
P048	2,4-Dinitrophenol
P020	Dinoseb
P153	Dioxathion*
P085	Diphosphoramide, octamethyl-
P111	Diphosphoric acid, tetraethyl ester
P039	Disulfoton
P049	Dithiobiuret
P050	Endosulfan
P088	Endothall
P051	Endrin
P051	Endrin, & metabolites
P042	Epinephrine
P141	EPN*
P046	Ethanamine, 1,1-dimethyl-2-phenyl- (alternative name for alpha, alpha-Dimethylphenethylamine)
P031	Ethanedinitrile
P066	Ethanimidothioic acid, N-[[methylamino) carbonyl]oxy]-,methyl ester
P154	Ethion*
P101	Ethyl cyanide
P054	Ethyleneimine
P097	Famphur
P156	Fensulfothion*
P056	Fluorine
P057	Fluoroacetamide
P058	Fluoroacetic acid, sodium salt
P065	Fulminic acid, mercury (2+) salt (R,T)
P134	Glutarimide,3-(2-(3,5-dimethyl-2-oxocyclohexyl)-2 hydroxyethyl)*
P059	Heptachlor
P062	Hexaethyl tetraphosphate
P135	Hydantoin, 5,5-diphenyl-*
P136	Hydantoin, 5,5-diphenyl-monosodium salt*
P116	Hydrazinecarbothioamide
P068	Hydrazine, methyl-
P063	Hydrocyanic acid
P063	Hydrogen cyanide
P096	Hydrogen phosphide
P137	Hydroquinone*
P060	Isodrin
P138	Isonicotinic acid hydrazide*
P007	3(2H)-Isoxazolone, 5-(aminomethyl)-
P140	Leptophos*
P092	Mercury, (acetato-0)phenyl-
P065	Mercury fulminate (R,T)
P082	Methanamine, N-methyl-N-nitroso-
P064	Methane, isocyanato-
P016	Methane, oxybis[chloro-
P112	Methane, tetranitro- (R)
P118	Methanethiol, trichloro-
P050	6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide
P059	4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro-
P066	Methomyl
P068	Methyl hydrazine
P064	Methyl isocyanate
P069	2-Methyllactonitrile
P071	Methyl parathion
P131	Mevinphos*
P128	Mexacarbate*
P147	Monocrotophos*
P158	Mustard gas
P072	alpha-Naphthylthiourea
P073	Nickel carbonyl
P073	Nichol carbonyl Ni(CO)4 (T-4)-
P074	Nichol cyanide
P074	Nickel cynaide Ni(CN)2
P075	Nicotine, & salts
P076	Nitric oxide
P077	p-Nitroaniline
P078	Nitrogen dioxide
P132	Nitrogen mustard*
P076	Nitrogen oxide NO
P078	Nitrogen oxide NO2
P081	Nitroglycerine (R)(T*)
P082	N-Nitrosodimethylamine
P084	N-Nitrosomethylvinylamine
P085	Octamethylpyrophosphoramide
P087	Osmium oxide OsO4 (T-4)-
P087	Osmium tetroxide
P088	7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
P157	Oxydemeton-Methyl*
P126	Paraquat*
P089	Parathion
P034	Phenol,2-cyclohexyl-4,6-dinitro-
P048	Phenol, 2,4-dinitro-
P047	Phenol, 2-methyl-4,6-dinitro-, & salts
P020	Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009	Phenol, 2,4,6-trinitro-, ammonium salt (R)
P092	Phenylmercury acetate
P093	Phenylthiourea
P135	Phenytoin*
P136	Phenytoin sodium*
P152	Phosmet*
P094	Phorate
P142	Phosacetim*
P095	Phosgene
P145	Phosphamidon
P096	Phosphine
P139	Phosphonic acid, (2,2,2-thrichloro-1, hydroxyethyl)-, dimethyl ester*
P140	Phosphonothioic acid, phenyl-0-(4-bromo-2,5-dichlorophenyl) 0-methyl ester*
P141	Phosphorothioic acid, phenyl-,0-ethyl 0-(p-nitrophenyl) ester*
P142	Phosphoramidiothioic acid, acetimidoyl-,0,0-bis(p-chlorophenyl) ester*
P143	Phosphoric acid, 2-chloro-1-(2,4-dichlorophenyl) vinyl diethyl ester*
P144	Phosphoric acid, 2,2-dichlorovinyl dimethyl ester*
P041	Phosphoric acid, diethyl 4-nitrophenyl ester
P145	Phosphoric acid, dimethyl ester, ester with 2-chloro-N,N-diethyl-3-hydroxycrotonamide*
P146	Phosphoric acid, dimethyl ester, ester with (E)-3-hydroxy-N,N-dimethylcrotonamide*
P147	Phosphoric acid, dimethyl ester, ester with (E)-3-hydroxy-N, methyl-crotonamide*
P148	Phosphorodithioic acid, S-(((p-chlorophenyl)thio)-methyl) 0,0-diethyl ester*
P039	Phosphorodithioic acid, 0,0-diethyl S-[2-(ethylthio)ethyl] ester
P094	Phosphorodithioic acid, 0,0-diethyl S-[ethylthio)methyl]ester
P149	Phosphorodithioic acid, 0,0-diethyl-S-(((1,1-dimethylethyl)thio) methyl)ester*
P154	Phosphorodithioic acid, S,S'-methylene 0,0,0',0'-tetraethyl ester**
P150	Phosphorodithioic acid, 0,0-diethyl ester, S-ester with 3-(mercaptomethyl)-1,2,3-benzotriazin-4(3H)-one*
P151	Phosphorodithioic acid, 0,0-dimethyl ester, S-ester with 3-(mercaptomethyl)-1,2,3-benzotriazin-4(3H)-one*
P152	Phosphorodithioic acid, 0,0-dimethyl ester, S-ester with N-(mercaptomethyl) phthalimide*
P153	Phosphorodithioic acid, S,S'-p-dioxane-2,3-diyl 0,0,0',0'-tetra-ethyl ester*
P155	Phosphorothioic acid, 0,0-diethyl 0-(2-(ethylthio)ethyl) ester, mixed with 0-0-diethyl S-(2-(ethylthio)ethyl) ester 7:3)*
P156	Phosphorothioic acid, 0,0-diethyl 0-(p-methyl sulfinyl)phenyl) ester*
P044	Phosphorodithioic acid, 0,0-dimethyl S-[2-methylamino)-2-oxoethyl] ester
P043	Phosphorofluoridic acid, bis(1-methylethyl) ester
P089	Phosphorothioic acid, 0,0-diethyl 0-(4-nitrophenyl) ester (T*)
P040	Phosphorothioic acid, 0,0-diethyl 0-pyrazinyl ester
P157	Phosphorothioic acid, S-(2-(ethyl-sulfinyl)ethyl)0,0-dimethyl ester*
P097	Phosphorothioic acid, 0-[4-[(dimethylamino)sulfonyl]phenyl] 0,0-dimethyl ester
P071	Phosphorothioic acid, 0,0,-dimethyl 0-(4-nitrophenyl) ester
P110	Plumbane, tetraethyl-
P098	Potassium cyanide
P098	Potassium cyanide K(CN)
P099	Potassium silver cyanide
P070	Propanal, 2-methyl-2-(methylthio)-,0-[(methylamino)carbonyl]oxime
P101	Propanenitrile
P027	Propanenitrile, 3-chloro-
P069	Propanenitrile, 2-hydroxy-2-methyl-
P081	1,2,3-Propanetriol, trinitrate (R) (T*)
P017	2-Propanone, 1-bromo-(T*)
P102	Propargyl alcohol
P003	2-Propenal
P005	2-Propen-1-0l
P067	1,2-Propylenimine
P102	2-Propyn-1-0l
P008	4-Pyridinamine
P075	Pyridine, 3-(1-methyl-2-pyrrolidinyl)-,(S)-, & salts (T*)
P114	Selenious acid, dithallium(1+) salt
P103	Selenourea
P104	Silver cyanide
P104	Silver cyanide Ag(Cn)
P105	Sodium azide
P106	Sodium cyanide
P106	Sodium cyanide Na(CN)
P108	Strychnidin-10-one, & salts (T*)
P018	Strychnidin-10-one, 2,3-dimethoxy-
P108	Strychnine, & salts (T*)
P158	Sulfide, bis (2-chloro-ethyl)-*
P115	Sulfuric acid, dithallium (1+) salt
P149	Terbufos*
P109	Tetraethyldithiopyrophosphate
P110	Tetraethyl lead
P111	Tetraethyl pyrophosphate
P112	Tetranitromethane (R)
P062	Tetraphosphoric acid, hexaethyl ester
P113	Thallic oxide
P113	Thallium oxide Tl203
P114	Thallium(l) selenite
P115	Thallium(l) sulfate
P109	Thiodiphosphoric acid, tetraethyl ester
P045	Thiofanox
P049	Thioimidodicarbonic diamide [(H2N)C(S)]2NH
P014	Thiophenol
P116	Thiosemicarbazide
P026	Thiourea, (2-chlorophenyl)-
P072	Thiourea, 1-naphthalenyl-
P093	Thiourea, phenyl-
P123	Toxaphene
P139	Trichlorfon
P118	Trichloromethanethiol
P119	Vanadic acid, ammonium salt
P120	Vanadium oxide V205
P120	Vanadium pentoxide
P084	Vinylamine, N-methyl-N-nitroso-
P001	Warfarin, & salts, when present at concentrations greater than 0.3%
P121	Zinc cyanide
P121	Zinc cyanide Zn(CN)2
P122	Zinc phosphide Zn3P2, when present at concentrations greater than 10% (R,T)
______________________________________________________________________________
*49 FR 49792, December 21, 1984, Proposed Rule.

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

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

	These wastes and their corresponding EPA Hazardous Waste Numbers are:

--------------------------------------------------------------------------------
Hazardous
--------------------------------------------------------------------------------
Waste
--------------------------------------------------------------------------------
Number	Substance

U001	Acetaldehyde (I)
U034	Acetaldehyde, trichloro-
U187	Acetamide, N-(4-ethoxyphenyl)-
U005	Acetamide, N-9H-fluoren-2-yl-
U240	Acetic acid, (2,4-dichlorophenoxy)-,salts & esters
U112	Acetic acid ethyl ester (I)
U144	Acetic acid, lead(2+)salt
U214	Acetic acid, thallium (1+) salt
see F027	Acetic acid, (2,4,5-trichlorophenoxyl)-
U002	Acetone (I)
U003	Acetonitrile (I,T)
U004	Acetophenone
U005	2-Acetylaminofluorene
U006	Acetyl chloride (C,R,T)
U007	Acrylamide
U008	Acrylic acid (I)
U009	Acrylonitrile
U011	Amitrole
U012	Aniline (I,T)
U136	Arsinic acid, dimethyl-
U014	Auramine
U015	Azaserine
                     U010	Azirino[2',3':3,4]pyrrolo[1,2-a] indole-4,7-dione, 6-amino-8-[[(aminocarbonyl) oxy]methyl]-l,la,2,8,8a,8b- hexahydro-8a-methoxy-5-methyl-,[1aS-(1aalpha, 8beta,8aalpha,8balpha)]-
U157	Benz[j]aceanthrylene, l,2-dihydro-3-methyl-
U016	Benz[c]acridine
U017	Benzal chloride
U192	Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-	propynyl)-
U018	Benz[a]anthracene
U094	Benz[a]amthracene, 7,12-dimethyl-
U012	Benzenamine (I,T)
U014	Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl
U049	Benzenamine, 4-chloro-2-methyl-, hydrochloride
U093	Benzenamine, N,N-dimethyl-4-(phenylazo)-
U328	Benzenamine, 2-methyl-
U353	Benzenamine, 4-methyl-
U158	Benzenamine, 4,4'-methylenebis[2-chloro-
U222	Benzenamine, 2-methyl-,hydrochloride
U181	Benzenamine, 2-methyl-5-nitro-
U019	Benzene (I,T)
                     U038	Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester
U030	Benzene, 1-bromo-4-phenoxy-
U035	Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-
U037	Benzene, chloro-
U221	Benzenediamine, ar-methyl-
U028	1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester
U069	1,2-Benzenedicarboxylic acid, dibutyl ester
U088	1,2-Benzenedicarboxylic acid, diethyl ester
U102	1,2-Benzenedicarboxylic acid, dimethyl ester
U107	1,2-Benzenedicarboxylic acid, dioctyl ester
U070	Benzene, 1,2-dichloro-
U071	Benzene, 1,3-dichloro-
U072	Benzene, 1,4-dichloro-
U060	Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro
U017	Benzene, (dichloromethyl)-
U223	Benzene, 1,3,-diisocyanatomethyl-(R,T)
U239	Benzene, dimethyl-(I,T)
U201	1,3-Benzenediol
U127	Benzene, hexachloro-
U056	Benzene, hexahydro-(I)
U220	Benzene, methyl-
U105	Benzene, 1-methyl-2,4-dinitro-
U106	Benzene, 2-methyl-1,3-dinitro-
U055	Benzene, (l-methylethyl)-(I)
U169	Benzene, nitro-
U183	Benzene, pentachloro-
U185	Benzene, pentachloronitro-
U020	Benzenesulfonic acid chloride (C,R)
U020	Benzenesulfonyl chloride (C,R)
U207	Benzene, l,2,4,5-tetrachloro-
U061	Benzene,1,1'-(2,2,2-	trichloroethylidene)bis[4-chloro
U247	Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-
U023	Benzene, (trichloromethyl)-
U234	Benzene, l,3,5-trinitro-
U021	Benzidine
U202	l,2-Benzisothiazol-3(2H)-one, l,l-dioxide, & salts
U203	1,3-Benzodioxole, 5-(2-propenyl)-
U141	1,3-Benzodioxole, 5-(1-propenyl)-
U090	1,3-Benzodioxole, 5-(1-propyl-
U084	Benzo[rst]pentaphene
U248	2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-	phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less
U022	Benzo(a)pyrene
U197	p-Benzoquinone
U023	Benzotrichloride (C,R,T)
U085	2,2'-Bioxirane
U021	(l,l'-Biphenyl)-4,4'-diamine
U073	(l,l'-Biphenyl)-4,4'-diamine, 3,3'-dichloro-
U091	(l,l'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy-
U095	(l,l'-Biphenyl)-4,4'- diamine, 3,3'-dimethyl-
U354	Bromacil*
U354	5-Bromo-3-sec-butyl-6-methyluracil*
U225	Bromoform
U030	4-Bromophenyl phenyl ether
U128	l,3-Butadiene, 1,1,2,3,4, 4-hexachloro-
U172	l-Butanamine, N-butyl-N-nitroso-
U031	1-Butanol (I)
U150	2-Butanone (I,T)
U160	2-Butanone, peroxide (R,T)
U053	2-Butenal
U074	2-Butene, l,4-dichloro- (I,T)
U143	2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy][methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester,[1S-[1 alpha(Z),7(2S*,3R*),7aalpha]]-
U031	n-Butyl alcohol (I)
U136	Cacodylic acid
U032	Calcium chromate
U238	Carbamic acid, ethyl ester
U178	Carbamic acid, methylnitroso-, ethyl ester
U097	Carbamic chloride, dimethyl-
U114	Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters
U062	Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester
U215	Carbonic acid, dithallium (1+) salt
U033	Carbonic difluoride
U156	Carbonochloridic acid, methyl ester (I,T)
U033	Carbon oxyfluoride (R,T)
U211	Carbon tetrachloride
U034	Chloral
U035	Chlorambucil
U036	Chlordane, alpha & gamma isomers
U026	Chlornaphazin
U037	Chlorobenzene
U038	Chlorobenzilate
U039	p-Chloro-m-cresol
U042	2-Chloroethyl vinyl ether
U044	Chloroform
U046	Chloromethyl methyl ether
U047	beta-Chloronaphthalene
U048	o-Chlorophenol
U049	4-Chloro-o-toluidine, hydrochloride
U032	Chromic acid H2CrO4, calcium salt
U050	Chrysene
U051	Creosote
U052	Cresol(Cresylic acid)
U053	Crotonaldehyde
U055	Cumene (I)
U246	Cyanogen bromide (CN)Br
U197	2,5-Cyclohexadiene-1,4-dione
U056	Cyclohexane (I)
                     U129	Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1alpha,2alpha,3beta,4alpha,5alpha,6beta)-
U057	Cyclohexanone (I)
U130	1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
U058	Cyclophosphamide
U240	2,4-D, salts & esters
U059	Daunomycin
U060	DDD
U061	DDT
U062	Diallate
U063	Dibenz[a,h]anthracene
U064	Dibenzo[a,i]pyrene
U066	1,2-Dibromo-3-chloropropane
U069	Dibutyl phthalate
U070	o-Dichlorobenzene
U071	m-Dichlorobenzene
U072	p-Dichlorobenzene
U073	3,3'-Dichlorobenzidine
U074	l,4-Dichloro-2-butene (I,T)
U075	Dichlorodifluoromethane
U078	l,l-Dichloroethylene
U079	l,2-Dichloroethylene
U025	Dichloroethyl ether
U027	Dichloroisopropyl ether
U024	Dichloromethoxy ethane
U081	2,4-Dichlorophenol
U082	2,6-Dichlorophenol
U355	N'(3,4-dichlorophenyl)-N-methoxy-N-methylurea*
U084	1,3-Dichloropropene
U085	1,2:3,4-Diepoxybutane (I,T)
U108	1,4-Diethyleneoxide (alternative name for 1,4-Diethylene dioxide)
U028	Diethylhexyl phthalate
U086	N,N-Diethylhydrazine
U087	O,O-Diethyl-S-methyl- dithiophosphate
U088	Diethyl phthalate
U089	Diethylstilbesterol
U090	Dihydrosafrole
U091	3,3'-Dimethoxybenzidine
U092	Dimethylamine (I)
U093	p-Dimethylaminoazobenzene
U094	7,12-Dimethylbenz[a]anthracene
U095	3,3'-Dimethylbenzidine
U096	alpha,alpha-Dimethylbenzylhydroperoxide (R)
U097	Dimethylcarbamoyl chloride
U098	1,1-Dimethylhydrazine
U099	1,2-Dimethylhydrazine
U101	2,4-Dimethylphenol
U102	Dimethyl phthalate
U103	Dimethyl sulfate
U105	2,4-Dinitrotoluene
U106	2,6-Dinitrotoluene
U107	Di-n-octyl phthalate
U108	1,4-Dioxane
U109	1,2-Diphenylhydrazine
U110	Dipropylamine (I)
U111	Di-N-propylnitrosamine
U041	Epichlorohydrin
U001	Ethanal (I)
U174	Ethanamine, N-ethyl-N-nitroso-
U155	1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienyl methyl)
U067	Ethane, 1,2-dibromo-
U076	Ethane, 1,1-dichloro-
U077	Ethane, 1,2-dichloro-
U131	Ethane, hexachloro-
U024	Ethane, 1,1'-[methylenebis(oxy)]bis [2-chloro-
U117	Ethane, 1,1'-oxybis-(I)
U025	Ethane, 1,1'-oxybis[2-chloro-]
U184	Ethane, pentachloro-
U208	Ethane, 1,1,1,2-tetrachloro-
U209	Ethane, 1,1,2,2-tetrachloro-
U218	Ethanethioamide
U226	Ethane, 1,1,1-trichloro-
U227	Ethane, 1,1,2-trichloro-
U359	Ethanol, 2-ethoxy-
U173	Ethanol, 2,2'-(nitrosoimino)bis-
U004	Ethanone, 1-phenyl-
U043	Ethene, chloro-
U042	Ethene, 2-chloroethoxy-
U078	Ethene, 1,1-dichloro-
U079	Ethene, 1,2-dichloro-, (E)-
U210	Ethene, tetrachloro-
U228	Ethene, trichloro-
U112	Ethyl acetate (I)
U113	Ethyl acrylate (I)
U238	Ethyl carbamate (urethane)
U117	Ethyl ether (I)
U114	Ethylenebisdithiocarbamic acid, salts & esters
U067	Ethylene dibromide
U077	Ethylene dichloride
U359	Ethylene glycol monoethyl ether
U115	Ethylene oxide (I,T)
U116	Ethylenethiourea
U076	Ethylidene dichloride
U118	Ethyl methacrylate
U119	Ethyl methanesulfonate
U139	Ferric dextran
U120	Fluoranthene
U122	Formaldehyde
U123	Formic acid (C,T)
U124	Furan (I)
U125	2-Furancarboxaldehyde (I)
U147	2,5-Furandione
U213	Furan, tetrahydro-(I)
U125	Furfural (I)
U124	Furfuran (I)
U206	Glucopyranose, 2-deoxy-2- (3-methyl-3-nitrosoureido)-, D-
U206	D-Glucose, 2-deoxy-2-[[methylnitrosoamino)-carbonyl]amino]-
U126	Glycidylaldehyde
U163	Guanidine, N-methyl-N'-nitro-N-nitroso-
U127	Hexachlorobenzene
U128	Hexachlorobutadiene
U130	Hexachlorocyclopentadiene
U131	Hexachloroethane
U132	Hexachlorophene
U243	Hexachloropropene
U133	Hydrazine (R,T)
U086	Hydrazine, 1,2-diethyl-
U098	Hydrazine, 1,1-dimethyl-
U099	Hydrazine, 1,2-dimethyl-
U109	Hydrazine, 1,2-diphenyl-
U134	Hydrofluoric acid (C,T)
U134	Hydrogen fluoride (C,T)
U135	Hydrogen sulfide
U135	Hydrogen sulfide H2S
U096	Hydroperoxide, 1-methyl- 1-phenylethyl- (R)
U136	Hydroxydimethylarsine oxide
U116	2-Imidazolidinethione
U137	Ideno[1,2,3-cd]pyrene
U139	Iron dextran
U190	1,3-Isobenzofurandione
U140	Isobutyl alcohol (I,T)
U141	Isosafrole
U142	Kepone
U143	Lasiocarpine
U144	Lead acetate
U146	Lead,bis(acetato-O)tetrahydroxy-tri-
U145	Lead phosphate
U146	Lead subacetate
U129	Lindane
U355	Linuron*
U163	MNNG
U147	Maleic anhydride
U148	Maleic hydrazide
U149	Malononitrile
U150	Melphalan
U151	Mercury
U152	Methacrylonitrile (I,T)
U092	Methanamine, N-methyl- (I)
U029	Methane, bromo-
U045	Methane, chloro- (I, T)
U046	Methane, chloromethoxy-
U068	Methane, dibromo-
U080	Methane, dichloro-
U075	Methane, dichlorodifluoro-
U138	Methane, iodo-
U119	Methanesulfonic acid, ethyl ester
U211	Methane, tetrachloro-
U153	Methanethiol (I,T)
U225	Methane, tribromo-
U044	Methane, trichloro-
U121	Methane, trichlorofluoro-
U036	4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octach-loro-2,3,3a,4,7,7a-hexahydro-
U154	Methanol (I)
U155	Methapyrilene
U142	1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one,1a,3,3a,4,5,5,5a,5b,6-decachloro-octahydro-
U247	Methoxychlor
U154	Methyl alcohol (I)
U029	Methyl bromide
U186	1-Methylbutadiene (I)
U045	Methyl chloride (I,T)
U156	Methyl chlorocarbonate (I,T)
U226	Methyl chloroform
U157	3-Methylcholanthrene
U158	4,4'-Methylenebis(2-chloroaniline)
U068	Methylene bromide
U080	Methylene chloride
U159	Methyl ethyl ketone (MEK)(I,T)
U160	Methyl ethyl ketone peroxide (R T)
U138	Methyl iodide
U161	Methyl isobutyl ketone (I)
U162	Methyl methacrylate (I,T)
U161	4-Methyl-2-pentanone (I)
U164	Methylthiouracil
U010	Mitomycin C
U059	5,12-Naphthacenedione, 8-acetyl-10-[(3- amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-tri- hydroxy-1-methoxy-, (8S-cis)-
U167	1-Naphthylamine
U168	2-Naphthylamine
U026	Naphthylamine, N,N'-bis(2-chloroethyl)-
U165	Naphthalene
U047	Naphthalene, 2-chloro-
U166	l,4-Naphthalenedione
U236	2,7-Naphthalenedisulfonic acid, 3,3'-[3,3'-dimethyl [1,1'-biphenyl]-4,4'-diyl)] bis(azo)bis[5-amino-4- hydroxy]-,tetrasodium salt
U166	1,4-Naphthoquinone
U167	alpha-Naphthylamine
U168	beta-Naphthylamine
U217	Nitric acid, thallium(1+) salt
U169	Nitrobenzene (I,T)
U170	p-Nitrophenol
U171	2-Nitropropane (I,T)
U172	N-Nitrosodi-n-butylamine
U173	N-Nitrosodiethanolamine
U174	N-Nitrosodiethylamine
U176	N-Nitroso-N-ethylurea
U177	N-Nitroso-N-methylurea
U178	N-Nitroso-N-methylurethane
U179	N-Nitrosopiperidine
U180	N-Nitrosopyrrolidine
U181	5-Nitro-o-toluidine
U193	1,2-Oxathiolane, 2,2-dioxide
U058	2H,-l,3,2-Oxazaphosphorin- 2-amine, N,N-bis(2-chloroethyl)tetrahydro-,2-oxide
U115	Oxirane (I,T)
U126	Oxiranecarboxyaldehyde
U041	Oxirane, (chloromethyl)-
U182	Paraldehyde
U183	Pentachlorobenzene
U184	Pentachloroethane
U185	Pentachloronitrobenzene(PCNB)
See F027 	Pentachlorophenol
U161	Pentanol,4-methyl-
U186	1,3-Pentadiene (I)
U187	Phenacetin
U188	Phenol
U048	Phenol, 2-chloro-
U039	Phenol, 4-chloro-3-methyl-
U081	Phenol, 2,4-dichloro-
U082	Phenol, 2,6-dichloro-
U089	Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-,(E)-
U101	Phenol, 2,4-dimethyl-
U052	Phenol, methyl-
U132	Phenol, 2,2'-methylenebis[3,4,6-trichloro
U170	Phenol, 4-nitro-
See F027	Phenol, pentachloro-
See F027	Phenol, 2,3,4,6-tetrachloro-
See F027	Phenol, 2,4,5-trichloro-
See F027	Phenol, 2,4,6-trichloro-
U150	L-Phenylalanine, 4-bis(2-chloroethyl)amino]-
U145	Phosphoric acid, lead (2+) salt(2:3)
U087	Phosphorodithioic acid, 0,0-diethyl S-methyl ester
U189	Phosphorous sulfide (R)
U190	Phthalic anhydride
U191	2-Picoline
U179	Piperidine, 1-nitroso-
U192	Pronamide
U194	1-Propanamine (I,T)
U111	1-Propanamine, N-nitroso-N-propyl-
U110	1-Propanamine, N-propyl- (I)
U066	Propane, l,2-dibromo-3-chloro-
U083	Propane, 1,2-dichloro-
U149	Propanedinitrile
U171	Propane, 2-nitro- (I,T)
U027	Propane, 2,2'oxybis[2-chloro-
U193	l,3-Propane sultone
See F027	Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
U235	l-Propanol, 2,3-dibromo-, phosphate (3:l)
U140	1-Propanol, 2-methyl- (I,T)
U002	2-Propanone (I)
U007	2-Propenamide
U084	1-Propene, 1,3-dichloro-
U243	1-Propene, 1,1,2,3,3,3-hexachloro-
U009	2-Propenenitrile
U152	2-Propenenitrile, 2-methyl- (I,T)
U008	2-Propenoic acid (I)
U113	2-Propenoic acid, ethyl ester (I)
U118	2-Propenoic acid, 2-methyl-, ethyl ester
U162	2-Propenoic acid, 2-methyl-,methyl ester (I,T)
U194	n-Propylamine (I,T)
U083	Propylene dichloride
U148	3,6-Pyridazinedione, 1,2-dihydro-
U196	Pyridine
U191	Pyridine, 2-methyl-
U237	2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloro-ethyl)amino]-
U164	4(lH)-Pyrimidinone, 2,3-di hydro-6-methyl-2-thioxo-
U180	Pyrrolidine, 1-nitroso-
U200	Reserpine
U201	Resorcinol
U202	Saccharin, and salts
U203	Safrole
U204	Selenious acid
U204	Selenium dioxide
U205	Selenium sulfide
U205	Selenium sulfide SeS2 (R,T)
U015	L-Serine, diazoacetate (ester)
See F027	Silvex (2,4,5-TP)
U206	Streptozotocin
U103	Sulfuric acid, dimethyl ester
U189	Sulfur phosphide (R)
See F027	2,4,5-T
U207	l,2,4,5-Tetrachlorobenzene
U208	l,l,l,2-Tetrachloroethane
U209	1,1,2,2-Tetrachloroethane
U210	Tetrachloroethylene
See F027	2,3,4,6-Tetrachlorophenol
U213	Tetrahydrofuran (I)
U214	Thallium acetate
U215	Thallium carbonate
U216	Thallium chloride
U216	Thallium chloride TlCl
U217	Thallium nitrate
U218	Thioacetamide
U153	Thiomethanol (I,T)
U244	Thioperoxydicarbonic diamide [(H2N)C(S)]2S2,tetramethyl-
U219	Thiourea
U244	Thiram
U220	Toluene
U221	Toluenediamine
U223	Toluene diisocyanate (R,T)
U328	o-Toluidine
U353	p-Toluidine
U222	o-Toluidine hydrochloride
U011	1H-l,2,4-Triazol-3-amine
U227	l,l,2-Trichloroethane
U228	Trichloroethylene
U121	Trichloromonofluoromethane
See F027	2,4,5- Trichlorophenol
See F027	2,4,6- Trichlorophenol
U234	1,3,5-Trinitrobenzene (R,T)
U182	l,3,5-Trioxane, 2,4,6-Trimethyl-
U235	Tris(2,3-dibromopropyl) phosphate
U236	Trypan blue
U237	Uracil mustard
U176	Urea, N-ethyl-N-nitroso-
U177	Urea, N-methyl-N-nitroso-
U043	Vinyl chloride
U248	Warfarin, & salts, when present at concentrations of 0.3% or less
U239	Xylene (I)
U200	Yohimban-16-carboxylic acid, 11,17-dimethoxy-18[(3,4,5-trimethoxybenzoyl)oxy]- methyl ester(3beta,16beta,17alpha,18beta,20alpha)-
U249	Zinc phosphide Zn3P2, when present at concentrations of 10% or less

* 50 FR 18626, May 1, 1985 Proposed Rule

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

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

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

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

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

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

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

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

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

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

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

(9)	such other factors as may be appropriate.
                                  APPENDIX I:
                        REPRESENTATIVE SAMPLING METHODS

(Appendix I of this rule corresponds to Appendix I of 40 C.F.R. 261)

The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. Samples collected using the sampling protocols listed below, for sampling waste with properties similar to the indicated materials, will be considered by the Agency [EPA] to be representative of the waste.

   Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered material--ASTM Standard D346-75 Soil or rock-like material--ASTM Standard D420-69 Soil-like material--ASTM Standard D1452-65

   Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA 19103]

   Containerized liquid wastes--"COLIWASA" described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"1 U.S. Environmental Protection Agency, Office of Land and Emergency Management, Washington, DC 20460, as published on July 1, 2005. .]

   Liquid waste in pits, ponds, lagoons, and similar reservoirs.--"Pond Sampler" described in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods."1

This manual also contains additional information on application of these protocols.

1These methods are also described in "Samplers and Sampling Procedures for Hazardous Waste Streams," EPA 600/2-80-018, January, 1980.

                                 APPENDIX II:

                                  METHOD 1311
               TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)

Test methods include those in federal regulations published on July 1, 2005, including 40 C.F.R. 260.11 which is incorporated by reference in Section 3(A)(2) of this Chapter. The TCLP is published in EPA Publication SW-846 "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods". Instructions for obtaining SW-846 can be found in Appendix III.

                 APPENDIX III: CHEMICAL ANALYSIS TEST METHODS

(Appendix III of this rule corresponds to Appendix III of 40 C.F.R. 261.)

Test methods include those in federal regulations published on July 1, 2005, including 40 C.F.R. 260.11 which is incorporated by reference in Section 3(A)(2) of this Chapter. EPA Publication SW-846 "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" as published July 1, 2005. shall be used in determining whether a sample contains a given toxic constituent.

Prior to final sampling and analysis method selection, the analyst should consult the specific section or method described in SW-846 for additional guidance on which of the approved methods should be employed for a specific sample analysis situation.

                             APPENDIX IV: RESERVED

                             APPENDIX V: RESERVED

                             APPENDIX VI: RESERVED

               APPENDIX VII: BASIS FOR LISTING HAZARDOUS WASTES

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--------------------------------------------------------------------------------
Hazardous
--------------------------------------------------------------------------------
Waste	Hazardous constituents
--------------------------------------------------------------------------------
Number	for which listed
--------------------------------------------------------------------------------

F001	Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons.
F002	Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chloro- benzene, 1,1,2-trichloro-1,2, 2-trifluoroethane, ortho-dichloro-benzene, trichlorofluoromethane.
F003	N.A.
F004	Cresols and cresylic acid, nitrobenzene.
F005	Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2-ethoxyethanol, benzene, 2-nitropropane
F006	Cadmium, hexavalent chromium, nickel, cyanide (complexed)
F007	Cyanide (salts)
F008	Cyanide (salts)
F009	Cyanide (salts)
F010	Cyanide (salts)
F011	Cyanide (salts)
F012	Cyanide (complexed)
F019	Hexavalent chromium, cyanide (complexed)
F020	Tetra- and pentachloro dibenzo-p-dioxins; tetra and pentachlorodibenzofurans; tri- and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts.
F021	Penta- and hexachlorodibenzo-p-dioxins; penta- and hexachlorodibenzofurans; pentachlorophenol and its derivatives
F022	Tetra-, penta-, and hexa- chlorodibenzo-p-dioxins; tetra-, penta, and hexachlorodibenzofurans
F023	Tetra-, and pentachlorodibenzo-p-dioxins; tetra- and pentachlorodibenzofurans; tri- and tetrachlorophenols and their chlorophenoxy de-rivative acids, esters, ethers, amine and other salts.
F024	Chloromethane, dichloro- methane, trichloromethane, carbon tetrachloride, chloroethylene, l,l-di- chloroethane, l,2-dichloro- ethane, trans-l-2-dichloro- ethylene, l,l-dichloro- ethylene, l,l,l-trichloro- ethane, l,l,2-trichloro- ethane, trichloroethylene, l,l,l,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, tetrachloroethylene, pentachloroethane, hexachloroethane, allyl chloride (3-chloropropene), dichloropropane, dichloropropene, 2-chloro-l,3-butadiene, hexachloro-l,3-butadiene, hexachlorocyclopentadiene, hexachlorocyclohexane, benzene, chlorobenzene, dichlorobenzenes, 1,2,4-trichlorobenzene, tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.