NDAC 33.1-24-02-16
Hazardous waste from nonspecific sources
Cite as N.D. Admin. Code ยง 33.1-24-02-16
1.
The following solid wastes are listed hazardous wastes from nonspecific sources unless they
are excluded under sections 33.1-24-01-06 and 33.1-24-01-08 and listed in appendix VI.
Hazardous
Waste No.
Hazardous
Waste
Hazard
Code
Generic:
F001
The following spent halogenated solvents used in degreasing:
tetrachloroethylene, trichloroethylene, methylene chloride,
1,1,1-trichloroethane, carbon tetrachloride, and chlorinated
fluorocarbons; all spent 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 spent solvents and
spent solvent mixtures.
(T)
F002
The following spent 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 spent
solvent mixtures/blends containing, before use, a total of ten
(T)
percent or more (by volume) of one or more of the above
halogenated solvents or those listed in F001, F004, or F005;
and still bottoms from the recovery of these spent solvents
and spent solvent mixtures.
F003
The following spent nonhalogenated solvents: xylene,
acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl
isobutyl ketone, n-butyl alcohol, cyclohexanone, and
methanol; all spent solvent mixtures/blends containing, before
use, only the above spent nonhalogenated solvents; and all
spent solvent mixtures/blends containing, before use, one or
more of the above nonhalogenated solvents, and, a total of
ten percent or more (by volume) of one or more of those
solvents listed in F001, F002, F004, and F005; and still
bottoms from the recovery of these spent solvents and spent
solvent mixtures.
(I)*
F004
The following spent nonhalogenated solvents: cresols and
cresylic acid, and nitrobenzene; all spent solvent
mixtures/blends containing, before use, a total of ten percent
or more (by volume) of the above nonhalogenated solvents or
those solvents listed in F001, F002, and F005; and still
bottoms from the recovery of these spent solvents and spent
solvent mixtures.
(T)
F005
The following spent nonhalogenated solvents: toluene, methyl
ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene,
2-ethoxyethanol, and 2-nitropropane; all spent solvent
mixtures/blends containing, before use, a total of ten percent
or more (by volume) of one or more of the above
nonhalogenated solvents or those solvents listed in F001,
F002, or F004; and still bottoms from the recovery of these
spent solvents and spent solvent mixtures.
(I, T)
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
process.
(R, T)
F009
Spent stripping and cleaning bath solutions from electroplating
operations where cyanides are used in the process.
(R, T)
F010
Quenching bath residue 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
(T)
treating operations where cyanides are used in the process.
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. Wastewater treatment
sludges from the manufacturing of motor vehicles using a zinc
phosphating process will not be subject to this listing at the
point of generation if the wastes are not placed outside on the
land prior to shipment to a landfill for disposal and are either:
disposed in a subtitle D municipal or industrial landfill unit that
is equipped with a single clay liner and is permitted, licensed
or otherwise authorized by the department; or disposed in a
landfill unit subject to, or otherwise meeting, the landfill
requirements in 40 CFR 258.40, section 33.1-24-05-177, or
subsection 5 of section 33.1-24-06-16. For the purposes of
this listing, motor vehicle manufacturing is defined in
paragraph 1 of subdivision d of subsection 2, and paragraph 2
of subdivision d of subsection 2, describes the recordkeeping
requirements for motor vehicle manufacturing facilities.
(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) or tri- or tetrachlorophenal, 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 materials 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 distillation residues, heavy ends,
tars, and reactor cleanout 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
(T)
wastewaters, wastewater treatment sludges, spent catalysts,
and wastes listed in section 33.1-24-02-16 or 33.1-24-02-17.)
F025
Condensed light ends, spent filters and filter aids, and spent
desiccant 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.
(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 environmental protection agency
hazardous waste numbers F020, F021, F022, F023, F026,
and F027.
(T)
*F032
Wastewaters (except those that have not come into contact
with process contaminants), process residuals, preservative
drippage, and spent formulations from wood preserving
processes generated at plants that currently use or have
previously used chlorophenolic formulations (except
potentially cross-contaminated wastes that have had the F032
waste code deleted in accordance with section 33.1-24-02-19
or potentially cross-contaminated wastes that are otherwise
currently regulated as hazardous wastes, for example, F034
or F035, and where the generator does not resume or initiate
use of chlorophenolic formulations). This listing does not
include K001 bottom sediment sludge from the treatment of
wastewater from wood preserving processes that use
creosote or pentachlorophenol, or both.
(T)
*F034
Wastewaters (except those that have not come into contact
with process contaminants), process residuals, preservative
drippage, and spent formulations from wood preserving
processes generated at plants that use creosote formulations.
This listing does not include K001 bottom sediment sludge
from the treatment of wastewater from wood preserving
processes that use creosote or pentachlorophenol, or both.
(T)
*F035
Wastewaters (except those that have not come into contact
with process contaminants), process residuals, preservative
drippage, and spent formulations from wood preserving
processes generated at plants that use inorganic
preservatives containing arsenic or chromium. This listing
does not include K001 bottom sediment sludge from the
(T)
treatment of wastewater from wood preserving processes that
use creosote or pentachlorophenol, or both.
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 those generated in
oil/water/solids separators; tanks and impoundments; ditches
and other conveyances; sumps; and storm water units
receiving dry weather flow, sludge generated in storm water
units that do not receive dry weather flow, sludges generated
from noncontact once-through cooling waters segregated for
treatment from other process or oily cooling waters, sludges
generated in aggressive biological treatment units as defined
in subdivision b of subsection 2 of section 33.1-24-02-16
(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. This listing does include residuals generated from
processing or recycling oil-bearing hazardous secondary
materials excluded under paragraph 1 of subdivision l of
subsection 1 of section 33.1-24-02-04, if those residuals are to
be disposed of.
(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 all sludges and
floats generated in: induced air flotation (IAF) units, tanks and
impoundments, and all sludges generated in dissolved air
flotation (DAF) units. Sludges generated in storm water units
that do not receive dry weather flow, sludges generated from
noncontact once-through cooling waters segregated for
treatment from other process or oily cooling waters, sludges
and floats generated in aggressive biological treatment units
as defined in subdivision b of subsection 2 (including sludges
and floats generated in one or more additional units after
wastewaters have been treated in aggressive biological
treatment units) 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 sections 33.1-24-02-15
through 33.1-24-02-19. (Leachate resulting from the disposal
of one or more of the following hazardous wastes and no
other hazardous wastes retains its hazardous waste numbers:
F020, F021, F022, F026, F027, and/or F028.)
(T)
*(I,T) should be used to specify mixtures that are ignitable and contain toxic constituents.
2.
Listing specific definitions:
a.
For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil, water, or
solids or any combination of them.
b.
Aggressive biological treatment units are:
(1)
For the purposes of the F037 and F038 listings, aggressive biological treatment
units are defined as units which employ one of the following four treatment methods:
activated sludge; trickling filter; rotating biological contactor for the continuous
accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate
aeration is a system of surface impoundments or tanks, in which intense mechanical
aeration is used to completely mix the wastes, enhance biological activity; and
(a)
The unit employs a minimum of six horsepower per million gallons of treatment
volume; and either
(b)
The hydraulic retention time of the unit is no longer than five days; or
(c)
The hydraulic retention time is no longer than thirty days and the unit does not
generate a sludge that is a hazardous waste by the toxicity characteristic.
(2)
Generators and treatment, storage, and disposal facilities have the burden of
proving that their sludges are exempt from listing as F037 and F038 wastes under
this definition. Generators and treatment, storage, and disposal facilities must
maintain, in their operating or other onsite records, documents, and data sufficient
to prove that:
(a)
The unit is an aggressive biological treatment unit as defined in this
subsection; and
(b)
The sludges sought to be exempted from the definitions of F037 or F038, or
both, were actually generated in the aggressive biological treatment unit.
c.
Sludges are:
(1)
For the purposes of the F037 listing, sludges are considered to be generated at the
moment of deposition in the unit, where deposition is defined as at least a
temporary cessation of lateral particle movement.
(2)
For the purposes of the F038 listing:
(a)
Sludges are considered to be generated at the moment of deposition in the
unit, where deposition is defined as at least a temporary cessation of lateral
particle movement; and
(b)
Floats are considered to be generated at the moment they are formed in the
top of the unit.
d.
For the purposes of the F019 listing, the following apply to wastewater treatment sludges
from the manufacturing of motor vehicles using a zinc phosphating process.
(1)
Motor vehicle manufacturing is defined to include the manufacture of automobiles,
light trucks, and utility vehicles (including light duty vans, pickup trucks, minivans,
and sport utility vehicles). Facilities must be engaged in manufacturing complete
vehicles (body and chassis or unibody) or chassis only.
(2)
Generators must maintain in their onsite records documentation and information
sufficient to prove that the wastewater treatment sludges to be exempted from the
F019 listing meet the conditions of the listing. These records must include: the
volume of waste generated and disposed of offsite, documentation showing when
the waste volumes were generated and sent offsite, the name and address of the
receiving facility, and documentation confirming receipt of the waste by the receiving
facility. Generators must maintain these documents onsite for no less than three
years. The retention period for the documentation is automatically extended during
the course of any enforcement action or as requested by the department.