Current through Register Vol. 47, No. 17, September 10, 2024
(a) Wastes from
wood preserving processes at plants that do not resume or initiate use of
chlorophenolic preservatives will not meet the listing definition of F032 once
the generator has met all of the requirements of paragraphs (b) and (c) of this
section. These wastes may, however, continue to meet another hazardous waste
listing description or may exhibit one or more of the hazardous waste
characteristics.
(b) Generators
must either clean or replace all process equipment that may have come in
contact with chlorophenolic formulations or constituents thereof, including,
but not limited to: treatment cylinders, sumps, tanks, piping systems, drip
pads, fork lifts, and trams in a manner which minimizes or eliminates the
escape of hazardous waste or waste constituents, leachate, contaminated
drippage, or hazardous waste decomposition products to the ground water,
surface water, or atmosphere.
(1) Generators
shall do one of the following:
(i) Prepare
and follow an equipment cleaning plan and clean equipment in accordance with
this section;
(ii) Prepare and
follow an equipment replacement plan and replace equipment in accordance with
this section; or
(iii) Document
cleaning and replacement in accordance with this section, carried out after
termination of use of chlorophenolic preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment
cleaning plan that describes:
(A) The
equipment to be cleaned;
(B) How
the equipment will be cleaned;
(C)
The solvent to be used in cleaning;
(D) How solvent rinses will be tested;
and
(E) How cleaning residues will
be disposed.
(ii)
Equipment must be cleaned as follows:
(A)
Remove all visible residues from process equipment;
(B) Rinse process equipment with an
appropriate solvent until dioxins and dibenzofurans are not detected in the
final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested using an
appropriate method.
(B) "Not
detected" means at or below the following lower method calibration limits
(MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per trillion (ppt), sample
weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50
µL. For other congeners--multiply the values by 1 for TCDF/PeCDD/PeCDF,
by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.
(iv) The generator must manage all
residues from the cleaning process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment
replacement plan that describes:
(A) The
equipment to be replaced;
(B) How
the equipment will be replaced; and
(C) How the equipment will be
disposed.
(ii) The
generator must manage the discarded equipment as F032 waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning
and/or replacement was performed in accordance with this section and occurred
after cessation of use of chlorophenolic preservatives.
(c) The generator must maintain
the following records documenting the cleaning and replacement as part of the
facilities operating record:
(1) The name and
address of the facility;
(2)
Formulations previously used and the date on which their use ceased in each
process at the plant;
(3)
Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement
plan;
(5) The name and address of
any persons who conducted the cleaning and replacement;
(6) The dates on which the cleaning and
replacement were accomplished;
(7)
The dates of sampling and testing;
(8) A description of the sample handling and
preparation techniques, including techniques used for extraction,
containerization, preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the
date the tests were performed, and the results of the tests;
(10) The name and model numbers of the
instrument(s) used in performing the tests:
(11) QA/QC documentation; and
(12) The following statement signed by the
generator or his/her authorized representative:
I certify under penalty of law that all process equipment
required to be cleaned or replaced under § 261.35 of these regulations was
cleaned or replaced as represented in the equipment cleaning and replacement
plan and accompanying documentation. I am aware that there are significant
penalties for providing false information, including the possibility of fine or
imprisonment.
