Subp. 2.
Mixtures of hazardous and
nonhazardous wastes.
The mixing of a hazardous waste with a nonhazardous waste as
described in this subpart constitutes treatment. Generators who mix hazardous
and nonhazardous wastes on site must meet the requirements of part
7045.0211 for generators with
on-site facilities. Mixtures excluded under part
7045.0075, subpart
2, are excluded from
regulation. Wastes excluded under this subpart are subject to part
7045.1390, even if they no longer
exhibit a characteristic at the point of land disposal.
A. A mixture is a hazardous waste if it
contains a waste that is hazardous solely because it exhibits any of the
characteristics of ignitability, corrosivity, oxidativity, or reactivity
identified in part
7045.0131, or contains a hazardous
waste listed in part
7045.0135 solely because of
ignitability, corrosivity, or reactivity, and the resulting mixture exhibits
any characteristic of a hazardous waste identified in part
7045.0131.
B. Except as provided in item D or E, a
mixture is a hazardous waste if it contains a waste listed for toxicity in part
7045.0135.
C. Except as provided in item D, a mixture is
a hazardous waste if it contains a waste that exhibits the characteristic of
toxicity or lethality identified in part
7045.0131.
D. A mixture is a hazardous waste if it is a
sewered mixture of nonhazardous waste and any waste which is hazardous because
it exhibits the characteristics of toxicity or lethality as defined in part
7045.0131 unless:
(1) prior to entering the sewer the resulting
mixture no longer exhibits the characteristic of toxicity or lethality;
and
(2) the sewering of the mixture
has been approved by the agency pursuant to parts
7045.0221 to
7045.0255.
This provision does not apply to those mixtures defined as
nonhazardous under item E.
E. Except as otherwise provided in item A, B,
or D, the following sewered mixtures are not hazardous wastes if the generator
can demonstrate that the mixture consists of wastewater, the discharge of which
is subject to regulation under either section 307(b) or 402 of the Clean Water
Act, including wastewater at facilities which have eliminated the discharge of
wastewater; and
(1) one or more of the
following spent solvents listed in part
7045.0135, subpart 1a, item B:
carbon tetrachloride, tetrachloroethylene, trichloroethylene; provided that the
solvents are discharged into the wastewater stream as a result of normal
manufacturing operations and provided further that the maximum total weekly
usage of these solvents, other than the amounts that can be demonstrated not to
be discharged to wastewater, divided by the average weekly flow of wastewater
into the headworks of the facility's wastewater treatment or pretreatment
system does not exceed one part per million;
(2) one or more of the following spent
solvents listed in part
7045.0135, subpart 1a, item B:
methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene,
cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents; provided
that the solvents are discharged into the wastewater stream as a result of
normal manufacturing operations and provided further that the maximum total
weekly usage of these solvents, other than the amounts that can be demonstrated
not to be discharged to wastewater, divided by the average weekly flow of
wastewater into the headworks of the facility's wastewater treatment or
pretreatment system does not exceed 25 parts per million;
(3) heat exchanger bundle cleaning sludge
from the petroleum refining industry, EPA Hazardous Waste No. K050 as listed in
part
7045.0135, subpart 1a, item
C;
(4) a discarded commercial
chemical product, or chemical intermediate listed in part
7045.0135, subpart 1a, item D,
arising from de minimis losses of these materials from manufacturing operations
in which these materials are used as raw materials or are produced in the
manufacturing process. De minimis losses include those from normal material
handling operations (such as spills from the unloading or transfer of materials
from bins or other containers or leaks from pipes, valves, or other devices
used to transfer materials); minor leaks of process equipment, storage tanks or
containers; leaks from well-maintained pump packings and seals; sample
purgings; relief device discharges; discharges from safety showers and rinsing
and cleaning of personal safety equipment; and rinsate from empty containers or
from containers that are rendered empty by that rinsing;
(5) wastewater resulting from laboratory
operations containing toxic wastes listed in part
7045.0135, provided that the
annualized average flow of laboratory wastewater does not exceed one percent of
total wastewater flow into the headworks of the facility's wastewater treatment
or pretreatment system, or provided the waste's combined annualized average
concentration does not exceed one part per million in the headworks of the
facility's wastewater treatment or pretreatment facility. Toxic wastes used in
laboratories that are demonstrated not to be discharged to wastewater are not
to be included in this calculation;
(6) one or more of the following wastes
listed in part
7045.0135, subpart 1a, item C:
wastewaters from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K157), provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and triethylamine, including
all amounts that can not be demonstrated to be reacted in the process,
destroyed through treatment, or is recovered (i.e., what is discharged or
volatilized), divided by the average weekly flow of process wastewater prior to
any dilutions into the headworks of the facility's wastewater treatment system
does not exceed a total of five parts per million by weight; or
(7) wastewaters derived from the treatment of
one or more of the following wastes listed in part
7045.0135, subpart 1a, item C:
organic waste, including heavy ends, still bottoms, light ends, spent solvents,
filtrates, and decantates, from the production of carbamates and carbamoyl
oximes (EPA Hazardous Waste No. K156), provided that the maximum concentration
of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior
to any dilutions into the headworks of the facility's wastewater treatment
system does not exceed a total of five milligrams per liter.
For the purpose of this item, headworks refers to the
influent plumbing of a privately owned national pollutant discharge elimination
system, state disposal system, or pretreatment facility or to the facility's
point of discharge to a municipal collection system when the treatment facility
is a publicly owned wastewater treatment facility.
F. A mixture of used oil and a hazardous
waste is a hazardous waste except as provided in part
7045.0800.
G. Any mixture of a waste from the
extraction, beneficiation, and processing of ores and minerals excluded under
part
7045.0120, subpart
1,
item I, and any other waste exhibiting a characteristic of hazardous waste
under part
7045.0131 is a hazardous waste
only if:
(1) it exhibits a characteristic
that would not have been exhibited by the excluded waste alone if such mixture
had not occurred; or
(2) it
continues to exhibit any of the characteristics exhibited by the nonexcluded
wastes prior to mixture.
For the purposes of applying the toxicity characteristic of
part
7045.0131, subpart 7, to such
mixtures, the mixture is also a hazardous waste if it exceeds the maximum
concentration for any contaminant listed in part
7045.0131, subpart 8, that would
not have been exceeded by the excluded waste alone if the mixture had not
occurred or if it continues to exceed the maximum concentration for any
contaminant exceeded by the nonexempt waste prior to mixture.
