Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1. [Repealed, 33 SR 2042]
Subp.
1a.
Incorporation by reference of federal
regulations.
The following lists of hazardous wastes found in Code of
Federal Regulations, title 40, part 261, subpart D, as amended, are
incorporated by reference:
A. section
261.30, general;
B. section 261.31,
hazardous wastes from nonspecific sources;
C. section 261.32, hazardous wastes from
specific sources;
D. section
261.33, discarded commercial chemical products, off-specification species,
container residues, and spill residues thereof;
E. section 261.35, deletion of certain
hazardous waste codes following equipment cleaning and replacement;
and
F. section 261.38,
comparable/syngas fuel exclusion.
Subp. 2. [Repealed, 33 SR 2042]
Subp. 2a. [Repealed, 33 SR 2042]
Subp. 2b.
Additions, modifications, or
exceptions to incorporated provisions.
A. Part
7045.0090, adoption and
incorporation by reference, also applies.
B. The hazardous waste number in the "U"
listing for paraldehyde in Code of Federal Regulations, title 40, section
261.33(f) /Table, should be U182.
C. In Code of Federal Regulations, title 40,
section 261.38, Table 1, under "metals," in the listing for "cadmium, total,"
"ND" is the "composite value" and "1.2" is the "Concentration limit."
Subp. 3. [Repealed, 33 SR
2042]
Subp. 4. [Repealed, 33 SR
2042]
Subp. 5.
PCB
wastes.
Requirements for PCB wastes are as follows:
A. For purposes of this subpart:
(1) "commercial storer of PCB waste" has the
meaning given in Code of Federal Regulations, title 40, section 761.3, as
amended;
(2) "PCB" means a
substance that contains PCB's at a concentration of 50 parts per million or
greater;
(3) "PCB lighting ballast"
means a device that electrically controls light fixtures and that contains a
PCB small capacitor or potting material that contains PCB's; and
(4) "PCB small capacitor" means a capacitor
that contains less than 1.36 kilograms (3 pounds) of PCB dielectric
fluid.
B. PCB materials
or items are hazardous waste if and when they are discarded or stored prior to
being discarded.
C. A generator of
PCB wastes is subject to the requirements of Minnesota Statutes, section
116.07,
subdivision 2b, and is exempt from the agency's hazardous waste requirements
except for:
(1) the hazardous waste
management requirements of part
7045.0208;
(2) the evaluation requirements of part
7045.0214;
(3) the licensing requirements of parts
7045.0225 to
7045.0250; and
(4) the fee requirements of chapter 7046,
unless a generator demonstrates performance of a PCB phase-out agreement under
Minnesota Statutes, section
116.07,
subdivision 2b, paragraph (b).
D. In addition to the requirements of item C,
a generator or commercial storer of PCB waste who generates or stores PCB
ballasts or PCB small capacitors must comply with the requirements of part
7045.0566, subpart
2. A commercial storer of PCB
waste storing only PCB ballasts and PCB small capacitors is not subject to the
facility standards in parts
7045.0450 to
7045.0649, except for the
requirements of part
7045.0566, subpart
2, or to the hazardous waste
facility permit requirements in chapter 7001.
E. Thermal treatment of PCB wastes at
concentrations less than 500 parts per million. High efficiency boilers as
defined in Code of Federal Regulations, title 40, section 761.60(a), as
amended, which are used for treatment of mineral oil dielectric fluid
containing less than 500 ppm PCB, are exempt from the agency's hazardous waste
facility permit requirements in chapter 7001 and parts
7045.0292 and
7045.0450 to
7045.0649, except for the
following requirements:
(1) parts
7045.0526 and
7045.0528;
(2) parts
7045.0556 and
7045.0558;
(3) parts
7045.0564 to
7045.0588; and
(4) parts
7045.0594 and
7045.0596.
F. PCB wastes have the hazardous waste number
of MN03.
Statutory Authority: MS s
14.07;
116.07;
116.37