Current through Register Vol. 48, No. 9, September 27, 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 into
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 that minimizes or eliminates the
escape of hazardous waste or 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 in accordance with
SW-846, Method 8290.
(B) "Not
detected" means at or below the lower method calibration limit (MCL) in Method
8290, Table 1.
(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
facility's 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 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 authorized representative:
I certify under penalty of law that all process equipment
required to be cleaned or replaced under 261.35 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.
