D039 hazardous waste code

(a) A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 of this chapter, the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section.

(b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous.

¹ Hazardous waste number.

² Chemical abstracts service number.

³ Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.

⁴ If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l.

Note I to Table 302.4 The numbers under the column headed “CASRN” are the Chemical Abstracts Service Registry Numbers for each hazardous substance. CASRNs are unique numeric identifiers for specific substances. CASRNs are updated by the Chemical Abstract Service and are sometimes deleted or replaced. This list of CERCLA hazardous substances relies on information provided in the statutory lists that comprise the table. CASRNs are provided for convenience only to aid in the identification of the designated hazardous substance. Some CASRNs are given only for parent compounds. In some cases, a chemical name may have more than one CASRN associated with it due to the chemical's various forms; however, each CAS Registry Number is a unique numeric identifier and designates only one substance. That is, two substances, or two forms of a substance, do not have the same CAS Registry Number. If there is a discrepancy between the hazardous substance name and the listed CAS Registry Number, the hazardous substance names appearing in Table 302.4 should be used as the official means to determine if a given chemical or substance is reportable.

Note II to Table 302.4 Hazardous substances are given a Statutory Code based on their statutory source. The “Statutory Code” column indicates the statutory source for designating each substance as a CERCLA hazardous substance. Statutory Code “1” indicates a Clean Water Act (CWA) Hazardous Substance [40 CFR 116.4; 33 U.S.C. 1321(b)(2)(A)]. Statutory Code “2” indicates a CWA Toxic Pollutant [40 CFR 401.15, 40 CFR part 423 Appendix A, and/or 40 CFR 131.36; 33 U.S.C. 1317(a)]. Statutory Code “3” indicates a CAA HAP [42 U.S.C. 7412(b); Pub. L. 101-549 November 15, 1990; 70 FR 75047 December 19, 2005; 69 FR 69320 November 29, 2004; 61 FR 30816 June 18, 1996; 65 FR 47342 August 2, 2000; 87 FR 393 January 5, 2022]. Statutory Code “4” indicates Resource Conservation and Recovery Act (RCRA) Hazardous Wastes [40 CFR part 261 Subpart D—Lists of Hazardous Wastes; 42 U.S.C. 6921]. (Note: The “RCRA waste No.” column provides the waste identification numbers assigned by RCRA regulations). Statutory Code “5” indicates a hazardous substance designated under section 102(a) of CERCLA. The “Final RQ [pounds (kg)]” column provides the reportable quantity for each hazardous substance in pounds and kilograms.

^I Provides reference to Note I to Table 302.4 to discuss the applicability of CASRNs.

^II Indicates the statutory source defined by 1, 2, 3, and 4, as described in the Note II to Table 302.4.

^III No reporting of releases of this hazardous substance is required if the diameter of the pieces of the solid metal released is larger than 100 micrometers (0.004 inches).

^IV The RQ for asbestos is limited to friable forms only.

^v The Agency may adjust the statutory RQ for this hazardous substance in a future rulemaking; until then the statutory one-pound RQ applies.

## The Agency may adjust the statutory RQ for this hazardous substance in a future rulemaking; until then the statutory one-pound RQ applies.

§ The adjusted RQs for radionuclides may be found in appendix B to this table.

** Indicates that no RQ is being assigned to the generic or broad class.

^a Benzene was already a CERCLA hazardous substance prior to the CAA Amendments of 1990 and received an adjusted 10-pound RQ based on potential carcinogenicity in an August 14, 1989, final rule (54 FR 33418). The CAA Amendments specify that “benzene (including benzene from gasoline)” is a hazardous air pollutant and, thus, a CERCLA hazardous substance.

^b The CAA Amendments of 1990 list DDE (3547-04-4) as a CAA hazardous air pollutant. The CAS number, 3547-04-4, is for the chemical, p,p′dichlorodiphenylethane. DDE or p,p′-dichlorodiphenyldichloroethylene, CAS number 72-55-9, is already listed in Table 302.4 with a final RQ of 1 pound. The substance identified by the CAS number 3547-04-4 has been evaluated and listed as DDE to be consistent with the CAA section 112 listing, as amended.

^c Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.

^d Includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR′ where:

n = 1, 2, or 3;

R = alkyl C7 or less; or

R = phenyl or alkyl substituted phenyl;

R′= H or alkyl C7 or less; or

OR′ consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate.

^e Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100 °C.

^f See 40 CFR 302.6(b)(1) for application of the mixture rule to this hazardous waste.