Step 2A:

Rule 0400-12-01-.02(4)(d) Discarded Commercial Chemical Products, Off-specifications Species, Container
Residues, and Spill Residues Thereof [40 CFR 261.33]

The following materials or items are hazardous wastes if and when they are discarded
or intended to be discarded as described in item (1)(b)1(ii)(I) of this rule, when they are
mixed with waste oil or used oil or other material and applied to the land for dust
suppression or road treatment, when they are otherwise applied to the land in lieu of
their original intended use or when they are contained in products that are applied to
the land in lieu of their original intended use, or when, in lieu of their original intended
use, they are produced for use as (or as a component of) a fuel, distributed for use as a
fuel, or burned as a fuel.

1. Any commercial chemical product, or manufacturing chemical intermediate
having the generic name listed in part 5 or 6 of this subparagraph.

2. Any off-specification commercial chemical product or manufacturing chemical
intermediate which, if it met specifications, would have the generic name listed in
part 5 or 6 of this subparagraph.

3.  Any residue remaining in a container or in an inner liner removed from a container that
has held any commercial chemical product or manufacturing chemical intermediate
having the generic name listed in part 5 or 6 of this subparagraph,
unless the container is empty as defined in part (1)(g)2 of Rule 0400-12-01-.02(1)(g)2
or subparagraph (16)(h) of Rule 0400-12-01-.09.

(Comment: Unless the residue is being beneficially used or reused, or legitimately
recycled or reclaimed; or being accumulated, stored, transported, or treated prior to such
use, re-use, recycling, or reclamation, the Department considers the residue to be
intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of
the residue would be where the residue remains in the container and the container is
used to hold the same commercial chemical product or manufacturing chemical
intermediate it previously held. An example of the discard of the residue would be where
the drum is sent to a drum reconditioner who reconditions the drum but discards the
residue.)

4. Any residue or contaminated soil, water or other debris resulting from the
cleanup of a spill into or on any land or water of any commercial chemical
product or manufacturing chemical intermediate having the generic name listed
in part 5 or 6 of this subparagraph, or any residue or contaminated soil, water or
other debris resulting from the cleanup of a spill, into or on any land or water, of
any off-specification chemical product and manufacturing chemical intermediate
which, if it met specifications, would have the generic name listed in part 5 or 6 of
this subparagraph.

(Comment: The phrase “commercial chemical product or manufacturing chemical
intermediate having the generic name listed in . . .” refers to a chemical substance
which is manufactured or formulated for commercial or manufacturing use which
consists of the commercially pure grade of the chemical, any technical grades of the
chemical that are produced or marketed, and all formulations in which the chemical is
the sole active ingredient. It does not refer to a material, such as a manufacturing
process waste, that contains any of the substances listed in part 5 or 6 of this
subparagraph. Where a manufacturing process waste is deemed to be a hazardous
waste because it contains a substance listed in part 5 or 6 of this subparagraph, such
waste will be listed in either subparagraphs (b) or (c) of this paragraph or will be
identified as a hazardous waste by the characteristics set forth in paragraph (3) of this
rule.)

5. The commercial chemical products, manufacturing chemical intermediates, or off-specification
commercial chemical products or  manufacturing chemical intermediates
referred to in parts 1 through 4 of this subparagraph, are identified as acute hazardous wastes (H).

(Comment: For the convenience of the regulated community the primary hazardous
properties of these materials have been indicated by the letters T (Toxicity), and R
(Reactivity). Absence of a letter indicates that the compound only is listed for acute
toxicity.)

These wastes and their corresponding Hazardous Waste Codes are:  

6. The commercial chemical products, manufacturing chemical intermediates, or off-specification
commercial chemical products referred to in parts 1 through 4 of this subparagraph,
are identified as toxic wastes (T), unless otherwise designated. 

(Comment: For the convenience of the regulated community, the primary hazardous
properties of these materials have been indicated by the letters T (Toxicity), R
(Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the
compound is only listed for toxicity.)

These wastes and their corresponding Hazardous Waste Codes are: