Sec. 261.3  Definition of hazardous waste.

(snip )

ho wever, the following mixtures of solid wastes and hazardous wastes listed in subpa rt D of this part are not hazardous wastes (except by application of paragraph (a)(2)(i) or (ii) of this section) if t he generator can demonstrate that the mixture consists of wastewater the disch arge of which is subject to regulation under either section 402 or section 307(b ) of the Clean Water Act (including wastewater at facilities which have eliminat ed the discharge of wastewater) and;

(snip )

  ;

  ;  (D) A discarded commercial chemical product, or chemical intermediate liste d in Sec. 261.33, 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. 

For p urposes of this paragraph (a)(2)(iv)(D), ``de minimis'' losses include those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valv es or other devices used to transfer materials); minor leaks of process equipm ent, 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; or

  ;

  ;   (E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subpart D of this part, Provided, That the annualized aver age flow of laboratory wastewater does not exceed one percent of total wastewat er flow into the headworks of the facility's 

waste water treatment or pre-treatment system or provided the wastes, combined annualiz ed average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wa stes used in laboratories that are 

demon strated not to be discharged to wastewater are not to be included in this calculati on; or.....

  ;