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Sec. 261.3  Definition of hazardous waste.

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however, the following mixtures of soli d wastes and hazardous wastes listed in subpart D of this part are not hazard ous 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;

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   (D) A discarded commercial chemical product , or chemical intermediate listed 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 purposes of this paragraph (a)(2)(iv)(D), ``de minim is'' 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, valves or other devices used to transfer materials); mino r leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharg es; 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 laborat ory operations containing toxic (T) wastes listed in subpart D of this part, Provided, That the annualized average flow of laboratory wastewater does no t exceed one percent of total wastewater flow into the headworks of the facility's 

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

demonstrated not to be discharged to wastewater are not to be included in this calculation; or.....