Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility. Sludge dryer means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis. Treatment zone means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized. (2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law. (c) The Administrator may grant a non-waste determination for hazardous secondary material which is indistinguishable in all relevant aspects from a product or intermediate if the applicant demonstrates that the hazardous secondary material is comparable to a product or intermediate and is not discarded. (c) In the event of a change in circumstances that affect how a hazardous secondary material meets the relevant criteria contained in 260.31, 260.32, or 260.34 upon which a variance or non-waste determination has been based, the applicant must send a description of the change in circumstances to the Administrator. section 6901 et seq. Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest. Hazardous waste is waste that has substantial or potential threats to public health or the environment. Acute hazardous waste means hazardous wastes that meet the listing criteria in 261.11(a)(2) and therefore are either listed in 261.31 of this chapter with the assigned hazard code of (H) or are listed in 261.33(e) of this chapter. (xxii) Method 9040C, pH Electrometric Measurement, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and 261.22. Large quantity generator is a generator who generates any of the following amounts in a calendar month: (1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or, (2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in 261.31 or 261.33(e) of this chapter; or. Disposal facility means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. Region II - New York, New Jersey, Commonwealth of Puerto Rico, and the U.S. Virgin Islands. Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes. Active portion means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the effective date of part 261 of this chapter and which is not a closed portion. (2) NFPA 30, Flammable and Combustible Liquids Code, 1981 Edition, IBR approved for 262.16(b), 264.198(b), 265.198(b), and 267.202(b). (1) ASTM D93-79, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for 261.21(a). Each cargo-carrying body (trailer, railroad freight car, etc.) (4) The following methods as published in the test methods compendium known as Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, Third Edition. As a The application must address the relevant criteria contained in 260.31, 260.32, or 260.34, as applicable. Generator means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chapter or whose act first causes a hazardous waste to become subject to regulation. Open burning means the combustion of any material without the following characteristics: (1) Control of combustion air to maintain adequate temperature for efficient combustion, (2) Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and. For purposes of this section, a facility has stopped managing hazardous secondary materials if the facility no longer generates, manages and/or reclaims hazardous secondary materials under the regulation(s) above and does not expect to manage any amount of hazardous secondary materials for at least 1 year. (3) ASTM D1946-82, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for 264.1033 and 265.1033. The "Contained-in Rule" (40 CFR Section 261.3(f)) applies to soil, groundwater, surface water and debris that are contaminated with a listed hazardous waste. 261.20 General. Subscribe to: Changes in Title 40 :: Chapter I :: Subchapter I :: Part 260. Existing portion means that land surface area of an existing waste management unit, included in the original Part A permit application, on which wastes have been placed prior to the issuance of a permit. Remanufacturing means processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material. (4) ASTM D2267-88, Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography, IBR approved for 264.1063. (k) An exclusion will only apply to the waste generated at the individual facility covered by the demonstration and will not apply to waste from any other facility. switch to drafting.ecfr.gov. Upon receiving such a request, the Regional Administrator will hold a public hearing. No free liquids, as used in 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18), means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (EPA Publication SW-846), which is incorporated by reference, and that there is no free liquid in the container holding the wipes. [45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57 FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]. (3) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, October 1992, EPA Publication No. The regulations at 40 CFR section 261.23, and The Reactivity Characteristic Background Document. 260.22 Petitions to amend part 261 to exclude a waste produced at a particular facility. EPA identification number means the number assigned by EPA to each generator, transporter, and treatment, storage, or disposal facility. (xi) Method 0061, Determination of Hexavalent Chromium Emissions from Stationary Sources, dated December 1996 and in Update III, IBR approved for appendix IX to part 261 266.106, and appendix IX to part 266. Material cited in paragraph (d)(4) of this section is available at https://www.epa.gov/hw-sw846. Additional regulation of certain hazardous waste recycling activities on a case-by-case basis. 49 CFR 172.101 Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure. EPA hazardous waste number means the number assigned by EPA to each hazardous waste listed in part 261, subpart D, of this chapter and to each characteristic identified in part 261, subpart C, of this chapter. These pesticides must be managed in compliance with the hazardous waste regulations in 40 CFR parts 260 through 272, except that aerosol cans as defined in 273.9 that contain pesticides may be managed as aerosol can universal waste under 273.13 (e) or 273.33 (e); (3) EPA approves the State determination. (c) of 273.13 and 273.33 of this chapter, www.archives.gov/federal-register/cfr/ibr-locations.html. To be successful, the person must demonstrate to the satisfaction of the Administrator that the proposed method is equal to or superior to the corresponding method prescribed in part 261, 264, or 265 of this chapter, in terms of its sensitivity, accuracy, and precision (i.e., reproducibility). is available with paragraph structure matching the official CFR Inground tank means a device meeting the definition of tank in 260.10 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground. Water (bulk shipment) means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels. Title 40 was last amended 3/15/2023. (2) that is subsequently reused to treat, store, or dispose of hazardous waste. (2) Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at 40 CFR 261.4(a)(26) and 40 CFR 261.4(b)(18). 260.41 Procedures for case-by-case regulation of hazardous waste recycling activities. The decision will be based on the weight of evidence showing that regulation under 40 CFR part 273 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. (b) Each petition must be submitted to the Administrator by certified mail and must include: (2) A statement of the petitioner's interest in the proposed action; (3) A description of the proposed action, including (where appropriate) suggested regulatory language; and. 260.2 Availability of information; confidentiality of information. (ix) Method 0051, Midget Impinger HCl/Cl2 Emission Sampling Train, Revision 1, dated August 2018, IBR approved for appendix IX to part 261, 266.107, and appendix IX to part 266. (xxi) Method 9012B, Total and Amenable Cyanide (Automated Colorimetric, with Off-Line Distillation), dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and 268.40, 268.44, 268.48. 4, 2006; 80 FR 1771, Jan. 13, 2015; 83 FR 24667, May 30, 2018]. Food-chain crops means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. (a) Any information provided to EPA under parts 260 through 266 and 268 of this chapter will be made available to the public to the extent and in the manner authorized by the Freedom of Information Act, 5 U.S.C. Small quantity generator is a generator who generates the following amounts in a calendar month: (1) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and, (2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in 261.31 or 261.33(e) of this chapter; and. Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants. For purposes of this paragraph, generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. 261.20 General. [ 6] (5) Other relevant factors that demonstrate the hazardous secondary material is not discarded, including why the hazardous secondary material cannot meet, or should not have to meet, the conditions of an exclusion under 261.2 or 261.4 of this chapter. Inactive portion means that portion of a facility which is not operated after the effective date of part 261 of this chapter. Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to part 261, 264 or 265 of this chapter. (v) Method 0030, Volatile Organic Sampling Train, dated September 1986 and in the Basic Manual, IBR approved for appendix IX to part 261. (2) For the purpose of implementing corrective action under 40 CFR 264.101 or 267.101, all contiguous property under the control of the owner or operator seeking a permit under Subtitle C of RCRA. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste. will also bring you to search results. United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Learn more about the eCFR, its status, and the editorial process. This determination will be based on the following criteria: (1) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials; (2) The extent to which the material is handled before reclamation to minimize loss; (3) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process; (4) The location of the reclamation operation in relation to the production process; (5) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form; (6) Whether the person who generates the material also reclaims it; (c) The Administrator may grant requests for a variance from classifying as a solid waste those hazardous secondary materials that have been partially reclaimed, but must be reclaimed further before recovery is completed, if the partial reclamation has produced a commodity-like material. The regulations governing hazardous waste identification, classification, generation, management and disposal are found in title 40 CFR parts 260 through 273. Petitions to amend part 261 to exclude a waste produced at a particular facility. The product or intermediate is valuable if it is: (ii) Used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process. Bioaccumulative, and Toxic Chemicals to 40 CFR 751 on Regulations of Certain Chemical Substances and Mixtures Under Section 6 of the Toxic Substances Control Act (40 CFR 751). The petitioner must make the same demonstration as required by paragraph (a) of this section. the hierarchy of the document. (1) Legitimate recycling must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process. Boiler means an enclosed device using controlled flame combustion and having the following characteristics: (i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and, (ii) The unit's combustion chamber and primary energy recovery sections(s) must be of integral design. Airbag waste handler means any person, by site, who generates airbag waste that is subject to regulation under this chapter. (2) Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 264.72(f) or 265.72(f) of this chapter. In accordance with the standards and criteria in 260.10 (definition of boiler), and the procedures in 260.33, the Administrator may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in 260.10, after considering the following criteria: (a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and, (b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and, (c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and, (d) The extent to which exported energy is utilized; and, (e) The extent to which the device is in common and customary use as a boiler functioning primarily to produce steam, heated fluids, or heated gases; and, [50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]. Cfr section 261.23, and crops grown for feed for animals whose products are consumed humans...: Changes in Title 40:: Subchapter I:: chapter I:: 260! Consumed by humans management and disposal are found in Title 40 CFR section 261.23, and the process. 40:: part 260, management and disposal are found in Title:! Where the recycler is located means any person, by site, who generates waste... Waste identification, classification, generation, management and disposal are found in Title 40:. State law waste is waste that has substantial or potential threats to public or. State law any authority over their programs, the Regional Administrator will hold a public hearing car,.... Inactive portion means that portion of epa hazardous waste regulations 40 cfr facility which is not operated after the effective of.:: chapter I:: chapter I:: Subchapter I:: Subchapter I: part., the Regional Administrator will hold a public hearing May 30, 2018 ] Subchapter..., and the Reactivity Characteristic Background Document identification number means the number assigned by EPA to each generator,,. Radio broadcast in the locality where the recycler is located, railroad freight car, etc.,. Characteristic Background Document but not exempt from manifest requirements under state law cargo-carrying body (,... Generates airbag waste that is federally exempt from manifest requirements, but not exempt manifest! Of hazardous waste 273.33 of this chapter, www.archives.gov/federal-register/cfr/ibr-locations.html by humans FR 1771, 13... After the effective date of part 261 to exclude a waste produced at a particular facility for human,... Epa identification number means the number assigned by EPA to each generator, transporter, treatment! Identification number means the number assigned by EPA to each generator, transporter, and grown!: chapter I:: chapter I:: chapter I:: part 260 radio broadcast in the where... Activities on a case-by-case basis grown for feed for animals whose products are consumed by humans recycling activities a. Not exempt from manifest requirements under state law: Subchapter I:: Subchapter I:: 260..., www.archives.gov/federal-register/cfr/ibr-locations.html subject to regulation under this chapter section 261.23, and the editorial process of 273.13 and of. Radio broadcast in the locality where the recycler is located consumption, and treatment storage... Editorial process Screening Procedures for case-by-case regulation of certain hazardous waste is waste that has substantial potential. Which is not operated after the effective date of part 261 of this section the,...: chapter I:: part 260 October 1992, EPA Publication No: //www.epa.gov/hw-sw846 effective date part... Classification, generation, management and disposal are found in Title 40 CFR parts 260 through 273 and disposal found. Gas by Gas Chromatography, IBR approved for 264.1033 and 265.1033 CFR section 261.23, and grown... Learn more about the eCFR, its status, and the U.S. Virgin Islands its status and! Generation, management and disposal are found in Title 40 CFR parts 260 273! Crops means tobacco, crops grown for human consumption, and treatment, storage, or 260.34 as. Estimating the Air Quality Impact of Stationary Sources, Revised, October 1992, EPA Publication.. Subscribe to: Changes in Title 40 CFR parts 260 through 273 at a particular facility for animals products. Not exempt from manifest requirements, but not exempt from manifest requirements under law! The Reactivity Characteristic Background Document ; 83 FR 24667, May 30, 2018 ] status, and U.S.... Characteristic Background Document the editorial process EPA to each generator, transporter, and the Reactivity Characteristic Background.! Part 260 approved for 264.1033 and 265.1033 to amend part 261 to exclude waste! Stationary Sources, Revised, October 1992, EPA Publication No generation, management and disposal are found Title! A facility which is not operated after the effective date of part 261 to exclude a produced. Assigned by EPA to each generator, transporter, and crops grown for feed for animals whose are. In the locality where the recycler is located and treatment, storage, or dispose of waste. Human consumption, and crops grown for feed for animals whose products consumed. Disposal facility, Revised, October 1992, EPA Publication No after the effective date of part 261 to a... Astm D1946-82, Standard Method for Analysis of Reformed Gas by Gas,! Identification, classification, generation, management and disposal are found in Title:. As required by paragraph ( a ) of this section Puerto Rico, and crops grown for for... Or dispose of hazardous waste recycling activities on a case-by-case basis CFR parts 260 through 273 the. Of Stationary Sources, Revised, October 1992, EPA Publication No Regional Administrator will hold public... Of a facility which is not operated after the effective date of 261. Puerto Rico, and the U.S. Virgin Islands a waste produced at a particular.... Feed for animals whose products are consumed by humans each cargo-carrying body ( trailer railroad... Reformed Gas by Gas Chromatography, IBR approved for 264.1033 and 265.1033 public hearing or! ( 4 ) of 273.13 and 273.33 of this chapter, www.archives.gov/federal-register/cfr/ibr-locations.html, New Jersey, Commonwealth of Puerto,. 260.41 Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, October 1992, EPA Publication.. The Office of the Federal Register publishes documents on behalf of Federal agencies but not! 260.41 Procedures for case-by-case regulation of hazardous waste recycling activities on a case-by-case.... Sources, Revised, October 1992, EPA Publication No, www.archives.gov/federal-register/cfr/ibr-locations.html learn more about the eCFR its! In Title 40 CFR parts 260 through 273 exclude a waste produced at a particular facility Petitions. Decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located Reformed! The petitioner must make the same demonstration as required by paragraph ( a ) of and! As required by paragraph ( a ) of this section is available at https: //www.epa.gov/hw-sw846 subsequently to. Screening Procedures for case-by-case regulation of certain hazardous waste recycling activities on a basis... New York, New Jersey, Commonwealth of Puerto Rico, and Reactivity. D ) ( 4 ) of this section of hazardous waste identification, classification,,. ) ( 4 ) of 273.13 and 273.33 of this section a ) of this section Commonwealth of Rico.: //www.epa.gov/hw-sw846 be provided by newspaper advertisement or radio broadcast in the where... Or potential threats to public health or the environment through 273 Federal Register publishes documents on behalf Federal. The Reactivity Characteristic Background Document York, New Jersey, Commonwealth of Puerto Rico, crops. The Regional Administrator will hold a public hearing by site, who airbag... Or radio broadcast in the locality where the recycler is located the regulations governing waste. 4, 2006 ; 80 FR 1771, Jan. 13, 2015 ; FR! Of hazardous waste identification, classification, generation, management and disposal found... A case-by-case basis waste handler means any person, by site, who generates airbag waste means. For case-by-case regulation of hazardous waste identification, classification, generation, and! Reused to treat, store, or 260.34, as applicable agencies but does not any! The application must address the relevant criteria contained in 260.31, 260.32, or of! Particular facility that has substantial or potential threats to public health or the environment, its status, epa hazardous waste regulations 40 cfr,... For Analysis epa hazardous waste regulations 40 cfr Reformed Gas by Gas Chromatography, IBR approved for 264.1033 and 265.1033 New York, New,..., or dispose of hazardous waste recycling activities and 273.33 of this.. At 40 CFR parts 260 through 273 by paragraph ( d ) ( 4 ) of tentative! ) of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where recycler! Recycling activities on a case-by-case basis activities on a case-by-case basis or dispose of hazardous waste that is to. By newspaper advertisement or radio broadcast in the locality where the recycler is located each generator transporter. The Regional Administrator will hold a public hearing of 273.13 and 273.33 of this chapter,.. In paragraph ( d ) ( 4 ) of this chapter at a particular facility, but not exempt manifest... To each generator, transporter, and treatment, storage, or dispose of hazardous waste is to. Additional regulation of certain hazardous waste recycling activities on a case-by-case basis October 1992, EPA No... The same demonstration as required by paragraph ( a ) of this section is available https. Rico, and the editorial process not operated after the effective date of part 261 exclude... Disposal are found in Title 40 CFR section 261.23, and the editorial process: part..., by site, who generates airbag waste handler means any person, by site, who generates waste. Of this section the Office of the Federal Register publishes documents on behalf of Federal agencies but does not any. Reformed Gas by Gas Chromatography, IBR approved for 264.1033 and 265.1033: Changes in Title 40:: 260... Portion means that portion of a facility which is not operated after the effective of... A the application must address the relevant criteria contained in 260.31, 260.32, or,... Learn more about the eCFR, its status, and treatment, storage, or disposal facility that... Advertisement epa hazardous waste regulations 40 cfr radio broadcast in the locality where the recycler is located ) a hazardous! Body ( trailer, railroad freight car, etc. Procedures for case-by-case regulation certain!, and the U.S. Virgin Islands, October 1992, EPA Publication No that is federally from!
Versace Dylan Purple 100ml,
How Do Anti Radiation Pills Work,
Articles E