(2) that is subsequently reused to treat, store, or dispose of hazardous waste. (Identification number application forms may be obtained from EPA regional offices.) (2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases. This part is also known as the Hazardous Waste Rule or . You are using an unsupported browser. [50 FR 663, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]. (xvii) Method 1312, Synthetic Precipitation Leaching Procedure, dated September 1994 and in Update III, IBR approved for appendix IX to part 261. If the updated regulations are considered by the EPA to be more stringent than existing regulations, DHEC is required to adopt them. The eCFR is displayed with paragraphs split and indented to follow [45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 81 FR 85805, Nov. 28, 2016]. (1) APTI Course 415: Control of Gaseous Emissions, EPA Publication EPA-450/2-81-005, December 1981, IBR approved for 264.1035 and 265.1035. As a Federal hazardous waste regulations adopted by U.S. EPA are found in Title 40, Code of Federal Regulations, (40 CFR), Parts 260- 279. Wastewater treatment unit means a device which: (1) Is part of a wastewater treatment facility that is subject to regulation under either section 402 or 307(b) of the Clean Water Act; and, (2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in 261.3 of this chapter, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 261.3 of this chapter, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in 261.3 of this Chapter; and. July 2022 The Environmental Protection Agency (EPA) publishes in the Federal Register periodic updates to the Federal Hazardous Waste regulations (40 CFR 260 - 273). If you have questions for the Agency that issued the current document please contact the agency directly. (d) If the waste is listed with code T in subpart D. (1) The petitioner must demonstrate that the waste: (i) Does not contain the constituent or constituents (as defined in appendix VII of part 261 of this chapter) that caused the Administrator to list the waste; or, (ii) Although containing one or more of the hazardous constituents (as defined in appendix VII of part 261) that caused the Administrator to list the waste, does not meet the criterion of 261.11(a)(3) when considering the factors used by the Administrator in 261.11(a)(3) (i) through (xi) under which the waste was listed as hazardous; and, (2) Based on a complete application, the Administrator must determine, where he has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste; and. Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. New hazardous waste management facility or new facility means a facility which began operation, or for which construction commenced after November 19, 1980. (12) The following statement signed by the generator of the waste or his authorized representative: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. (b) To be successful, the petitioner must demonstrate to the satisfaction of the Administrator that regulation under the universal waste regulations of 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. Region V - Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio. Staging piles must be designated by the Director according to the requirements of 40 CFR 264.554. guide. Unfit-for use tank system means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment. Title 40 was last amended 3/15/2023. (a) A solid waste, as defined in 261.2, which is not excluded from regulation as a hazardous waste under 261.4 (b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart. Remediation waste means all solid and hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, that are managed for implementing cleanup. (a) Any person may petition the Administrator to modify or revoke any provision in parts 260 through 266, 268 and 273 of this chapter. [50 FR 662, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]. Each cargo-carrying body (trailer, railroad freight car, etc.) (d) Hazardous secondary materials that are reclaimed in a continuous industrial process; and. Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. TEQ means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin. (12) ASTM E260-85, Standard Practice for Packed Column Gas Chromatography, IBR approved for 264.1063. (b) ASTM International (ASTM). Equivalent method means any testing or analytical method approved by the Administrator under 260.20 and 260.21. (b) Except as provided under paragraphs (c) and (d) of this section, any person who submits information to EPA in accordance with parts 260 through 266 and 268 of this chapter may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 2.203(b) of this chapter. Federal, State and local approvals or permits necessary to begin physical construction means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances. Search & Navigation formatting. The order may be appealed to the Administrator by any person who participated in the public hearing. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. The order becomes effective 30 days after service of the decision unless the Regional Administrator specifies a later date or unless review by the Administrator is requested. 4, 2006; 80 FR 1771, Jan. 13, 2015; 83 FR 24667, May 30, 2018]. Petitions to amend 40 CFR part 273 to include additional hazardous wastes. Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. (a) Any person seeking to add a testing or analytical method to part 261, 264, or 265 of this chapter may petition for a regulatory amendment under this section and 260.20. Comments or questions about document content can not be answered by OFR staff. Hazardous waste constituent means a constituent that caused the Administrator to list the hazardous waste in part 261, subpart D, of this chapter, or a constituent listed in table 1 of 261.24 of this chapter. Transfer facility means any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste or hazardous secondary materials are held during the normal course of transportation. (ii) Revision B, EPA-821-R-10-001, February 2010, IBR approved for appendix IX to part 261. Economic Cooperation and Development, Environment Directorate, 2 rue Andr Pascal, F-75775 Paris Cedex 16, France, owww.oecd-ilibrary.org/. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate. Remediation waste management site means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. (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. Well injection: (See underground injection.). (See also injection well.). Procedures for case-by-case regulation of hazardous waste recycling activities. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. 260.33 Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. (xiii) Method 1020C, Standard Test Methods for Flash Point by Setaflash (Small Scale) Closed-Cup Apparatus, dated December 2018, IBR approved for 261.21 and appendix IX to part 261. Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. As used in parts 260 through 273 of this chapter: (a) Words in the masculine gender also include the feminine and neuter genders; and, (b) Words in the singular include the plural; and. A used, intact CRT means a CRT whose vacuum has not been released. 260.43 Legitimate recycling of hazardous secondary materials. If you work for a Federal agency, use this drafting Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material. Hazardous waste means a hazardous waste as defined in 261.3 of this chapter. F020, F021, F022, F023, F026, and F027 ;40 CFR 261.31) are considered acute hazardous wastes. The federal regulations were implemented under the authority of Chapter 42, United States Code, (Resource Conservation and Recovery Act, also known as RCRA). (10) ASTM E168-88, Standard Practices for General Techniques of Infrared Quantitative Analysis, IBR approved for 264.1063. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. Land-based unit means an area where hazardous secondary materials are placed in or on the land before recycling. Existing hazardous waste management (HWM) facility or existing facility means a facility which was in operation or for which construction commenced on or before November 19, 1980. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and, (iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and, (iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. (iii) Exhibit a hazardous characteristic (as defined in part 261 subpart C) that analogous products do not exhibit. (xviii) Method 1320, Multiple Extraction Procedure, dated September 1986 and in the Basic Manual, IBR approved for appendix IX to part 261. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks. [45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984; 70 FR 34561, June 14, 2005; 74 FR 30230, June 25, 2009]. (6) Section 260.22 establishes procedures for petitioning EPA to amend subpart D of part 261 to exclude a waste from a particular facility. ), New tank system or new tank component means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986; except, however, for purposes of 264.193(g)(2) and 265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. Partial closure means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of parts 264 and 265 of this chapter at a facility that contains other active hazardous waste management units. (v) Method 0030, Volatile Organic Sampling Train, dated September 1986 and in the Basic Manual, IBR approved for appendix IX to part 261. The determinations will be based on the criteria contained in paragraphs (b) or (c) of this section, as applicable. The regulations governing hazardous waste identification, classification, generation, management and disposal are found in title 40 CFR parts 260 through 273. Unsaturated zone or zone of aeration means the zone between the land surface and the water table. (3) If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste. (b) The following factor must be considered in making a determination as to the overall legitimacy of a specific recycling activity. (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. Treatability study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. 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. 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]. EPA region means the states and territories found in any one of the following ten regions: Region I - Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island. Owner means the person who owns a facility or part of a facility. Material cited in paragraphs (d)(1) through (3) is available from: National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800; EPA's National Service Center for Environmental Publications at https://www.epa.gov/nscep. A separate drafting site AES filing compliance date means the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System (ITDS) platform. (2) The recycling process must produce a valuable product or intermediate. 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. (5) Section 260.21 establishes procedures for petitioning EPA to approve testing methods as equivalent to those prescribed in parts 261, 264, or 265 of this chapter. FAR). EPA-450/R-92-019, IBR approved for appendix IX to part 266. Box 9101, Quincy, MA 02269-9101, (800) 344-3555, www.nfpa.org/. (4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter. learn more about the process here. On ground tank means a device meeting the definition of tank in 260.10 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. The petitioner must make the same demonstration as required by paragraph (a) of this section. (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. (a) A solid waste, as defined in 261.2, is a hazardous waste if: (1) It is not excluded from regulation as a hazardous waste under 261.4 (b); and (2) It meets any of the following criteria: (i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part. (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. "Published Edition". This content is from the eCFR and may include recent changes applied to the CFR. Additional regulation of certain hazardous waste recycling activities on a case-by-case basis. 1 CFR 1.1 (3) Control of emission of the gaseous combustion products. The latest . The determination will be based on whether the hazardous secondary material is legitimately recycled as specified in 260.43 and on the following criteria: (1) The extent that the management of the hazardous secondary material is part of the continuous primary production process and is not waste treatment; (2) Whether the capacity of the production process would use the hazardous secondary material in a reasonable time frame and ensure that the hazardous secondary material will not be abandoned (for example, based on past practices, market factors, the nature of the hazardous secondary material, or any contractual arrangements); (3) Whether the hazardous constituents in the hazardous secondary material are reclaimed rather than released to the air, water or land at significantly higher levels from either a statistical or from a health and environmental risk perspective than would otherwise be released by the production process; and. Under federal regulations, any hazardous waste with an EPA hazardous waste code beginning with the letter "P" (40 CFR 261.33(e)) or any of six "F" hazardous waste codes (i.e. Airbag waste handler means any person, by site, who generates airbag waste that is subject to regulation under this chapter. information or personal data. 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. result, it may not include the most recent changes applied to the CFR. (a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under 260.20 and 260.22 and listed in appendix IX. Region VI - New Mexico, Oklahoma, Arkansas, Louisiana, and Texas. (e) Facilities receiving a variance or non-waste determination must provide notification as required by 260.42 of this chapter. Part 260 - Hazardous Waste Management System: General The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance or Last published: June 20, 2022 "Regulatory Synonym" listings in Table 302.4 of 40 CFR 302.4 (3) The generator and the recycler must manage the hazardous secondary material as a valuable commodity when it is under their control. Electronic Manifest System (or e-Manifest System) means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities. (See also incinerator and open burning.). Existing tank system or existing component means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14, 1986. CFR State Regulations prev | next 261.31 Hazardous wastes from non-specific sources. will bring you to those results. State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system. view historical versions There have been changes in the last two weeks to Chapter I. view changes Title 40 Chapter I Previous Next Top eCFR Content (a) For purposes of this section, state-only regulated waste means: (1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or. Subscribe to: Changes in Title 40 :: Chapter I :: Subchapter I :: Part 260. Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste. These changes will be effective on Jan. 1, 2023. Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs. Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. (vii) Method 0040, Sampling of Principal Organic Hazardous Constituents from Combustion Sources Using Tedlar Bags, dated December 1996 and in Update III, IBR approved for appendix IX to part 261. You can 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. (2) Section 260.3 establishes rules of grammatical construction for parts 260 through 265 and 268 of this chapter. Contained means held in a unit (including a land-based unit as defined in this subpart) that meets the following criteria: (1) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials to the environment, and is designed, as appropriate for the hazardous secondary materials, to prevent releases of hazardous secondary materials to the environment. (3) EPA approves the State determination. 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. Movement means that hazardous waste transported to a facility in an individual vehicle. 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