epa hazardous waste regulations 40 cfr

(xv) Method 1310B, Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261. 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. 260.31 Standards and criteria for variances from classification as a solid waste. Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine. Regional Administrator means the Regional Administrator for the EPA Region in which the facility is located, or his designee. In evaluating the extent to which this factor is met and in determining whether a process that does not meet this factor is still legitimate, persons can consider exposure from toxics in the product, the bioavailability of the toxics in the product and other relevant considerations. (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or. Legitimate recycling of hazardous secondary materials. (See also injection well.). (Identification number application forms may be obtained from EPA regional offices.) 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. (4) 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. (See also underground injection.). The eCFR is displayed with paragraphs split and indented to follow Manifest copy submission requirements for certain interstate waste shipments. (3) Elects to use the paper manifest form and submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with 264.71(a)(2)(v) or 265.71(a)(2)(v) of this chapter. A hazardous constituent is a regulated constituent specified in a treatment standard at 40 CFR section 268.40 or it may be an UHC. (1) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials prior to reclamation. Closed portion means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (a) Facilities managing hazardous secondary materials under 260.30, 261.4(a)(23), 261.4(a)(24), 261.4(a)(25), or 261.4(a)(27) must send a notification prior to operating under the regulatory provision and by March 1 of each even-numbered year thereafter to the Regional Administrator using EPA Form 8700-12 that includes the following information: (1) The name, address, and EPA ID number (if applicable) of the facility; (2) The name and telephone number of a contact person; (4) The regulation under which the hazardous secondary materials will be managed; (5) For reclaimers and intermediate facilities managing hazardous secondary materials in accordance with 261.4(a)(24) or (25), whether the reclaimer or intermediate facility has financial assurance (not applicable for persons managing hazardous secondary materials generated and reclaimed under the control of the generator); (6) When the facility began or expects to begin managing the hazardous secondary materials in accordance with the regulation; (7) A list of hazardous secondary materials that will be managed according to the regulation (reported as the EPA hazardous waste numbers that would apply if the hazardous secondary materials were managed as hazardous wastes); (8) For each hazardous secondary material, whether the hazardous secondary material, or any portion thereof, will be managed in a land-based unit; (9) The quantity of each hazardous secondary material to be managed annually; and. Develop the in-depth expertise needed to properly identify, store, and manage hazardous waste from cradle-to-grave in compliance with the Resource Conservation and Recovery Act (RCRA) regulations. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. (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) 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. (2) what pretreatment (if any) is required. 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. For purposes of this paragraph, generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. (3) The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions. (12) ASTM E260-85, Standard Practice for Packed Column Gas Chromatography, IBR approved for 264.1063. (v) Is used as an effective substitute for a commercial product. (iii) Exhibits only the hazardous waste characteristic of ignitability found in 40 CFR 261.21 due to the presence of one or more solvents that are not listed in 40 CFR part 261. 262.11 Hazardous waste determination and recordkeeping. Installation inspector means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems. Discharge or hazardous waste discharge means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water. Title 40 was last amended 3/15/2023. CFR State Regulations prev | next 261.31 Hazardous wastes from non-specific sources. 1/1.1 These approved materials are also available for inspection at the National Archives and Records Administration (NARA). Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. A facility has commenced construction if: (1) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either, (i) A continuous on-site, physical construction program has begun; or. 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. The petitioner also must show that the waste does not exhibit any of the other characteristics defined in 261.21, 261.22, 261.23, or 261.24 using any applicable methods prescribed therein; (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 hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. 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. Region III - Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of Columbia. (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. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps. (iii) Exhibit a hazardous characteristic (as defined in part 261 subpart C) that analogous products do not exhibit. FAR). 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. (iv) That has been designated on the manifest by the generator pursuant to 262.20. (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. (ii) Method 0011, Sampling for Selected Aldehyde and Ketone Emissions from Stationary Sources, Revision 1, dated August 2018, IBR approved for appendix IX to part 261 and appendix IX to part 266. Hazardous waste means a hazardous waste as defined in 261.3 of this chapter. This does not necessarily mean the wastes are not hazardous . Background and more details are available in the (1) The product of the recycling process does not: (i) Contain significant concentrations of any hazardous constituents found in appendix VIII of part 261 that are not found in analogous products; or, (ii) Contain concentrations of hazardous constituents found in appendix VIII of part 261 at levels that are significantly elevated from those found in analogous products, or. Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. is available with paragraph structure matching the official CFR If the owner or operator of the facility wishes to challenge the Regional Administrator's decision, he may do so in his permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit or on the notice of intent to deny the permit. Federal agency means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office. Material cited in paragraph (d)(4) of this section is available at https://www.epa.gov/hw-sw846. Title 40: Protection of Environment is the section of the CFR that deals with EPA's mission of protecting human health and the environment. switch to drafting.ecfr.gov. This web site is designed for the current versions of Corrosion expert means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Administrator means the Administrator of the Environmental Protection Agency, or his designee. 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. Underground tank means a device meeting the definition of tank in 260.10 whose entire surface area is totally below the surface of and covered by the ground. [73 FR 64758, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015]. Pressing enter in the search box Cathode ray tube or CRT means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. (3) Control of emission of the gaseous combustion products. (1) After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used and submitted under 261.39(a)(5) and 261.41(a) of this chapter, and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this chapter, whether submitted electronically into EPA's Waste Import Export Tracking System or in paper format. (i) A person who treats (except under the provisions of 40 CFR 273.13(a) or (c), or 40 CFR 273.33(a) or (c)), disposes of, or recycles (except under the provisions of 40 CFR 273.13(e) or 40 CFR 273.33(e)) universal waste; or. US EPA Issues Final Rules for Five Hazardous Substances Under TSCA (Toxic Substances Control Act) Toys and Juvenile Products, Hardgoods, Hardgoods, Hardgoods, Softlines, Softlines, Softlines, Electrical & Electronics, Electrical & Electronics February 09, 2021 Petitions to amend part 261 to exclude a waste produced at a particular facility. (xvi) Method 1311, Toxicity Characteristic Leaching Procedure, dated July 1992 and in Update I, IBR approved for appendix IX to part 261, and 261.24, 268.7, 268.40. 260.2 Availability of information; confidentiality of information. For the purposes of 261.2(a)(2)(ii) and 261.4(a)(23), a facility that collects hazardous secondary materials from other persons is not the hazardous secondary material generator. The latest . Availability of information; confidentiality of information. To be successful: (1) The petitioner must demonstrate to the satisfaction of the Administrator that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous or an acutely hazardous waste; and. Unsaturated zone or zone of aeration means the zone between the land surface and the water table. 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. If you have questions for the Agency that issued the current document please contact the agency directly. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or State approved corrective action. 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. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. When used in parts 260 through 273 of this chapter, the following terms have the meanings given below: Above ground tank means a device meeting the definition of tank in 260.10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected. The Administrator may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or non-waste determination or may require the facility to re-apply for the variance or non-waste determination. [50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 71 FR 16902, Apr. (eg: In making this decision, the Regional Administrator will consider the following factors: (1) The types of materials accumulated or stored and the amounts accumulated or stored; (2) The method of accumulation or storage; (3) The length of time the materials have been accumulated or stored before being reclaimed; (4) Whether any contaminants are being released into the environment, or are likely to be so released; and. Military munitions do not Exhibit 2008, as amended at 80 FR 1772, Jan. 13 2015. Agency that issued the current document please contact the Agency directly issued the current please... Effective substitute for a commercial product and the District of Columbia for the EPA in! Regulated constituent specified in a treatment standard at 40 CFR section 268.40 or it may be obtained EPA. Is available at https: //www.epa.gov/hw-sw846 Administrator of the gaseous combustion products 2008, as amended at 80 FR,. 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