cfr_sections
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20 rows where part_number = 260 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:28.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | A | Subpart A—General | § 260.1 Purpose, scope, and applicability. | EPA | [45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986] | (a) This part provides definitions of terms, general standards, and overview information applicable to parts 260 through 265 and 268 of this chapter. (b) In this part: (1) Section 260.2 sets forth the rules that EPA will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to EPA under parts 260 through 265 and 268 of this chapter. (2) Section 260.3 establishes rules of grammatical construction for parts 260 through 265 and 268 of this chapter. (3) Section 260.10 defines terms which are used in parts 260 through 265 and 268 of this chapter. (4) Section 260.20 establishes procedures for petitioning EPA to amend, modify, or revoke any provision of parts 260 through 265 and 268 of this chapter and establishes procedures governing EPA's action on such petitions. (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. (6) Section 260.22 establishes procedures for petitioning EPA to amend subpart D of part 261 to exclude a waste from a particular facility. | |||
| 40:40:28.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | A | Subpart A—General | § 260.2 Availability of information; confidentiality of information. | EPA | [79 FR 7557, Feb. 7, 2014, as amended at 82 FR 60900, Dec. 26, 2017; 89 FR 60724, July 26, 2024] | (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. section 552, section 3007(b) of RCRA and EPA regulations implementing the Freedom of Information Act and section 3007(b), and part 2 of this chapter, as applicable. (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. Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in part 2, subpart B, of this chapter. (c)(1) After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with § 262.20(a)(3) of this chapter. (2) EPA will make any electronic manifest that is prepared and used in accordance with § 262.20(a)(3), or any paper manifest that is submitted to the system under §§ 264.71(a)(6) or 265.71(a)(6) of this chapter available to the public under this section when the electronic or paper manifest is a complete and final document. 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. (d)(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 submi… | |||
| 40:40:28.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | A | Subpart A—General | § 260.3 Use of number and gender. | EPA | [45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 81 FR 85805, Nov. 28, 2016] | 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 (c) Words in the plural include the singular. | |||
| 40:40:28.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | A | Subpart A—General | § 260.4 Manifest copy submission requirements for certain interstate waste shipments. | EPA | [83 FR 451, Jan. 3, 2018] | (a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located: (1) Complete the facility portion of the applicable manifest; (2) Sign and date the facility certification; (3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and (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. | |||
| 40:40:28.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | A | Subpart A—General | § 260.5 Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments. | EPA | [83 FR 451, Jan. 3, 2018] | (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 (2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law. (b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall: (1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and (2) 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. | |||
| 40:40:28.0.1.1.1.2.1.1 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | B | Subpart B—Definitions | § 260.10 Definitions. | EPA | [45 FR 33073, May 19, 1980] | 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. 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. section 6901 et seq. Active life of a facility means the period from the initial receipt of hazardous waste at the facility until the Regional Administrator receives certification of final closure. 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. (See also “closed portion” and “inactive portion”.) 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. Administrator means the Administrator of the Environmental Protection Agency, or his designee. 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. 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. Airbag waste means any hazardous waste airbag modules or… | |||
| 40:40:28.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | B | Subpart B—Definitions | § 260.11 Incorporation by reference. | EPA | [85 FR 40606, July 7, 2020] | When used in parts 260 through 268 of this chapter, the following materials are incorporated by reference with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved materials are available for inspection at the OLEM Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. 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. The telephone number of the EPA/DC Public Reading room is (202) 566-1744, and the telephone number for the OLEM Docket is (202) 566-0270. These approved materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html. In addition, these materials are available from the following sources: (a) American Petroleum Institute (API). 1220 L Street Northwest, Washington, DC 20005, (855) 999-9870, www.api.org. (1) API Publication 2517, Third Edition, February 1989, “Evaporative Loss from External Floating-Roof Tanks,” IBR approved for § 265.1084. (2) [Reserved] (b) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, www.astm.org. (1) ASTM D93-79, “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” IBR approved for § 261.21(a). (2) ASTM D93-80, “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” IBR approved for § 261.21(a). (3) ASTM D1946-82, “Standard Method for Analysis of Reformed Gas by Gas Chromatography,” IBR approved for §§ 264.1033 and 265.1033. (4) ASTM D2267-88, “Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,” IBR approved for § 264.1063. (5) ASTM D2382-83, “Standard Test Method for Heat of Co… | |||
| 40:40:28.0.1.1.1.3.1.1 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.20 General. | EPA | [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] | (a) Any person may petition the Administrator to modify or revoke any provision in parts 260 through 266, 268 and 273 of this chapter. This section sets forth general requirements which apply to all such petitions. 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. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from § 261.3 of this chapter or the lists of hazardous wastes in subpart D of part 261 of this chapter. Section 260.23 sets forth additional requirements for petitions to amend part 273 of this chapter to include additional hazardous wastes or categories of hazardous waste as universal waste. (b) Each petition must be submitted to the Administrator by certified mail and must include: (1) The petitioner's name and address; (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 (4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information. (c) The Administrator will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, in the Federal Register for written public comment. (d) Upon the written request of any interested person, the Administrator may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The Administrator may in any case decide on his own motion to hold an informal public hearing. (e) After evaluating all public comments the Administrator will … | |||
| 40:40:28.0.1.1.1.3.1.10 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.40 Additional regulation of certain hazardous waste recycling activities on a case-by-case basis. | EPA | [50 FR 662, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006] | (a) The Regional Administrator may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in § 261.6(a)(2)(iii) of this chapter should be regulated under § 261.6 (b) and (c) of this chapter. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. 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 (5) Other relevant factors. (b) [Reserved] The procedures for this decision are set forth in § 260.41 of this chapter. | |||
| 40:40:28.0.1.1.1.3.1.11 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.41 Procedures for case-by-case regulation of hazardous waste recycling activities. | EPA | [50 FR 663, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006] | The Regional Administrator will use the following procedures when determining whether to regulate hazardous waste recycling activities described in § 261.6(a)(2)(iii) under the provisions of § 261.6 (b) and (c), rather than under the provisions of subpart F of part 266 of this chapter. (a) If a generator is accumulating the waste, the Regional Administrator will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of subparts A, C, D, and E of part 262 of this chapter. The notice will become final within 30 days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the Regional Administrator will hold a public hearing. The Regional Administrator will provide notice of the hearing to the public and allow public participation at the hearing. The Regional Administrator will issue a final order after the hearing stating whether or not compliance with part 262 is required. 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. The order may be appealed to the Administrator by any person who participated in the public hearing. The Administrator may choose to grant or to deny the appeal. Final Agency action occurs when a final order is issued and Agency review procedures are exhausted. (b) If the person is accumulating the recyclable material as a storage facility, the notice will state that the person must obtain a permit in accordance with all applicable provisions of parts 270 and 124 of this chapter. The owner or operator of the facility must apply for a permit within no less than 60 days and no more than six months of notice, as specified in the notice. 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 o… | |||
| 40:40:28.0.1.1.1.3.1.12 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.42 Notification requirement for hazardous secondary materials. | EPA | [73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015; 83 FR 24667, May 30, 2018] | (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; (3) The NAICS code of the facility; (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 (10) The certification (included in EPA Form 8700-12) signed and dated by an authorized representative of the facility. (b) If a facility managing hazardous secondary materials has submitted a notification, but then subsequently stops managing hazardous secondary materials in accordance with the regulation(s) listed above, the facility must notify the Regional Administrator within thirty (30) days using EPA Form 8700-12. For purposes of this section, a facility has stopped managing hazardous secondary materials if the facil… | |||
| 40:40:28.0.1.1.1.3.1.13 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.43 Legitimate recycling of hazardous secondary materials. | EPA | [73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015; 83 FR 24667, May 30, 2018] | (a) Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste regulations must be legitimate. Hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. In determining if their recycling is legitimate, persons must address all the requirements of this paragraph and must consider the requirements of paragraph (b) of this section. (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. The hazardous secondary material provides a useful contribution if it: (i) Contributes valuable ingredients to a product or intermediate; or (ii) Replaces a catalyst or carrier in the recycling process; or (iii) Is the source of a valuable constituent recovered in the recycling process; or (iv) Is recovered or regenerated by the recycling process; or (v) Is used as an effective substitute for a commercial product. (2) The recycling process must produce a valuable product or intermediate. The product or intermediate is valuable if it is: (i) Sold to a third party; or (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. (3) The generator and the recycler must manage the hazardous secondary material as a valuable commodity when it is under their control. Where there is an analogous raw material, the hazardous secondary material must be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. Where there is no analogous raw material, the hazardous secondary material must be contained. Hazardous secondary materials that are released to the environment and are not recovered immediately are discarded. (b) The following factor must be considered in making a determination as to the overall legitimacy of a specific recycling activity… | |||
| 40:40:28.0.1.1.1.3.1.2 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.21 Petitions for equivalent testing or analytical methods. | EPA | [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] | (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. 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). (b) Each petition must include, in addition to the information required by § 260.20(b): (1) A full description of the proposed method, including all procedural steps and equipment used in the method; (2) A description of the types of wastes or waste matrices for which the proposed method may be used; (3) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in part 261, 264, or 265 of this chapter; (4) An assessment of any factors which may interfere with, or limit the use of, the proposed method; and (5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method. (c) After receiving a petition for an equivalent method, the Administrator may request any additional information on the proposed method which he may reasonably require to evaluate the method. (d) If the Administrator amends the regulations to permit use of a new testing method, the method will be incorporated by reference in § 260.11 and added to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, Washington, DC 20460. | |||
| 40:40:28.0.1.1.1.3.1.3 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.22 Petitions to amend part 261 to exclude a waste produced at a particular facility. | EPA | [45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54 FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994; 70 FR 34561, June 14, 2005; 71 FR 40258, July 14, 2006] | (a) Any person seeking to exclude a waste at a particular generating facility from the lists in subpart D of part 261 may petition for a regulatory amendment under this section and § 260.20. 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 (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. A waste which is so excluded, however, still may be a hazardous waste by operation of subpart C of part 261. (b) The procedures in this Section and § 260.20 may also be used to petition the Administrator for a regulatory amendment to exclude from § 261.3(a)(2)(ii) or (c), a waste which is described in these Sections and is either a waste listed in subpart D, or is derived from a waste listed in subpart D. This exclusion may only be issued for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by paragraph (a) of this section. Where the waste is a mixture of solid waste and one or more listed hazardous wastes or is derived from one or more hazardous wastes, his demonstration must be made with respect to the waste mixture as a whole; analyses must be conducted for not only those constituents for which the listed waste contained in the mixture was listed as hazardous, but also for factors (including additional constituents) that could cause the waste mixture to be a hazardous waste. A waste which is so excluded may still be a hazardous waste by operation of subpart C of part 261. (c) If the waste is listed with codes “I”, “C”, “R”, or “E”, in subpart D, (1… | |||
| 40:40:28.0.1.1.1.3.1.4 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.23 Petitions to amend 40 CFR part 273 to include additional hazardous wastes. | EPA | [60 FR 25540, May 11, 1995] | (a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of part 273 of this chapter may petition for a regulatory amendment under this section, 40 CFR 260.20, and subpart G of 40 CFR part 273. (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. The petition must include the information required by 40 CFR 260.20(b). The petition should also address as many of the factors listed in 40 CFR 273.81 as are appropriate for the waste or category of waste addressed in the petition. (c) The Administrator will grant or deny a petition using the factors listed in 40 CFR 273.81. 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. (d) The Administrator may request additional information needed to evaluate the merits of the petition. | |||
| 40:40:28.0.1.1.1.3.1.5 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.30 Non-waste determinations and variances from classification as a solid waste. | EPA | [50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 73 FR 64758, Oct. 30, 2008; 80 FR 1771, Jan. 13, 2015; 83 FR 24667, May 30, 2018] | In accordance with the standards and criteria in § 260.31 and § 260.34 and the procedures in § 260.33, the Administrator may determine on a case-by-case basis that the following recycled materials are not solid wastes: (a) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in § 261.1(c)(8) of this chapter); (b) Materials that are reclaimed and then reused within the original production process in which they were generated; (c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered. (d) Hazardous secondary materials that are reclaimed in a continuous industrial process; and (e) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate. | |||
| 40:40:28.0.1.1.1.3.1.6 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.31 Standards and criteria for variances from classification as a solid waste. | EPA | [50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 71 FR 16902, Apr. 4, 2006; 80 FR 1771, Jan. 13, 2015; 83 FR 24667, May 30, 2018] | (a) The Administrator may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The Administrator's decision will be based on the following criteria: (1) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangements for recycling); (2) The reason that the applicant has accumulated the material for one or more years without recycling 75 percent of the volume accumulated at the beginning of the year; (3) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled; (4) The extent to which the material is handled to minimize loss; (5) Other relevant factors. (b) The Administrator may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production 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… | |||
| 40:40:28.0.1.1.1.3.1.7 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.32 Variances to be classified as a boiler. | EPA | [50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994] | 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 (f) Other factors, as appropriate. | |||
| 40:40:28.0.1.1.1.3.1.8 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.33 Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations. | EPA | [59 FR 48041, Sept. 19, 1994, as amended at 73 FR 64758, Oct. 30, 2008; 80 FR 1772, Jan. 13, 2015] | The Administrator will use the following procedures in evaluating applications for variances from classification as a solid waste, applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations. (a) The applicant must apply to the Administrator for the variance or non-waste determination. The application must address the relevant criteria contained in § 260.31, § 260.32, or § 260.34, as applicable. (b) The Administrator will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The Administrator will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at his discretion. The Administrator will issue a final decision after receipt of comments and after the hearing (if any). (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. 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. (d) Variances and non-waste determinations shall be effective for a fixed term not to exceed ten years. No later than six months prior to the end of this term, facilities must re-apply for a variance or non-waste determination. If a facility re-applies for a variance or non-waste determination within six months, the facility may continue to operate under an expired variance or non-waste determination until receiving a decision on their re-application from the Admi… | |||
| 40:40:28.0.1.1.1.3.1.9 | 40 | Protection of Environment | I | I | 260 | PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL | C | Subpart C—Rulemaking Petitions | § 260.34 Standards and criteria for non-waste determinations. | EPA | [73 FR 64758, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015] | (a) An applicant may apply to the Administrator for a formal determination that a hazardous secondary material is not discarded and therefore not a solid waste. The determinations will be based on the criteria contained in paragraphs (b) or (c) of this section, as applicable. If an application is denied, the hazardous secondary material might still be eligible for a solid waste variance or exclusion (for example, one of the solid waste variances under § 260.31). Determinations may also be granted by the State if the State is either authorized for this provision or if the following conditions are met: (1) The State determines the hazardous secondary material meets the criteria in paragraphs (b) or (c) of this section, as applicable; (2) The State requests that EPA review its determination; and (3) EPA approves the State determination. (b) The Administrator may grant a non-waste determination for hazardous secondary material which is reclaimed in a continuous industrial process if the applicant demonstrates that the hazardous secondary material is a part of the production process and is not discarded. 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 p… |
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