Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 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 Sorbent means a material that is used to soak up free liquids by either adsorption or absorption, or both. 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. (Identification number application forms may be obtained from EPA regional offices.) Any constituent that is listed in the table at 40 CFR section 268.48, except for fluoride, selenium, sulfides, vanadium and zinc can be a UHC. Universal waste transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed. (5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method. (3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition. Title 40: Protection of Environment is the section of the CFR that deals with EPA's mission of protecting human health and the environment. 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. view historical versions Title 40 Chapter I Subchapter I Part 263 Previous Next Top Table of Contents Details eCFR Content (ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility. (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. 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) Whether market participants treat the hazardous secondary material as a product or intermediate rather than a waste (for example, based on the current positive value of the hazardous secondary material, stability of demand, or any contractual arrangements); (2) Whether the chemical and physical identity of the hazardous secondary material is comparable to commercial products or intermediates; (3) Whether the capacity of the market 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); (4) 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. (3) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 261.31 or 261.33(e) of this chapter. Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. Hazardous waste management unit is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. 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. developer resources. (v) Method 0030, Volatile Organic Sampling Train, dated September 1986 and in the Basic Manual, IBR approved for appendix IX to part 261. learn more about the process here. Please note, Title 40 is typically not updated until July of the current calendar year. Certification means a statement of professional opinion based upon knowledge and belief. Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials. (viii) Method 0050, Isokinetic HCl/Cl2 Emission Sampling Train, dated December 1996 and in Update III, IBR approved for appendix IX to part 261, 266.107, and appendix IX to part 266. 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. 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; (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. (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. Comments or questions about document content can not be answered by OFR staff. 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. (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. [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]. (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). Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. Thermostat means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 273.33(c)(2). An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. This content is from the eCFR and is authoritative but unofficial. citations and headings Examples of landfill cells are trenches and pits. The Regional Administrator will issue a final order after the hearing stating whether or not compliance with part 262 is required. Underground injection means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. eCFR :: 40 CFR Chapter I -- Environmental Protection Agency The Electronic Code of Federal Regulations Title 40 Displaying title 40, up to date as of 3/02/2023. (iv) That has been designated on the manifest by the generator pursuant to 262.20. Final Agency action occurs when a final order is issued and Agency review procedures are exhausted. 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); (xii) Method 1010B, Test Methods for Flash Point by Pensky-Martens Closed-Cup Tester, dated December 2018, IBR approved for 261.21 and appendix IX to part 261. Availability of information; confidentiality of information. (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. (5) ASTM D2382-83, Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for 264.1033 and 265.1033. Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water. 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. will bring you directly to the content. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, www.astm.org. Person means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. (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). 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. (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. 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. 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. CRT collector means a person who receives used, intact CRTs for recycling, repair, resale, or donation. Region III - Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of Columbia. 1 Batterymarch Park, P.O. Publicly owned treatment works or POTW means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality (as defined by section 502(4) of the CWA). Region IX - California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands. (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. Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary. Inactive portion means that portion of a facility which is not operated after the effective date of part 261 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. the hierarchy of the document. Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure. 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. 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. CFR State Regulations prev | next 261.31 Hazardous wastes from non-specific sources. However, the factor in this paragraph does not have to be met for the recycling to be considered legitimate. 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. Final rules for five hazardous chemicals have been published by the U.S. EPA (Environmental Protection Agency). (xx) Method 9010C, Total and Amenable Cyanide: Distillation, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and 268.40, 268.44, 268.48. 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. Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter. Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste. If the updated regulations are considered by the EPA to be more stringent than existing regulations, DHEC is required to adopt them. 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. The question of whether the Regional Administrator's decision was proper will remain open for consideration during the public comment period discussed under 124.11 of this chapter and in any subsequent hearing. (3) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 261.31 or 261.33(e) of this chapter. (i) A generator (as defined in this section) of universal waste; or. Staging piles must be designated by the Director according to the requirements of 40 CFR 264.554. 552(a) and 1 CFR part 51. (2) Section 260.3 establishes rules of grammatical construction for parts 260 through 265 and 268 of this chapter. (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. (a) The applicant must apply to the Administrator for the variance or non-waste determination. A central accumulation area at an eligible academic entity that chooses to operate under 40 CFR part 262 subpart K is also subject to 262.211 when accumulating unwanted material and/or hazardous waste. If, after careful evaluation of these considerations, the factor in this paragraph is not met, then this fact may be an indication that the material is not legitimately recycled. 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. is a separate transport vehicle. 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. (l) The Administrator may exclude only part of the waste for which the demonstration is submitted where he has reason to believe that variability of the waste justifies a partial exclusion. Airbag waste handler means any person, by site, who generates airbag waste that is subject to regulation under this chapter. 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