260.41 Procedures for case-by-case regulation of hazardous waste recycling activities. 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. [73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015; 83 FR 24667, May 30, 2018]. Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter. 42 U.S.C. Learn more about the eCFR, its status, and the editorial process. (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). Subscribe to: Changes in Title 40 :: Chapter I :: Subchapter I :: Part 260. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat. DEQ did not adopt new hazardous secondary materials exclusions. [79 FR 7557, Feb. 7, 2014, as amended at 82 FR 60900, Dec. 26, 2017]. Transporter means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water. (d) Variances and non-waste determinations shall be effective for a fixed term not to exceed ten years. Inground tank means a device meeting the definition of tank in 260.10 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground. [45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]. (2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in 260.32. (12) ASTM E260-85, Standard Practice for Packed Column Gas Chromatography, IBR approved for 264.1063. 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 Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans. (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. (3) Sorting or otherwise managing glass removed from CRT monitors. Box 9101, Quincy, MA 02269-9101, (800) 344-3555, www.nfpa.org/. (See also incineration and thermal treatment.). Background and more details are available in the Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. Miscellaneous unit means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under part 146 of this chapter, containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under 40 CFR 270.65, or staging pile. Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA's national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet). guide. (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. 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. Displaying title 40, up to date as of 3/15/2023. ], (g) [Reserved for listing infectious wastes.]. 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]. will bring you directly to the content. 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 Administrator. Standards and criteria for variances from classification as a solid waste. (a) No person may offer, transport, transfer, or deliver a hazardous waste (waste) unless an EPA Form 8700-22 and 8700-22A (when necessary) hazardous waste manifest (manifest) is prepared in accordance with 40 CFR 262.20 and is signed, carried, and given as required of that person by this section. Staging pile means an accumulation of solid, non-flowing remediation waste (as defined in this section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. 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. 1/1.1 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. 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. 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. 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. (1) A hazardous waste treatment, storage, or disposal facility which: (i) Has received a permit (or interim status) in accordance with the requirements of parts 270 and 124 of this chapter; (ii) Has received a permit (or interim status) from a State authorized in accordance with part 271 of this chapter; or, (iii) Is regulated under 261.6(c)(2) or subpart F of part 266 of this chapter; and. (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. 260.34 Standards and criteria for non-waste determinations. Very small quantity generator is a generator who generates less than or equal to the following amounts in a calendar month: (1) 100 kilograms (220 lbs) of non-acute hazardous waste; and, (2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in 261.31 or 261.33(e) of this chapter; and. 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. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. Comments or questions about document content can not be answered by OFR staff. (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. 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. TO: RCRA Directors, EPA Regions 1-10 . Regulations of Connecticut State Agencies ("RCSA") Sections 22a-449 (c)-100 through -119, incorporating 40 CFR 124 and 40 CFR 260 to 279 through January 1, 2001. A waste which is so excluded, however, still may be a hazardous waste by operation of subpart C of part 261. (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. (1) A wipe that, after use or after cleaning up a spill, either: (i) Contains one or more of the F001 through F005 solvents listed in 40 CFR 261.31 or the corresponding P- or U- listed solvents found in 40 CFR 261.33; (ii) Exhibits a hazardous characteristic found in 40 CFR part 261 subpart C when that characteristic results from a solvent listed in 40 CFR part 261; and/or. CRT collector means a person who receives used, intact CRTs for recycling, repair, resale, or donation. A separate drafting site Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. (d) National Fire Protection Association (NFPA). (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. (j) After receiving a petition for an exclusion, the Administrator may request any additional information which he may reasonably require to evaluate the petition. (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. 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. Large quantity generator is a generator who generates any of the following amounts in a calendar month: (1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or, (2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in 261.31 or 261.33(e) of this chapter; or. (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. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities. formatting. (1) API Publication 2517, Third Edition, February 1989, Evaporative Loss from External Floating-Roof Tanks, IBR approved for 265.1084. Universal waste means any of the following hazardous wastes that are managed under the universal waste requirements of part 273 of this chapter: (1) Batteries as described in 273.2 of this chapter; (2) Pesticides as described in 273.3 of this chapter; (3) Mercury-containing equipment as described in 273.4 of this chapter; (4) Lamps as described in 273.5 of this chapter; and. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. (See also Existing hazardous waste management facility. (a) Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste regulations must be legitimate. (a) Any person may petition the Administrator to modify or revoke any provision in parts 260 through 266, 268 and 273 of this chapter. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous. Inactive portion means that portion of a facility which is not operated after the effective date of part 261 of this chapter. (d) Hazardous secondary materials that are reclaimed in a continuous industrial process; and. Equivalent method means any testing or analytical method approved by the Administrator under 260.20 and 260.21. Designed to provide initial RCRA training or annual refresher training for hazardous waste personnel required by 40 CFR Part 262. (5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method. (b) Each petition must be submitted to the Administrator by certified mail and must include: (2) A statement of the petitioner's interest in the proposed action; (3) A description of the proposed action, including (where appropriate) suggested regulatory language; and. (8) ASTM D8174-18 Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester. Approved March 15, 2018, IBR approved for 261.21(a). Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. 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