No free liquids may also be determined using another standard or test method as defined by an authorized state. (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. (d) Variances and non-waste determinations shall be effective for a fixed term not to exceed ten years. (9) ASTM D8175-18 Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester. Approved March 15, 2018, IBR approved for 261.21(a). Petitions to amend part 261 to exclude a waste produced at a particular facility. (4) Hazardous secondary materials in units that meet the applicable requirements of 40 CFR parts 264 or 265 are presumptively contained. Oregon Hazardous Waste Rules On Nov. 18, 2022, DEQ adopted a modified version of Environmental Protection Agency's Definition of Solid Waste Rule. (eg: 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 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]. This document is available in the following developer friendly formats: Information and documentation can be found in our Sump means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system. Designed to provide initial RCRA training or annual refresher training for hazardous waste personnel required by 40 CFR Part 262. (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. (xxi) Method 9012B, Total and Amenable Cyanide (Automated Colorimetric, with Off-Line Distillation), dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261 and 268.40, 268.44, 268.48. Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume. FAR). The Regional Administrator will provide notice of the hearing to the public and allow public participation at the hearing. (1) API Publication 2517, Third Edition, February 1989, Evaporative Loss from External Floating-Roof Tanks, IBR approved for 265.1084. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure. Existing portion means that land surface area of an existing waste management unit, included in the original Part A permit application, on which wastes have been placed prior to the issuance of a permit. (e) If the waste is listed with the code H in subpart D, (1) The petitioner must demonstrate that the waste does not meet the criterion of 261.11(a)(2); and, (2) Based on a complete application, the Administrator must determine, where he has a reasonable basis to believe that additional factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste; and, (f) [Reserved for listing radioactive wastes. Upon receiving such a request, the Regional Administrator will hold a public hearing. Under the Universal Waste Regulations, 40 CFR 273, there are permissible treatment activities. 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 The Administrator may choose to grant or to deny the appeal. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. EPA is aware that because of operational slowdowns and shutdowns due to COVID-19 at facilities that generate hazardous waste, there may be some cases where a generator may not be able to remove all hazardous waste from its accumulation areas before operational changes delay that removal past the Last published: January 19, 2023 Industrial furnace means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy: (7) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces), (8) Titanium dioxide chloride process oxidation reactors, (11) Combustion devices used in the recovery of sulfur values from spent sulfuric acid. 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. Non-waste determinations and variances from classification as a solid waste. (vii) Method 0040, Sampling of Principal Organic Hazardous Constituents from Combustion Sources Using Tedlar Bags, dated December 1996 and in Update III, IBR approved for appendix IX to part 261. 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. Hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. (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. Certification means a statement of professional opinion based upon knowledge and belief. As a On ground tank means a device meeting the definition of tank in 260.10 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected. (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. (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. Regulation Y Please note, Title 40 is typically not updated until July of the current calendar year. 260.34 Standards and criteria for non-waste determinations. (xxiv) Method 9060A, Total Organic Carbon, dated November 2004 and in Update IIIB, IBR approved for appendix IX to part 261, and 264.1034, 264.1063, 265.1034, 265.1063. section 6901 et seq. 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. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (i) A generator (as defined in this section) of universal waste; or. 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. Toxic wastes present a concern as they may be able to leach from waste and pollute groundwater. (x) Method 0060, Determination of Metals in Stack Emissions, dated December 1996 and in Update III, IBR approved for appendix IX to part 261, 266.106, and appendix IX to part 266. (2) EPA will make any cathode ray tube export documents prepared, used and submitted under 261.39(a)(5) and 261.41(a) of this chapter, and any 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 available to the public under this section when these electronic or paper documents are considered by EPA to be final documents. (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. (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. 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