[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.20]

[Page 56-57]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
 
              Subpart C--Characteristics of Hazardous Waste
 
Sec. 261.20  General.


    (a) A solid waste, as defined in Sec. 261.2, which is not excluded 
from regulation as a hazardous waste under Sec. 261.4(b), is a hazardous 
waste if it exhibits any of the characteristics identified in this 
subpart.

[Comment: Sec. 262.11 of this chapter sets forth the generator's 
responsibility to determine whether his waste exhibits one or more of 
the characteristics identified in this subpart]
    (b) A hazardous waste which is identified by a characteristic in 
this subpart is assigned every EPA Hazardous Waste Number that is 
applicable as set forth in this subpart. This number must be used in 
complying with the notification requirements of section 3010 of the Act 
and all applicable recordkeeping and reporting requirements under parts 
262 through 265, 268, and 270 of this chapter.

[[Page 57]]

    (c) For purposes of this subpart, the Administrator will consider a 
sample obtained using any of the applicable sampling methods specified 
in appendix I to be a representative sample within the meaning of part 
260 of this chapter.

[Comment: Since the appendix I sampling methods are not being formally 
adopted by the Administrator, a person who desires to employ an 
alternative sampling method is not required to demonstrate the 
equivalency of his method under the procedures set forth in Secs. 260.20 
and 260.21.]

[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 
FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]