[Code of Federal Regulations] [Title 40, Volume 23] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR260.41] [Page 23-29] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents Subpart C--Rulemaking Petitions Sec. 260.41 Procedures for case-by-case regulation of hazardous waste recycling activities. The Regional Administrator will use the following procedures when determining whether to regulate hazardous waste recycling activities described in Sec. 261.6(a)(2)(iv) under the provisions of Sec. 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, [[Page 24]] 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 on the draft permit or on the notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the Agency's determination. The question of whether the Regional Administrator's decision was proper will remain open for consideration during the public comment period discussed under Sec. 124.11 of this chapter and in any subsequent hearing. [50 FR 663, Jan. 4, 1985]` Appendix I to Part 260--Overview of Subtitle C Regulations The Agency believes that there are many people who suspect, but are not sure, that their activities are subject to control under the RCRA Subtitle C rules. This appendix is written for these people. It is designed to help those who are unfamiliar with the hazardous waste control program to determine with which, if any, of the regulations they should comply. Definition of Solid Waste The first question which such a person should ask himself is: ``Is the material I handle a solid waste?'' If the answer to this question is ``No'', then the material is not subject to control under RCRA and, therefore, the person need not worry about whether he should comply with the Subtitle C rules. Section 261.2 of this chapter provides a definition of ``solid waste'' which expands the statutory definition of that term given in section 1004(27) of RCRA. This definition is diagrammed in Figure 1 below. Figure 1 explains that all materials are either: (1) Garbage refuse, or sludge; (2) solid, liquid, semi-solid or contained gaseous material; or (3) something else. No materials in the third category are solid waste. All materials in the first category are solid waste. Materials in the second category are solid waste unless they are one of the five exclusions specified in Sec. 261.4(a). Definition of Hazardous Waste If a person has determined that his material is a ``solid waste'', the next question he should ask is: ``Is the solid waste I handle a hazardous waste?'' Hazardous waste is defined in Sec. 261.3 of this chapter. Section 261.3 provides that, in general, a solid waste is a hazardous waste if: (1) It is, or contains, a hazardous waste listed in subpart D of part 261 of this chapter, or (2) the waste exhibits any of the characteristics defined in subpart C of part 261. However, parts 260 and 261 also contain provisions which exclude (Secs. 261.4(b), 260.20, and 260.22) certain solid wastes from the definition of ``hazardous waste'', even though they are listed in subpart D or exhibit one or more of the characteristics defined in subpart C. Figure 2 depicts the interplay of these special provisions with the definition of ``hazardous waste''. It presents a series of questions which a person should ask himself concerning his waste. After doing so, the person should be able to determine if the solid waste he handles is a hazardous waste. Hazardous Waste Regulations If this is the case, the person should look at Figure 3. Figure 3 depicts the special provisions specified in the final part 261 rules for hazardous waste which: 1. Is generated by a small quantity generator 2. Is or is intended to be legitimately and beneficially used, re-used, recycled, or reclaimed [[Page 25]] 3. Is a sludge; is listed in part 261, subpart D; or is a mixture containing a waste listed in part 261, subpart D. For each of these Groups, Figure 3 indicates with which subtitle C regulations (if any) the person handling these wastes must comply. Figure 3 also explains that, if a person handles hazardous waste which is not included in any one of the above three categories, his waste is subject to the subtitle C regulations diagrammed in Figure 4. Figure 4 is a flowchart which identifies the three categories of activities regulated under the subtitle C rules, and the corresponding set of rules with which people in each of these categories must comply. It points out that all people who handle hazardous waste are either: (1) Generators of hazardous waste, (2) transporters of hazardous waste, (3) owners or operators of hazardous waste treatment, storage, or disposal facilities, or (4) a combination of the above. Figure 4 indicates that all of these people must notify EPA of their hazardous waste activities in accordance with the Section 3010 Notification Procedures (see 45 FR 12746 et seq.), and obtain an EPA identification number. It should be noted that people handling wastes listed in subpart D of part 261 who have filed, or who intend to file an application to exempt their waste from regulation under the subtitle C rules, must also comply with the notification requirements of section 3010. If a person generates hazardous waste, Figure 4 indicates that he must comply with the part 262 rules. If he transports it, he must comply with the part 263 rules. The standards in both these parts are designed to ensure, among other things, proper recordkeeping and reporting, the use of a manifest system to track shipments of hazardous waste, the use of proper labels and containers, and the delivery of the waste to a permitted treatment, storage, or disposal facility. If a person owns or operates a facility which treats, stores, or disposes of hazardous waste, the standards with which he must comply depend on a number of factors. First of all, if the owner or operator of a storage facility is also the person who generates the waste, and the waste is stored at the facility for less than 90 days for subsequent shipment off-site, then the person must comply with Sec. 262.34 of the part 262 rules. All other owners or operators of treatment, storage, or disposal facilities must comply with either the part 264 or the part 265 rules. To determine with which of these sets of rules an owner or operator must comply, he must find out whether his facility qualifies for interim status. To qualify, the owner or operator must: (1) Have been treating, storing, or disposing of the hazardous waste, or commenced facility construction on or before October 21, 1976, (2) comply with the section 3010 notification requirements, and (3) apply for a permit under part 270 of this chapter. If the owner or operator has done all of the above, he qualifies for interim status, and he must comply with the part 265 rules. These rules contain administrative requirements, monitoring and closure standards, and an abbreviated set of technical and closure and post-closure cost estimate requirements. The owner or operator must comply with these standards until final administrative disposition of his permit application is made. If a permit is issued to the owner or operator, he must then comply with the permit which will be based on the part 264 rules. If the owner or operator has not carried out the above three requirements, he does not qualify for interim status. Until he is issued a permit for his facility, the owner or operator must stop waste management operations (if any) at the facility, and send his hazardous waste (if any) to a facility whose owner or operator has interim status or to a storage facility following the part 262 rules. In order to apply for a permit, the owner or operator must comply with the procedures specified in part 270 of this chapter. It should be noted that the Agency will be periodically revising the rules depicted in Figures 3 and 4. All persons are encouraged to write to EPA to verify that the regulations which they are reading are up-to- date. To obtain this verification, contact: Solid Waste Information, U.S. Environmental Protection Agency, 26 West St. Clair Street, Cincinnati, Ohio 45268 (513) 684-5362. [[Page 26]] [GRAPHIC] [TIFF OMITTED] TC01AU92.000 [[Page 27]] [GRAPHIC] [TIFF OMITTED] TC01AU92.001 [[Page 28]] [GRAPHIC] [TIFF OMITTED] TC01AU92.002 [[Page 29]] [GRAPHIC] [TIFF OMITTED] TC01AU92.003