[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR273.81]

[Page 424-425]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 273--STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents
 
   Subpart G--Petitions to Include Other Wastes Under 40 CFR Part 273
 
Sec. 273.81  Factors for petitions to include other wastes under 40 CFR part 273.

    (a) The waste or category of waste, as generated by a wide variety 
of generators, is listed in subpart D of part 261 of this chapter, or 
(if not listed) a proportion of the waste stream exhibits one or more 
characteristics of hazardous waste identified in subpart C of part 261 
of this chapter. (When a characteristic waste is added to the universal 
waste regulations of this part 273 by using a generic name to identify 
the waste category (e.g., batteries), the definition of universal waste 
in Sec. 260.10 of this chapter and Sec. 273.9 will be amended to include 
only the hazardous waste portion of the waste category (e.g., hazardous 
waste batteries).) Thus, only the portion of the waste stream that does 
exhibit one or more characteristics (i.e., is hazardous waste) is 
subject to the universal waste regulations of this part 273;
    (b) The waste or category of waste is not exclusive to a specific 
industry or group of industries, is commonly generated by a wide variety 
of types of establishments (including, for example, households, retail 
and commercial businesses, office complexes, conditionally exempt small 
quantity generators, small businesses, government organizations, as well 
as large industrial facilities);
    (c) The waste or category of waste is generated by a large number of 
generators (e.g., more than 1,000 nationally) and is frequently 
generated in relatively small quantities by each generator;
    (d) Systems to be used for collecting the waste or category of waste 
(including packaging, marking, and labeling practices) would ensure 
close stewardship of the waste;
    (e) The risk posed by the waste or category of waste during 
accumulation and transport is relatively low compared to other hazardous 
wastes, and specific management standards proposed or referenced by the 
petitioner (e.g., waste management requirements appropriate to be added 
to 40 CFR 273.13, 273.33, and 273.52; and/or applicable Department of 
Transportation requirements) would be protective of human health and the 
environment during accumulation and transport;
    (f) Regulation of the waste or category of waste under 40 CFR part 
273 will increase the likelihood that the waste will be diverted from 
non-hazardous waste management systems (e.g., the municipal waste 
stream, non-hazardous industrial or commercial waste stream, municipal 
sewer or stormwater systems) to recycling, treatment, or disposal in 
compliance with Subtitle C of RCRA.

[[Page 425]]

    (g) Regulation of the waste or category of waste under 40 CFR part 
273 will improve implementation of and compliance with the hazardous 
waste regulatory program; and/or
    (h) Such other factors as may be appropriate.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6, 1999]