[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.10]

[Page 57]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 261_IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
 
  Subpart B_Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste
 
Sec. 261.10  Criteria for identifying the characteristics of hazardous 
waste.


    (a) The Administrator shall identify and define a characteristic of 
hazardous waste in subpart C only upon determining that:
    (1) A solid waste that exhibits the characteristic may:
    (i) Cause, or significantly contribute to, an increase in mortality 
or an increase in serious irreversible, or incapacitating reversible, 
illness; or
    (ii) Pose a substantial present or potential hazard to human health 
or the environment when it is improperly treated, stored, transported, 
disposed of or otherwise managed; and
    (2) The characteristic can be:
    (i) Measured by an available standardized test method which is 
reasonably within the capability of generators of solid waste or private 
sector laboratories that are available to serve generators of solid 
waste; or
    (ii) Reasonably detected by generators of solid waste through their 
knowledge of their waste.
    (b) [Reserved]