[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR260.21]

[Page 21]
 
                   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. 260.21  Petitions for equivalent testing or analytical methods.

    (a) Any person seeking to add a testing or analytical method to part 
261, 264, or 265 of this chapter may petition for a regulatory amendment 
under this section and Sec. 260.20. To be successful, the person must 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method prescribed in 
part 261, 264, or 265 of this chapter, in terms of its sensitivity, 
accuracy, and precision (i.e., reproducibility).
    (b) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) A full description of the proposed method, including all 
procedural steps and equipment used in the method;
    (2) A description of the types of wastes or waste matrices for which 
the proposed method may be used;
    (3) Comparative results obtained from using the proposed method with 
those obtained from using the relevant or corresponding methods 
prescribed in part 261, 264, or 265 of this chapter;
    (4) An assessment of any factors which may interfere with, or limit 
the use of, the proposed method; and
    (5) A description of the quality control procedures necessary to 
ensure the sensitivity, accuracy and precision of the proposed method.
    (c) After receiving a petition for an equivalent method, the 
Administrator may request any additional information on the proposed 
method which he may reasonably require to evaluate the method.
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated in ``Test Methods 
for the Evaluation of Solid Waste: Physical/Chemical Methods,'' SW-846, 
U.S. Environmental Protection Agency, Office of Solid Waste, Washington, 
DC 20460.

[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 260.21 was 
amended by revising paragraph (d), effective July 14, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 260.21  Petitions for equivalent testing or analytical methods.

                                * * * * *

    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated by reference in 
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental 
Protection Agency, Office of Solid Waste, Washington, DC 20460.