[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-42.001]



[Page 169-171]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-42_UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND 

CERTAIN CATEGORIES OF PROPERTY--Table of Contents

 

Sec. 101-42.001  Definitions of terms.



    For the purposes of this part 101-42, the following terms shall have 

the meaning set forth below:



[[Page 170]]



    Acid contaminated property means property that may cause burns or 

toxicosis when improperly handled due to acid residues adhering to or 

trapped within the material.

    Biologicals means hazardous materials which are of or pertain to the 

products and operations of applied biology, or any biochemical products, 

especially serums, vaccines, etc., produced from microorganisms.

    Certified electronic product means any electronic product which 

bears the manufacturer's certification label or tag (21 CFR 1010.2) 

indicating that the product meets applicable radiation safety 

performance standards prescribed by the Food and Drug Administration 

under 21 CFR part 1020.

    Controlled substances means:

    (a) Any narcotic, depressant, stimulant, or hallucinogenic drug, or 

any other drug, other substance, or immediate precursor included in 

Schedules I, II, III, IV, or V of section 202 of the Controlled 

Substance Act (21 U.S.C. 812) except exempt chemical preparations and 

mixtures, and excluded substances listed in 21 CFR part 1308;

    (b) Any other drug or substance that the Attorney General determines 

to be subject to control pursuant to Subchapter I of the Controlled 

Substance Act (21 U.S.C. 801 et seq.); or

    (c) Any other drug or substance that by international treaty, 

convention, or protocol is to be controlled by the United States.

    Explosive contaminated property means property that may ignite or 

explode when exposed to shock, flame, sparks, or other high temperature 

sources due to residual explosive material in joints, angles, cracks, or 

around bolts.

    Extremely hazardous material means:

    (a) Those materials which are hazardous to the extent that they 

generally require special handling such as licensing and training of 

handlers, protective clothing, and special containers and storage.

    (b) Those materials which, because of their extreme flammability, 

toxicity, corrosivity or other perilous qualities, could constitute an 

immediate danger or threat to life and property and which usually have 

specialized uses under controlled conditions.

    (c) Those materials which have been determined by the holding agency 

to endanger public health or safety or the environment if not rendered 

innocuous before release to other agencies or to the general public.

    Firearms means any weapons (including flare and starter guns) which 

will, or are designed to, or may be readily converted to expel a 

projectile by the action of an explosive, the frame or receiver of any 

such weapons, or any muffler or silencer for such purposes. For purposes 

of this Part 101-42, firearms are considered to be dangerous property.

    Hazardous material means property that is deemed a hazardous 

material, chemical substance or mixture, or hazardous waste under the 

Hazardous Materials Transportation Act (HMTA), the Resource Conservation 

and Recovery Act (RCRA), or the Toxic Substances Control Act (TSCA). 

Generally, hazardous materials have one or more of the following 

characteristics:

    (a) Has a flash point below 200 F (93.3 C), closed cup, or is 

subject to spontaneous heating;

    (b) Is subject to polymerization with the release of large amounts 

of energy when handled, stored, or shipped without adequate controls;

    (c) In the course of normal operations, may produce fibers, dusts, 

gases, fumes, vapors, mists, or smokes which have one or more of the 

following characteristics:

    (1) Causes 50 percent fatalities to test animals below 500 mg/kg of 

test animal weight when a single oral dose LD50 is used;

    (2) Is a flammable solid or a strong oxidizing or reducing agent;

    (3) Causes first degree burns to skin in a short time exposure, or 

is systematically toxic by skin contact;

    (4) Has a permissible exposure limit (PEL) below 1000 p/m for gases 

and vapors, below 500 mg/mm3 for fumes, below 30 mmppcf (10 mg/m3), or 2 

fibers/CM3 for dust;

    (5) Causes occupational chemical dermatitis, which is any 

abnormality of the skin induced or aggravated by the work environment 

which includes but is not limited to primary irritant categories, 

allergic sensitizers, and photo sensitizers;



[[Page 171]]



    (d) Is radioactive to the extent it requires special handling;

    (e) Is a recognized carcinogen according to Occupational Safety and 

Health Administration regulations at 29 CFR part 1910; or

    (f) Possesses special characteristics which in the opinion of the 

holding agency could be hazardous to health, safety, or the environment 

if improperly handled, stored, transported, disposed of, or otherwise 

improperly used.

    Hazardous waste means those materials or substances, the handling 

and disposal of which are governed by 40 CFR part 261.

    (a) In general, hazardous materials are hazardous wastes when one or 

both of the following is true:

    (1) They have passed through the disposal cycle without having 

successfully been reutilized, transferred, donated, or sold, and the 

holding agency declares an intent to discard.

    (2) They are no longer usable for their intended purpose, a valid 

alternate purpose, or resource recovery.

    (b) In general, solid (non-hazardous) wastes, as defined at 40 CFR 

261.2, become hazardous wastes when:

    (1) They exhibit one or more of the characteristics of ignitability, 

corrosivity, reactivity, or EP toxicity; or

    (2) They are predetermined hazardous wastes upon generation as 

listed in 40 CFR part 261, subpart D.

    (c) Hazardous materials having an expired shelf life shall be 

reclassified as hazardous wastes if required by Federal and/or State 

environmental laws or regulations. Before such reclassification, the 

shelf life may be extended if supported by results of tests and 

recertification performed by authorized personnel in accordance with 

applicable regulations.

    (d) The transportation of hazardous wastes is governed by the 

regulations issued by the Department of Transportation, codified in 49 

CFR part 171 et seq.

    Lead-containing paint means paint or other similar surface coating 

material that contains lead or lead compounds in excess of 0.06 percent 

of the weight of the total nonvolatile content of the paint or the 

weight of the dried paint film.

    Noncertified electronic product means any electronic product for 

which there is an applicable radiation safety performance standard 

prescribed or hereafter prescribed by the Food and Drug Administration 

(FDA) under 21 CFR part 1020, and which the manufacturer has not 

certified as meeting such standard. The noncertification may be due to 

either (a) manufacture of the product before the effective date of the 

standard or (b) the product was exempted from the applicable standard 

and is so labeled.

    Nuclear Regulatory Commission--controlled materials means those 

materials the possession, use, and transfer of which are subject to the 

regulatory controls of the Nuclear Regulatory Commission (NRC) pursuant 

to the Energy Reorganization Act of 1974. The materials are defined as 

follows:

    (a) Byproduct materials means any radioactive material (except 

special nuclear material) yielded in or made radioactive by exposure to 

the radiation incident to the process of producing or utilizing special 

nuclear material. (See 10 CFR part 30.)

    (b) Source material means uranium or thorium, or any combination 

thereof, in any physical or chemical form, or ores which contain by 

weight one-twentieth of one percent (0.05%) or more of uranium, thorium, 

or any combination thereof. Source material does not include special 

nuclear material. (See 10 CFR part 40.)

    (c) Special nuclear material means plutonium, uranium 233, uranium 

enriched in the isotope 233 or in the isotope 235, any other materials 

which the NRC, pursuant to the Atomic Energy Act of 1954 (68 Stat. 919), 

including any amendments thereto, determines to be special nuclear 

material, or any material artificially enriched by any of the foregoing, 

but does not include source material. (See 10 CFR part 70.)

    Reagent means any hazardous material which is used to detect or 

measure another substance or to convert one substance into another by 

means of the reactions it causes.