[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR671.14]



[Page 228-229]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 671_WASTE REGULATION--Table of Contents

 

    Subpart E_Designation of Banned Substances; Reclassification of 

                               Pollutants

 

Sec. 671.14  Annual review.





    The Director shall review the list of banned substances and 

designated pollutants at least annually, and may propose the designation 

or redesignation of any substance as a banned substance, designated 

pollutant or other waste, based on the following criteria:

    (a) If the Director determines that a substance, including a 

designated pollutant, poses a substantial immediate hazard to health or 

the environment and such hazard cannot be eliminated through waste 

management practices or other methods, or if the Parties to the Protocol 

or Treaty agree that a substance should be banned from use in



[[Page 229]]



Antarctica, the Director may designate such substance a banned 

substance.

    (b) If the Director determines that a substance is liable to create 

a hazard to health or the environment if improperly treated or 

processed, stored, transported, or disposed of, the Director may 

designate such substance a designated pollutant.

    (c) If the Director determines that a substance previously 

designated a banned substance no longer displays the characteristics 

described in paragraph (a) of this section, the Director may remove such 

substance from the list of banned substances (to the extent consistent 

with the provisions of the Protocol), but if the Director determines 

that such substance has the characteristics described in paragraph (b) 

of this section, it shall be redesignated a designated pollutant.

    (d) If the Director determines that a substance previously 

designated a designated pollutant no longer displays the characteristics 

described in paragraph (b) of this section, the Director may remove such 

substance from the list of designated pollutants.

    (e) In making the determinations referred to in paragraphs (a) 

through (d) of this section, the Director shall take into account all 

relevant new information obtained through monitoring activities or 

otherwise.