[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR260.33]

[Page 24]
 
                   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.  260.33  Procedures for variances from classification as a solid 
waste or to be classified as a boiler.

    The Administrator will use the following procedures in evaluating 
applications for variances from classification as a solid waste or 
applications to classify particular enclosed controlled flame combustion 
devices as boilers:
    (a) The applicant must apply to the Administrator for the variance. 
The application must address the relevant criteria contained in Sec.  
260.31 or Sec.  260.32.
    (b) The Administrator will evaluate the application and issue a 
draft notice tentatively granting or denying the application. 
Notification of this tentative decision will be provided by newspaper 
advertisement or radio broadcast in the locality where the recycler is 
located. The Administrator will accept comment on the tentative decision 
for 30 days, and may also hold a public hearing upon request or at his 
discretion. The Administrator will issue a final decision after receipt 
of comments and after the hearing (if any).

[59 FR 48041, Sept. 19, 1994]