[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: 40CFR260.40]

[Page 24-25]
 
                   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.  260.40  Additional regulation of certain hazardous waste recycling 
activities on a case-by-case basis.

    (a) The Regional Administrator may decide on a case-by-case basis 
that persons accumulating or storing the recyclable materials described 
in Sec.  261.6(a)(2)(iv) of this chapter should be regulated under Sec.  
261.6 (b) and (c) of this chapter. The basis for this decision is that 
the materials are being accumulated or stored in a manner that does not 
protect human health and the environment because the materials or their 
toxic constituents have not been adequately contained, or because the 
materials being accumulated or stored together are incompatible. In 
making this decision, the Regional Administrator will consider the 
following factors:
    (1) The types of materials accumulated or stored and the amounts 
accumulated or stored;
    (2) The method of accumulation or storage;

[[Page 25]]

    (3) The length of time the materials have been accumulated or stored 
before being reclaimed;
    (4) Whether any contaminants are being released into the 
environment, or are likely to be so released; and
    (5) Other relevant factors.
    (b) [Reserved]

The procedures for this decision are set forth in Sec.  260.41 of this 
chapter.

[50 FR 662, Jan. 4, 1985]