[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

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

[CITE: 40CFR273.81]



[Page 476-477]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 273_STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents

 

    Subpart G_Petitions To Include Other Wastes Under 40 CFR Part 273

 

Sec.  273.81  Factors for petitions to include other wastes under 

40 CFR part 273.



    (a) The waste or category of waste, as generated by a wide variety 

of generators, is listed in subpart D of part 261 of this chapter, or 

(if not listed) a proportion of the waste stream exhibits one or more 

characteristics of hazardous waste identified in subpart C of part 261 

of this chapter. (When a characteristic waste is added to the universal 

waste regulations of this part 273 by using a generic name to identify 

the waste category (e.g., batteries), the definition of universal waste 

in Sec.  260.10 of this chapter and Sec.  273.9 will be amended to 

include only the hazardous waste portion of the waste category (e.g., 

hazardous waste batteries).) Thus, only the portion of the waste stream 

that does exhibit one or more characteristics (i.e., is hazardous waste) 

is subject to the universal waste regulations of this part 273;

    (b) The waste or category of waste is not exclusive to a specific 

industry or group of industries, is commonly generated by a wide variety 

of types of establishments (including, for example, households, retail 

and commercial



[[Page 477]]



businesses, office complexes, conditionally exempt small quantity 

generators, small businesses, government organizations, as well as large 

industrial facilities);

    (c) The waste or category of waste is generated by a large number of 

generators (e.g., more than 1,000 nationally) and is frequently 

generated in relatively small quantities by each generator;

    (d) Systems to be used for collecting the waste or category of waste 

(including packaging, marking, and labeling practices) would ensure 

close stewardship of the waste;

    (e) The risk posed by the waste or category of waste during 

accumulation and transport is relatively low compared to other hazardous 

wastes, and specific management standards proposed or referenced by the 

petitioner (e.g., waste management requirements appropriate to be added 

to 40 CFR 273.13, 273.33, and 273.52; and/or applicable Department of 

Transportation requirements) would be protective of human health and the 

environment during accumulation and transport;

    (f) Regulation of the waste or category of waste under 40 CFR part 

273 will increase the likelihood that the waste will be diverted from 

non-hazardous waste management systems (e.g., the municipal waste 

stream, non-hazardous industrial or commercial waste stream, municipal 

sewer or stormwater systems) to recycling, treatment, or disposal in 

compliance with Subtitle C of RCRA.

    (g) Regulation of the waste or category of waste under 40 CFR part 

273 will improve implementation of and compliance with the hazardous 

waste regulatory program; and/or

    (h) Such other factors as may be appropriate.



[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6, 1999]