[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR260.40]

[Page 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)(iii) 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;
    (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, as amended at 71 FR 40258, July 14, 2006]