40 CFR 261.21 - Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:
(1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60 °C (140 °F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D 93-80 (incorporated by reference, see § 260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78 (incorporated by reference, see § 260.11).
(2) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
(3) It is an ignitable compressed gas.
(i) The term “compressed gas” shall designate any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70 °F or, regardless of the pressure at 70 °F, having an absolute pressure exceeding 104 p.s.i. at 130 °F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 °F as determined by ASTM Test D-323.
(ii) A compressed gas shall be characterized as ignitable if any one of the following occurs:
(A) Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure. The method of sampling and test procedure shall be acceptable to the Bureau of Explosives and approved by the director, Pipeline and Hazardous Materials Technology, U.S. Department of Transportation (see Note 2).
(B) Using the Bureau of Explosives' Flame Projection Apparatus (see Note 1), the flame projects more than 18 inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening.
(C) Using the Bureau of Explosives' Open Drum Apparatus (see Note 1), there is any significant propagation of flame away from the ignition source.
(D) Using the Bureau of Explosives' Closed Drum Apparatus (see Note 1), there is any explosion of the vapor-air mixture in the drum.
(4) It is an oxidizer. An oxidizer for the purpose of this subchapter is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter (see Note 4).
(i) An organic compound containing the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals must be classed as an organic peroxide unless:
(A) The material meets the definition of a Class A explosive or a Class B explosive, as defined in § 261.23(a)(8), in which case it must be classed as an explosive,
(B) The material is forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21,
(C) It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide, or
(D) According to data on file with the Pipeline and Hazardous Materials Safety Administration in the U.S. Department of Transportation (see Note 3), it has been determined that the material does not present a hazard in transportation.
(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.
A description of the Bureau of Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be procured from the Bureau of Explosives.
As part of a U.S. Department of Transportation (DOT) reorganization, the Office of Hazardous Materials Technology (OHMT), which was the office listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.
As part of a U.S. Department of Transportation (DOT) reorganization, the Research and Special Programs Administration (RSPA), which was the office listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. RSPA programs have moved to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.
The DOT regulatory definition of an oxidizer was contained in § 173.151 of 49 CFR, and the definition of an organic peroxide was contained in paragraph 173.151a. An organic peroxide is a type of oxidizer.
Title 40 published on 10-Feb-2018 05:59
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 261 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-02513 RIN ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 GPO FDSys XML | Text type regulations.gov FR Doc. 2018-02518 RIN ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-27525 RIN 2050-AG90 EPA-HQ-OLEM-2016-0492 FRL-9971-49-OLEM ENVIRONMENTAL PROTECTION AGENCY Final rule. The final rule is effective on June 26, 2018. 40 CFR Parts 260, 261, and 262 The Environmental Protection Agency (EPA or the Agency) is amending existing regulations regarding the export and import of hazardous wastes from and into the United States. Specifically, this rule applies a confidentiality determination such that no person can assert confidential business information (CBI) claims for documents related to the export, import, and transit of hazardous waste and export of excluded cathode ray tubes (CRTs). EPA is making these changes to apply a consistent approach in addressing confidentiality claims for export and import documentation. The rule will result in cost-savings and greater efficiency for EPA and the regulated community as well as facilitate transparency with respect to the documents that are within the scope of this rulemaking. However, EPA is not finalizing the proposed internet posting requirement in the proposed rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-23683 RIN EPA-R06-RCRA-2017-0556 FRL-9970-10-Region 6 ENVIRONMENTAL PROTECTION AGENCY Proposed rule. We will accept comments until November 30, 2017. We will stamp comments received after the close of the comment period as late. These late comments may or may not be considered in formulating a final decision. Your requests for a hearing must reach EPA by November 15, 2017. The request must contain the information prescribed in 40 CFR 260.20(d) (hereinafter all CFR cites refer to 40 CFR unless otherwise stated). 40 CFR Part 261 The Environmental Protection Agency (EPA) is proposing to grant a petition submitted by Blanchard Refining Company LLC—(Blanchard) to exclude (or delist) the residual solids generated from the reclamation of oil bearing hazardous secondary materials (OBSMs) on-site at Blanchard's Galveston Bay Refinery (GBR), located in Texas City, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0.35 in the evaluation of the impact of the petitioned waste on human health and the environment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-23239 RIN EPA-R06-RCRA-2017-0153 SW-FRL-9969-73-Region 6 ENVIRONMENTAL PROTECTION AGENCY Final rule. Effective October 26, 2017. 40 CFR Part 261 The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Oil Corporation Beaumont Refinery (ExxonMobil) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by ExxonMobil to have the secondary impoundment basin (SIB) solids excluded, or delisted from the definition of a hazardous waste. The SIB solids are listed as F037 (primary oil/water/solids separation sludge); and F038 (secondary oil/water/solids separation sludge). After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the surface impoundment solids generated at ExxonMobil's Beaumont, Texas facility. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-21112 RIN EPA-R06-RCRA-2017-0254 FRL-9968-61-Region 6 ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on October 2, 2017. 40 CFR Part 261 The Environmental Protection Agency (EPA) is granting a petition submitted by Samsung Austin Semiconductor (Samsung) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by Samsung to have the copper filter cake from the electroplating process excluded, or delisted from the definition of a hazardous waste. The Copper filter cake is listed as F006, wastewater treatment sludges from electroplating operations. The basis of the listing is cadmium, hexavalent chromium, nickel, and cyanide (complexed). After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the copper filter cake generated at Samsung Austin Semiconductor's Austin, Texas facility. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills, but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-14829 RIN EPA-R06-RCRA-2017-0254 FRL-9964-71-Region 6 ENVIRONMENTAL PROTECTION AGENCY Proposed rule. We will accept comments until August 14, 2017. We will stamp comments received after the close of the comment period as late. These late comments may or may not be considered in formulating a final decision. Your requests for a hearing must reach EPA by July 31, 2017. The request must contain the information prescribed in 40 CFR 260.20(d) (hereinafter all CFR cites refer to 40 CFR unless otherwise stated). 40 CFR Part 261 EPA is proposing to grant a petition submitted by Samsung Austin Semiconductor (Samsung) to exclude (or delist) the sludge generated from the electroplating process from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0.47 in the evaluation of the impact of the petitioned waste on human health and the environment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-11231 RIN EPA-R06-RCRA-2017-0153 FRL-9962-44-Region 6 ENVIRONMENTAL PROTECTION AGENCY Proposed rule. We will accept comments until June 30, 2017. We will stamp comments received after the close of the comment period as late. These late comments may or may not be considered in formulating a final decision. Your requests for a hearing must reach EPA by June 15, 2017. The request must contain the information prescribed in 40 CFR 260.20(d) (hereinafter all CFR cites refer to 40 CFR unless otherwise stated). 40 CFR Part 261 EPA is proposing to grant a petition submitted by ExxonMobil Oil Corporation Beaumont Refinery (ExxonMobil) to exclude (or delist) the secondary impoundment basin solids in Beaumont, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0.47 in the evaluation of the impact of the petitioned waste on human health and the environment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-27428 RIN 2050-AG77 EPA-HQ-RCRA-2015-0147 FRL-9947-74-OLEM ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on December 31, 2016. The compliance dates for the various new and updated provisions in this action can be found in section II.D. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 31, 2016. 40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 267, 271 and 273 The Environmental Protection Agency (EPA) is amending existing regulations regarding the export and import of hazardous wastes from and into the United States. EPA is making these changes to: Provide greater protection to human health and the environment by making existing export and import related requirements more consistent with the current import-export requirements for shipments between members of the Organization for Economic Cooperation and Development (OECD); enable electronic submittal to EPA of all export and import-related documents ( e.g., export notices, export annual reports); and enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to RCRA export consent requirements prior to exit. The AES resides in the U.S. Customs and Border Protection's Automated Commercial Environment (ACE).
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-27429 RIN 2050-AG70 EPA-HQ-RCRA-2012-0121 FRL 9947-26-OLEM ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on May 30, 2017. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 30, 2017. 40 CFR Parts 257, 258, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 271, 273, and 279 With this action, the United States Environmental Protection Agency (EPA) is finalizing revisions to the Resource Conservation and Recovery Act's (RCRA) hazardous waste generator regulatory program proposed on September 25, 2015. There are several objectives to these revisions. They include reorganizing the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community; providing a better understanding of how the RCRA hazardous waste generator regulatory program works; addressing gaps in the existing regulations to strengthen environmental protection; providing greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; and making technical corrections and conforming changes to address inadvertent errors and remove obsolete references to programs that no longer exist. This final rule responds to the comments of EPA stakeholders, taking into consideration the mission of EPA and the goals of RCRA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-13793 RIN EPA-HQ-RCRA-2016-0040 FRL-9947-60-OLEM ENVIRONMENTAL PROTECTION AGENCY Extension of comment period. Comments must be received on or before December 7, 2016. 40 CFR Part 261 The Environmental Protection Agency (EPA or the Agency) is extending the comment period on the tentative denial of a petition to revise the Resource Conservation and Recovery Act (RCRA) corrosivity hazardous waste characteristic regulation, published in the Federal Register on April 11, 2016. EPA is tentatively denying the rulemaking petition because the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted, as further explained in the tentative denial. The Agency's review of additional materials it identified as relevant to the petition similarly did not demonstrate that any change to the corrosivity characteristic regulation is warranted at this time. The comment period is being extended to December 7, 2016.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-08278 RIN EPA-HQ-RCRA-2016-0040 FRL9944-67-OLEM ENVIRONMENTAL PROTECTION AGENCY, 40 CFR Part 261 Notification of tentative denial of petition for rulemaking. Comments must be received on or before June 10, 2016. The Environmental Protection Agency (EPA or the Agency) is responding to a rulemaking petition (“the petition”) requesting revision of the Resource Conservation and Recovery Act (RCRA) corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. After careful consideration, the Agency is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted, as further explained in this document. The Agency's review of additional materials it identified as relevant to the petition similarly did not demonstrate that any change to the corrosivity characteristic regulation is warranted at this time. The Agency is also soliciting public comment on this tentative denial and the questions raised in this action.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-28099 RIN 2050-AG70 EPA-HQ-RCRA-2012-0121 FRL-9936-51-OSWER ENVIRONMENTAL PROTECTION AGENCY Proposed rule; extension of comment period. Comments on the proposed rule published September 25, 2015 (80 FR 57918) must be received on or before December 24, 2015. 40 CFR Parts 260, 261, 262, 263, 264, 265, 268, 270, 273, and 279 The Environmental Protection Agency (EPA or the Agency) is announcing an extension to the comment period for the proposed rule on improvements to the generator regulations published in the Federal Register on September 25, 2015. EPA is proposing to revise the hazardous waste generator regulations under the Resource Conservation and Recovery Act (RCRA) to improve compliance and thereby enhance protection of human health and the environment. Specifically, EPA proposes to revise certain components of the hazardous waste generator regulatory program; address gaps in the regulations; provide greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; reorganize the hazardous waste regulations to make them more user-friendly and thus improve their usability by the regulated community; and make technical corrections and conforming changes to address inadvertent errors, remove obsolete references to programs that no longer exist, and improve the readability of the regulations. The comment period is being extended to December 24, 2015.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-28100 RIN 2050-AG39 EPA-HQ-RCRA-2007-0932 FRL-9936-49-OSWER ENVIRONMENTAL PROTECTION AGENCY Proposed rule; extension of comment period. Comments on the proposed rule published September 25, 2015 (80 FR 58014) must be received on or before December 24, 2015. 40 CFR Parts 261, 262, 266, 268, and 273 The Environmental Protection Agency (EPA or the Agency) is announcing an extension to the comment period for the proposed rule on the management and disposal of hazardous waste pharmaceuticals published in the Federal Register on September 25, 2015. EPA is proposing new hazardous waste pharmaceutical regulations under the Resource Conservation and Recovery Act (RCRA) to improve compliance and thereby enhance protection of human health and the environment. Specifically, EPA proposed to revise the regulations to improve the management and disposal of hazardous waste pharmaceuticals and tailor them to address the specific issues that hospitals, pharmacies and other healthcare-related facilities face. The revisions are also intended to clarify the regulation of the reverse distribution mechanism used by healthcare facilities for the management of unused and/or expired pharmaceuticals. The comment period is being extended to December 24, 2015.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-25348 RIN 2050-AG77 EPA-HQ-RCRA-2015-0147 FRL-9926-94-OSWER ENVIRONMENTAL PROTECTION AGENCY Proposed rule. Comments must be received on or before December 18, 2015. Under the Paperwork Reduction Act, comments on the information collection provisions are best assured of having full effect if the Office of Management and Budget (OMB) receives a copy of your comments on or before November 18, 2015. 40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 267, 271 and 273 The Environmental Protection Agency (EPA) is proposing to amend our existing regulations in regards to the export and import of hazardous wastes from and into the United States. EPA is proposing these changes to: Provide greater protection to human health and the environment by making existing export and import related requirements more consistent with the current import-export requirements for shipments between members of the Organization for Economic Cooperation and Development (OECD); enable electronic submittal of all export and import-related documents ( e.g., export notices, export annual reports); and enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to RCRA export consent requirements prior to exit.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-24459 RIN EPA-R07-RCRA-2014-0452 FRL-9934-78-Region 7 ENVIRONMENTAL PROTECTION AGENCY Direct final rule. This direct final rule is effective on December 4, 2015, without further notice, unless EPA receives adverse comment by November 4, 2015. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. 40 CFR Part 261 The Environmental Protection Agency (EPA) is taking direct final action to revise delisting levels for the hazardous waste exclusion granted to John Deere Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to exclude or “delist” up to 600 tons per calendar year of F006/F019 wastewater treatment sludge. The wastewater treatment sludge is a filter cake generated by John Deere's Ankeny, Iowa, facility wastewater treatment system was conditionally excluded from the list of hazardous wastes on November 25, 2014. This direct final rule responds to a request submitted by John Deere to increase certain delisting levels and eliminate certain delisting levels for the excluded waste. After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the request may be granted.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-23166 RIN 2050-AG70 EPA-HQ-RCRA-2012-0121 FRL 9924-07-OSWER ENVIRONMENTAL PROTECTION AGENCY Proposed rule. Comments must be received on or before November 24, 2015. 40 CFR Parts 260, 261, 262, 263, 264, 265, 268, 270, 273, and 279 The Environmental Protection Agency (EPA or the Agency) is proposing to revise the hazardous waste generator regulations under the Resource Conservation and Recovery Act (RCRA) to improve compliance and thereby enhance protection of human health and the environment. Specifically, EPA proposes to revise certain components of the hazardous waste generator regulatory program; address gaps in the regulations; provide greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; reorganize the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community; and make technical corrections and conforming changes to address inadvertent errors, remove obsolete references to programs that no longer exist, and improve the readability of the regulations. These proposed changes are both a result of EPA's experience in implementing and evaluating the hazardous waste generator program over the last 30 years, as well as a response to concerns and issues identified by the states and regulated community.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-23167 RIN 2050-AG39 EPA-HQ-RCRA-2007-0932 FRL-9924-08-OSWER ENVIRONMENTAL PROTECTION AGENCY Proposed rule. Comments must be received on or before November 24, 2015. 40 CFR Parts 261, 262, 266, 268, and 273 Some pharmaceuticals are regulated as hazardous waste under the Resource Conservation and Recovery Act (RCRA) when discarded. Healthcare facilities that generate hazardous waste pharmaceuticals as well as associated facilities have reported difficulties complying with the Subtitle C hazardous waste regulations for a number of reasons. First, healthcare workers, whose primary focus is to provide care for patients, are not knowledgeable about the RCRA hazardous waste regulations, but are often involved in the implementation of the regulations. Second, a healthcare facility can have thousands of items in its formulary, making it difficult to ascertain which ones are hazardous wastes when disposed. Third, some active pharmaceutical ingredients are listed as acute hazardous wastes, which are regulated in small amounts. To facilitate compliance and to respond to these concerns, the U.S. Environmental Protection Agency (EPA or the Agency) is proposing to revise the regulations to improve the management and disposal of hazardous waste pharmaceuticals and tailor them to address the specific issues that hospitals, pharmacies and other healthcare-related facilities face. The revisions are also intended to clarify the regulation of the reverse distribution mechanism used by healthcare facilities for the management of unused and/or expired pharmaceuticals.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-17672 RIN EPA-R01-RCRA-2012-0447 FRL-9930-54-Region-1 ENVIRONMENTAL PROTECTION AGENCY Final rule; amendment. This amendment is effective on July 20, 2015. 40 CFR Part 261 The Environmental Protection Agency (EPA) is amending the exclusion for International Business Machines Corporation (IBM) in Essex Junction, Vermont to reflect changes in ownership and name.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-00257 RIN -2050-AE81 EPA-HQ-RCRA-2009-0640 FRL-9919-44-OSWER ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on October 14, 2015. 40 CFR Parts 257 and 261 The Environmental Protection Agency (EPA or the Agency) is publishing a final rule to regulate the disposal of coal combustion residuals (CCR) as solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA). The available information demonstrates that the risks posed to human health and the environment by certain CCR management units warrant regulatory controls. EPA is finalizing national minimum criteria for existing and new CCR landfills and existing and new CCR surface impoundments and all lateral expansions consisting of location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post closure care, and recordkeeping, notification, and internet posting requirements. The rule requires any existing unlined CCR surface impoundment that is contaminating groundwater above a regulated constituent's groundwater protection standard to stop receiving CCR and either retrofit or close, except in limited circumstances. It also requires the closure of any CCR landfill or CCR surface impoundment that cannot meet the applicable performance criteria for location restrictions or structural integrity. Finally, those CCR surface impoundments that do not receive CCR after the effective date of the rule, but still contain water and CCR will be subject to all applicable regulatory requirements, unless the owner or operator of the facility dewaters and installs a final cover system on these inactive units no later than three years from publication of the rule. EPA is deferring its final decision on the Bevill Regulatory Determination because of regulatory and technical uncertainties that cannot be resolved at this time.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-07992 RIN EPA-HQ-RCRA-2015-0118 FRL_9923-12-OSWER ENVIRONMENTAL PROTECTION AGENCY Final rule. Effective April 8, 2015. 40 CFR Parts 260 and 261 The Environmental Protection Agency (EPA) is revising regulations associated with the comparable fuels exclusion and the gasification exclusion, originally issued by EPA under the Resource Conservation and Recovery Act (RCRA). These revisions implement vacaturs ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), on June 27, 2014.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-30382 RIN 2050-AG62 EPA-HQ-RCRA-2010-0742 FRL-9728-5-OSWER ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on July 13, 2015. 40 CFR Parts 260 and 261 The Environmental Protection Agency (EPA, or the Agency) is publishing a final rule that revises several recycling-related provisions associated with the definition of solid waste used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The purpose of these revisions is to ensure that the hazardous secondary materials recycling regulations, as implemented, encourage reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary material.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-27780 RIN EPA-R07-RCRA-2014-0452 FRL-9919-72-Region-7 ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on November 25, 2014. 40 CFR Part 261 The Environmental Protection Agency (EPA) is granting the petition submitted by John Deere Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to exclude or “delist” up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere's wastewater treatment system from the list of hazardous wastes. This final rule responds to a petition submitted by John Deere to delist up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere's wastewater treatment system from the list of hazardous wastes. After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned waste is not hazardous waste. The F006/F019 exclusion is a conditional exclusion for 600 cubic yards per year of the F006/F019 wastewater treatment sludge. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-19771 RIN EPA-R07-RCRA-2014-0452 FRL-9915-45-Region 7 ENVIRONMENTAL PROTECTION AGENCY Proposed rule and request for comment. Comments must be received on or before September 19, 2014. EPA will stamp comments received after the close of the comment period as late. These late comments may not be considered in formulating a final decision. Any person may request a hearing on the proposed decision by filing a request to EPA by September 4, 2014. The request must contain the information prescribed in 40 CFR 260.20(d). 40 CFR Part 261 The Environmental Protection Agency (EPA, also, “the Agency” or “we”) is proposing to grant a petition submitted by the John Deere Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to exclude or “delist” up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere's wastewater treatment system from the list of hazardous wastes. The Agency has tentatively decided to grant the petition based on an evaluation of waste-specific information provided by John Deere. This proposed decision, if finalized, would conditionally exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the wastewater treatment sludge filter cake is disposed of in a Subtitle D landfill which is permitted, licensed, or otherwise authorized by a State to manage industrial solid waste. If finalized, EPA would conclude that John Deere's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other current factors which would cause the waste to be hazardous.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-14996 RIN 2050-AG68 EPA-HQ-RCRA-2011-1014 FRL-9911-84-OSWER ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on December 26, 2014. 40 CFR Parts 260 and 261 The Environmental Protection Agency (EPA or the Agency) is revising certain export provisions of the cathode ray tube (CRT) final rule published on July 28, 2006. The revisions will allow the Agency to better track exports of CRTs for reuse and recycling in order to ensure safe management of these materials.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-14607 RIN ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-02930 RIN 2050-AG72 EPA-HQ-RCRA-2012-0426 FRL-9906-44-OSWER ENVIRONMENTAL PROTECTION AGENCY Notice of data availability and request for comment. Comments must be received by April 15, 2014. 40 CFR Parts 261 and 262 This Notice of Data Availability (NODA) announces and invites comment on information assembled by the Environmental Protection Agency (EPA or the Agency), and solicits additional information regarding the hazardous waste management practices of establishments in the retail sector (e.g., stores). The NODA also invites comment on specific issues and suggested questions that the retail industry has raised about challenges they face in complying with the Resource Conservation and Recovery Act (RCRA) hazardous waste policies, guidances and regulations. This NODA meets the Agency's commitment to solicit public comment on issues associated with the retail sector under Executive Order 13563: Improving Regulation and Regulatory Review to make regulatory programs more effective or less burdensome in achieving regulatory objectives.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-31246 RIN 2050-AG60 EPA-HQ-RCRA-2010-0695 FRL-9904-84-OSWER ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on March 4, 2014. 40 CFR Parts 9, 260 and 261 The U.S. Environmental Protection Agency (EPA or the Agency) is revising the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude carbon dioxide (CO 2 ) streams that are hazardous from the definition of hazardous waste, provided these hazardous CO 2 streams are captured from emission sources, are injected into Underground Injection Control (UIC) Class VI wells for purposes of geologic sequestration (GS), and meet certain other conditions. EPA is taking this action because the Agency believes that the management of these CO 2 streams, when meeting certain conditions, does not present a substantial risk to human health or the environment, and therefore additional regulation pursuant to RCRA's hazardous waste regulations is unnecessary. EPA expects that this amendment will substantially reduce the uncertainty associated with identifying these CO 2 streams under RCRA subtitle C, and will also facilitate the deployment of GS by providing additional regulatory certainty.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-18285 RIN 2050-AE51 EPA-HQ-RCRA-2003-0004 FRL-9838-2 ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on January 31, 2014. 40 CFR Parts 260 and 261 The Environmental Protection Agency (EPA or the Agency) is publishing a final rule that modifies its hazardous waste management regulations for solvent-contaminated wipes under the Resource Conservation and Recovery Act. Specifically, this rule revises the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused and revises the definition of hazardous waste to conditionally exclude solvent-contaminated wipes that are disposed. The purpose of this final rule is to provide a consistent regulatory framework that is appropriate to the level of risk posed by solvent-contaminated wipes in a way that maintains protection of human health and the environment, while reducing overall compliance costs for industry, many of which are small businesses.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-23091 RIN EPA-R06-RCRA-2010-0066 SW FRL-9730-5 ENVIRONMENTAL PROTECTION AGENCY Final rule. Effective Date: September 20, 2012. 40 CFR Part 261 The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Refining and Supply Company (ExxonMobil) Baytown Refinery to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by ExxonMobil to have the F039 underflow water generated at the North Landfarm (NLF) in Baytown, Texas excluded, or delisted, from the definition of a hazardous waste. After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to 7,427 cubic yards per year of the F039 underflow water. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-22571 RIN EPA-R01-RCRA-2012-0447 FRL-9727-2 ENVIRONMENTAL PROTECTION AGENCY Final rule. Effective Date: This final rule is effective on September 13, 2012. 40 CFR Part 261 The Environmental Protection Agency (EPA) is granting the petition submitted by International Business Machines Corporation (IBM) to exclude or “delist” a certain wastewater treatment sludge generated by its facility in Essex Junction, Vermont from the lists of hazardous wastes. This final rule responds to a petition submitted by IBM to delist F006 waste. The F006 waste is sludge generated from IBM's Industrial Waste Treatment Plant (IWTP). After careful analysis and use of the Delisting Risk Assessment Software (DRAS), EPA has concluded the petitioned waste is not hazardous waste. The F006 exclusion is a conditional exclusion for 3,150 cubic yards per year of the F006 wastewater treatment sludge. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-17905 RIN FRL 9704-1 ENVIRONMENTAL PROTECTION AGENCY Final rule; amendment. This amendment is effective on July 23, 2012. 40 CFR Part 261 The EPA (also, “the Agency” or “we”) is amending an existing exclusion to reflect changes in ownership and name for the ConocoPhillips Billings, Montana Refinery. Today's amendment documents these changes.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-17272 RIN EPA-R01-RCRA-2012-0447 FRL-9699-4 ENVIRONMENTAL PROTECTION AGENCY Proposed rule and request for comment. Comments must be received on or before August 15, 2012. EPA will stamp comments received after the close of the comment period as late. These late comments may not be considered in formulating a final decision. Any person may request a hearing on the proposed decision by filing a request to EPA by July 31, 2012. The request must contain the information prescribed in 40 CFR 260.20(d). 40 CFR Part 261 The EPA (also, “the Agency” or “we” in this preamble) is proposing to grant a petition submitted by International Business Machines Corporation (IBM), in Essex Junction, Vermont to exclude (or “delist”) up to 3,150 cubic yards per calendar year of F006 wastewater treatment sludge generated by IBM's Industrial Waste Treatment System from the list of hazardous wastes. The Agency has tentatively decided to grant the petition based on an evaluation of waste-specific information provided by IBM. This proposed decision, if finalized, would conditionally exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the wastewater treatment sludge is disposed of in a Subtitle D landfill which is permitted, licensed, or otherwise authorized by a State to manage industrial solid waste. If finalized, EPA would conclude that IBM's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other factors which would cause the waste to be hazardous.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-14780 RIN EPA-R06-RCRA-2012-0138 FRL-9685-6 ENVIRONMENTAL PROTECTION AGENCY Proposed rule. We will accept comments until July 19, 2012. Your requests for a hearing must reach EPA by July 5, 2012. See the FOR FURTHER INFORMATION CONTACT section for details. 40 CFR Part 261 EPA is proposing to grant a petition submitted by ExxonMobil Refining and Supply Company (ExxonMobil) Baytown Refinery (BTRF) to exclude (or delist) the underflow water generated at the North Landfarm (NLF) in Baytown, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0 in the evaluation of the impact of the petitioned waste on human health and the environment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-8921 RIN -2050-AE78 EPA-HQ-RCRA-2008-0808 FRL 9658-3 ENVIRONMENTAL PROTECTION AGENCY Final rule; final determination to deny administrative petition. 40 CFR Parts 260 and 261 EPA is providing notice of a final determination to deny an administrative petition submitted by Earthjustice on behalf of the Sierra Club and the Louisiana Environmental Action Network under the Resource Conservation and Recovery Act. The petition requested EPA to review the final rule, “Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas,” published in the Federal Register on January 2, 2008.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-8924 RIN 2050-AG52 EPA-RCRA-2008-0678 FRL-9659-7 ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on May 14, 2012. 40 CFR Parts 261 and 266 The Environmental Protection Agency (EPA or the Agency) is taking final action on two of six technical amendments that were withdrawn in a June 4, 2010, Federal Register partial withdrawal notice. The two amendments that are the subject of today's final rule are: A correction of the typographical error in the entry “K107” in a table listing hazardous wastes from specific sources; and a conforming change to alert certain recycling facilities that they have existing certification and notification requirements under the Land Disposal Restrictions regulations. The other four amendments that were withdrawn in the June 2010 partial withdrawal notice will remain withdrawn unless and until EPA determines action is warranted in the future.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-5006 RIN EPA-R08-RCRA-2011-0823 FRL-9640-2 ENVIRONMENTAL PROTECTION AGENCY Final rule. This final rule is effective on March 1, 2012. 40 CFR Part 261 The Environmental Protection Agency (“EPA,” “the Agency” or “we” in this preamble) today is granting a petition submitted by the ConocoPhillips Billings, Montana Refinery (“ConocoPhillips”, “Refinery” or “Petitioner”) to exclude or “delist,” from the list of hazardous wastes, a maximum of 200 cubic yards per year of residual solids from sludge removed from two storm water tanks at its Billings, Montana refinery and processed in accordance with the petition. After careful analysis we have concluded that the petitioned waste is not a hazardous waste. This exclusion conditionally excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when processed in accordance with the petition and disposed in a Subtitle D landfill permitted, licensed, or otherwise authorized by a State to accept the delisted processed storm water tank sludge. This rule also imposes testing conditions for future processed storm water tank residuals to ensure they continue to qualify for delisting.
- 40 CFR 279.10 — Applicability.
- 40 CFR 265.198 — Special Requirements for Ignitable or Reactive Wastes.
- 40 CFR 264.193 — Containment and Detection of Releases.
- 40 CFR 268.40 — Applicability of Treatment Standards.
- 40 CFR 264.229 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 260.22 — Petitions to Amend Part 261 to Exclude a Waste Produced at a Particular Facility.
- 40 CFR 260.11 — Incorporation by Reference.
- 40 CFR 261.4 — Exclusions.
- 40 CFR 265.193 — Containment and Detection of Releases.
- 40 CFR 264.554 — Staging Piles.
- 40 CFR 265.256 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 267.202 — What Special Requirements Must I Meet for Ignitable or Reactive Wastes?
- 40 CFR 264.281 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 264.198 — Special Requirements for Ignitable or Reactive Wastes.
- 40 CFR 265.229 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 264.312 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 265.405 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 265.312 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 265.281 — Special Requirements for Ignitable or Reactive Waste.
- 40 CFR 268.45 — Treatment Standards for Hazardous Debris.
- 40 CFR 264.256 — Special Requirements for Ignitable or Reactive Waste.
- 33 CFR 151.10 — Control of Oil Discharges.