40 CFR 261.3 - Definition of hazardous waste

Cite as40 CFR 261.3
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
216 practice notes
  • Air pollutants, hazardous; national emission standards: Semi-annual agenda
    • United States
    • Federal Register October 31, 2005
    • 31 Octubre 2005
    ...RIN: 2050-AE21 REVISION OF WASTEWATER TREATMENT EXEMPTIONS FOR HAZARDOUS WASTE MIXTURES Priority: Other Significant CFR Citation: 40 CFR 261.3(a)(2)(iv)(A)-(G)(Revision) Completed: Reason Date FR Cite Final Action- 10/04/05 70 FR 57769 Regulatory Flexibility Analysis Required: No Small Enti......
  • Environmental Protection Agency,
    • United States
    • Federal Register November 08, 2000
    • 8 Noviembre 2000
    ...treatment sludges proposed to be listed as hazardous also will be classified as hazardous wastes pursuant to the ``derived-from'' rule (40 CFR 261.3(c)(2)(i)). Also, with certain limited exceptions, any mixture of a listed hazardous waste and a solid waste is itself a RCRA hazardous waste (......
  • Hazardous waste: Identification and listing— Petroleum refining process wastes; land disposal restrictions for newly hazardous wastes, etc.,
    • United States
    • Federal Register August 06, 1998
    • 6 Agosto 1998
    ...Accordingly, the Agency proposed not to include these wastewaters in its listing determinations and to modify an existing regulation at 40 CFR 261.3(a)(2)(iv) to provide that these wastewaters would not be considered hazardous wastes. This exemption, known as the ``headworks exemption,'' wa......
  • Part II
    • United States
    • Federal Register October 30, 2008
    • 30 Octubre 2008
    ...does not pose a significant risk to human health and the environment. Page 64692 EPA notes that the ``derived from'' rule articulated in 40 CFR 261.3(c)(2) does not apply to residuals from the reclamation of hazardous secondary materials excluded under today's rule. These residuals are a ne......
  • Request a trial to view additional results
77 cases
  • U.S. v. Baytank (Houston), Inc., Nos. 89-2129
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 13 Junio 1991
    ...Instructions Baytank asserts that its conviction on count 33, the RCRA tank storage count, depends on the EPA's mixture rule, 40 C.F.R. Sec. 261.3(a)(2)(iv), which defines a hazardous waste to include any mixture of solid waste and any one or more specifically listed hazardous wastes, witho......
  • U.S. v. Self, No. 92-4111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 24 Agosto 1993
    ...define "hazardous waste" as solid waste which either exhibits a characteristic of hazardous waste or is listed in the regulations. 14 40 C.F.R. Sec. 261.3 (1992). The government's theory at trial was that the Avery Label waste was characteristic waste because it had a flash point of less th......
  • People v. Union Pacific Railroad Company, No. C048336.
    • United States
    • California Court of Appeals
    • 2 Agosto 2006
    ...that meets the criteria of a hazardous waste is a hazardous waste even though it is not on the lists of specific hazardous wastes. (40 C.F.R. § 261.3(a)(2)(i) (2005); 61C Am.Jur.2d (1999) Pollution Control, § 1152, p. RCRA authorizes states, with approval of the EPA, to establish their own ......
  • U.S. v. Domestic Industries, Inc., No. Civ.A. 2:97cv884.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • 6 Enero 1999
    ...See U.S. Facts at ¶ 92. However, as a matter of law, mixing fuels does not change the characterization of a hazardous waste. 40 C.F.R. § 261.3(a)(2)(iii)-(v). Therefore, the Court finds as a matter of law that DIVI owned and operated Tank 220, in which it, at least at one point, stored haza......
  • Request a trial to view additional results
7 firm's commentaries
  • RCRA Endangerment Claims: A Newway To Regulate Point Source Discharges?
    • United States
    • Mondaq United States
    • 1 Junio 2017
    ...2017 U.S. Dist. LEXIS 27435, at *9 (N.D. Ala. Feb. 10, 2017). 35 Hazardous wastes are only those wastes that are listed by regulation, 40 C.F.R. § 261.3(a)(2)(ii), or have a hazardous characteristic, 40 C.F.R. § 261.3(a)(2)(i), and are not otherwise excluded, 40 C.F.R. § 36 2017 U.S. Dist. ......
  • Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules
    • United States
    • JD Supra United States
    • 21 Enero 2015
    ...of a hazardous waste, is a hazardous waste and is subject to EPA’s hazardous waste management system. See 42 U.S.C. § 6903 (5) and 40 C.F.R. § 261.3(a). The statute itself defines “solid waste” as “any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air......
  • Will Regulators Invalidate California Offsets?
    • United States
    • Mondaq United States
    • 25 Mayo 2018
    ...result of hazardous waste destruction for listed materials, the brine is considered a hazardous waste under the "derived from" rule (40 C.F.R. 261.3(c)). Under the federal RCRA program, hazardous wastes must be stored, handled, and disposed of using measures that safeguard public health and......
  • EPA Finalizes Changes to the RCRA Ignitability Characteristic, Backing Away from Proposed Substantive Modifications But Providing Important New Guidance
    • United States
    • JD Supra United States
    • 30 Junio 2020
    ...as hazardous wastes if they are explicitly listed as such or if they exhibit a “characteristic” property of hazardous waste. See 40 C.F.R. § 261.3(a)(2). One such characteristic is the ignitability characteristic, which has different criteria for classifying wastes as hazardous, depending o......
  • Request a trial to view additional results
8 books & journal articles
  • ENVIRONMENTAL CRIMES
    • United States
    • American Criminal Law Review Nbr. 58-3, July 2021
    • 1 Julio 2021
    ...PILLSBURY WINTHROP SHAW PITTMAN LLP (April 2015), http://www.pillsburylaw.com/siteFiles/Publications/EM_Cavender_March2015.pdf. 473. 40 C.F.R. §§ 261.3(a), 302.4 (2020) 474. See id. § 302.4 (listing hazardous wastes). 475. Id. §§ 261.3(a)(2)(i), 261.20–261.24. 476. Id. § 261.21 (def‌ining “......
  • Specific Environmental Statutes
    • United States
    • Environmental crimes deskbook 2nd edition Part Three
    • 20 Junio 2014
    ...1987). Subtitle D of RCRA is codiied at 42 U.S.C. §§6941-6949a. 291. Subtitle C of RCRA is codiied at 42 U.S.C. §§6921 – 6939f. 292. 40 C.F.R. §261.3 293. A list of these substances is contained in the Code of Federal Regulations at 40 C.F.R. §261.30-261.35. 294. 40 C.F.R. §261.3(a)(2). 295......
  • The CWA in relation to other laws
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • 23 Julio 2017
    ...toxic constituents. hese wastes remain hazardous until they cease to exhibit any of the characteristics identiied in Subpart C. See 40 C.F.R. § 261.3(d)(1). * * * “Once a waste is listed or identiied as hazardous, its subsequent management is regulated” under subtitle C of RCRA. he waste en......
  • Customs Enforcement of Other Agencies' Regulations
    • United States
    • IPDS: U.S. Customs: A Practitioner's Guide to Principles, Process, and Procedures, Second Edition
    • 30 Marzo 2016
    ...see also 7 U.S.C. § 136o(c). 85. See, e.g. , EPA Form 3540-1. 86. Id. 87. 42 U.S.C. §§ 6901-6992k. 88. Id. 89. 42 U.S.C. § 6903; 40 C.F.R. § 261.3. 90. 40 C.F.R. § 261.31–261.33. 91. 40 C.F.R. § 261.21–261.24. 92. 40 C.F.R. § 265.12. 93. Id . 94. 40 C.F.R. § 265.75. 95. 40 C.F.R. § 262.20(a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT