40 CFR 261.2 - Definition of solid waste
| Cite as | 40 CFR 261.2 |
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230 practice notes
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Part II
...REVISIONS Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 6903 ``RCRA Section 1004'' CFR Citation: 40 CFR 261.2 Legal On October 28, 2003 (68 FR 61558), EPA proposed revisions to the definition of solid waste for hazardous secondary materials being reclaim......
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Introduction to Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, 64075-64305 [05-21048]
...OF SOLID WASTE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 6903 ``RCRA Section 1004'' CFR Citation: 40 CFR 261.2 Legal Under RCRA, to be a hazardous waste, a material must also be a solid waste. EPA's framework for determining whether a material is a s......
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Hazardous waste: Identification and listing Petroleum refining process wastes; land disposal restrictions for newly hazardous wastes, etc.,
...materials are ``solid wastes'' and so potentially within EPA's subtitle C jurisdiction. The regulatory definition of solid waste, found at 40 CFR 261.2, answers these questions, since only materials which meet this definition are even potentially subject to the subtitle C regulatory program......
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Part II
...identified as household, industrial or institutional.. It is not a hazardous waste when it is intended to be disposed, as defined in 40 CFR part 261.. EPA has not specifically found that the product must be subject to these provisions to prevent an unreasonable adverse effect on the environ......
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117 cases
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U.S. v. Self, No. 92-4111
...material that is not excluded by Sec. 261.4(a) or that is not excluded by a variance granted under Secs. 260.30 and 260.31." 40 C.F.R. Sec. 261.2(a)(1) (1992). As there is no contention that natural gas condensate is subject to the Sec. 261.4(a) exclusion, or that it has been granted a......
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New York v. Solvent Chemical Co., Inc., No. 83-CV-1401C.
...solid waste as any discarded material which is "[a]bandoned ... [r]ecycled ... or [c]onsidered inherently wastelike....." 40 C.F.R. § 261.2(a)(2) (2001). "However, an exception explains that certain materials to be recycled are not solid waste. Materials are not solid wastes ......
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U.S. v. Manning, No. CV-04-5128-AAM.
...a `solid waste' for lack of being `discarded,' or otherwise abandoned, recycled, or inherently wastelike under 42 U.S.C. § 6903(27) and 40 C.F.R. § 261.2." Hoffman, 154 Wash.2d at 743-44, 116 P.3d 20. "Under the RCRA, hazardous waste is defined as "solid waste, or [a] combina......
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Beck Development Co. v. Southern Pacific Transportation Co., Nos. C015216
...limited to RCRA hazardous waste. RCRA stands for the federal Resource Conservation and Recovery Act of 1976. (42 U.S.C. § 6901 et seq.; 40 C.F.R. § 261.2 et seq. (1995).) It was conceded that the RCRA is not involved in the issues presented with respect to Beck's 13 A "determination,&q......
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12 firm's commentaries
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Hazardous Waste Management Pitfalls for Vapor and E-Liquid Product Manufacturers and Retailers
...Tobacco and E-Vapor Partner Azim Chowdhury on Twitter. ____________________________________________________________________ [1] 40 C.F.R. §§ 261.2(a), 261.33. [2] 40 C.F.R. §§ 261.20-261.24. [3] See 40 C.F.R. § 261.33. [4] 40 C.F.R. § 261.33. See also EPA Letter to Merck Sharp & Dohme, FaxB......
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Responsible Mercury Management Post-MEBA
...a total of 2,500 metric tons—or 2,750 short tons—of mercury produced over the next 40 years). 10 42 U.S.C. §§ 6921–6931. See 40 C.F.R. § 261.2 (definition of solid waste). A solid waste is a hazardous waste if it exhibits at least one hazardous characteristic described in 40 C.F.R. §§ 261.2......
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EPA To Conduct Environmental Justice Analysis Of Existing Hazardous Waste Exemptions
...is practical." EPA notes that there have been damage cases associated with recycling of (1) characteristic by-products and sludges under 40 CFR 261.2(c)(3); materials being used or reused as an ingredient or returned to the original process under 40 CFR 261.2(e); scrap metal under 40 CFR 26......
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EPA Clarifies Solid Waste Materials
...materials (spent, sludges, by-products, specific chemical products and scrap) are solid waste when burned for energy recovery. See, 40 C.F.R. §261.2(c)(2). Materials are not solid waste when recycled through use or reuse as ingredients, as substitute products, or returned to the original pr......
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8 books & journal articles
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The D.C. Circuit Takes a Wrong Turn: Redefining Solid Waste Under RCRA
...at he George Washington University Law School, for his continued support and assistance in both planning and revising this Article. 1. 40 C.F.R. §261.2(c). 2. Id . 3. U.S. EPA, Resource Conservation and Recovery Act (RCRA) Overview , https:// www.epa.gov/rcra/resource-conservation-and-recov......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Pollutant' Element of the Federal Water Pollution Offense
...42 U.S.C. §§6901-6992k, ELR Stat. RCRA §§1001-11011. 74. RCRA deines “solid waste” in 42 U.S.C. §6904; EPA elaborates the deinition in 40 C.F.R. §261.2. Under RCRA, hazardous waste is a subset of solid waste. Determining whether material is a solid waste is often the most diicult legal issu......
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ENVIRONMENTAL CRIMES
...(quoting Conn. Coastal Fishermen’s Ass’n v. Remington Arms. Co., 989 F.2d 1305, 1313 (2d Cir. 1993))). 469. 42 U.S.C. § 6903(27). 470. 40 C.F.R. § 261.2(a)(2)(i). 471. Courts maintain a plain-meaning interpretation of “discarded,” excluding materials intended for direct reuse from RCRA regu......
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Pollutant
...42 U.S.C. §§6901-6992k, ELR Stat. RCRA §§1001-11011. 74. RCRA deines “solid waste” in 42 U.S.C. §6904; EPA elaborates the deinition in 40 C.F.R. §261.2. Under RCRA, hazardous waste is a subset of solid waste. Determining whether material is a solid waste is often the most diicult legal issu......
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