40 CFR 260.10 - Definitions

Cite as40 CFR 260.10
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257 practice notes
  • Hazardous waste: Identification and listing— Petroleum refining process wastes; land disposal restrictions for newly hazardous wastes, etc.,
    • United States
    • Federal Register August 06, 1998
    • August 6, 1998
    ...The coke product is exempt under 40 CFR 261.6(a)(3)(v), provided the secondary materials are generated by the same ``person,'' defined in 40 CFR 260.10 as ``an individual, trust, firm, joint stock company, Federal agency, corporation (including a government corporation), partnership, [[Page......
  • Environmental Protection Agency,
    • United States
    • Federal Register May 22, 2001
    • May 22, 2001
    ...Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22my01-31] [[Page 28239]] Part II Environmental Protection Agency 40 CFR Part 260 et Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Proposed Rule [[Page 28240]] ENVIRONMENTAL PROTE......
  • Part II
    • United States
    • Federal Register October 30, 2008
    • October 30, 2008
    ...or its territories and are handled in non- land-based units in 40 CFR 261.2(a)(2)(ii), described above. Land-based units are defined in 40 CFR 260.10 as an area where hazardous secondary materials are placed in or on the land before recycling, but this definition does not include land-based......
  • Commercial and Industrial Solid Waste Incineration Units: Reconsideration and Final Amendments; Non-Hazardous Secondary Materials That Are Solid Waste
    • United States
    • Federal Register February 07, 2013
    • February 7, 2013
    ...also note that the term 'container' as used in this definition is broader than the term as used in the hazardous waste regulations (see 40 CFR 260.10, definition of container). Specifically, the term here is not limited to a portable device, but also includes stationary containers. We belie......
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104 cases
  • Marrero Hernandez v. Esso Standard Oil Co., No. 03-1485 (GAG).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • February 10, 2009
    ...any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container [...] from which pollutants are or may be discharged." See 40 C.F.R. § 260.10 (1988). While this definition does seem to encompass the leakage of gasoline from Esso's USTs into the local groundwater, defendant Esso......
  • Richardson v. Nationwide Mut. Ins. Co., 01-SP-1451.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 12, 2003
    ...or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water." 40 C.F.R. § 260.10 After quoting from the definition of "release" in CERCLA, 42 U.S.C. § 9601(22), see page 326 of this opinion, the court concluded that any ......
  • Ada-Cascade Watch Co., Inc. v. Cascade Resource Recovery, Inc., ADA-CASCADE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • November 3, 1983
    ...Resource Recovery was not "in existence on November 19, 1980." The term "in existence on November 19, 1980", is defined by the E.P.A. in 40 C.F.R. 260.10: "Existing hazardous waste management (HMW) facility" or "existing facility" means a facility which was in operation or for which constru......
  • U.S. v. Wci Steel, Inc., 4:98-CV-1082.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • October 22, 1999
    ...steel plant, and all buildings, structures, and surface impoundments located there, comprise a "facility" within the meaning of 40 C.F.R. § 260.10. WCI also concedes it did not have a permit for the treatment, storage, or disposal of hazardous waste. WCI disputes only that it treated, store......
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14 firm's commentaries
  • Responsible Mercury Management Post-MEBA
    • United States
    • JD Supra United States
    • September 8, 2014
    ...such waste, . . . or so as to render such waste non-hazardous, or less hazardous; [or] safer to transport, store, or dispose of . . . . 40 C.F.R. § 260.10. 55 See 40 C.F.R. pt. 262, subpts. E, H. 2014] MERCURY MANAGEMENT POST-MEBA 31 mercury—options that might prove to be more efficient and......
  • Solvent-Contaminated Wipes Exclusion/RCRA Guidance: U.S. Environmental Protection Agency Addresses Application of Recycling Provisions
    • United States
    • JD Supra United States
    • August 8, 2019
    ...material must be generated and reclaimed at the generating facility; The hazardous secondary material must be contained as defined in 40 CFR 260.10 (i.e., in a unit that is in good condition with no leaks or other continuing or intermittent unpermitted releases, among other The hazardous se......
  • Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules
    • United States
    • JD Supra United States
    • January 21, 2015
    ...risk. This collaborative work style helps produce the results our clients seek.  16 The new definition of “contained” is located at 40 CFR 260.10 17 See Sierra Club v. EPA, 755 F.3d 968 (CADC 2014) and Natural Resources Defense Council v. EPA, 755 F.3d 1010 (CADC 2014). This publication is......
  • EPA Significantly Revises Regulations Affecting Hazardous Materials Recyclers
    • United States
    • Mondaq United States
    • January 6, 2015
    ...exclusion is legitimate, and (4) adds emergency preparedness and response requirements. In addition, the 2014 DSW final rule codifies at 40 CFR § 260.10 a new definition of "contained" for purposes of the requirement that hazardous secondary materials must be contained to qualify for this T......
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4 books & journal articles
  • The D.C. Circuit Takes a Wrong Turn: Redefining Solid Waste Under RCRA
    • United States
    • Environmental Law Reporter Nbr. 49-6, June 2019
    • June 1, 2019
    ...beneit.” 109 98. API III, 862 F.3d 50, 65, 47 ELR 20089 (D.C. Cir. 2017); 40 C.F.R. §261.4(a)(24). 99. API III , 862 F.3d at 65. 100. 40 C.F.R. §260.10. 101. Id . §261.4(a)(24). 102. Id . §261.410(a). 103. See id . §261.410(b)-(f). 104. Id . §261.4(a)(24). 105. API III, 862 F.3d 50, 65, 47 ......
  • RCRA Permits
    • United States
    • RCRA permitting deskbook
    • May 10, 2011
    ...(Adm’r 1998). Page 58 RCRA Permitting Deskbook 3.2.2 Treatment, Storage, and Disposal Treatment Treatment is broadly deined at 40 C.F.R. §260.10 to include: any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character......
  • Control of Hazardous Air Pollution
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...(1990). 176. 64 Fed. Reg. at 52835. 177. See 40 C.F.R. §63.1200 for deinitions. Control of Hazardous Air Pollution Page 169 as deined in 40 CFR 260.10 that burns hazardous waste. Hazardous waste cement kilns are rotary kilns that produce the material for cement, which burn hazardous waste. ......
  • Specific Facility Standards
    • United States
    • RCRA permitting deskbook
    • May 10, 2011
    ...size or shape, and can include everything from test tubes and 55-gallon drums to large tanker cars. A container is broadly deined at 40 C.F.R. §260.10 as a “portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.” Unlike the rusty drums of the......
3 provisions

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