40 CFR 261.33 - Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof

Cite as40 CFR 261.33
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
92 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
    ...date, the required listing determination must include a decision as to whether off-spec products and fines warrants listing pursuant to 40 CFR 261.33 as a commercial chemical product. The commenter suggested that, if EPA argues that the piles of coke fines are product, then the material tha......
  • Environmental Protection Agency,
    • United States
    • Federal Register May 22, 2001
    • May 22, 2001
    ...are considered [[Page 28262]] highly toxic by EPA and are given the hazard code ``H'' in the hazardous waste lists at 40 CFR 261.31 and 40 CFR 261.33 (i.e., all P- listed wastes and certain F-listed When a facility cannot thoroughly clean the container, and is unable to manage the container......
  • Environmental Protection Agency,
    • United States
    • Federal Register November 20, 2001
    • November 20, 2001
    ...final rules, commercial chemical products and intermediates, off-specification variants, spill residues, and container residues listed in 40 CFR 261.33 are not considered solid wastes when recycled except when they are recycled in ways that differ from their normal use--namely, when they ar......
  • Hazardous waste program authorizations: Utah,
    • United States
    • Federal Register November 26, 2001
    • November 26, 2001
    ...CFR 261.11(c) February 15, 1996. UAC R315-2-9(f)(1)(viii), 40 CFR 261.23(a)(8) effective February 15, 1996. UAC R315-2-11 (introductory 40 CFR 261.33 (introductory paragraph), (a) & (b) paragraph), (a),&(b), effective February 15, 1996. UAC R315-2-11(d), effective 40 CFR 261.33(d) F......
  • Request a trial to view additional results
35 cases
  • U.S. v. Baytank (Houston), Inc., Nos. 89-2129
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 13, 1991
    ...that some drums contained nonhazardous solvents, and that drums containing ethylene dibromide (EDB), a listed hazardous chemical, 40 C.F.R. Sec. 261.33, 27 were held not for disposal but for delivery to Dow Chemical for testing to determine whether they could be The government admits no dru......
  • U.S. v. Self, No. 92-4111
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 24, 1993
    ...indicated that the material was a mixture of "MEK" (methyl ethyl ketone) and a spray residue. MEK is a listed hazardous waste, see 40 C.F.R. Sec. 261.33(f) (1992), and it has a flash point of 23? F. The spray residue has a flash point of 100? In April 1988, the hazardous waste broker respon......
  • Courtland Co. v. Union Carbide Corp., Civil Action No. 2:19-cv-00894
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 26, 2020
    ...as hazardous wastes when, as is alleged here, they are discarded, intended to be discarded, and/or "applied to the land." See 40 C.F.R. § 261.33(f) (identifying both mercury and 1,4-dioxane as "toxic waste" with "Hazardous Waste Number" U151 for mercury and U108 for 1,4-dioxane); see also F......
  • U.S.A v. Southern Union Co., No. 09-2403
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • December 22, 2010
    ...under a schedule of fines. The hazardous waste at issue in this case is mercury, which can poison and kill those exposed to it. See 40 C.F.R. § 261.33(f) tbl. (listing mercury as hazardous waste due to toxicity). Here, 140 pounds of mercury became the play toy of young vandals who spread it......
  • Request a trial to view additional results
6 firm's commentaries
  • Hazardous Waste Management Pitfalls for Vapor and E-Liquid Product Manufacturers and Retailers
    • United States
    • LexBlog United States
    • January 16, 2018
    ...The hazardous waste listing applies when the following three criteria have been met. First, the chemical must be listed at 40 C.F.R. § 261.33(e) or (f). Nicotine and its salts are listed at 40 C.F.R. § 261.33(e) as an acute hazardous waste with the P075 waste code. Second, the listing appli......
  • Responsible Mercury Management Post-MEBA
    • United States
    • JD Supra United States
    • September 8, 2014
    ...Leaching Procedure (TCLP) hazardous characteristic for mercury under 40 C.F.R. § 261.24 and potentially because it would be a listed 40 C.F.R. § 261.33 commercial chemical product that was now destined for discard. 11 See 2013 USGS Report, supra note 2, at 2. 12 Prior to the MEBA export ban......
  • EPA Proposes Long-Awaited Hazardous Waste Pharmaceuticals Rule: Implications To Healthcare Facilities
    • United States
    • Mondaq United States
    • September 10, 2015
    ...toxicity data, EPA may also propose to list P075-exempt nicotine-containing products as non-acute hazardous waste on the U-list under 40 C.F.R. § 261.33(f).49 EPA's willingness to issue a proposed rule exempting some nicotine-containing products from the P075 listing is viewed very favorabl......
  • Wrap-Up of Federal and State Chemical Regulatory Developments, September 2019
    • United States
    • JD Supra United States
    • September 18, 2019
    ...waste pharmaceuticals (40 C.F.R. Part 266 Subpart P) are in effect; and Locations where the amendment to the P075 listing for nicotine (40 C.F.R. § 261.33) is in Underneath the map is a table with this state adoption and authorization information, and links to the state and federal regulati......
  • Request a trial to view additional results
4 books & journal articles
  • Rethinking recycling.
    • United States
    • Environmental Law Vol. 38 Nbr. 4, September 2008
    • September 22, 2008
    ...261.31 or 261.32 By-products (*) (*) exhibiting a characteristic of hazardous waste Commercial (*) (*) chemical products listed in 40 C.F.R. 261.33 Scrap metal other, (*) (*) than excluded scrap metal (see 261.1(c)(9)) Reclamation [section] 261.2(c)(3)) (except as provided Speculative in 26......
  • RCRA's Universe: Solid and Hazardous Wastes
    • United States
    • RCRA permitting deskbook
    • May 10, 2011
    ...EPA determined that regardless of how this type of material is recycled, it poses 20. 40 C.F.R. §§261.1(c)(9)-(12) (2008). 21. 40 C.F.R. §261.33(d) (comment) states that a commercial chemical product is a chemical substance that is manufactured or formulated for commercial or manufacturing ......
  • Wasting Away: Why Federal Environmental Statutes Are Currently Unable to Regulate Radio Frequency Identification Chip Disposal and Prevent Widespread Environmental Harm
    • United States
    • Environmental Law Reporter Nbr. 39-3, March 2009
    • March 1, 2009
    ...Mining Cong. v. EPA, 824 F.2d 1177, 1183-84, 17 ELR 21064 (D.C. Cir. 1987). 92. 42 U.S.C.A. §6903(27). 93. 40 C.F.R. §§261.31, 261.32, 261.33(e); id . §261.24. 94. Steven Ferrey, Environmental Law Examples and Explanations 289-91 (Aspen Publishers 3d ed. 2004). 95. Rob Courtney, Evolving Ha......
  • 64 CBJ 409. Transferring Commercial Real Estate Under Connecticut's Environmental Law.
    • United States
    • Connecticut Bar Journal Nbr. 2009, January 2009
    • January 1, 2009
    ...under interim status regarding approval of a fin CRA permit, 42 U.S.C. 6928(h) (1983). 15. 40 C.F.R. 262 et seq. (1989). 16. 40 C.F.R. 261 et seq. (1989). 17. 40 C.F.R. §§ 264 & 265 (1989). 18. 40 C.F.R. § 263.11 (1989) 19. 40 C.F.R. 1 262.12 (1989). The hazardous wa......
3 provisions
  • File 107, SB 293 – Natural resources law-revise
    • United States
    • Ohio Session Laws
    • January 1, 2016
    ...(D)(2)(f) of this section. (g) That the active areas within a new hazardous waste facility where acute hazardous waste as listed in 40 C.F.R. 261.33 (e), as amended, or organic waste that is toxic and is listed under 40 C.F.R. 261, as amended, is being stored, treated, or disposed of and wh......
  • Act 174, HB 181 – TO AMEND SEC 22-30-4,22-30B-2,22- 30B-2.1 & 22-30B-4.1 RELATING FEE PD BY OPERATORS OF COMMER. SITES
    • United States
    • Alabama Session Laws
    • January 1, 2013
    ..."(2) In addition to the base fee imposed in subdivision (1), a fee of sixty-two dollars ($62) per ton on acute hazardous waste listed in 40 CFR 261.33(e) and having an EPA Hazardous Waste Number designation beginning with the letter "P", except residuals from incineration of such "(3) In ad......
  • Act 306, HB 126 –
    • United States
    • Alabama Session Laws
    • January 1, 2006
    ...23 "(2) In addition to the base fee imposed in 24 subdivision (1), a fee of $62 per ton on acute hazardous waste 25 listed in 40 CFR 261.33(e) and having an EPA Hazardous Page 2 HB126 1 Number designation beginning with the letter "P", except 2 residuals from incineration of such waste. 3 "......

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