40 C.F.R. §261.33 - Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof

Cite as40 C.F.R. §261.33
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35 cases
  • 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......
  • Connecticut Coastal Fishermen's Ass'n v. Remington Arms Co., Inc., Nos. 1580
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 29, 1993
    ...2. Clay Targets Remington declares the clay targets cannot be hazardous waste merely because they contain hazardous wastes listed in 40 C.F.R. § 261.33(f). Regardless of whether this assertion properly interprets 40 C.F.R. § 261.33(d) (comment), it is irrelevant. The district court did not ......
  • U.S. v. Overholt, No. 00-5074.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 10, 2002
    ...a carburetor cleaner containing orthodichlorobenzene, a chlorinated solvent listed as a hazardous material under EPA regulations. See 40 C.F.R. § 261.33(f), Hazardous Waste No. U070 (1,2 dichlorobenzene). On May 9, 1995, an Overholt driver hauled a large quantity of the carburetor cleaner t......
  • U.S. v. MacDonald & Watson Waste Oil Co., s. 90-1051
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • October 2, 1990
    ...Sec. 9602(a). EPA regulations promulgated under RCRA prior to the Master Chemical cleanup listed toluene as a hazardous waste, 40 C.F.R. Sec. 261.33(f). EPA also promulgated regulations pursuant to Sec. 102(a) prior to the Master Chemical cleanup which establish a reportable quantity for to......
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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......
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4 books & journal articles
  • Rethinking recycling.
    • United States
    • Environmental Law Vol. 38 No. 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 No. 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 No. 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
  • HB 283
    • United States
    • Ohio Session Laws
    • January 1, 1999
    ...operation of the facility; (g) That the active areas within a new hazardous waste facilitywhere acute hazardous waste as listed in 40 C.F.R. 261.33 (e), asamended, or organic waste that is toxic and is listed under 40C.F.R. 261, as amended, is being stored, treated, or disposed ofand where ......
  • 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 "......
  • 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
    ...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 waste."(3) In a......

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