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40 CFR Part 261

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40 CFR Part 261 Environmental Protection Agency § 302.3 potentially responsible parties to undertake Administrator means the Adminis- response actions. trator of the United States Environ- (e) Because state and local public safety mental Protection Agency (‘‘EPA’’); organizations would normally be the first Animal waste means manure (feces, government representatives at the scene of a discharge or release, they are expected to urine, and other excrement produced initiate public safety measures that are nec- by livestock), digestive emissions, and essary to protect the public health and wel- urea. The definition includes animal fare and that are consistent with contain- waste when mixed or commingled with ment and cleanup requirements in the NCP, bedding, compost, feed, soil and other and are responsible for directing evacuations typical materials found with animal pursuant to existing state or local proce- waste. dures. Consumer product shall have the [59 FR 47473, Sept. 15, 1994] meaning stated in 15 U.S.C. 2052; Environment means (1) the navigable PART 302—DESIGNATION, REPORT- waters, the waters of the contiguous ABLE QUANTITIES, AND NOTIFI- zone, and the ocean waters of which the natural resources are under the ex- CATION clusive management authority of the United States under the Fishery Con- Sec. servation and Management Act of 1976, 302.1 Applicability. and (2) any other surface water, ground 302.2 [Reserved] water, drinking water supply, land sur- 302.3 Definitions. face or subsurface strata, or ambient 302.4 Designation of hazardous substances. 302.5 Determination of reportable quan- air within the United States or under tities. the jurisdiction of the United States; 302.6 Notification requirements. Facility means (1) any building, struc- 302.7 Penalties. ture, installation, equipment, pipe or 302.8 Continuous releases. pipeline (including any pipe into a sewer or publicly owned treatment AUTHORITY: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 1361. works), well, pit, pond, lagoon, im- poundment, ditch, landfill, storage con- SOURCE: 50 FR 13474, Apr. 4, 1985, unless tainer, motor vehicle, rolling stock, or otherwise noted. aircraft, or (2) any site or area where a hazardous substance has been depos- § 302.1 Applicability. ited, stored, disposed of, or placed, or This regulation designates under sec- otherwise come to be located; but does tion 102(a) of the Comprehensive Envi- not include any consumer product in ronmental Response, Compensation, consumer use or any vessel; and Liability Act of 1980 (‘‘the Act’’) Farm means a facility on a tract of those substances in the statutes re- land devoted to the production of crops ferred to in section 101(14) of the Act, or raising of animals, including fish, identifies reportable quantities for which produced and sold, or normally these substances, and sets forth the no- would have produced and sold, $1,000 or tification requirements for releases of more of agricultural products during a these substances. This regulation also year. sets forth reportable quantities for haz- Hazardous substance means any sub- ardous substances designated under stance designated pursuant to 40 CFR section 311(b)(2)(A) of the Clean Water part 302; Act. Hazardous waste shall have the mean- ing provided in 40 CFR 261.3; § 302.2 [Reserved] Navigable waters or navigable waters of the United States means waters of the § 302.3 Definitions. United States, including the territorial As used in this part, all terms shall seas; have the meaning set forth below: Offshore facility means any facility of The Act, CERCLA, or Superfund any kind located in, on, or under, any means the Comprehensive Environ- of the navigable waters of the United mental Response, Compensation, and States, and any facility of any kind Liability Act of 1980 (Pub. L. 96–510); which is subject to the jurisdiction of 281 VerDate Mar<15>2010 09:25 Jul 28, 2010 Jkt 220169 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\220169.XXX 220169 WReier-Aviles on DSKGBLS3C1PROD with CFR § 302.4 40 CFR Ch. I (7–1–10 Edition) the United States and is located in, on, trict of Columbia, the Commonwealth or under any other waters, other than of Puerto Rico, Guam, American a vessel or a public vessel; Samoa, the United States Virgin Is- Onshore facility means any facility lands, the Commonwealth of the North- (including, but not limited to, motor ern Marianas, and any other territory vehicles and rolling stock) of any kind or possession over which the United located in, on, or under, any land or States has jurisdiction; and non-navigable waters within the Vessel means every description of United States; watercraft or other artificial contriv- Person means an individual, firm, ance used, or capable of being used, as corporation, association, partnership, a means of transportation on water. consortium, joint venture, commercial entity, United States Government, [50 FR 13474, Apr. 4, 1985, as amended at 67 State, municipality, commission, polit- FR 45321, July 9, 2002; 73 FR 76959, Dec. 18, ical subdivision of a State, or any 2008] interstate body; Release means any spilling, leaking, § 302.4 Designation of hazardous sub- pumping, pouring, emitting, emptying, stances. discharging, injecting, escaping, leach- (a) Listed hazardous substances. The ing, dumping, or disposing into the en- elements and compounds and haz- vironment (including the abandonment ardous wastes appearing in table 302.4 or discarding of barrels, containers, are designated as hazardous substances and other closed receptacles containing under section 102(a) of the Act. any hazardous substance or pollutant (b) Unlisted hazardous substances. A or contaminant), but excludes: solid waste, as defined in 40 CFR 261.2, (1) Any release which results in expo- which is not excluded from regulation sure to persons solely within a work- as a hazardous waste under 40 CFR place, with respect to a claim which 261.4(b), is a hazardous substance under such persons may assert against the employer of such persons; section 101(14) of the Act if it exhibits (2) Emissions from the engine ex- any of the characteristics identified in haust of a motor vehicle, rolling stock, 40 CFR 261.20 through 261.24. aircraft, vessel, or pipeline pumping NOTE: The numbers under the column station engine; headed ‘‘CASRN’’ are the Chemical Ab- (3) Release of source, byproduct, or stracts Service Registry Numbers for each special nuclear material from a nuclear hazardous substance. The ‘‘Statutory Code’’ column indicates the statutory source for incident, as those terms are defined in designating each substance as a CERCLA the Atomic Energy Act of 1954, if such hazardous substance: ‘‘1’’ indicates that the release is subject to requirements with statutory source is section 311(b)(2) of the respect to financial protection estab- Clean Water Act, ‘‘2’’ indicates that the lished by the Nuclear Regulatory Com- source is section 307(a) of the Clean Water mission under section 170 of such Act, Act, ‘‘3’’ indicates that the source is section or for the purposes of section 104 of the 112 of the Clean Air Act, and ‘‘4’’ indicates Comprehensive Environmental Re- that the source is section 3001 of the Re- sponse, Compensation, and Liability source Conservation and Recovery Act Act or any other response action, any (RCRA). The ‘‘RCRA Waste Number’’ column release of source, byproduct, or special provides the waste identification numbers nuclear material from any processing assigned to various substances by RCRA reg- site designated under section 102(a)(1) ulations. The ‘‘Pounds (kg)’’ column provides or 302(a) of the Uranium Mill Tailings the reportable quantity adjustment for each hazardous substance in pounds and kilo- Radiation Control Act of 1978; and grams. Appendix A to § 302.4, which lists (4) The normal application of fer- CERCLA hazardous substances in sequential tilizer; order by CASRN, provides a per-substance Reportable quantity (‘‘RQ’’) means grouping of regulatory synonyms (i.e., names that quantity, as set forth in this part, by which each hazardous substance is identi- the release of which requires notifica- fied in other statutes and their imple- tion pursuant to this part; menting regulations). United States include the several States of the United States, the Dis- 282 VerDate Mar<15>2010 09:25 Jul 28, 2010 Jkt 220169 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\220169.XXX 220169 WReier-Aviles on DSKGBLS3C1PROD with CFR Environmental Protection Agency § 302.4 TABLE 302.4—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES [Note: All Comments/Notes Are Located at the End of This Table] RCRA Hazardous substance CASRN Statutory waste Final RQ code† No. pounds (Kg) A2213 .................................................................................. 30558431 4 U394 5000 (2270) Acenaphthene ..................................................................... 83–32–9 2 100 (45.4) Acenaphthylene ................................................................... 208–96–8 2 5000 (2270) Acetaldehyde ....................................................................... 75–07–0 1,3,4 U001 1000 (454) Acetaldehyde, chloro- ......................................................... 107–20–0 4 P023 1000 (454) Acetaldehyde, trichloro- ...................................................... 75–87–6 4 U034 5000 (2270) Acetamide ........................................................................... 60–35–5 3 100 (45.4) Acetamide, N-(aminothioxomethyl)- .................................... 591–08–2 4 P002 1000 (454) Acetamide, N-(4-ethoxyphenyl)-
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