SUBCHAPTER IÐSOLID WASTES (Continued) PART 260ÐHAZARDOUS WASTE Subpart AÐGeneral MANAGEMENT SYSTEM: GENERAL § 260.1 Purpose, scope, and applica- bility. Subpart AÐGeneral (a) This part provides definitions of Sec. terms, general standards, and overview 260.1 Purpose, scope, and applicability. information applicable to parts 260 260.2 Availability of information; confiden- through 265 and 268 of this chapter. tiality of information. (b) In this part: (1) Section 260.2 sets 260.3 Use of number and gender. forth the rules that EPA will use in Subpart BÐDefinitions making information it receives avail- able to the public and sets forth the re- 260.10 Definitions. quirements that generators, trans- 260.11 References. porters, or owners or operators of treatment, storage, or disposal facili- Subpart CÐRulemaking Petitions ties must follow to assert claims of 260.20 General. business confidentiality with respect to 260.21 Petitions for equivalent testing or information that is submitted to EPA analytical methods. under parts 260 through 265 and 268 of 260.22 Petitions to amend part 261 to ex- this chapter. clude a waste produced at a particular fa- (2) Section 260.3 establishes rules of cility. grammatical construction for parts 260 260.23 Petitions to amend 40 CFR part 273 to through 265 and 268 of this chapter. include additional hazardous wastes. (3) Section 260.10 defines terms which 260.30 Variances from classification as a are used in parts 260 through 265 and solid waste. 268 of this chapter. 260.31 Standards and criteria for variances (4) Section 260.20 establishes proce- from classification as a solid waste. dures for petitioning EPA to amend, 260.32 Variances to be classified as a boiler. modify, or revoke any provision of 260.33 Procedures for variances from classi- parts 260 through 265 and 268 of this fication as a solid waste or to be classi- fied as a boiler. chapter and establishes procedures gov- 260.40 Additional regulation of certain haz- erning EPA's action on such petitions. ardous waste recycling activities on a (5) Section 260.21 establishes proce- case-by-case basis. dures for petitioning EPA to approve 260.41 Procedures for case-by-case regula- testing methods as equivalent to those tion of hazardous waste recycling activi- prescribed in parts 261, 264, or 265 of ties. this chapter. APPENDIX I TO PART 260ÐOVERVIEW OF SUB- (6) Section 260.22 establishes proce- TITLE C REGULATIONS dures for petitioning EPA to amend subpart D of part 261 to exclude a waste AUTHORITY: 42 U.S.C. 6905, 6912(a), 6921±6927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974. from a particular facility. SOURCE: 45 FR 33073, May 19, 1980, unless [45 FR 33073, May 19, 1980, as amended at 51 otherwise noted. FR 40636, Nov. 7, 1986] EFFECTIVE DATE NOTE: The reporting or § 260.2 Availability of information; recordkeeping provisions included in the confidentiality of information. final rule published at 47 FR 32274, July 26, 1982, will be submitted for approval to the (a) Any information provided to EPA Office of Management and Budget (OMB), under parts 260 through 265 and 268 of and will not become effective until OMB ap- this chapter will be made available to proval has been obtained. EPA will publish a the public to the extent and in the notice of the effective date of the reporting manner authorized by the Freedom of and recordkeeping provisions of this rule Information Act, 5 U.S.C. section 552, after it obtains OMB approval. section 3007(b) of RCRA and EPA regu- lations implementing the Freedom of 5 VerDate 31<AUG>2000 14:46 Aug 31, 2000 Jkt 190153 PO 00000 Frm 00005 Fmt 8010 Sfmt 8010 \CFRS\BUGS\190153T.XXX APPS27 PsN: 190153T § 260.3 40 CFR Ch. I (7±1±00 Edition) Information Act and section 3007(b), cluding the tank bottom) is able to be part 2 of this chapter, as applicable. visually inspected. (b) Any person who submits informa- Act or RCRA means the Solid Waste tion to EPA in accordance with parts Disposal Act, as amended by the Re- 260 through 266 and 268 of this chapter source Conservation and Recovery Act may assert a claim of business con- of 1976, as amended, 42 U.S.C. section fidentiality covering part or all of that 6901 et seq. information by following the proce- Active life of a facility means the pe- dures set forth in § 2.203(b) of this chap- riod from the initial receipt of haz- ter. Information covered by such a ardous waste at the facility until the claim will be disclosed by EPA only to Regional Administrator receives cer- the extent, and by means of the proce- tification of final closure. dures, set forth in part 2, subpart B, of Active portion means that portion of a this chapter except that information facility where treatment, storage, or required by § 262.53(a) and § 262.83 that disposal operations are being or have is submitted in a notification of intent to export a hazardous waste will be been conducted after the effective date provided to the U.S. Department of of part 261 of this chapter and which is State and the appropriate authorities not a closed portion. (See also ``closed in the transit and receiving or import- portion'' and ``inactive portion''.) ing countries regardless of any claims Administrator means the Adminis- of confidentiality. However, if no such trator of the Environmental Protection claim accompanies the information Agency, or his designee. when it is received by EPA, it may be Ancillary equipment means any device made available to the public without including, but not limited to, such further notice to the person submitting devices as piping, fittings, flanges, it. valves, and pumps, that is used to dis- tribute, meter, or control the flow of [45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40636, Nov. 7, hazardous waste from its point of gen- 1986; 61 FR 16309, Apr. 12, 1996] eration to a storage or treatment tank(s), between hazardous waste stor- § 260.3 Use of number and gender. age and treatment tanks to a point of As used in parts 260 through 265 and disposal onsite, or to a point of ship- 268 of this chapter: ment for disposal off-site. (a) Words in the masculine gender Aquifer means a geologic formation, also include the feminine and neuter group of formations, or part of a forma- genders; and tion capable of yielding a significant (b) Words in the singular include the amount of ground water to wells or plural; and springs. (c) Words in the plural include the Authorized representative means the singular. person responsible for the overall oper- ation of a facility or an operational [45 FR 33073, May 19, 1980, as amended at 51 unit (i.e., part of a facility), e.g., the FR 40636, Nov. 7, 1986] plant manager, superintendent or per- son of equivalent responsibility. Subpart BÐDefinitions Battery means a device consisting of one or more electrically connected § 260.10 Definitions. electrochemical cells which is designed When used in parts 260 through 273 of to receive, store, and deliver electric this chapter, the following terms have energy. An electrochemical cell is a the meanings given below: system consisting of an anode, cathode, Above ground tank means a device and an electrolyte, plus such connec- meeting the definition of ``tank'' in tions (electrical and mechanical) as § 260.10 and that is situated in such a may be needed to allow the cell to de- way that the entire surface area of the liver or receive electrical energy. The tank is completely above the plane of term battery also includes an intact, the adjacent surrounding surface and unbroken battery from which the elec- the entire surface area of the tank (in- trolyte has been removed. 6 VerDate 31<AUG>2000 14:46 Aug 31, 2000 Jkt 190153 PO 00000 Frm 00006 Fmt 8010 Sfmt 8010 \CFRS\BUGS\190153T.XXX APPS27 PsN: 190153T Environmental Protection Agency § 260.10 Boiler means an enclosed device using Closed portion means that portion of a controlled flame combustion and hav- facility which an owner or operator has ing the following characteristics: closed in accordance with the approved (1)(i) The unit must have physical facility closure plan and all applicable provisions for recovering and exporting closure requirements. (See also ``active thermal energy in the form of steam, portion'' and ``inactive portion''.) heated fluids, or heated gases; and Component means either the tank or (ii) The unit's combustion chamber ancillary equipment of a tank system. and primary energy recovery sec- Confined aquifer means an aquifer tions(s) must be of integral design. To bounded above and below by imper- be of integral design, the combustion meable beds or by beds of distinctly chamber and the primary energy recov- lower permeability than that of the aq- ery section(s) (such as waterwalls and uifer itself; an aquifer containing con- superheaters) must be physically fined ground water. formed into one manufactured or as- Container means any portable device sembled unit. A unit in which the com- in which a material is stored, trans- bustion chamber and the primary en- ported, treated, disposed of, or other- ergy recovery section(s) are joined only wise handled. by ducts or connections carrying flue Containment building means a haz- gas is not integrally designed; however, ardous waste management unit that is secondary energy recovery equipment used to store or treat hazardous waste (such as economizers or air preheaters) under the provisions of subpart DD of need not be physically formed into the parts 264 or 265 of this chapter.