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EPA Self-Audit and Inspection Guide
Organic Finishing of Metals

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Hazardous Waste Management System (40CFR260.1 -- 40CFR260.41)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Subpart A -- General (40CFR260.1 -- 40CFR260.3)

This part provides definitions of terms, general standards, and overview information applicable to Parts 260 through 265 and 268 of the regulations for solid wastes classified as hazardous. The rules impact generators, transporters, or owners or operators of treatment, storage, or disposal facilities.

Availability of information; confidentiality of information (40CFR260.2)
The information provided to the EPA in accordance with the regulations in this part are subject to the rules of the Freedom of Information Act. The EPA can make any information available to the public, unless it has been shown that business confidentiality would be compromised.

Subpart B -- Definitions (40CFR260.10 -- 40CFR260.11)

Key definitions that are used in Parts 260 through 266, 268, and 270 through 273 are presented in this part. Understanding certain definitions is crucial to proper hazardous waste management activities.

Subpart C -- Rulemaking Petitions (40CFR260.20 -- 40CFR260.41 )

General (40CFR260.20)
Provides general guidelines to petition for the revocation or modification of any permit provisions presented in Parts 260 through 266, 268, and 273 of the Resource Conservation and Recovery Act (RCRA).

Petitions for equivalent testing or analytical methods (40CFR260.21)
Guidelines for petitioning to add a test or analytical method.

Petitions to amend 40 CFR Part 261 to exclude a waste produced at a particular facility (40CFR260.22)
Guidelines to petition for a regulatory amendment to exclude a waste at a particular generating facility from the lists of hazardous wastes (i.e., Delisting Petition).

Petitions to amend 40 CFR Part 273 to include additional hazardous wastes (40CFR260.23)
Guidelines to petition for a regulatory amendment to add a hazardous waste or hazardous waste category to the universal waste regulations.

Variances from classification as a solid waste (40CFR260.30)
Some recycled materials may not be classified as solid wastes depending on the recycling process on a case-by-case basis.

Standards and criteria for variances from classification as a solid waste (40CFR260.31)
Variances from classifying materials as a solid waste may be granted when those materials are being accumulated speculatively without sufficient amounts for recycling. Such variances are based on the amount of material accumulated, the economic viability of recycling, and the time period of recycling.

Additional regulation of certain hazardous waste recycling activities on a case-by-case basis (40CFR260.40)
Persons accumulating or storing recyclable materials may be regulated, as determined on a case-by-case basis, if handling and storing of the materials is done in a manner that does not protect human health and the environment, and does not adequately contain toxic constituents.


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