4201.1 The Department's Hazardous Waste Management Regulations incorporate by reference the federal Resource Conservation and Recovery Act regulations in 40 CFR Parts 260 through 266, 268, 270, 273, and 279, as well as the provisions of 40 CFR Part 124 pertaining to permits (hereafter collectively referred to as the 'RCRA regulations'), promulgated by the United States Environmental Protection Agency (EPA).

4201.2 The incorporation by reference is subject to the general modifications in §§ 4200 through 4206 of this chapter, the corrections in Appendix A to this chapter, and the specific modifications found in §§ 4260 through 4279 of this chapter.

4201.3 Federal regulations that are incorporated by reference in chapters 42 and 43 of this title, or that are cross-referenced in the federal regulations that are incorporated by reference, include any District modifications to the federal regulations, such that whenever a District analog to a federal regulation is more stringent, broader, or different than the federal regulation, the District analog shall be substituted for the federal regulation.

4201.4 The following table shows the location of Department's specific modifications to the RCRA regulations:

Federal Regulation	Subject Matter	District Regulation
40 CFR Part 260	Hazardous Waste Management System: General Provisions	20 DCMR § 4260
40 CFR Part 261	Identification and Listing of Hazardous Waste	20 DCMR § 4261
40 CFR Part 262	Standards Applicable to Generators of Hazardous Waste	20 DCMR § 4262
40 CFR Part 263	Standards Applicable to Transporters of Hazardous Waste	20 DCMR § 4263
40 CFR Part 264	Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities	20 DCMR § 4264
40 CFR Part 265	Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities	20 DCMR § 4265
40 CFR Part 266	Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities	20 DCMR § 4266

40 CFR Part 268	Land Disposal Restrictions	20 DCMR § 4268
40 CFR Part 270	Hazardous Waste Permit Program	20 DCMR § 4270
40 CFR Part 124	Decision-Making Procedures for Hazardous Waste Permit Program	20 DCMR § 4271
40 CFR Part 273	Standards for Universal Waste Management	20 DCMR § 4273
40 CFR Part 279	Standards for the Management of Used Oil	20 DCMR § 4279
N/A	Inspections, Enforcement, and Fee Schedule	20 DCMR chapter 43

4201.5 In the incorporation by reference of the RCRA regulations, for all instances in which the RCRA regulations contain a cross-reference to 40 CFR Parts 124, 260 through 266, 268, 270, 273, or 279, the federal cross-reference shall be replaced with the corresponding section in the District regulations shown in the table in § 4201.4.

4201.6 The incorporation by reference of the RCRA regulations excludes all site-specific provisions pertaining to Project XL (Excellence in Leadership) facilities located in other states.

4201.7 In the incorporation by reference of the RCRA regulations, for all instances in which the RCRA regulations refer to the availability and confidentiality of information submitted to EPA, the following applies:

(a) Any information provided to the Department under the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 through 8-1314, and the Hazardous Waste Management Regulations, 20 DCMR Chapters 42 and 43, shall be made available to the public to the extent and in the manner authorized by the District of Columbia Freedom of Information Act, D.C. Official Code §§ 2-531 to 2-540 (FOIA), and the rules implementing FOIA, 1 DCMR Chapter 4;

(b) Any person submitting information to the Department pursuant to the Hazardous Waste Management Act or the Hazardous Waste Management Regulations may assert a claim of confidentiality covering part or all of the information by demonstrating to the Department that the information claimed to be confidential is exempt from public disclosure under FOIA, D.C. Official Code § 2-534(a). The Department will determine, in accordance with the criteria in § 2-534(a), whether and to what extent the information claimed to be confidential will be withheld from disclosure;

(c) Any claim of confidentiality shall be asserted at the time of submission in

the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice;

(d) The Department will determine, in accordance with the FOIA criteria in D.C. Official Code § 2-534(a), whether and to what extent the information claimed to be confidential will be withheld from disclosure; and

(e) Claims of confidentiality shall not apply to the names and addresses of any permit applicants or permittees.

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023).