4261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

4261.1 The provisions of 40 CFR Part 261 (Identification and Listing of Hazardous Waste) and Appendices I through III and VII through IX to Part 261 are incorporated by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.4261.2 In 40 CFR § 261.1 (purpose and scope of Part 261), the term 'EPA' shall mean the United States Environmental Protection Agency.4261.3 In addition to the scope of the regulations as described in 40 CFR § 261.1, this section (20 DCMR § 4261) identifies materials that are hazardous wastes under:- (a) Section 3 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1302(2) (2001));

- (b) Section 2(a) of the Illegal Dumping Enforcement Amendment Act of 1998, effective April 29, 1998 (D.C. Law 12-90; D.C. Official Code § 8-901(2A) (2001)); and

- (c) Section 2(a) of the Solid Waste Facility Permit Amendment Act of 1998, effective June 11, 1999 (D.C. Law 12-286; D.C. Official Code § 8-1051(20) (2001)).4261.4 A material that is not identified as a hazardous waste in this section shall be regulated as a hazardous waste under any of the following circumstances:- (a) Where the Director, in carrying out his or her responsibilities under § 8 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code § 8-1307, or § 2(b)(12) through (18) of the Solid Waste Facility Permit Amendment Act of 1998, D.C. Official Code § 8-1055(c)(12) through (18), has reason to believe that the material may be a hazardous waste within the meaning of § 3 of the Hazardous Waste Management Act, D.C. Official Code § 8-1302(2);

- (b) Where the Director, in taking enforcement action under §§ 11 and 12(a) of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1310 and 8-1311(a), determines that the material presents a danger or threat to the public health, safety, or welfare or the environment; or

- (c) Where the Director, in taking enforcement action under § 2(b) of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(a) and (h), has reason to believe that the material may be a hazardous waste within the meaning of § 2(a) of the Act, D.C. Official Code § 8-901(2A).4261.5 In 40 CFR § 261.2(d)(3) (criteria used by the Administrator to add wastes to the list referenced in § 261.2(d)(3)), the term 'Administrator' shall mean the Administrator of the United States Environmental Protection Agency.4261.6 In 40 CFR § 261.4(b)(10) (exclusions), the cross-reference to 'part 280 of this chapter' shall refer instead to the District of Columbia Underground Storage Tank Regulations, 20 DCMR chapters 55 through 70.4261.7 The provisions of 40 CFR § 261.5 (special requirements for hazardous waste generated by conditionally exempt small quantity generators), are adopted with the following modifications:- (a) With respect to 40 CFR § 261.5(b), each conditionally exempt small quantity

generator's hazardous wastes shall be subject to the notification requirements of § 3010 of RCRA;

(b) The provisions of 40 CFR § 261.5(j), which regulate mixtures of conditionally exempt small quantity generator waste and used oil that are to be recycled as used oil under 40 CFR Part 279, are excluded from the incorporation by reference. Instead, all mixtures of conditionally exempt small quantity generator waste and used oil shall be regulated as hazardous waste under this subsection (20 DCMR § 4261.7); and

(c) In addition to the requirements of 40 CFR § 261.5, beginning on March 1, 2006, and on or before March 1 of each year thereafter, each conditionally exempt small quantity generator shall complete and submit to the Director, on forms provided by the Department, an annual self-certification of compliance that addresses compliance with the requirements of 40 CFR § 261.5, as modified by this subsection (20 DCMR § 4261.7), during the preceding twelve (12) months, and, where necessary, a return-to-compliance plan. The generator shall also address:

(1) Any measures taken during the previous year to reduce the volume and toxicity of hazardous waste generated; and,

(2) To the extent such information is available, any changes in the volume and toxicity actually achieved during the year in comparison to previous years.

4261.8 Except for 40 CFR § 261.20(c), in which the term 'Director' shall supplant the term 'Administrator,' the substitution of terms specified in 20 DCMR § 4201.8(a) and (b), shall not apply to Subparts B, C, and D in 40 CFR Part 261 (criteria for identifying characteristics of hazardous waste and for listing hazardous waste, the characteristics of hazardous waste, and lists of hazardous waste).

4261.9 With respect to 40 CFR § 261.38 (comparable/syngas fuel exclusion), the provisions of 40 CFR § 262.34 (accumulation time), incorporated by reference, are subject to modification in 20 DCMR § 4262.4.

4261.10 The substitution of terms specified in 20 DCMR § 4201.8(a) and (b) shall not apply to Appendix IX to 40 CFR Part 261 (wastes excluded from non-specific sources).

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