(a) The commission adopts by reference the regulations
contained in 40 Code of Federal Regulations (CFR) §262.11(e)
- (g) (Hazardous waste determination and record keeping) as adopted
and amended in the Federal Register through
November 28, 2016 (81 FR 85732), subject to the changes in this subsection.
(1) In 40 CFR §262.11(e), "parts 261, 264, 265,
266, 267, 268, and 273 of this chapter" is changed to "Chapter 335
of this title (relating to Industrial Solid Waste and Municipal Hazardous
Waste)."
(2) In 40 CFR §262.11(f), "40 CFR 261.3" means
as this section is adopted under §335.504 of this title (relating
to Hazardous Waste Determination); "paragraphs (c) and (d) of this
section" are changed to "§335.504(a)(2) and (3) of this title";
"paragraph (d)(1)" is changed to "§335.504(a)(3)(A) of this title";
and the term "Administrator" is changed to the term "executive director."
(3) In 40 CFR §262.11(g), "subparts C and D of
part 261 of this chapter" is changed to "40 CFR Part 261, Subparts
C and D, as adopted by reference under §335.504 of this title";
and "§262.32" is changed to "40 CFR §262.32 as adopted by
reference under §335.55 of this title (relating to Pre-Transport
Requirements Applicable to Small and Large Quantity Generators)."
(b) The commission adopts by reference the regulations
contained in 40 CFR §262.13 (Generator category determination),
including Table 1, as adopted in the Federal
Register on November 28, 2016 (81 FR 85732), and amended in
the Federal Register through February
22, 2019 (84 FR 5816) subject to the changes in this subsection.
(1) In the introductory text to 40 CFR §262.13,
"§260.10 of this chapter" is changed to "§335.1 of this
title (relating to Definitions)."
(2) In 40 CFR §262.13(c), "this part" is changed
to "this chapter."
(3) In 40 CFR §262.13(c)(1), "40 CFR 261.4(c)
through (f), 261.6(a)(3), or 261.7(a)(1)" is changed to "§335.2(f)
and (g) of this title (relating to Permit Required), §335.24(c)(1)
- (4) of this title (relating to Requirements for Recyclable Materials
and Nonhazardous Recyclable Materials), and §335.41(f) of this
title (relating to Purpose, Scope and Applicability)."
(4) In 40 CFR §262.13(c)(2), "40 CFR 260.10" is
changed to "§335.1 of this title."
(5) In 40 CFR §262.13(c)(3), "40 CFR 261.6(c)(2)"
is changed to "§335.24(g) of this title."
(6) In 40 CFR §262.13(c)(4), "40 CFR 261.6(a)(4)
and 40 CFR part 279" is changed to "§335.24(m) of this title
and Chapter 324 of this title (relating to Used Oil Standards)."
(7) In 40 CFR §262.13(c)(5), "40 CFR part 266
subpart G" is changed to "Subchapter H, Division 4 of this chapter
(relating to Spent Lead-Acid Batteries Being Reclaimed)."
(8) In 40 CFR §262.13(c)(6), "40 CFR 261.9 and
40 CFR part 273" is changed to "40 CFR §261.9 as adopted under §335.504(a)(1)
of this title and Subchapter H, Division 5 of this chapter (relating
to Universal Waste Rule)."
(9) In 40 CFR §262.13(c)(7), "listed in 40 CFR
part 261 subpart D or exhibiting one or more characteristics in 40
CFR part 261 subpart C" is changed to "listed in 40 CFR Part 261,
Subpart D or exhibiting one or more characteristics in 40 CFR Part
261, Subpart C as adopted under §335.504 of this title"; "§262.213"
is changed to "§335.59 of this title (relating to Alternative
Requirements for Hazardous Waste Determination and Accumulation of
Unwanted Material for Laboratories Owned by Eligible Academic Entities)";
and "§262.200" is changed to "40 CFR §262.200 as adopted
under §335.59 of this title."
(10) In 40 CFR §262.13(c)(8), "subpart L of this
part" is changed to "§335.60 of this title (relating to Alternative
Standards for Episodic Generation)."
(11) In 40 CFR §262.13(c)(9), "§266.500"
is changed to "§335.751 of this title (relating to Definitions);
"40 CFR part 266 subpart P" is changed to "Subchapter W of this chapter
(relating to Management Standards for Hazardous Waste Pharmaceuticals)";
and "§266.506" is changed to "§335.763 of this title (relating
to Conditional Exemptions for Hazardous Waste Pharmaceuticals that
are Controlled Substances and Household Waste Pharmaceuticals Collected
in a Take-back Event or Program)."
(12) In 40 CFR §262.13(e), "§262.10" is changed
to "§335.52 of this title (relating to Purpose, Scope, and Applicability)";
and "§§262.14, 262.15, 262.16 or 262.17" is changed to "40
CFR §§262.14, 262.15, 262.16 or 262.17 as adopted under
subsections (c) - (f) of this section."
(13) In 40 CFR §262.13(f)(1)(i):
(A) "§262.14" is changed to "40 CFR §262.14
as adopted in subsection (c) of this section";
(B) "§260.10 of this chapter" is changed to "§335.1
of this title"; and
(C) "part 261 subpart C of this chapter" is changed
to "40 CFR Part 261, Subpart C as adopted under §335.504 of this
title."
(14) In 40 CFR §262.13(f)(1)(ii), "40 CFR 260.10
of this chapter" is changed to "§335.1 of this title."
(15) In 40 CFR §262.13(f)(1)(iii), "40 CFR part
279" is changed to "Chapter 324 of this title."
(16) In 40 CFR §262.13(f)(2)(i):
(A) "§§261.3(a)(2)(iv), (b)(2) and (3), and
(g)(2)(i)" are changed to "40 CFR §§261.3(a)(2)(iv), (b)(2)
and (3), and (g)(2)(i) as adopted under §335.504 of this title";
(B) "§268.3(a)" is changed to "40 CFR §268.3(a),
as adopted under §335.431(c) of this title (relating to Purpose,
Scope, and Applicability)";
(C) "§268.40" is changed to "40 CFR §268.40
as adopted under §335.431(c) of this title"; and
(D) "§262.11" is changed to "§335.504 of
this title and 40 CFR §262.11(e) - (g) as adopted under subsection
(a) of this section."
(17) In 40 CFR §262.13(f)(2)(ii), "§260.10
of this chapter" is changed to "§335.1 of this title."
(c) The commission adopts by reference the regulations
contained in 40 CFR §262.14, as adopted in the Federal Register on November 28, 2016 (81
FR 85732), and amended in the Federal Register through
February 22, 2019 (84 FR 5816) subject to the changes in this subsection.
(1) In 40 CFR §262.14(a), "parts 124, 262 (except §§262.10
- 262.14) through 268 and 270 of this chapter" is changed to "40 CFR
Part 262, except §§262.10 - 262.14, as adopted in this subchapter; §335.2
of this title (relating to Permit Required); Subchapters D - H and
O of this chapter (relating to Standards Applicable to Transporters
of Hazardous Waste; Interim Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities; Permitting
Standards for Owners and Operators of Hazardous Waste Treatment, Storage,
or Disposal Facilities; Location Standards for Hazardous Waste Storage,
Processing, or Disposal; Standards for the Management of Specific
Wastes and Specific Types of Facilities; and Land Disposal Restrictions);
and Chapters 37, 39, and 305 of this title (relating to Financial
Assurance; Public Notice; and Consolidated Permits)."
(2) In 40 CFR §262.14(a)(1), "§260.10 of
this chapter" is changed to "§335.1 of this title (relating to
Definitions)."
(3) In 40 CFR §262.14(a)(2), "§262.11(a)
through (d)" is changed to "§335.504 of this title."
(4) In 40 CFR §262.14(a)(3), "§§261.31
or 261.33(e) of this chapter" is changed to "40 CFR §261.31 or §261.33(e)
as adopted under §335.504 of this title."
(5) In 40 CFR §262.14(a)(3)(ii), "§262.17(a)
through (g)" is changed to "40 CFR §262.17(a) - (g) as adopted
under subsection (f) of this section."
(6) In 40 CFR §262.14(a)(4)(iii), "§262.16(b)(2)
through (f)" is changed to "40 CFR §262.16(b)(2) - (f) as adopted
under subsection (e) of this section."
(7) In 40 CFR §262.14(a)(5)(i), "part 270 of this
chapter" is changed to "40 CFR Part 270 or Chapter 335 of this title";
(8) In 40 CFR §262.14(a)(5)(ii), "parts 265 and
270 of this chapter" is changed to "40 CFR Parts 265 and 270 or Chapter
335 of this title;"
(9) In 40 CFR §262.14 (a)(5)(vii), after "part
273 of this chapter" is changed to "40 CFR Part 273 or Chapter 335,
Subchapter H, Division 5 of this title (relating to Universal Waste
Rule)."
(10) In 40 CFR §262.14(a)(5)(viii)(A), "§260.10
of this chapter" is changed to "§3.2 of this title (relating
to Definitions)."
(11) In 40 CFR §262.14(a)(5)(ix), "§266.500"
is changed to "§335.751 of this title (relating to Definitions)."
Cont'd... |