Section 20-4201. RULES OF INTERPRETATION FOR FEDERAL REGULATIONS INCORPORATED BY REFERENCE

 

4201.1The Hazardous Waste Management Regulations in 20 DCMR §§ 4260 through 4279 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 RCRA permits (hereafter collectively referred to as the "RCRA regulations"), promulgated by the United States Environmental Protection Agency (EPA).

 

4201.2The incorporation by reference of the RCRA regulations in 20 DCMR §§ 4260 through 4279 is subject to the general modifications in §§ 4200 through 4206, as well as the corrections in Appendix A to this chapter.

 

4201.3Unless specified otherwise, whenever a provision in the Hazardous Waste Management Regulations refers to Volume 40 of the Code of Federal Regulations (40 CFR), the provision shall refer to the most recently updated Volume 40 in publication and any amendments thereto.

 

4201.4Unless specified otherwise, whenever a provision in the Hazardous Waste Management Regulations refers to a volume of the Code of Federal Regulations other than Volume 40, the provision shall refer to the most recently updated volumes in publication and any amendments thereto.

 

4201.5Federal regulations that are incorporated by reference in the Hazardous Waste Management Regulations, 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.

 

4201.6The following table shows the correspondence between the RCRA regulations and the Hazardous Waste Management 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

 

4201.7In 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 20 DCMR § 4201.6.

 

4201.8For purposes of interfacing with the RCRA regulations, the following terms apply, unless specified otherwise or unless the context requires otherwise:

 

(a)Except in those federal provisions that are not delegable by law, or that have not been delegated by EPA, to the District of Columbia, the term "Director" shall supplant the terms "Administrator," "Assistant Administrator," "Assistant Administrator for Solid Waste and Emergency Response," "EPA Administrator," "Regional Administrator," "Regional Administrator for the Region in which the generator is located," and "State Director";

 

(b)The terms "District of Columbia Department of the Environment" or "Department" shall supplant the terms "United States Environmental Protection Agency," "U.S. Environmental Protection Agency," "EPA," "Agency," "EPA Headquarters," "EPA Regions," "Regional Office," "EPA Regional Office," and "appropriate Regional EPA Office," except as follows:

 

(1)In those federal provisions that are not delegable by law, or that have not been delegated by EPA, to the District, the terms "District of Columbia Department of the Environment" and "Department" shall not be substituted for the federal terms;

 

(2)The abbreviation "EPA," when used as an adjective in the terms "EPA Acknowledgement of Consent," "EPA form," "EPA guidance," "EPA hazardous waste number," "EPA identification number," "EPA publication," "EPA Region," "EPA test methods," or similar phrases, shall not be supplanted and shall remain as in the Code of Federal Regulations; and

 

(3)The terms "U.S. Environmental Protection Agency" or "Environmental Protection Agency" shall not be supplanted when it appears in a mailing or physical address;

 

(c)The terms "Department of Transportation" and "DOT" shall mean the United States Department of Transportation;

 

(d)The term "notification requirements of § 3010 of RCRA" shall mean the requirements, under § 3010 of RCRA, 42 USC § 6930, to notify the Administrator or states having an EPA-authorized RCRA Subtitle C program, including the District of Columbia, of the person's regulated waste activities (hazardous waste activities, universal waste activities, and used oil management activities). The EPA-authorized state where the activity takes place is the primary point of contact for submission of notifications;

 

(e)The term "RCRA permit," "permit issued under subtitle C of RCRA," or "permit issued under RCRA § 3005" shall mean a permit, as defined in 40 CFR § 270.2, issued by the Department or EPA to implement the provisions of 40 CFR Parts 270, 271, and 124, including a hazardous waste permit issued by the Department pursuant to 20 DCMR § 4270;

 

(f)The term "revocation and reissuance" in the federal regulation is equivalent to the "suspension" and granting of a new permit under §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 28, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1303 and 8-1309 (2001)), and the Hazardous Waste Management Regulations; and

 

(g)The term "termination" in the RCRA regulations is equivalent to the term "revocation" in §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303 and 8-1309, and the Hazardous Waste Management Regulations.

 

4201.9The incorporation by reference of the RCRA regulations excludes all site-specific provisions pertaining to Project XL (Excellence in Leadership) facilities located in other states.

 

NOTE: The Code of Federal Regulations may be viewed online at http://www.gpoaccess.gov or at certain public libraries; or purchased by calling [phone] or toll-free [phone]; by writing to the Superintendent of Documents, U.S. Government Printing Office, attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954; or online, at http://bookstore.gpo.gov.

 

source

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

EditorNote

The Code of Federal Regulations may be viewed online at http://www.gpoaccess.gov or at certain public libraries; or purchased by calling [phone] or toll-free [phone]; by writing to the Superintendent of Documents, U.S. Government Printing Office, attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954; or online, at http://bookstore.gpo.gov.