Section 20-4260. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL PROVISIONS

 

4260.1The provisions of 40 C.F.R. Part 260 (Hazardous Waste Management System: General) and Appendix I to Part 260 are incorporated by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.

 

4260.2In 40 C.F.R. § 260.1, pertaining to the purpose, scope, and applicability of Part 260, the term "EPA" shall mean the United States Environmental Protection Agency.

 

4260.3In 40 C.F.R. § 260.2, pertaining to the availability and confidentiality of information submitted to EPA, the term "EPA" shall mean the United States Environmental Protection Agency. In addition to the requirements of 40 C.F.R. § 260.2:

 

(a)Any information provided to the Department under 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 §§ 8-1301 through 8-1314 (2001 ed.)), 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, effective March 29, 1977, as amended (D.C. Law 1-96; D.C. Official Code §§ 2-531 to 2-540 (2001 ed.)) (FOIA), and the rules implementing FOIA, Chapter 4 in Title 1 DCMR; and

 

(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 Director that the information claimed to be confidential is exempt from public disclosure under FOIA, D.C. Official Code § 2-534(a). The Director 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.

 

4260.4 Except as provided in this subsection, the substitution of terms specified in 20 DCMR §§ 4201.8(a) and (b) shall not apply to the definitions in 40 C.F.R. § 260.10. The following definitions either clarify or modify the corresponding federal definitions, or provide the meaning for terms not defined in the RCRA regulations:

 

(a) Active life - in the federal definition of the term “active life,” the term “Director” shall supplant the term “Regional Administrator”;

 

(b) Boiler - in the federal definition of the term “boiler,” the term “Director” shall supplant the term “Regional Administrator”;

 

(c) Department means the District of Columbia Department of Energy and Environment or a successor agency;

 

(d) Director means the Director of the Department of Energy and Environment or his or her designee;

 

(e) District-only wastes means wastes that are regulated as hazardous waste under the Hazardous Waste Management Regulations, 20 DCMR Chapters 42 and 43, but that are not considered hazardous wastes under 40 C.F.R. Part 261, Subparts C or D;

 

(f) Existing tank system or existing component means for HSWA tanks, the terms “existing tank system” or “existing component” have the meaning, given those terms in 40 C.F.R. § 260.10. For non-HSWA tanks, an “existing tank system” or “existing component” is one that is in operation, or for which installation has commenced, on or before March 1, 1996;

 

(g) HSWA means the Hazardous and Solid Waste Amendments of 1984, approved November 8, 1984 (98 Stat. 3321; 42 U.S.C. §§ 6901-6991i): (1) RCRA regulations promulgated by EPA under HSWA authorities take effect in all states at the same time, regardless of a state's authorization status; and (2) RCRA regulations promulgated by EPA under non-HSWA authorities do not take effect in EPA-authorized states until the state adopts the non-HSWA regulation;

 

(h) Resource Conservation and Recovery Act (RCRA) regulations means the regulations contained in 40 C.F.R. Parts 124, 260 through 266, 268, 270, 273, and 279; and

 

(i) Wastewater treatment unit means a device that:

 

(1) Is part of a wastewater treatment facility that is subject to regulation under either §§ 307(b) or 402 of the Clean Water Act, 33 U.S.C. §§ 1317(b) or 1342; § 7 of the District of Columbia Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code § 8-103.06 (2001 ed.)); or the District of Columbia Wastewater System Regulation Act, effective March 12, 1986, as amended (D.C. Law 6-95; D.C. Official Code §§ 8-105.01 to 8-105.15);

 

(2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in 40 C.F.R. § 261.3, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 40 C.F.R. § 261.3; and

 

(3) Meets the definition of tank or tank system in 40 C.F.R. § 260.10.

 

4260.5In 40 C.F.R. §§ 260.20 through 260.22 (general requirements for rulemaking petitions, petitions for equivalent testing or analytic methods, and petitions to amend 40 C.F.R. Part 261 to exclude a waste produced at a particular facility), the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency. Within sixty (60) days after a decision by the Administrator to grant a petition under 40 C.F.R. §§ 260.21 or 260.22, the Director shall take rulemaking action to propose the adoption of the federal regulatory amendment by reference in the District of Columbia Hazardous Waste Management Regulations.

 

4260.6Except as provided in 20 DCMR § 4260.5 for petitions for equivalent testing or analytic methods and petitions to amend 40 C.F.R. Part 261 to exclude a waste produced at a particular facility, any person may petition the Director to amend or repeal any provision in the District of Columbia Hazardous Waste Management Regulations. The following procedures shall apply to rulemaking petitions submitted to the Director:

 

(a)The petitioner shall include in the petition the information listed in 40 C.F.R. § 260.20(b); and

 

(b)In deciding whether to grant or deny the petition, the Director shall follow the procedures in 40 C.F.R. § 260.20(c) through (e), except that the Director shall publish tentative and final decisions as notices of proposed and final rulemaking in the D.C. Register.

 

4260.7In 40 C.F.R. § 260.41(a) (procedures for case-by-case regulation of hazardous waste recycling activities), the term "District of Columbia Office of Administrative Hearings" shall supplant the term "Administrator."

 

 

authority

Section 6 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1305 (2008 Repl.)); Mayor's Order 2005-70, dated April 19, 2005 (52 DCR 5495); Section 107 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2013 Repl. & 2015 Supp.)); Mayor's Order 2006-61, dated June 14, 2006; and Mayor’s Order 2015-191, dated July 23, 2015.

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 62 DCR 13808 (October 23, 2015).