(a) The Administrator shall identify and define a characteristic of hazardous waste in subpart C only upon determining that:
(1) A solid waste that exhibits the characteristic may:
(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or
(ii) Reasonably detected by generators of solid waste through their knowledge of their waste.
(b) [Reserved]
Notes of Decisions
United States v. Allegan Metal Finishing Co., 696 F. Supp. 275 (W.D. Mich. 1988).
· cites it 4× “are more properly characterized as ‘surface im-poundments,’ the definition of which expressly includes holding ponds” (Defendant’s Motion for Immediate Consideration at 4-5), when it previously denied plaintiff’s Request to Admit which states: “Al-legan’s on-site holding ponds…”
Shell Oil Co. v. Env't Prot. Agency, 950 F.2d 741 (D.C. Cir. 1992).
“33,121 ( 40 C.F.R. §§ 261.10 -.il). Thus the EPA compiled a list of toxic constituents as a starting point and required that a waste be listed as hazardous if it (1) exhibits one of the four characteristics of hazardous waste identified in Subpart C of the regulations…”
Marine Shale Processors, Inc. v. United States Env't Prot. Agency, 81 F.3d 1371 (5th Cir. 1996).
“In the face of this legal history, regulatory language, and factual evidence, we cannot fault EPA’s choice to rely on common commercial specifications to define the term “aggregate kiln” in 40 C.F.R. § 261.10 . We also find nothing wrong with EPA’s decision to consider LaDOT…”
Pub. Employees for Env't Responsibility v. EPA, 77 F.4th 899 (D.C. Cir. 2023).
“4 render a substance hazardous, see 40 C.F.R. §§ 261.10 , 261.20–.24. The 1980 rules “identified four characteristics of hazardous wastes: ignitability, corrosivity, reactivity[,] and .”
Dickerson, Inc. v. Holloway, 685 F. Supp. 1555 (M.D. Fla. 1987).
“any person may commence a civil action against (1) any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of this chapter or…”
Opinion No. (1983) (Mo. Att'y Gen. 1983).
“In addition, as in 40 CFR 261.10 , section (1) of 10 CSR 25-4.”
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