C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart C—Characteristics of Hazardous Waste

40 C.F.R. § 261.20

General

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(a) A solid waste, as defined in § 261.2, which is not excluded from regulation as a hazardous waste under § 261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart.

[Comment: § 262.11 of this chapter sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this subpart]

(b) A hazardous waste which is identified by a characteristic in this subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this subpart. This number must be used in complying with the notification requirements of section 3010 of the Act and all applicable recordkeeping and reporting requirements under parts 262 through 265, 268, and 270 of this chapter.

(c) For purposes of this subpart, the Administrator will consider a sample obtained using any of the applicable sampling methods specified in appendix I to be a representative sample within the meaning of part 260 of this chapter.

[Comment: Since the appendix I sampling methods are not being formally adopted by the Administrator, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in §§ 260.20 and 260.21.][45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]
Notes of Decisions
Cited in 25 cases, 1989–2009 · leading case: United States v. Alcan Aluminum Corp., 964 F.2d 252 (3rd Cir. 1992).
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United States v. Alcan Aluminum Corp., 964 F.2d 252 (3rd Cir. 1992). · cites it 3× “4(b), is a hazardous substance under section 101(14) of the Act if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24. (emphasis supplied).”
United States v. Cunningham, 194 F.3d 1186 (11th Cir. 1999). · cites it 2× “First, they suspected that RD-344 might be a “characteristic waste” under 40 C.F.R. § 261.20 -.24. 1 Second, they suspected that it might be a “listed waste” under 40 C.”
City of New York v. Exxon Corp., 766 F. Supp. 177 (S.D.N.Y. 1991). · cites it 2× “4(b), is a hazardous substance under section 101(14) of the Act if it exhibits any of the characteristics identified in 40 C.F.R. 261.20 through 261.24. 40 C.F.R.”
City of New York v. Exxon Corp., 744 F. Supp. 474 (S.D.N.Y. 1990). · cites it 2× “-4(b), is a hazardous substance under section 101(14) of the Act if it exhibits any of the characteristics identified in 40 C.F.R. 261.20 through 261.24. 40 C.F.R.”
State Ex Rel. Webster v. Missouri Resource Recovery, Inc., 825 S.W.2d 916 (Mo. Ct. App. 1992). · cites it 2× “40 CFR § 261.20 . The soil taken from the pits where the barrels were buried was ignitable.”
Nat. Resources Def. Council, Inc. v. United States Env't Prot. Agency, Edison Elec. Inst., Intervenors, 25 F.3d 1063 (D.C. Cir. 1994). “See 40 C.F.R. § 261.20 - 24. Any solid waste exhibiting one or more of these characteristics is automatically deemed a “hazardous waste” subject to Subtitle C of the RCRA even if it is not a “listed” waste.”
24 Leggett Street Ltd. P'ship v. Beacon Indus., Inc., 685 A.2d 305 (Conn. 1996). “4 (b) (1988) and which exhibit the characteristics identified in 40 C.F.R. §§ 261.20 through 261.24 (1988).”
Chatham Steel Corp. v. Brown, 858 F. Supp. 1130 (N.D. Fla. 1994). “See 40 C.F.R. § 261.20 -.24 (1993). Likewise, spent lead-acid batteries are deemed hazardous waste under RCRA.”
Kelley v. Thomas Solvent Co., 727 F. Supp. 1532 (W.D. Mich. 1989). “§ 9601 (14)(C) and 40 C.F.R. § 261.20 et seq. 11 . Under CERCLA, actions for contribution are permitted among parties who have been jointly and severally liable.”
Gen. Elec. Co. v. Litton Bus. Sys., Inc., 715 F. Supp. 949 (W.D. Mo. 1989). “40 C.F.R. § 261.20 (7/1/86 edition). Subpart (d) contains lists of hazardous wastes.”
Basel Action Network v. Mar. Admin., 370 F. Supp. 2d 57 (D.D.C. 2005). “See 40 C.F.R. §§ 261.20 through 261.24 (Part 261, Subpart C) (so-called “characteristic wastes”).”
Hernandez v. Esso Stand. Oil Co.(Puerto Rico), 599 F. Supp. 2d 175 (D.P.R. 2009). “30 , or unless the waste exhibits any of the characteristics identified in 40 C.F.R. §§ 261.20 through 261.24: ignitability, corrosivity, reactivity, or toxicity.”
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