(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:
(1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 of this chapter.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F) as determined by Method 1110A in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, and as incorporated by reference in § 260.11 of this chapter.
(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993; 70 FR 34561, June 14, 2005]
Notes of Decisions
Howmet Corp. v. Env't Prot. Agency, 614 F.3d 544 (D.C. Cir. 2010).
· cites it 4× “See 40 C.F.R. § 261.22 . Typically, Howmet accumulates the used KOH in storage tanks at an authorized hazardous waste disposal facility.”
United States v. WCI Steel, Inc., 72 F. Supp. 2d 810 (N.D. Ohio 1999).
· cites it 10× “As explained in further detail below, under 40 C.F.R. § 261.22 and O.A.C. § 3745-51-22, a waste is corrosive if it is aqueous and has a pH of 2.”
Imperial Distrib. Servs., Inc. v. Forrest, 741 P.2d 1251 (Colo. 1987).
· cites it 2× “The chemicals also have been designated as hazardous wastes under the corrosivity standard of the Environmental Protection Agency's hazardous waste regulations, 40 C.F.R. § 261.22 (a)(1) (1980), implementing the Resource Conservation and Recovery Act (RCRA), 42 U.”
In Re Wall Tube & Metal Prods. Co., 831 F.2d 118 (6th Cir. 1987).
“uant to Section 1321(b)(2)(A) of Title 33, (B) any element, compound, mixture, solution, or substances designated pursuant to Section 9602 of this title, (C) any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste…”
Pub. Employees for Env't Responsibility v. EPA, 77 F.4th 899 (D.C. Cir. 2023).
· cites it 5× “See 40 C.F.R. § 261.22 . The EPA has construed “corrosive” to mean “the property that makes a substance capable of dissolving material with which it comes in contact.”
United States v. Vertac Chem. Corp., 671 F. Supp. 595 (E.D. Ark. 1987).
“Accordingly, these wastes are listed as F020 and F023 acutely hazardous wastes under sections 1004(5) and 3001 of RCRA, 42 U.S.C. §§ 6903 (5) and 6921, and 40 C.”
United States v. Conservation Chem. Co. of Illinois, 733 F. Supp. 1215 (N.D. Ind. 1989).
“1-5-3(a)(1); 40 C.F.R. § 261.22 (a)(1). Thus, the material in Basin 19 was demonstrated on at least one occasion to have met the requirement for being hazardous, even if classified as “characteristic” waste.”
New York v. PVS Chemicals, Inc., 50 F. Supp. 2d 171 (W.D.N.Y. 1998).
“Defendant cites 40 C.F.R. § 261.22 (a)(1), which provides: A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste .”
United States v. Spain, 591 F. Supp. 2d 970 (N.D. Ill. 2008).
“40 C.F.R. § 261.22 . 3 Material qualified as a hazardous waste qualifies as a pollutant.”
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