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. § 261.23

Characteristic of reactivity

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(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

(1) It is normally unstable and readily undergoes violent change without detonating.

(2) It reacts violently with water.

(3) It forms potentially explosive mixtures with water.

(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.

(7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.

(8) It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.

(b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.

[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990; 75 FR 13002, Mar. 18, 2010]
Notes of Decisions
Cited in 6 cases, 1996–2009 · leading case: United States v. Allen Elias, 269 F.3d 1003 (9th Cir. 2001).
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United States v. Allen Elias, 269 F.3d 1003 (9th Cir. 2001). · cites it 6× “The regulation, 40 C.F.R. § 261.23 , provides as follows: A solid waste exhibits the characteristic of reactivity [and is thus hazardous waste] if a representative sample of the waste .”
Dithiocarbamate Task Force v. Env't Prot. Agency, Uniroyal Chem. Co., Inc., & Zeneca, Inc., Intervenors, 98 F.3d 1394 (D.C. Cir. 1996). · cites it 2× “5, see 40 CFR § 261.23 (a)(5)). See Comments of R.”
24 Leggett Street Ltd. P'ship v. Beacon Indus., Inc., 685 A.2d 305 (Conn. 1996). “22 [1988]), reactivity ( 40 C.F.R. § 261.23 [1988]), and toxicity ( 40 C.”
United States v. Flanagan, 126 F. Supp. 2d 1284 (C.D. Cal. 2000). “In the Indictment, Flanagan, Weber and Wilson are each charged with three counts of violating 42 U.S.C. § 6928 (d)(2)(A) (“Section 6928(d)(2)(A)”) of the Resource Conservation and Recovery Act (“RCRA”).”
United States v. Stoddard, 318 F. App'x 556 (9th Cir. 2009). “33 (2008), and red phosphorus is a characteristic waste under 40 C.F.R. § 261.23 (a)(6) (2008). The evidence presented at the time of sentencing showed that phosphine gas likely had been released or discharged in Stoddard’s garage at the time that methamphetamine was “cooked”…”
United States v. Stoddard, 318 F. App'x 556 (9th Cir. 2009). “33 (2008), and red phosphorus is a characteristic waste under 40 C.F.R. § 261.23 (a)(6) (2008). The evidence presented at the time of sentencing showed that phosphine gas likely had been released or discharged in Stoddard’s garage at the time that methamphetamine was “cooked”…”
— 40 C.F.R. § 261.23(a) — 1 case
United States v. Allen Elias, 269 F.3d 1003 (9th Cir. 2001). “The regulation, 40 C.F.R. § 261.23 , provides as follows: A solid waste exhibits the characteristic of reactivity [and is thus hazardous waste] if a representative sample of the waste .”
— 40 C.F.R. § 261.23(a)(5) — 1 case
United States v. Allen Elias, 269 F.3d 1003 (9th Cir. 2001). “The regulation, 40 C.F.R. § 261.23 , provides as follows: A solid waste exhibits the characteristic of reactivity [and is thus hazardous waste] if a representative sample of the waste .”
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