Transporter means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A "treatability study" is not a means to commercially treat or dispose of hazardous waste.

Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

Treatment zone means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.

Underground injection means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also "injection well".)

Underground tank means a device meeting the definition of "tank" in § 260.10 whose entire surface area is totally below the surface of and covered by the ground.

Unfit-for use tank system means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous

waste without posing a threat of release of hazardous waste to the environment.

Unsaturated zone or zone of aeration means the zone between the land surface and the water table.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wastewater treatment unit means a device which:

(1) Is part of a wastewater treatment facility that is subject to regulation under either section 402 or 307(b) of the Clean Water Act; and

(2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in § 261.3 of this chapter, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in § 261.3 of this chapter, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in § 261.3 of this Chapter; and

(3) Meets the definition of tank or tank system in § 260.10 of this chapter.

Water (bulk shipment) means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.

Well means any shaft or pit lug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.

Well injection: (See “underground injection".)

Zone of engineering control means an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release

of hazardous waste or hazardous constituents to ground water or surface water.

[45 FR 33073, May 19, 1980]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 260.10, see the List of CFR Sections Affected in the Finding Aids section of this volume.

EFFECTIVE DATE NOTE: At 57 FR 3485, Jan. 29, 1992, § 260.10 was amended by adding the definition of "Replacement unit" and revising the definition of "sump" effective July 29, 1992. For the convenience of the user, the superseded text appears as follows:

"ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester," ASTM Standard D-3278-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

"ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester," ASTM Standard D-93-79 or D-93-80. D93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM Standard D 1946-82, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

"ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method)," ASTM Standard D 2382-83, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

"ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quanti

tative Analysis," ASTM Standard E 16987, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

"ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM Standard E 168-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

"ASTM Standard Practice for Packed Column Gas Chromatography," ASTM Standard E 260-85, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," ASTM Standard D 2267-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. "ASTM Standard Test Method for Vapor Pressure-Temperature_Relationship and Initial Decomposition Temperature of Liquids by Isoteriscope," ASTM Standard D 2879-86, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

"APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA-450/281-005, December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. "Flammable and Combustible Liquids Code" (1977 or 1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210.

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 [Second Edition, 1982 as amended by Update I (April 1984), and Update II (April 1985). The Second Edition of SW-846 and Updates I and II are available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4600. The document number is PB87120-291 and the cost is $48.95 for paper copies and $13.50 for microfiche.

"U.S. EPA, Screening Procedures for Estimating the Air Quality Impact of Stationary Sources", August 1988, Available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4600. The document number is PB89-159-396.

The following 47 analytical testing methods are contained in the Third Edition of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA Publication SW-846 (November 1986) and its Revision I (December 1987), which are available for the cost of $110.00 from the Gov

ernment Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 783-3238 (document number 955-001-00000-1): 1 1

0010 Modified Method 5 Sampling Train 0020 Source Assessment Sampling System (SASS)

0030 Volatile Organic Sampling Train 1320 Multiple Extraction Procedure 1330 Extraction Procedure for Oily Wastes 3611 Alumina Column Cleanup and Separation of Petroleum Wastes

5040 Protocol for Analysis of Sorbent Cartridges from Volatile Organic Sampling Train

6010 Inductively Coupled Plasma Atomic Emission Spectroscopy

7090 Beryllium (AA, Direct Aspiration) 7091 Beryllium (AA, Furnace Technique) 7198 Chromium, Hexavalent (Differential Pulse Polarography)

7210 Copper (AA, Direct Aspiration) 7211 Copper (AA, Furnace Technique) 7380 Iron (AA, Direct Aspiration) 7381 Iron (AA, Furnace Technique) 7460 Manganese (AA, Direct Aspiration) 7461 Manganese (AA, Furnace Technique) 7550 Osmium (AA, Direct Aspiration) 7770 Sodium (AA, Direct Aspiration) 7840 Thallium (AA, Direct Aspiration) 7841 Thallium (AA, Furnace Technique) 7910 Vanadium (AA, Direct Aspiration) 7911 Vanadium (AA, Furnace Technique) 7950 Zinc (AA, Direct Aspiration) 7951 Zinc (AA, Furnace Technique) 9022 Total Organic Halides (TOX) by Neutron Activation Analysis 9035 Sulfate (Colorimetric,

Automated,

Automated,

(Spectrophotometric,

9310 Gross Alpha and Gross Beta
9315 Alpha-Emitting Radium Isotopes
9320 Radium-228

*When Method 9066 is used it must be preceded by the manual distillation specified in procedure 7.1 of Method 9065. Just prior to distillation in Method 9065, adjust the sulfuric acid-preserved sample to pH 4 with 19 NaOH. After the manual distillation is completed, the autoanalyzer manifold is simplified by connecting the resample line directly to the sampler.

(b) The references listed in paragraph (a) of this section are also available for inspection at the Office of the Federal Register, 1100 L Street, NW., Washington, DC 20408. These incorporations by reference were approved by the Director of the Federal Register. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the FEDERAL REGISTER.

[46 FR 35247, July 7, 1981, as amended at 50 FR 18374, Apr. 30, 1985; 52 FR 8073, Mar. 16, 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, Sept. 29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR 25493, June 21, 1990; 56 FR 7206, Feb. 21, 1991]

265. Section 260.22 sets forth additional requirements for petitions to exclude a waste at a particular facility from § 261.3 of this chapter or the lists of hazardous wastes in subpart D of part 261.

(b) Each petition must be submitted to the Administrator by certified mail and must include:

(1) The petitioner's name and address;

(2) A statement of the petitioner's interest in the proposed action;

(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and

(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

(c) The Administrator will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, in the FEDERAL REGISTER for written public comment.

(d) Upon the written request of any interested person, the Administrator may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The Administrator may in any case decide on his own motion to hold an informal public hearing.

(e) After evaluating all public comments the Administrator will make a final decision by publishing in the FEDERAL REGISTER a regulatory amendment or a denial of the petition.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]

§ 260.21 Petitions for equivalent testing or analytical methods.

(a) Any person seeking to add a testing or analytical method to part 261, 264, or 265 of this chapter may petition for a regulatory amendment under this section and § 260.20. To be successful, the person must demonstrate to the satisfaction of the Administrator that the proposed method

is equal to or superior to the corresponding method prescribed in part 261, 264, or 265 of this chapter, in terms of its sensitivity, accuracy, and precision (i.e., reproducibility).

(b) Each petition must include, in addition to the information required by § 260.20(b):

(1) A full description of the proposed method, including all procedural steps and equipment used in the method;

(2) A description of the types of wastes or waste matrices for which the proposed method may be used;

(3) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in part 261, 264, or 265 of this chapter;

(4) An assessment of any factors which may interfere with, or limit the use of, the proposed method; and

(5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method.

(c) After receiving a petition for an equivalent method, the Administrator may request any additional information on the proposed method which he may reasonably require to evaluate the method.

(d) If the Administrator amends the regulations to permit use of a new testing method, the method will be incorporated in "Test Methods for the Evaluation of Solid Waste: Physical/ Chemical Methods," SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington, DC 20460.

[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984]

§ 260.22 Petitions to amend part 261 to exIclude a waste produced at a particular facility.

(a) Any person seeking to exclude a waste at a particular generating facility from the lists in subpart D of part 261 may petition for a regulatory amendment under this section and § 260.20. To be successful:

(1) The petitioner must demonstrate to the satisfaction of the Administrator that the waste produced by a particular generating facility does not