4299. RESERVED

4299 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). APPENDIX TO 20 DCMR CHAPTER 42 Corrections to the RCRA Regulations Federal Regulation Correction 40 CFR § 260.10 ("active portion") The effective date of 40 CFR Part 261 is November 19, 1980. 40 CFR § 260.10 ("designated facility") The cross-reference to § 260.20 shall refer instead to § 262.20. 40 CFR § 260.10 ("inactive portion") The effective date of 40 CFR Part 261 is November 19, 1980. 40 CFR § 260.40(a) The cross-reference to § 261.6(a)(2)(iv) shall refer instead to § 261.6(a)(2)(iii) (recyclable materials from which precious metals are reclaimed). 40 CFR § 260.41 In the lead-in sentence, the cross-reference to § 261.6(a)(2)(iv) shall refer instead to § 261.6(a)(2)(iii) (recyclable materials from which precious metals are reclaimed). 40 CFR §261,1(c)(10) The cross-reference to § 261.4(a)(13) shall refer instead to § 261.4(a)(14) (shredded circuit boards being recycled). 40 CFR § 261.2(c)(3) - Table 1 In column 3, labeled "Reclamation," the term "secondary materials" shall refer instead to "spent materials." 40 CFR § 261.4(a)(17)(iii) In the parenthetical phrase in the first sentence, the term "secondary materials" shall refer instead to "spent materials.' 40 CFR § 261.4(a)(17)(iv) In the third sentence, the term "secondary materials" shall refer instead to "spent materials." 40 CFR § 261.4(a)(17)(iv)(A) The term "secondary material" shall refer instead to "spent material." 40 CFR § 261.4(a)(17)(vi) The cross-reference to paragraph (a)(7) shall refer instead to paragraph (b)(7). 40 CFR § 261.4(e)(2)(vi) The cross-reference to paragraph (e)(v)(C) shall refer instead to paragraph (e)(2)(v)(C). 40 CFR § 261.11(c) The cross-reference to § 261.5(c) shall refer instead to § 261.5(e). 40 CFR § 261.21(a)(3) The phrase "an ignitable compressed gas as defined in 49 CFR § 173.300" shall refer instead to "a flammable gas as defined in 49 CFR § 173.115(a)." 40 CFR § 261.21(a)(4) The phrase "an oxidizer as defined in 49 CFR § 173.151" shall refer instead to "an oxidizer as defined in 49 CFR § 173.127(a)," 40 CFR § 261.23(a)(8) Replace § 261.23(a)(8) with the following: "It is a forbidden explosive as defined in 49 CFR § 173.54, or would have been a Class A or Class B explosive as defined in 49 CFR §§ 173.52 and 173.53." 40 CFR § 261.38(c)(1)(i)(C)(4) In the statement to be signed and submitted by the person claiming the comparable/syngas fuel exclusion, the cross-reference to § 261.28(c)(10) shall refer instead to § 261.38(c)(10). 40 CFR Part 261, App. VII Remove the listings for K064, K065, K066, K090, and K091. 40 CFR § 264.1(g)(2) The cross-reference to Subparts C, D, F, or G of Part 266 shall refer instead to Subparts C, F, G, or H of Part 266. 40 CFR § 264.70 The cross-reference to § 264.73(b) shall refer instead to § 264.73(b)(9). Federal Regulation Correction 40 CFR § 264.99(h)(2) The cross-reference to § 264.98(h)(5) shall refer instead to § 264.98(g)(5). 40 CFR § 264.101(d) After the word "This', add the word "section." 40 CFR § 264.112(b)(8) The cross-reference to § 264,110(d) shall refer instead § 264.110(c). 40 CFR § 264.114 At the end of the first sentence, add the phrase "or in §§ 264.601 or 264.603." 40 CFR § 264.118(c) The cross-reference to § 264.188(b)(3) shall refer instead to § 264.118(b)(3). 40 CFR § 264.119(b)(1)(ii) The cross-reference to 40 CFR Subpart G shall refer instead to 40 CFR Part 264, Subpart G. 40 CFR § 264.140(d)(1) The cross-reference to § 284.110(d) shall refer instead to § 264.110(c). 40 CFR § 264.144(b) The cross-reference to § 264.145(b)(1) and (2) shall refer instead to "subparagraphs (1) and (2) of this paragraph." 40 CFR § 264,147(c) and (d) The cross-references to § 270,41(a)(5) shall refer instead to § 270.42. 40 CFR § 264.151(h)(2) In the Guarantee for Liability Coverage, the phrase "as defined in 40 CFR [either 264.141(h)]" shall mean "as defined in 40 CFR [either 264.141(h) or 265.141(h)]." 40 CFR § 264.151(/) In the first sentence, the cross-reference to "§ 264.147(h) or § 265.147(h)" shall refer instead to "§ 264,147(i) or § 265.147(i)." 40 CFR § 264.193(e)(2)(v)(A) The cross-reference to § 262.21 shall refer instead to § 261.21. 40 CFR § 264.193(e)(2)(v)(B) The cross-reference to § 262.21 shall refer instead to § 261.23. 40 CFR § 264.573(a)(4)(i) In the last sentence, the phrase "§ 264.572(a) instead of 264.572(b)" shall refer instead to "§ 264.572(b) instead of 264.572(a)." 40 CFR § 264.573(b) In the lead-in line, the phrase "§ 264.572(b) instead of § 264.572(a)" shall refer instead to "§ 264.572(a) instead of § 264.572(b)." 40 CFR § 264.1101(b)(3)(iii) The cross-reference to § 264.193(d)(1) shall refer instead to § 264.193(e)(1). 40 CFR § 264.1101(b)(4)(i) The November 16, 1992, notification deadline shall refer instead to February 18, 1993. 40 CFR § 265.1(c)(6) The cross-reference to Subparts C, D, F, or G of Part 266 shall refer instead to Subparts C, F, G, or H of Part 266. 40 CFR § 265.111(c) The cross-reference to § 264.1102 shall refer instead to § 265.1102. 40 CFR § 265.112(d)(4) The cross-reference to § 264.1102 shall refer instead to § 265.1102. 40 CFR § 265.119(b)(1)(ii) The cross-reference to 40 CFR Subpart G shall refer instead to 40 CFR Part 265, Subpart G. 40 CFR § 265.140(b) In the lead-in line, the cross-reference to § 265.146 shall refer instead to § 265.145. 40 CFR § 265.140(b)(2) The cross-reference to § 264.197 shall refer instead to § 265.197. 40 CFR § 265.145(e)(11) The cross-reference to "paragraphs (f)(1) through (9) of this section" shall refer instead to "paragraphs (e)(1) through (9) of this section", and the cross-reference to "paragraph (f)(3) of this section" shall refer instead to "paragraph (e)(3) of this section." Federal Regulation Correction 40 CFR § 265.147(b)(1) Add the following sub-subparagraphs from 47 Fed. Reg. 16544 (1982): (i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording specified in § 264.151(i). The wording of the certificate of insurance must be identical to the wording specified in § 264.151(j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of the insurance policy. (ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States. 40 CFR § 265.147(c) and (d) The cross-references to § 270.41(a)(5) shall refer instead to § 270.42. 40 CFR § 265.193(e)(2)(v)(A) The cross-reference to § 262.21 shall refer instead to § 261.21. 40 CFR § 265.193(e)(2)(v)(B) The cross-reference to § 262.21 shall refer instead to § 261.23. 40 CFR § 265.228(b)(2) The cross-reference to § 265.221(c)(2)(iv) and (3) shall refer instead to § 264.221(c)(2)(iv) and (3). 40 CFR § 265.255(b) The term "surface impoundment units" shall refer instead to "waste pile units." 40 CFR § 265.301(d)(1) The cross-reference to § 261.4 shall refer instead to § 261.24. 40 CFR § 265.302(b) The term "surface impoundment units" shall refer instead to "landfill units." 40 CFR § 265.443(a)(4)(1) The phrase "§ 265.442(a) instead of § 265.442(b)" shall refer instead to "§265.442(b) instead of § 265.442(a)." 40 CFR § 265.443(b) The phrase "§ 265.442(b) instead of § 265.442(a)" shall refer instead to "§ 265,442(a) instead of § 265.442(b)." 40 CFR § 265.1090(f)(1) The cross-reference to § 265.1084(c)(2)(i) through (c)(2)(vi) shall refer instead to § 265.1083(c)(2)(i) through (c)(2)(vi). 40 CFR § 265.1100(d) The phrase "as needed to permit fugitive dust emissions" shall mean "as needed to prevent fugitive dust emissions." 40 CFR § 265.1101(b)(3)(iii) The cross-reference to § 265.193(d)(1) shall refer instead to § 265.193(e)(1). 40 CFR § 268.7(b)(4)(ii) The cross-reference to § 261.3(e) shall refer instead to § 261.3(f). 40 CFR § 268.7(b)(6) The cross-reference to § 268.20(b) shall refer instead to § 266.20(b). 40 CFR § 268.7(d) In the lead-in line, the cross-reference to § 261.3(e) shall refer instead to § 261.3(f), Federal Regulation Correction 40 CFR § 268.7(d)(1) Add the following .sub-subparagraphs (i) through (iii) to § 268.7(d)(1), from 57 Fed. Reg. 37194 (1992): (i) The name and address of the Subtitle D facility receiving the treated waste; (ii) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s), and (iii) For debris excluded under § 261.3(f)(1) of this chapter, the technology from Table 1, § 268.45, used to treat the debris. 40 CFR § 268.50(g) Add the word "section" after the phrase The prohibition and requirements in this ...." 40 CFR § 270.1(a)(3) The cross-reference to Part 267 shall refer instead to Part 266. 40 CFR § 270.11(d)(1) After the phrase, "paragraph (a) or (b) of this", add the word "section." 40 CFR § 270.14(c)(7) The cross-reference to § 264.98(h)(5) shall refer instead to § 264.98(g)(5). 40 CFR § 270.18(b) The cross-reference to § 264.90(2) shall refer instead to § 264.90(b)(2). 40 CFR § 270.42 The cross-references throughout the regulation to § 124.10(c)(viii) and (ix) shall refer instead to § 124.10(c)(1)(ix) and (x). 40 CFR.§ 270.42(a)(1)(i) The cross-reference to §§ 270.13 through 270.21 shall refer instead to §§ 270.13 through 270.28. 40 CFR § 270.42(c)(1)(iv) The cross-reference to §§ 270.13 through 270.22 shall refer instead to §§ 270.13 through 270.28. SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).