D.C. Mun. Regs. r. 20-4399

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 20-4399 - DEFINITIONS

4399.1

The terms in federal regulations that are incorporated by reference in Chapter 42 of this title shall be defined as they are in the federal regulations, unless specified otherwise in this subsection or §§ 4260 - 4279 of chapter 42 of this title.

(a) Active life - in the federal definition of the term "active life," the term "Regional Administrator" shall mean "Director"

(b) Boiler - in the federal definition of the term "boiler," the term "Regional Administrator" shall mean "Director"

(c) Existing tank system or existing component - a tank system or component that is used for the storage or treatment of hazardous waste that is in operation or for which installation commenced on or before July 14, 1986, for HSWA tanks, as defined in this subsection, or March 1, 1996, for non-HSWA tanks, as defined in this subsection.

(d) Except in those federal provisions that are not delegable by law, or that have not been delegated by EPA, to the District of Columbia, the terms "Administrator," "Assistant Administrator," "Assistant Administrator for Solid Waste and Emergency Response," "EPA Administrator," "Regional Administrator," "Regional Administrator for the Region in which the generator is located," and "State Director" shall mean "Director"

(e) The terms "United States Environmental Protection Agency," "U.S. Environmental Protection Agency," "EPA," "Agency," "EPA Headquarters," "EPA Regions," "Regional Office," "EPA Regional Office," and "appropriate Regional EPA Office" shall mean "District of Columbia Department of Energy and Environment" or "Department," except as follows:

(1) In those federal provisions that are not delegable by law, or that have not been delegated by EPA, to the District, the terms "District of Columbia Department of Energy and Environment" and "Department" shall not be substituted for the federal terms;

(2) The abbreviation "EPA," when used as an adjective in the terms "EPA Acknowledgement of Consent," "EPA form," "EPA guidance," "EPA hazardous waste number," "EPA identification number," "EPA publication," "EPA Region," "EPA test methods," or similar phrases, shall not be supplanted and shall remain as in the Code of Federal Regulations; and

(3) The terms "U.S. Environmental Protection Agency" or "Environmental Protection Agency" shall not be supplanted when it appears in a mailing or physical address;

(f) The terms "Department of Transportation" and "USDOT" shall mean the United States Department of Transportation;

(g) The term "HSWA tank" shall mean:

1) tanks owned or operated by a small quantity generator,

2) new underground tanks, or

3) tanks that cannot be entered for inspection.

(h) The term "non-HSWA tank" shall mean a tank that is not owned or operated by a small quantity generator which are either:

1) an existing underground tank, or

2) a tank that can be entered for inspection.

(i) The term "notification requirements of § 3010 of RCRA" shall mean the requirements, under § 3010 of RCRA, 42 USC § 6930, to notify the Administrator or states having an EPA-authorized RCRA Subtitle C program, including the District of Columbia, of the person's regulated waste activities (hazardous waste activities, universal waste activities, and used oil management activities). The EPA-authorized state where the activity takes place is the primary point of contact for submission of notifications;

(j) The term "RCRA permit," "permit issued under subtitle C of RCRA," or "permit issued under RCRA § 3005" shall mean a permit, as defined in 40 CFR § 270.2, issued by the Department or EPA to implement the provisions of 40 CFR Parts 270, 271, and 124, including a hazardous waste permit issued by the Department pursuant to § 4270 of chapter 42 of this title;

(k) The term "revocation and reissuance" in the federal regulation is equivalent to the "suspension" and granting of a new permit under §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 28, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1303 and 8-1309 (2001)), and the Hazardous Waste Management Regulations, chapters 42 and 43 of this title; and

(l) The term "termination" in the RCRA regulations is equivalent to the term "revocation" in §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303 and 8-1309, and the Hazardous Waste Management Regulations, chapters 42 and 43 of this title.

(m) Wastewater treatment unit means a device that:

(1) Is part of a wastewater treatment facility that is subject to regulation under either §§ 307(b) or 402 of the Clean Water Act, 33 U.S.C. §§ 1317(b) or 1342; § 7 of the District of Columbia Water Pollution Control Act of 1984, D.C. Official Code § 8103.06; or the District of Columbia Wastewater System Regulation Act, as amended, D.C. Official Code §§ 8-105.01 to 8105.15;

(2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in 40 C.F.R. § 261.3, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 40 C.F.R. § 261.3; and

(3) Meets the definition of tank or tank system in 40 C.F.R. § 260.10.

4399.2

Terms not defined in this chapter shall have the meanings ascribed in § 3 of the District of Columbia Hazardous Waste Management Act, D.C. Official Code § 8-1302; if not defined there, then terms shall have the meanings ascribed in § 2 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-901; and, if not defined there, then terms shall have the meanings ascribed in § 2 of the District of Columbia Solid Waste Facility Permit Act, D.C. Official Code § 8-1051.

4399.3

When used in this chapter and Chapter 42 of this title, the following terms have the meanings ascribed in the subsections below:

CFR - the edition of the Code of Federal Regulations in effect on the effective date of these regulations.

Department - the Department of Energy and Environment, or its successor agency.

Director - the Director of the Department of Energy and Environment, or its successor agency.

District-only wastes - wastes that are regulated as hazardous wastes under the Hazardous Waste Management Regulations, Chapters 42 and 43 of this title, but that are not considered hazardous wastes under 40 C.F.R. Part 261, Subparts C or D.

Hazardous Waste Management Regulations - Regulations adopted by the Department at Chapters 42 and 43 of this title to implement and administer the:

(a) The District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 to 8-1314;

(b) Sections 2 and 3 of the Illegal Dumping Enforcement Act of 1994, D.C. Official Code §§ 8-901 and 8-902, as they pertain to hazardous waste; and

(c) Sections 6 and 7 of the District of Columbia Solid Waste Facility Permit Act of 1995, D.C. Official §§ 8-1055 and 8-1056, as they pertain to hazardous waste.

HSWA - the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901-6991i) :

(1) RCRA regulations promulgated by EPA under HSWA authorities take effect in all states at the same time, regardless of a state's authorization status; and

(2) RCRA regulations promulgated by EPA under non-HSWA authorities do not take effect in EPA-authorized states until the state adopts the non-HSWA regulation.

Solid Waste - shall mean "solid waste" as defined in the RCRA regulations at 40 C.F.R. § 261.2.

D.C. Mun. Regs. r. 20-4399

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 60 DCR 379 (January 18, 2013); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)

Authority: Section 7 of the Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-906 (2008 Repl.)); Mayor's Order 96-160, dated October 31, 1996, as amended by Mayor's Order 2000-54, dated April 12, 2000, as amended by Mayor's Order 2006-61, dated June 14, 2006; Section 6 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1305 (2008 Repl.)); Section 2(21) of the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Official Code § 8-1051(21) (2008 Repl.)); Mayor's Order 98-53, dated April 15, 1998, as amended by Mayor's Order 2006-61, dated June 14, 2006; and Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2008 Repl.)).