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SUBCHAPTER H-UTILIZATION AND DISPOSAL
101-42.406 Abandonment or destruction of
surplus hazardous materials and certain categories of property.
PART 101-42-UTILIZATION AND
DISPOSAL OF HAZARDOUS MA-
AND CERTAIN CAT-
Subparts 101-42.5—101-42.10 [Reserved)
Subpart 101-42.11-Special Types of Haz
ardous Materials and Certain Categories of Property
Subpart 101-42.1 [Reserved]
Subpart 101-42.2-Utilization of Hazardous
Materials and certain Categories of
101-42.200 Scope of subpart.
rials. 101-42.204 Reporting requirements. 101-42.205 Exceptions to reporting. 101-42.206 Special requirements for utiliza
tion of hazardous materials and certain
categories of property. 101-42.207 Transfer of hazardous materials
and certain categories of property. 101-42.208 Custody of hazardous materials. 101-42.209 Cost of care and handling of haz
ardous materials and certain categories of property.
101-42.1100 Scope of subpart.
(FSC) groups and classes which contain
hazardous materials. 101-42.1102 Special requirements for utiliza
tion, donation, sale, and abandonment or destruction of hazardous materials and
certain categories of property. 101-42.1102-1 Asbestos. 101-42.1102–2 Polychlorinated biphenyls. 101-42.1102–3 Controlled substances. 101-42.11024 Nuclear Regulatory Commis
sion-controlled materials. 101-42.1102–5 Drugs, biologicals, and re
agents other than controlled substances. 101-42.1102–6 Noncertified and certified elec
and items bearing lead-containing paint. 101-42.1102-8 United States Munitions List
items which require demilitarization. 101-42.1102-9 Acid contaminated and explo
sive contaminated property. 101-42.1102-10 Firearms.
AUTHORITY: Sec. 205(C), 63 Stat. 390; 40 U.S.C. 486(c).
Subpart 101-42.3-Donation of Hazardous
Materials and certain Categories of
SOURCE: 57 FR 39121, Aug. 28, 1992, unless otherwise noted.
101- 42.300 Scope of subpart.
§ 101-42.000 Scope of part. 101-42.301 General.
This part prescribes the special poli101-42.302 Responsibilities for donation of hazardous materials.
cies and procedures governing the utili101-42.303 Hazardous materials distributed zation, donation, sale, exchange, or to donees by State agencies.
other disposition of hazardous mate101-42.304 Special requirements for donation rials, dangerous property, and other of certain hazardous materials.
categories of property with special uti
lization and disposal requirements, loSubpart 101-42.4-Sale, Abandonment, or
cated within the United States, the Destruction of Surplus Hazardous Ma
District of Columbia, the Commonterials and certain Categories of Prop
wealth of Puerto Rico, American erty
Samoa, Guam, the Commonwealth of 101-42.400 Scope of subpart.
the Northern Mariana Islands, the 101-42.401 Sales responsibilities for hazard- Trust Territory of the Pacific Islands, ous materials.
and the Virgin Islands. 101-42.402 Reporting hazardous materials for sale.
§ 101-42.001 Definitions of terms. 101-42.403 Sales methods and procedures. 101-42.404 Special requirements for the sale
For the purposes of this part 101-42, of hazardous materials.
the following terms shall have the 101-42.405 Transportation of hazardous ma- meaning set forth below: terials.
Acid contaminated property means property that may cause burns or toxicosis when improperly handled due to acid residues adhering to or trapped within the material.
Biologicals means hazardous materials which are of or pertain to the products and operations of applied biology, or any biochemical products, especially serums, vaccines, etc., produced from microorganisms.
Certified electronic product means any electronic product which bears the manufacturer's certification label or tag (21 CFR 1010.2) indicating that the product meets applicable radiation safety performance standards prescribed by the Food and Drug Administration under 21 CFR part 1020.
Controlled substances means:
(a) Any narcotic, depressant, stimulant, or hallucinogenic drug, or any other drug, other substance, or immediate precursor included in Schedules I, II, III, IV, or V of section 202 of the Controlled Substance Act (21 U.S.C. 812) except exempt chemical preparations and mixtures, and excluded substances listed in 21 CFR part 1308;
(b) Any other drug or substance that the Attorney General determines to be subject to control pursuant to Subchapter I of the Controlled Substance Act (21 U.S.C. 801 et seq.); or
(c) Any other drug or substance that by international treaty, convention, or protocol is to be controlled by the United States.
Explosive contaminated property means property that may ignite or explode when exposed to shock, flame, sparks, or other high temperature sources due to residual explosive material in joints, angles, cracks, or around bolts.
Extremely hazardous material means:
(a) Those materials which are hazardous to the extent that they generally require special handling such as licensing and training of handlers, protective clothing, and special containers and storage.
(b) Those materials which, because of their extreme flammability, toxicity, corrosivity or other perilous qualities, could constitute an immediate danger or threat to life and property and which usually have specialized uses under controlled conditions.
(c) Those materials which have been determined by the holding agency to endanger public health or safety or the environment if not rendered innocuous before release to other agencies or to the general public.
Firearms means any weapons (including flare and starter guns) which will, or are designed to, or may be readily converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapons, or any muffler or silencer for such purposes. For purposes of this part 101-42, firearms are considered to be dangerous property.
Hazardous material means property that is deemed a hazardous material, chemical substance or mixture, or hazardous waste under the Hazardous Materials Transportation Act (HMTA), the Resource Conservation and Recovery Act (RCRA), or the Toxic Substances Control Act (TSCA). Generally, hazardous materials have one or more of the following characteristics:
(a) Has a flash point below 200 F (93.3 C), closed cup, or is subject to spontaneous heating;
(b) is subject to polymerization with the release of large amounts of energy when handled, stored, or shipped without adequate controls;
(c) In the course of normal operations, may produce fibers, dusts, gases, fumes, vapors, mists, or smokes which have one or more of the following characteristics:
(1) Causes 50 percent fatalities to test animals below 500 mg/kg of test animal weight when a single oral dose LD50 is used;
(2) Is a flammable solid or a strong oxidizing or reducing agent;
(3) Causes first degree burns to skin in a short time exposure, or is systematically toxic by skin contact;
(4) Has a permissible exposure limit (PEL) below 1000 p/m for gases and vapors, below 500 mg/mm3 for fumes, below 30 mmppcf (10 mg/m3), or 2 fibers/ CM3 for dust;
(5) Causes occupational chemical dermatitis, which is any abnormality of the skin induced or aggravated by the work environment which includes but is not limited to primary irritant categories, allergic sensitizers, and photo sensitizers;
(d) Is radioactive to the extent it requires special handling;
(e) Is a recognized carcinogen according to Occupational Safety and Health Administration regulations at 29 CFR part 1910; or
(1) Possesses special characteristics which in the opinion of the holding agency could be hazardous to health, safety, or the environment if improperly handled, stored, transported, disposed of, or otherwise improperly used.
Hazardous waste means those materials or substances, the handling and disposal of which are governed by 40 CFR part 261.
(a) In general, hazardous materials are hazardous wastes when one or both of the following is true:
(1) They have passed through the disposal cycle without having successfully been reutilized, transferred, donated, or sold, and the holding agency declares an intent to discard.
(2) They are no longer usable for their intended purpose, a valid alternate purpose, or resource recovery.
(b) In general, solid (non-hazardous) wastes, as defined at 40 CFR 261.2, become hazardous wastes when:
(1) They exhibit one or more of the characteristics of ignitability, corrosivity, reactivity, or EP toxicity; or
(2) They are predetermined hazardous wastes upon generation as listed in 40 CFR part 261, subpart D.
(c) Hazardous materials having an expired shelf life shall be reclassified as hazardous wastes if required by Federal and/or State environmental laws or regulations. Before such reclassification, the shelf life may be extended if supported by results of tests and recertification performed by authorized personnel in accordance with applicable regulations.
(d) The transportation of hazardous wastes is governed by the regulations issued by the Department of Transportation, codified in 49 CFR part 171 et seg.
Lead-containing paint means paint or other similar surface coating material that contains lead or lead compounds in excess of 0.06 percent of the weight of the total nonvolatile content of the paint or the weight of the dried paint film.
Noncertified electronic product means any electronic product for which there is an applicable radiation safety performance standard prescribed or hereafter prescribed by the Food and Drug Administration (FDA) under 21 CFR part 1020, and which the manufacturer has not certified as meeting such standard. The noncertification may be due to either (a) manufacture of the product before the effective date of the standard or (b) the product was exempted from the applicable standard and is so labeled.
Nuclear Regulatory Commission-controlled materials means those materials the possession, use, and transfer of which are subject to the regulatory controls of the Nuclear Regulatory Commission (NRC) pursuant to the Energy Reorganization Act of 1974. The materials are defined as follows:
(a) Byproduct materials means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (See 10 CFR part 30.)
(b) Source material means uranium or thorium, or any combination thereof, in any physical or chemical form, or ores which contain by weight onetwentieth of one percent (0.05%) or more of uranium, thoriuni, or any combination thereof. Source material does not include special nuclear material. (See 10 CFR part 40.)
(c) Special nuclear material means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, any other materials which the NRC, pursuant to the Atomic Energy Act of 1954 (68 Stat. 919), including any amendments thereto, determines to be special nuclear material, or any material artificially enriched by any of the foregoing, but does not include source material. (See 10 CFR part 70.)
Reagent means any hazardous material which is used to detect or measure another substance or to convert one substance into another by means of the reactions it causes.
§ 101-42.002 Requests for deviations.
Deviations from the regulations in this part shall only be granted by the Administrator of General Services (or