HazMat Code & Practice

40 CFR Summary for Businesses that Work with or Emit Hazardous Materials 

By Brandon C. Miller 

This document will summarize various sections of the 40 CFR, with special emphasis on the following sections (ChatGPT was used for this introduction): 

40 CFR Part 60 (NSPS) – Air emission standards for new or modified facilities. Important for equipment like boilers, tanks, compressors, flares, and engines. 

40 CFR Part 61 (NESHAP) – Regulates emissions of hazardous air pollutants such as asbestos, benzene, and mercury. 

40 CFR Part 63 (MACT standards) – One of the most important regulations for industrial facilities that emit hazardous air pollutants. 

40 CFR Part 112 (SPCC) – Oil spill prevention requirements for facilities storing significant quantities of oil. 

40 CFR Part 122 – Water discharge permits under the Clean Water Act. 

40 CFR Parts 260–279 (RCRA) – Covers hazardous waste identification, storage, labeling, accumulation time limits, manifests, transportation, treatment, and disposal. 

40 CFR Part 302 – Lists hazardous substances and when releases must be reported. 

40 CFR Part 355 – Emergency planning and release notification requirements under EPCRA. 

40 CFR Part 370 – Tier II chemical inventory reporting requirements. 

40 CFR Part 372 (TRI) – Annual reporting of toxic chemical releases for qualifying facilities. 

Summary 

Chapter I  Part 1 

• The EPA “permits coordinated and effective governmental action to assure the protection of the environment by abating and controlling pollution on a systematic basis”. (ecfr.gov) 

• Additional details are given about the agency. 

Chapter I  Part 2 

• “Dictates how the Environmental Protection Agency (EPA) manages public information, processes Freedom of Information Act (FOIA) requests, and safeguards confidential business information.” (Google AI) 

• “Requesters must submit all requests for records from EPA under the FOIA in writing and by one of the (methods listed)”. (ecfr.gov) 

• “All records created by EPA on or after November 1, 1996, which the FOIA requires an agency to make regularly available for public inspection and copying, will be made available electronically through (http://www.epa.gov)”. (ecfr.gov) 

• 2.108 discusses appeals of adverse determinations (if the EPA makes a negative determination about your business, it explains how to appeal it.) 

Chapter I  Part 3 

• “It governs how regulated entities, states, tribes, and local governments can submit electronic documents to the EPA to satisfy Title 40 federal environmental reporting requirements.” (Google AI) 

Chapter I  Part 4 

• Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 

Chapter I  Part 5 

• Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. 

Chapter I  Part 6 

• “Explains how the U.S. Environmental Protection Agency complies with the National Environmental Policy Act by evaluating the environmental impacts of certain EPA actions before they are approved. It establishes the procedures for preparing environmental reviews, such as Environmental Assessments (EAs) and Environmental Impact Statements (EISs), and, when applicable, for considering environmental effects outside the United States.” (ChatGPT) 

Chapter I  Part 7 

• Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency. 

Chapter I  Part 8 

• Environmental Impact Assessment of Nongovernmental Activities in Antarctica. 

Chapter I  Part 9 

• “Tells you which EPA rules require businesses or individuals to keep records, submit reports, or provide other information, and it lists the corresponding OMB approval numbers.” (Chat GPT) 

Chapter I  Part 10 

• “Explains how someone can file an administrative claim against the EPA if they believe they suffered personal injury, property damage, or wrongful death because of the negligent or wrongful act of an EPA employee acting within the scope of their employment.” (ChatGPT) 

Chapter I  Part 11 

• “It governs the handling, classification, and declassification of national security information and material within the agency.” (Google AI) 

Chapter I  Part 12 

• Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Environmental Protection Agency 

Chapter I  Part 13 

• “This regulation covers EPA’s collection, compromise, suspension, termination, and referral of debts.” (ecfr.gov) 

Chapter I  Part 14 

• Regulations “to settle and pay claims of EPA employees for damage to or loss of their personal property which was incident to service.” (ecfr.gov) 

Chapter I  Part 16 

• Establishes EPA “policies and procedures that permit individuals to obtain access to and request amendment or correction of information about themselves that is maintained in Agency systems of records.” (ecfr.gov) 

Chapter I  Part 17 

• “An eligible party may receive an award for attorney’s fees and other expenses when it prevails over EPA in an adversary adjudication before EPA unless EPA’s position as a party to the proceeding was substantially justified or special circumstances make an award unjust.” (ecfr.gov) 

Chapter I  Part 18 

• Environmental Protection Research Fellowships and Special Research Consultants for Environmental Protection 

Chapter I  Part 19 

• Adjustment of Civil Monetary Penalties for Inflation 

Chapter I  Part 20 

• “It establishes the procedures and criteria the EPA Administrator uses to certify water and air pollution control facilities for federal tax benefits, specifically amortization under Section 169 of the Internal Revenue Code.” (Google AI) 

Chapter I  Part 21 

• “Additions to or alterations in the equipment, facilities (including the construction of pretreatment facilities and interceptor sewers), or methods of operations of small business concerns are necessary and adequate to comply with requirements established under the Federal Water Pollution Control Act, 33 U.S.C. 1151, et seq.” (ecfr.gov) 

Chapter I  Part 22 

• “Contains the EPA’s Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits. It outlines the exact legal framework, timelines, and procedures the Environmental Protection Agency uses for administrative hearings and enforcement actions.” (Google AI) 

Chapter I  Part 23 

• “Establishes the legal framework and specific timestamps for filing judicial review petitions regarding actions taken by the Environmental Protection Agency (EPA) under its administered statutes.” “It defines the exact timelines and geographical rules for filing petitions to challenge environmental regulations” (Google AI) 

Chapter I  Part 24 

• Rules Governing Issuance of and Administrative Hearings on Interim Status Corrective Action Orders 

Chapter I  Part 25 

• “Establishes the minimum requirements for public participation in programs under the Resource Conservation and Recovery Act, the Safe Drinking Water Act, and the Clean Water Act. It mandates how the EPA and state, interstate, and substate agencies must consult, inform, and involve the public.” (Google AI) 

Chapter I  Part 26 

• Protection of Human Subjects: “It establishes the ethical standards, requirements for Institutional Review Boards (IRBs), and strict prohibitions for conducting or supporting human research.” (Google AI) 

Chapter I  Part 27 

• “Civil penalties and assessments on individuals who submit false, fictitious, or fraudulent claims or statements” (Google AI) 

Chapter I  Part 29 

• “Requires the EPA to notify and consult with state, regional, and local officials regarding proposed federal financial assistance and direct federal development.” (Google AI) 

Chapter I  Part 33 

• “Ensure the participation of Disadvantaged Business Enterprises (DBEs), including Minority and Women-owned Business Enterprises (MBEs/WBEs), in EPA financial assistance programs. It establishes contracting goals and outlines requirements for contractors receiving EPA funds.” (Google AI) 

Chapter I  Part 34 

• New restrictions on lobbying 

Chapter I  Part 35 

• “the EPA’s policies and procedures for awarding financial and credit assistance to state, interstate, and local agencies, as well as Indian Tribes.” (Google AI) 

Chapter I Part 40 

• Research and Demonstration Grants 

Chapter I Part 45 

• “It establishes the policies and procedures the EPA uses to award grants and cooperative agreements for occupational and professional training in environmental protection.” (Google AI) 

Chapter I Part 46 

• Fellowships (education and research grants) (Google AI) 

Chapter I Part 47 

• National Environmental Education Act Grants 

Chapter I Part 49 

• Indian Country Air Quality Planning and Management 

Chapter I Part 50 

• “Establishes the National Ambient Air Quality Standards (NAAQS) for the six principal “criteria” air pollutants: ozone, particulate matter, carbon monoxide, nitrogen dioxide, sulfur dioxide, and lead. It defines the maximum allowable concentration of these pollutants in the outdoor air to protect public health and the environment.” 

• “Air quality is measured at thousands of specific state and local monitoring stations using standardized Reference Methods and Equivalent Methods established by the EPA in the appendices of Part 50. Measurements are continuously tracked and mathematically aggregated over specific averaging times (e.g., hourly, 8-hour, 24-hour, or annual) to yield a “design value” for an area.” 

• “These standards are not applied directly to individual facilities, but are instead used by the EPA to designate regions as either in “attainment” (meeting limits) or “nonattainment” (violating limits). States then translate these ambient air goals into enforceable, facility-specific emission limits through state implementation plans (SIPs) and operating permits.” 

• “Businesses must obtain Clean Air Act (Title V) operating permits from state agencies that dictate their maximum individual emission levels.” 

• “In heavily polluted or “nonattainment” areas, businesses expanding or building new facilities are required to install the Lowest Achievable Emission Rate (LAER) technology and offset their emissions by purchasing credits.” 

• “If an individual business’s emissions directly violate their permitted levels or rules (e.g., tampering with vehicular emission controls), they face strict civil or criminal penalties, such as substantial fines or administrative compliance orders” (Google AI was used for this section)[Text Wrapping Break][Text Wrapping Break]Chapter I Part 51 

• Outlines the federal rules that states must follow to develop, implement, and submit their State Implementation Plans (SIPs). These plans are mandated under the Clean Air Act to attain and maintain National Ambient Air Quality Standards (NAAQS). (Google AI) 

Chapter I Part 52 

• “Approval and promulgation of implementation plans.contains the EPA’s official approvals, disapprovals, and partial promulgations of state-level air quality regulations.”  

• It contains “State-specific sections (e.g., Subpart V is Maryland, Subpart F is California) detailing exactly which state rules the EPA has approved or replaced.” (Google AI was used for this section) 

Chapter I Part 53 

• “Ensures that equipment used to monitor compliance with the National Ambient Air Quality Standards (NAAQS) meets strict quality and performance standards.” (Google AI) 

Chapter I Part 54 

• “outlines the mandatory procedures and waiting periods individuals must follow before suing the EPA Administrator or alleged polluters for violating emission standards.” “This regulation requires that before filing a lawsuit, you must provide formal written notice to the involved parties by certified mail.” The purpose is “To give the EPA, state agencies, and alleged violators advanced notice of legal action to potentially correct the issue without the need for court intervention.” (Google AI) 

Chapter I Part 55 

• “These regulations enforce the Clean Air Act by controlling air pollution from OCS sources (such as offshore oil and gas platforms) to meet Federal and State ambient air quality standards.” (Google AI) 

Chapter I Part 56 

• “It mandates that all EPA Regional Offices apply air pollution criteria, procedures, and policies fairly and uniformly across the United States.” (Google AI) 

Chapter I Part 57 

• “These orders allow eligible primary nonferrous smelters (such as copper, zinc, lead, or aluminum processors) to delay compliance with certain Clean Air Act requirements under specific conditions” (Google AI) 

Chapter I Part 58 

• “It governs how state and local governments measure and report outdoor air pollution to ensure compliance with the National Ambient Air Quality Standards (NAAQS).” (Google AI) 

Chapter I Part 59 

• Sets VOC limits for paints, primers, and clear coats used in the auto industry; products like hairspray, cleaners, and adhesives; paint and coatings applied to buildings; aerosol sprays; and gas cans. (Google AI) 

Chapter I Part 60 

• “If you work in environmental compliance, 40 CFR Part 60 is one of the most important EPA regulations to understand. It contains the New Source Performance Standards (NSPS), which establish federal air emission standards for specific categories of stationary sources such as boilers, generators, refineries, landfills, storage tanks, compressors, flares, engines, asphalt plants, chemical facilities, and manufacturing plants. It applies to many facilities that are newly built, reconstructed, or modified.  

• The goal is to reduce air pollution by requiring modern pollution control technology and operating practices for new or modified emission sources. The standards are authorized under Section 111 of the Clean Air Act.  

• Part 60 generally applies if your facility: Constructs a new emission source, reconstructs an existing source, modifies equipment in a way that increases emissions, or falls into an industry covered by an NSPS subpart. Existing facilities may be exempt unless they undergo a qualifying modification or reconstruction. 

• Examples include: Power plants, Industrial boilers, Emergency generators, Petroleum refineries, Bulk gasoline terminals, Asphalt plants, Municipal landfills, Chemical manufacturing, Grain elevators, Metal fabrication, Storage tanks, Cement plants, Glass manufacturing, Incinerators, Steel mills
• Nearly every affected facility must: Determine whether the rule applies, Notify EPA or the delegated state agency before startup, Conduct initial performance testing, Install required monitoring equipment, Keep operating and maintenance records, Submit required reports, Maintain pollution control equipment, Allow inspections, and retain records for the required period (commonly at least two years under the general provisions, though many subparts require longer).  

• Facilities often must perform: Stack tests, Opacity testing, Continuous emissions monitoring (CEMS), if required, Control device efficiency testing, and leak detection where applicable. The initial test demonstrates compliance before routine operation, and some sources require ongoing monitoring. 

• Companies may need to notify regulators when: Construction begins, Startup occurs, Performance testing is scheduled, Modifications occur, Shutdowns or malfunctions require reporting (where applicable)
• Typical records include: Operating hours, Fuel usage, Production rates, Maintenance, Calibration records, Monitoring data, Malfunctions, Deviations, Test results, Inspection logs 

• Reports may include: Initial notifications, Performance test reports, Excess emissions reports, Periodic compliance reports, Electronic reporting when required 

• Depending on the subpart, facilities may monitor: NOx, SO₂, Particulate matter, VOCs, Carbon monoxide, Opacity, Temperature, Pressure, Flow rates, Visible emissions, Common pollutants regulated, Particulate Matter (PM), Sulfur Dioxide (SO₂), Nitrogen Oxides (NOₓ), Carbon Monoxide (CO), Volatile Organic Compounds (VOCs), Lead, Fluorides, Acid gases, Certain hazardous pollutants in specific standards 

• EPA or delegated state agencies can: Inspect facilities, Review records, Observe testing, Issue notices of violation, Assess civil penalties, Require corrective action. Even in states with delegated authority, EPA retains enforcement authority. 

• You should be able to: Determine whether an NSPS applies to equipment; Understand the definitions of “new,” “modified,” and “reconstructed”; Identify applicable emission limits; Verify required notifications and reports; Review monitoring and testing records; Inspect pollution control equipment; Check record retention; Coordinate stack testing and compliance demonstrations; Communicate with regulators during inspections.” (ChatGPT was used for this summary) 

Chapter I Part 61 

• “It enforces strict, technology-based emission limits for stationary sources emitting specific, highly toxic pollutants known to cause serious health issues like cancer, rather than the broader criteria pollutants regulated under other parts.” 

• Regulates emissions of hazardous air pollutants such as asbestos, benzene, mercury, radon, radionuclides, beryllium, and vinyl chloride. (Google AI was used for this section) 

40 CFR Part 63 (MACT standards) – One of the most important regulations for industrial facilities that emit hazardous air pollutants. 

• “Establishes the EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP). It requires major industrial sources to use Maximum Achievable Control Technology (MACT) to strictly limit emissions of 189 toxic air pollutants. The regulations outline specific compliance, monitoring, recordkeeping, and reporting rules tailored to individual industries.” (Google AI) 

40 CFR Part 68 

• “Requires facilities with threshold quantities of extremely hazardous substances to develop and implement a Risk Management Plan (RMP) to prevent accidental releases and minimize impacts to local communities.” (Google AI) 

40 CFR Part 70 

• “Defines the requirements for operating permits that combine all applicable air pollution control rules into one comprehensive document.” (Google AI) 

40 CFR Part 82 

• “Outlines requirements for servicing, maintaining, and disposing of refrigeration, air-conditioning, and fire suppression equipment to protect the ozone layer.” (Google AI) 

40 CFR Part 112 (SPCC) – Oil spill prevention requirements for facilities storing significant quantities of oil. 

• “Under the U.S. EPA Oil Pollution Prevention Regulations, establishes requirements to prevent, control, and provide countermeasures for oil discharges from non-transportation-related facilities into navigable U.S. waters. It primarily mandates Spill Prevention, Control, and Countermeasure (SPCC) Plans to protect the environment.” (Google AI) 

• “The rule applies to facilities engaged in drilling, producing, gathering, storing, processing, refining, transferring, or consuming oil. Regulated oils include both petroleum (crude oil, fuel oil, gasoline, diesel) and non-petroleum products (animal fats, vegetable oils, and greases).” (Google AI) 

40 CFR Part 122 – Water discharge permits under the Clean Water Act. 

• “Establishes the core regulatory framework for the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act. It defines who needs a permit to discharge pollutants into U.S. waters, details application and testing requirements, and specifies the conditions all permits must include to ensure environmental compliance.” (Google AI) 

40 CFR Parts 260–279 (RCRA) – Covers hazardous waste identification, storage, labeling, accumulation time limits, manifests, transportation, treatment, and disposal. 

• “40 CFR Parts 260–279 form the core of the EPA’s hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). These rules mandate the “cradle-to-grave” management of hazardous waste, establishing the criteria for identifying, generating, transporting, treating, storing, and disposing of these materials to protect human health and the environment.” (Google AI) 

• “Part 260 (General & Definitions): Establishes the foundational definitions, grammatical rules, and petition procedures that apply across all RCRA programs. 

• Part 261 (Identification and Listing): Outlines the criteria used to determine if a solid waste is hazardous, either because it exhibits a specific characteristic (ignitability, corrosivity, reactivity, toxicity) or is explicitly listed by the EPA. 

• Part 262 (Generators): Imposes standards on facilities that generate hazardous waste, covering waste accumulation times, manifesting, and reporting requirements. 

• Part 263 (Transporters): Sets rules for shipping hazardous waste, including compliance with manifest systems and responses to accidental discharges. 

• Parts 264 & 265: Detail the operational requirements for Treatment, Storage, and Disposal Facilities (TSDFs). Part 264 sets standards for permitted facilities, while Part 265 details “interim status” standards for older facilities operating while their permit applications are reviewed. 

• Part 266 (Specific Wastes): Governs the management of specific hazardous wastes and specific types of facilities (e.g., recyclable materials used in a manner constituting disposal). 

• Part 267 (Standardized Permits): Contains standards for facilities operating under standardized permits. 

• Part 268 (Land Disposal Restrictions): Prohibits the land disposal of untreated hazardous wastes, mandating that waste meets specific treatment standards before disposal. 

• Part 270 (Permit Program): Defines the requirements for the EPA-administered Hazardous Waste Permit Program. 

• Parts 271 & 272: Detail the requirements for state-authorized hazardous waste programs and list the approved state management programs. 

• Part 273 (Universal Waste): Provides streamlined “cradle-to-grave” regulations for widely generated, low-hazard wastes, such as batteries, pesticides, and mercury-containing equipment. 

• Part 279 (Used Oil Management Standards): Sets “good housekeeping” requirements for the storage, transportation, processing, and burning of used oil. It ensures used oil is safely handled and not used as an improper dust suppressant or improperly disposed of.” (Google AI) 

40 CFR Part 302 – Lists hazardous substances and when releases must be reported. 

• “(Designation, Reportable Quantities, and Notification) implements the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by establishing specific hazardous substances, assigning Reportable Quantities (RQs), and mandating immediate notifications to federal authorities for releases that meet or exceed these limits.” (Google AI) 

40 CFR Part 355 – Emergency planning and release notification requirements under EPCRA. 

• “Implements the Emergency Planning and Community Right-to-Know Act (EPCRA). It requires facilities to establish emergency response plans if they store Extremely Hazardous Substances (EHSs) above specific thresholds and mandates immediate notification to authorities if a reportable quantity of a hazardous substance is accidentally released.” (Google AI) 

40 CFR Part 370 – Tier II chemical inventory reporting requirements. 

• “(Hazardous Chemical Reporting: Community Right-to-Know) requires facilities to report the presence of hazardous chemicals to local and state authorities. This ensures community awareness and aids in emergency response planning. Covered facilities must submit chemical lists/Safety Data Sheets (SDSs) and annual inventory reports.” (Google AI) 

40 CFR Part 372 (TRI) – Annual reporting of toxic chemical releases for qualifying facilities. 

• “Establishes the Environmental Protection Agency’s (EPA) Toxic Chemical Release Reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986. It mandates that specific industrial facilities publicly report annual data on toxic chemical releases and waste management.” (Google AI) 

40 CFR Parts 400-471 

• “National technology-based standards designed to regulate wastewater discharges directly to surface waters or into municipal sewage treatment plants.” (Google AI) 

40 CFR Part 761 

• “Regulates the manufacturing, processing, distribution in commerce, and use of polychlorinated biphenyls (PCBs) to manage toxic substances.” (Google AI)