Subpart A -- General
[TOP] §262.10
Purpose, scope, and applicability.
(a) These regulations establish standards for generators of hazardous waste.
(b) 40 CFR 261.5(c) and (d) must be used to determine the applicability of
provisions of this part that are dependent on calculations of the quantity of
hazardous waste generated per month.
(c) A generator who treats, stores, or disposes of hazardous waste on-site
must only comply with the following sections of this part with respect to that
waste: Section 262.11 for determining whether or not he has a hazardous waste,
§262.12 for obtaining an EPA identification number, §262.34 for accumulation of
hazardous waste, §262.40 (c) and (d) for recordkeeping, §262.43 for additional
reporting, and if applicable, §262.70 for farmers.
(d) Any person who exports or imports hazardous waste subject to the Federal
manifesting requirements of part 262, or subject to the universal waste
management standards of 40 CFR Part 273, or subject to State requirements
analogous to 40 CFR Part 273, to or from the countries listed in §262.58(a)(1)
for recovery must comply with subpart H of this part.
(e) Any person who imports hazardous waste into the United States must comply
with the standards applicable to generators established in this part.
(f) A farmer who generates waste pesticides which are hazardous waste and who
complies with all of the requirements of §262.70 is not required to comply with
other standards in this part or 40 CFR parts 270, 264, 265, or 268 with respect
to such pesticides.
(g) A person who generates a hazardous waste as defined by 40 CFR part 261 is
subject to the compliance requirements and penalties prescribed in section 3008
of the Act if he does not comply with the requirements of this part.
(h) An owner or operator who initiates a shipment of hazardous waste from a
treatment, storage, or disposal facility must comply with the generator
standards established in this part.
(i) Persons responding to an explosives or munitions emergency in accordance
with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv), and
270.1(c)(3)(i)(D) or (iii) are not required to comply with the standards of this
part.
(j) (1) Universities that are participating in the Laboratory XL project are
the University of Massachusetts Boston in Boston, Massachusetts, Boston College
in Chestnut Hill, Massachusetts, and the University of Vermont in Burlington,
Vermont ("Universities"). The Universities generate laboratory wastes (as
defined in §262.102), some of which will be hazardous wastes. As long as the
Universities comply with all the requirements of subpart J of this part the
Universities' laboratories that are participating in the University Laboratories
XL Project as identified in Table 1 of this section, are not subject to the
provisions of §§262.11, 262.34(c), 40 CFR Parts 264 and 265, and the permit
requirements of 40 CFR Part 270 with respect to said laboratory wastes.
Table 1_Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
Approx.
Institution number of Departments participating Location of current hazardous
labs waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA..... 120 Chemistry, Biology, Geology, Merkert Chemistry Building,
Physics, Psychology. 2609 Beacon St., Boston, MA,
Higgins Building, 140
Commonwealth Ave., Chestnut
Hill, MA.
University of Massachusetts Boston, 150 Chemistry, Biology, Science Building (Bldg.
Boston, MA. Psychology, Anthropology, #080); McCormack Building
Geology and Earth Sciences, (Bldg. #020); and Wheatley
and Environmental, Coastal Building (Bldg. #010), 100
and Ocean Sciences. Morrissey Blvd., Boston, MA.
University of Vermont, Burlington, VT. 400 Colleges of: Agriculture and Given Bunker, 89 Beaumont
Life Sciences, Arts and Ave., Burlington, VT.
Sciences, Medicine, and
Engineering and Mathematics;
and Schools of: Nursing,
Allied Heath Sciences, and
Natural Resources.
----------------------------------------------------------------------------------------------------------------
(2) Each University shall have the right to change its respective departments
or the on-site location of its hazardous waste accumulation areas listed in
Table 1 of this section upon written notice to the Regional Administrator for
EPA-Region I and the appropriate state agency. Such written notice will be
provided at least ten days prior to the effective date of any such
changes.
Note 1: The provisions of §262.34 are applicable to the on-site
accumulation of hazardous waste by generators. Therefore, the provisions of
§262.34 only apply to owners or operators who are shipping hazardous waste which
they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous waste
on-site must comply with the applicable standards and permit requirements set
forth in 40 CFR parts 264, 265, 266, 268, and 270.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980;
47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19,
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr.
12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28,
1999]
[TOP] §262.11
Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2, must
determine if that waste is a hazardous waste using the following method:
(a) He should first determine if the waste is excluded from regulation under
40 CFR 261.4.
(b) He must then determine if the waste is listed as a hazardous waste in
subpart D of 40 CFR part 261.
Note: Even if the waste is listed, the generator still has an
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that the
waste from his particular facility or operation is not a hazardous waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste is not
listed in subpart D of 40 CFR part 261, the generator must then determine
whether the waste is identified in subpart C of 40 CFR part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40
CFR part 261, or according to an equivalent method approved by the Administrator
under 40 CFR 260.21; or
(2) Applying knowledge of the hazard characteristic of the waste in light of
the materials or the processes used.
(d) If the waste is determined to be hazardous, the generator must refer to
parts 261, 264, 265, 266, 268, and 273 of this chapter for possible exclusions
or restrictions pertaining to management of the specific waste.
[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980;
51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31, 1991;
60 FR 25541, May 11, 1995]
[TOP] §262.12
EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or offer for
transportation, hazardous waste without having received an EPA identification
number from the Administrator.
(b) A generator who has not received an EPA identification number may obtain
one by applying to the Administrator using EPA form 8700-12. Upon receiving the
request the Administrator will assign an EPA identification number to the
generator.
(c) A generator must not offer his hazardous waste to transporters or to
treatment, storage, or disposal facilities that have not received an EPA
identification number.
Subpart B -- The Manifest
[TOP] §262.20
General requirements.
(a) A generator who transports, or offers for transportation, hazardous waste
for offsite treatment, storage, or disposal must prepare a Manifest OMB control
number 2050-0039 on EPA form 8700-22, and, if necessary, EPA form 8700-22A,
according to the instructions included in the appendix to part 262.
(b) A generator must designate on the manifest one facility which is
permitted to handle the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate facility
which is permitted to handle his waste in the event an emergency prevents
delivery of the waste to the primary designated facility.
(d) If the transporter is unable to deliver the hazardous waste to the
designated facility or the alternate facility, the generator must either
designate another facility or instruct the transporter to return the waste.
(e) The requirements of this subpart do not apply to hazardous waste produced
by generators of greater than 100 kg but less than 1000 kg in a calendar month
where:
(1) The waste is reclaimed under a contractual agreement pursuant to which:
(i) The type of waste and frequency of shipments are specified in the
agreement;
(ii) The vehicle used to transport the waste to the recycling facility and to
deliver regenerated material back to the generator is owned and operated by the
reclaimer of the waste; and
(2) The generator maintains a copy of the reclamation agreement in his files
for a period of at least three years after termination or expiration of the
agreement.
(f) The requirements of this subpart and §262.32(b) do not apply to the
transport of hazardous wastes on a public or private right-of-way within or
along the border of contiguous property under the control of the same person,
even if such contiguous property is divided by a public or private right-of-way.
Notwithstanding 40 CFR 263.10(a), the generator or transporter must comply with
the requirements for transporters set forth in 40 CFR 263.30 and 263.31 in the
event of a discharge of hazardous waste on a public or private right-of-way.
[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984;
51 FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12,
1997]
[TOP] §262.21
Acquisition of manifests.
(a) If the State to which the shipment is manifested (consignment State)
supplies the manifest and requires its use, then the generator must use that
manifest.
(b) If the consignment State does not supply the manifest, but the State in
which the generator is located (generator State) supplies the manifest and
requires its use, then the generator must use that State's manifest.
(c) If neither the generator State nor the consignment State supplies the
manifest, then the generator may obtain the manifest from any source.
[49 FR 10500, Mar. 20, 1984]
[TOP] §262.22
Number of copies.
The manifest consists of at least the number of copies which will provide the
generator, each transporter, and the owner or operator of the designated
facility with one copy each for their records and another copy to be returned to
the generator.
[TOP] §262.23
Use of the manifest.
(a) The generator must:
(1) Sign the manifest certification by hand; and
(2) Obtain the handwritten signature of the initial transporter and date of
acceptance on the manifest; and
(3) Retain one copy, in accordance with §262.40(a).
(b) The generator must give the transporter the remaining copies of the
manifest.
(c) For shipments of hazardous waste within the United States solely by water
(bulk shipments only), the generator must send three copies of the manifest
dated and signed in accordance with this section to the owner or operator of the
designated facility or the last water (bulk shipment) transporter to handle the
waste in the United States if exported by water. Copies of the manifest are not
required for each transporter.
(d) For rail shipments of hazardous waste within the United States which
originate at the site of generation, the generator must send at least three
copies of the manifest dated and signed in accordance with this section to:
(1) The next non-rail transporter, if any; or
(2) The designated facility if transported solely by rail; or
(3) The last rail transporter to handle the waste in the United States if
exported by rail.
(e) For shipments of hazardous waste to a designated facility in an
authorized State which has not yet obtained authorization to regulate that
particular waste as hazardous, the generator must assure that the designated
facility agrees to sign and return the manifest to the generator, and that any
out-of-state transporter signs and forwards the manifest to the designated
facility.
Note: See §263.20(e) and (f) for special provisions for rail or water
(bulk shipment) transporters.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980;
55 FR 2354, Jan. 23, 1990]
Subpart C -- Pre-Transport Requirements
[TOP] §262.30
Packaging.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must package the waste in accordance with
the applicable Department of Transportation regulations on packaging under 49
CFR parts 173, 178, and 179.
[TOP] §262.31
Labeling.
Before transporting or offering hazardous waste for transportation off-site,
a generator must label each package in accordance with the applicable Department
of Transportation regulations on hazardous materials under 49 CFR part 172.
[TOP] §262.32
Marking.
(a) Before transporting or offering hazardous waste for transportation
off-site, a generator must mark each package of hazardous waste in accordance
with the applicable Department of Transportation regulations on hazardous
materials under 49 CFR part 172;
(b) Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must mark each container of 110 gallons or
less used in such transportation with the following words and information
displayed in accordance with the requirements of 49 CFR 172.304:
HAZARDOUS WASTE -- Federal Law Prohibits Improper Disposal. If found, contact
the nearest police or public safety authority or the U.S. Environmental
Protection Agency.
Generator's Name and Address -- -- -- -- -- .
Manifest Document Number -- -- -- -- -- -- .
[TOP] §262.33
Placarding.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must placard or offer the initial
transporter the appropriate placards according to Department of Transportation
regulations for hazardous materials under 49 CFR part 172, subpart F.
[TOP] §262.34
Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this section, a
generator may accumulate hazardous waste on-site for 90 days or less without a
permit or without having interim status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies with the applicable requirements
of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
(ii) In tanks and the generator complies with the applicable requirements of
subparts J, AA, BB, and CC of 40 CFR part 265 except §§265.197(c) and 265.200;
and/or
(iii) On drip pads and the generator complies with subpart W of 40 CFR part
265 and maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that all
wastes are removed from the drip pad and associated collection system at least
once every 90 days; and
(B) Documentation of each waste removal, including the quantity of waste
removed from the drip pad and the sump or collection system and the date and
time of removal; and/or
(iv) The waste is placed in containment buildings and the generator complies
with subpart DD of 40 CFR part 265, has placed its professional engineer
certification that the building complies with the design standards specified in
40 CFR 265.1101 in the facility's operating record no later than 60 days after
the date of initial operation of the unit. After February 18, 1993, PE
certification will be required prior to operation of the unit. The owner or
operator shall maintain the following records at the facility:
(A) A written description of procedures to ensure that each waste volume
remains in the unit for no more than 90 days, a written description of the waste
generation and management practices for the facility showing that they are
consistent with respecting the 90 day limit, and documentation that the
procedures are complied with; or
(B) Documentation that the unit is emptied at least once every 90 days.
In addition, such a generator is exempt from all the requirements in subparts
G and H of 40 CFR part 265, except for §§265.111 and 265.114.
(2) The date upon which each period of accumulation begins is clearly marked
and visible for inspection on each container;
(3) While being accumulated on-site, each container and tank is labeled or
marked clearly with the words, "Hazardous Waste"; and
(4) The generator complies with the requirements for owners or operators in
Subparts C and D in 40 CFR part 265, with §265.16, and with 40 CFR 268.7(a)(5).
(b) A generator who accumulates hazardous waste for more than 90 days is an
operator of a storage facility and is subject to the requirements of 40 CFR
parts 264 and 265 and the permit requirements of 40 CFR part 270 unless he has
been granted an extension to the 90-day period. Such extension may be granted by
EPA if hazardous wastes must remain on-site for longer than 90 days due to
unforeseen, temporary, and uncontrollable circumstances. An extension of up to
30 days may be granted at the discretion of the Regional Administrator on a
case-by-case basis.
(c)(1) A generator may accumulate as much as 55 gallons of hazardous waste or
one quart of acutely hazardous waste listed in §261.33(e) in containers at or
near any point of generation where wastes initially accumulate, which is under
the control of the operator of the process generating the waste, without a
permit or interim status and without complying with paragraph (a) of this
section provided he:
(i) Complies with §§265.171, 265.172, and 265.173(a) of this chapter; and
(ii) Marks his containers either with the words "Hazardous Waste" or with
other words that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely hazardous
waste listed in §261.33(e) in excess of the amounts listed in paragraph (c)(1)
of this section at or near any point of generation must, with respect to that
amount of excess waste, comply within three days with paragraph (a) of this
section or other applicable provisions of this chapter. During the three day
period the generator must continue to comply with paragraphs (c)(1)(i) through
(ii) of this section. The generator must mark the container holding the excess
accumulation of hazardous waste with the date the excess amount began
accumulating.
(d) A generator who generates greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month may accumulate hazardous waste
on-site for 180 days or less without a permit or without having interim status
provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms;
(2) The generator complies with the requirements of subpart I of part 265 of
this chapter, except for §§265.176 and 265.178;
(3) The generator complies with the requirements of §265.201 in subpart J of
part 265;
(4) The generator complies with the requirements of paragraphs (a)(2) and
(a)(3) of this section, the requirements of subpart C of part 265, the
requirements of 40 CFR 268.7(a)(5); and
(5) The generator complies with the following requirements:
(i) At all times there must be at least one employee either on the premises
or on call (i.e., available to respond to an emergency by reaching the
facility within a short period of time) with the responsibility for coordinating
all emergency response measures specified in paragraph (d)(5)(iv) of this
section. This employee is the emergency coordinator.
(ii) The generator must post the following information next to the telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and, if
present, fire alarm; and
(C) The telephone number of the fire department, unless the facility has a
direct alarm.
(iii) The generator must ensure that all employees are thoroughly familiar
with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to extinguish
it using a fire extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to the
extent possible, and as soon as is practicable, clean up the hazardous waste and
any contaminated materials or soil;
(C) In the event of a fire, explosion, or other release which could threaten
human health outside the facility or when the generator has knowledge that a
spill has reached surface water, the generator must immediately notify the
National Response Center (using their 24-hour toll free number 800/424-8802).
The report must include the following information:
(1 ) The name, address, and U.S. EPA
IdentificationNumberofthegenerator;
(2 ) Date, time, and type of incident (e.g., spill or fire);
(3 ) Quantity and type of hazardous waste involved in the incident;
(4 ) Extent of injuries, if any; and
(5 ) Estimated quantity and disposition of recovered materials, if any.
(e) A generator who generates greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month and who must transport his
waste, or offer his waste for transportation, over a distance of 200 miles or
more for off-site treatment, storage or disposal may accumulate hazardous waste
on-site for 270 days or less without a permit or without having interim status
provided that he complies with the requirements of paragraph (d) of this
section.
(f) A generator who generates greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month and who accumulates hazardous
waste in quantities exceeding 6000 kg or accumulates hazardous waste for more
than 180 days (or for more than 270 days if he must transport his waste, or
offer his waste for transportation, over a distance of 200 miles or more) is an
operator of a storage facility and is subject to the requirements of 40 CFR
parts 264 and 265 and the permit requirements of 40 CFR part 270 unless he has
been granted an extension to the 180-day (or 270-day if applicable) period. Such
extension may be granted by EPA if hazardous wastes must remain on-site for
longer than 180 days (or 270 days if applicable) due to unforeseen, temporary,
and uncontrollable circumstances. An extension of up to 30 days may be granted
at the discretion of the Regional Administrator on a case-by-case basis.
(g) A generator who generates 1,000 kilograms or greater of hazardous waste
per calendar month who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the RCRA
hazardous waste code F006, may accumulate F006 waste on-site for more than 90
days, but not more than 180 days without a permit or without having interim
status provided that:
(1) The generator has implemented pollution prevention practices that reduce
the amount of any hazardous substances, pollutants or contaminants entering F006
or otherwise released to the environment prior to its recycling;
(2) The F006 waste is legitimately recycled through metals recovery;
(3) No more than 20,000 kilograms of F006 waste is accumulated on-site at any
one time; and
(4) The F006 waste is managed in accordance with the following:
(i) The F006 waste is placed:
(A) In containers and the generator complies with the applicable requirements
of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
(B) In tanks and the generator complies with the applicable requirements of
subparts J, AA, BB, and CC of 40 CFR part 265, except §§265.197(c) and 265.200;
and/or
(C) In containment buildings and the generator complies with subpart DD of 40
CFR part 265, and has placed its professional engineer certification that the
building complies with the design standards specified in 40 CFR 265.1101 in the
facility's operating record prior to operation of the unit. The owner or
operator must maintain the following records at the facility:
(1 ) A written description of procedures to ensure that the F006 waste
remains in the unit for no more than 180 days, a written description of the
waste generation and management practices for the facility showing that they are
consistent with the 180-day limit, and documentation that the generator is
complying with the procedures; or
(2) Documentation that the unit is emptied at least once every 180
days.
(ii) In addition, such a generator is exempt from all the requirements in
subparts G and H of 40 CFR part 265, except for §§265.111 and 265.114.
(iii) The date upon which each period of accumulation begins is clearly
marked and visible for inspection on each container;
(iv) While being accumulated on-site, each container and tank is labeled or
marked clearly with the words, "Hazardous Waste;" and
(v) The generator complies with the requirements for owners or operators in
subparts C and D in 40 CFR part 265, with 40 CFR 265.16, and with 40 CFR
268.7(a)(5).
(h) A generator who generates 1,000 kilograms or greater of hazardous waste
per calendar month who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the RCRA
hazardous waste code F006, and who must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more for off-site
metals recovery, may accumulate F006 waste on-site for more than 90 days, but
not more than 270 days without a permit or without having interim status if the
generator complies with the requirements of paragraphs (g)(1) through (g)(4) of
this section.
(i) A generator accumulating F006 in accordance with paragraphs (g) and (h)
of this section who accumulates F006 waste on-site for more than 180 days (or
for more than 270 days if the generator must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more), or who
accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a
storage facility and is subject to the requirements of 40 CFR parts 264 and 265
and the permit requirements of 40 CFR part 270 unless the generator has been
granted an extension to the 180-day (or 270-day if applicable) period or an
exception to the 20,000 kilogram accumulation limit. Such extensions and
exceptions may be granted by EPA if F006 waste must remain on-site for longer
than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of
F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days or an exception to the accumulation
limit may be granted at the discretion of the Regional Administrator on a
case-by-case basis.
[47 FR 1251, Jan. 11, 1982, as amended at 48 FR 14294, Apr. 1, 1983;
49 FR 49571, Dec. 20, 1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472, July 14,
1986; 55 FR 22684, June 1, 1990; 55 FR 50483, Dec. 6, 1990; 56 FR 3877, Jan. 31,
1991; 56 FR 30195, July 1, 1991; 57 FR 37264, Aug. 18, 1992; 59 FR 62926, Dec.
6, 1994; 61 FR 4911, Feb. 9, 1996; 61 FR 59950, Nov. 25, 1996; 64 FR 3388, Jan.
21, 1999; 64 FR 25414, May 11, 1999; 64 FR 56471, Oct. 20, 1999; 65 FR 12397,
Mar. 8, 2000]
Subpart D -- Recordkeeping and Reporting
[TOP] §262.40
Recordkeeping.
(a) A generator must keep a copy of each manifest signed in accordance with
§262.23(a) for three years or until he receives a signed copy from the
designated facility which received the waste. This signed copy must be retained
as a record for at least three years from the date the waste was accepted by the
initial transporter.
(b) A generator must keep a copy of each Biennial Report and Exception Report
for a period of at least three years from the due date of the report.
(c) A generator must keep records of any test results, waste analyses, or
other determinations made in accordance with §262.11 for at least three years
from the date that the waste was last sent to on-site or off-site treatment,
storage, or disposal.
(d) The periods or retention referred to in this section are extended
automatically during the course of any unresolved enforcement action regarding
the regulated activity or as requested by the Administrator.
[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28,
1983]
[TOP] §262.41
Biennial report.
(a) A generator who ships any hazardous waste off-site to a treatment,
storage or disposal facility within the United States must prepare and submit a
single copy of a Biennial Report to the Regional Administrator by March 1 of
each even numbered year. The Biennial Report must be submitted on EPA Form
8700-13A, must cover generator activities during the previous year, and must
include the following information:
(1) The EPA identification number, name, and address of the generator;
(2) The calendar year covered by the report;
(3) The EPA identification number, name, and address for each off-site
treatment, storage, or disposal facility in the United States to which waste was
shipped during the year;
(4) The name and EPA identification number of each transporter used during
the reporting year for shipments to a treatment, storage or disposal facility
within the United States;
(5) A description, EPA hazardous waste number (from 40 CFR part 261, subpart
C or D), DOT hazard class, and quantity of each hazardous waste shipped off-site
for shipments to a treatment, storage or disposal facility within the United
States. This information must be listed by EPA identification number of each
such off-site facility to which waste was shipped.
(6) A description of the efforts undertaken during the year to reduce the
volume and toxicity of waste generated.
(7) A description of the changes in volume and toxicity of waste actually
achieved during the year in comparison to previous years to the extent such
information is available for years prior to 1984.
(8) The certification signed by the generator or authorized representative.
(b) Any generator who treats, stores, or disposes of hazardous waste on-site
must submit a biennial report covering those wastes in accordance with the
provisions of 40 CFR parts 270, 264, 265, and 266. Reporting for exports of
hazardous waste is not required on the Biennial Report form. A separate annual
report requirement is set forth at 40 CFR 262.56.
[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983;
50 FR 28746, July 15, 1985; 51 FR 28682, Aug. 8, 1986]
[TOP] §262.42
Exception reporting.
(a)(1) A generator of greater than 1000 kilograms of hazardous waste in a
calendar month who does not receive a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 35 days of
the date the waste was accepted by the initial transporter must contact the
transporter and/or the owner or operator of the designated facility to determine
the status of the hazardous waste.
(2) A generator of greater than 1000 kilograms of hazardous waste in a
calendar month must submit an Exception Report to the EPA Regional Administrator
for the Region in which the generator is located if he has not received a copy
of the manifest with the handwritten signature of the owner or operator of the
designated facility within 45 days of the date the waste was accepted by the
initial transporter. The Exception Report must include:
(i) A legible copy of the manifest for which the generator does not have
confirmation of delivery;
(ii) A cover letter signed by the generator or his authorized representative
explaining the efforts taken to locate the hazardous waste and the results of
those efforts.
(b) A generator of greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month who does not receive a copy of the manifest
with the handwritten signature of the owner or operator of the designated
facility within 60 days of the date the waste was accepted by the initial
transporter must submit a legible copy of the manifest, with some indication
that the generator has not received confirmation of delivery, to the EPA
Regional Administrator for the Region in which the generator is located.
Note: The submission to EPA need only be a handwritten or typed note
on the manifest itself, or on an attached sheet of paper, stating that the
return copy was not received.
[52 FR 35898, Sept. 23, 1987]
[TOP] §262.43
Additional reporting.
The Administrator, as he deems necessary under sections 2002(a) and 3002(6)
of the Act, may require generators to furnish additional reports concerning the
quantities and disposition of wastes identified or listed in 40 CFR part 261.
[TOP] §262.44
Special requirements for generators of between 100 and 1000
kg/mo.
A generator of greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month is subject only to the following
requirements in this subpart:
(a) Section 262.40(a), (c), and (d), recordkeeping;
(b) Section 262.42(b), exception reporting; and
(c) Section 262.43, additional reporting.
[52 FR 35899, Sept. 23, 1987]
Subpart E -- Exports of Hazardous Waste
Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.
[TOP] §262.50
Applicability.
This subpart establishes requirements applicable to exports of hazardous
waste. Except to the extent §262.58 provides otherwise, a primary exporter of
hazardous waste must comply with the special requirements of this subpart and a
transporter transporting hazardous waste for export must comply with applicable
requirements of part 263. Section 262.58 sets forth the requirements of
international agreements between the United States and receiving countries which
establish different notice, export, and enforcement procedures for the
transportation, treatment, storage and disposal of hazardous waste for shipments
between the United States and those countries.
[TOP] §262.51
Definitions.
In addition to the definitions set forth at 40 CFR 260.10, the following
definitions apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility
in a receiving country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the
U.S. Embassy in a receiving country that acknowledges the written consent of the
receiving country to accept the hazardous waste and describes the terms and
conditions of the receiving country's consent to the shipment.
Primary Exporter means any person who is required to originate the
manifest for a shipment of hazardous waste in accordance with 40 CFR part 262,
subpart B, or equivalent State provision, which specifies a treatment, storage,
or disposal facility in a receiving country as the facility to which the
hazardous waste will be sent and any intermediary arranging for the export.
Receiving country means a foreign country to which a hazardous waste
is sent for the purpose of treatment, storage or disposal (except short-term
storage incidental to transportation).
Transit country means any foreign country, other than a receiving
country, through which a hazardous waste is transported.
[53 FR 27164, July 19, 1988]
[TOP] §262.52
General requirements.
Exports of hazardous waste are prohibited except in compliance with the
applicable requirements of this subpart and part 263. Exports of hazardous waste
are prohibited unless:
(a) Notification in accordance with §262.53 has been provided;
(b) The receiving country has consented to accept the hazardous waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies
the hazardous waste shipment and, unless exported by rail, is attached to the
manifest (or shipping paper for exports by water (bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the receiving
country's written consent as reflected in the EPA Acknowledgment of Consent.
[TOP] §262.53
Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an intended
export before such waste is scheduled to leave the United States. A complete
notification should be submitted sixty (60) days before the initial shipment is
intended to be shipped off site. This notification may cover export activities
extending over a twelve (12) month or lesser period. The notification must be in
writing, signed by the primary exporter, and include the following information:
(1) Name, mailing address, telephone number and EPA ID number of the primary
exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste number
(from 40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard
class and ID number (UN/NA) for each hazardous waste as identified in 49 CFR
parts 171 through 177;
(ii) The estimated frequency or rate at which such waste is to be exported
and the period of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units as
specified in the instructions to the Uniform Hazardous Waste Manifest Form
(8700-22);
(iv) All points of entry to and departure from each foreign country through
which the hazardous waste will pass;
(v) A description of the means by which each shipment of the hazardous waste
will be transported (e.g., mode of transportation vehicle (air, highway, rail,
water, etc.), type(s) of container (drums, boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will be
treated, stored or disposed of in the receiving country (e.g., land or ocean
incineration, other land disposal, ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate consignee;
and
(viii) The name of any transit countries through which the hazardous waste
will be sent and a description of the approximate length of time the hazardous
waste will remain in such country and the nature of its handling while there;
(b) Notifications submitted by mail should be sent to the following mailing
address: Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting, and Data Division (2222A), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand-delivered notifications should be sent to: Office of Enforcement and
Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and
Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th
St. and Pennsylvania Ave., NW., Washington, DC. In both cases, the following
shall be prominently displayed on the front of the envelope: "Attention:
Notification of Intent to Export."
(c) Except for changes to the telephone number in paragraph (a)(1) of this
section, changes to paragraph (a)(2)(v) of this section and decreases in the
quantity indicated pursuant to paragraph (a)(2)(iii) of this section when the
conditions specified on the original notification change (including any
exceedance of the estimate of the quantity of hazardous waste specified in the
original notification), the primary exporter must provide EPA with a written
renotification of the change. The shipment cannot take place until consent of
the receiving country to the changes (except for changes to paragraph
(a)(2)(viii) of this section and in the ports of entry to and departure from
transit countries pursuant to paragraph (a)(2)(iv) of this section) has been
obtained and the primary exporter receives an EPA Acknowledgment of Consent
reflecting the receiving country's consent to the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any
additional information which a receiving country requests in order to respond to
a notification.
(e) In conjunction with the Department of State, EPA will provide a complete
notification to the receiving country and any transit countries. A notification
is complete when EPA receives a notification which EPA determines satisfies the
requirements of paragraph (a) of this section. Where a claim of confidentiality
is asserted with respect to any notification information required by paragraph
(a) of this section, EPA may find the notification not complete until any such
claim is resolved in accordance with 40 CFR 260.2.
(f) Where the receiving country consents to the receipt of the hazardous
waste, EPA will forward an EPA Acknowledgment of Consent to the primary exporter
for purposes of §262.54(h). Where the receiving country objects to receipt of
the hazardous waste or withdraws a prior consent, EPA will notify the primary
exporter in writing. EPA will also notify the primary exporter of any responses
from transit countries.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991;
61 FR 16309, Apr. 12, 1996]
[TOP] §262.54
Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40 CFR
262.20 through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the designated
permitted facility, the primary exporter must enter the name and site address of
the consignee;
(b) In lieu of the name, site address and EPA ID number of a permitted
alternate facility, the primary exporter may enter the name and site address of
any alternate consignee.
(c) In Special Handling Instructions and Additional Information, the primary
exporter must identify the point of departure from the United States;
(d) The following statement must be added to the end of the first sentence of
the certification set forth in Item 16 of the Uniform Hazardous Waste Manifest
Form: "and conforms to the terms of the attached EPA Acknowledgment of Consent";
(e) In lieu of the requirements of §262.21, the primary exporter must obtain
the manifest form from the primary exporter's State if that State supplies the
manifest form and requires its use. If the primary exporter's State does not
supply the manifest form, the primary exporter may obtain a manifest form from
any source.
(f) The primary exporter must require the consignee to confirm in writing the
delivery of the hazardous waste to that facility and to describe any significant
discrepancies (as defined in 40 CFR 264.72(a)) between the manifest and the
shipment. A copy of the manifest signed by such facility may be used to confirm
delivery of the hazardous waste.
(g) In lieu of the requirements of §262.20(d), where a shipment cannot be
delivered for any reason to the designated or alternate consignee, the primary
exporter must:
(1) Renotify EPA of a change in the conditions of the original notification
to allow shipment to a new consignee in accordance with §262.53(c) and obtain an
EPA Acknowledgment of Consent prior to delivery; or
(2) Instruct the transporter to return the waste to the primary exporter in
the United States or designate another facility within the United States; and
(3) Instruct the transporter to revise the manifest in accordance with the
primary exporter's instructions.
(h) The primary exporter must attach a copy of the EPA Acknowledgment of
Consent to the shipment to the manifest which must accompany the hazardous waste
shipment. For exports by rail or water (bulk shipment), the primary exporter
must provide the transporter with an EPA Acknowledgment of Consent which must
accompany the hazardous waste but which need not be attached to the manifest
except that for exports by water (bulk shipment) the primary exporter must
attach the copy of the EPA Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall provide the transporter with an additional
copy of the manifest for delivery to the U.S. Customs official at the point the
hazardous waste leaves the United States in accordance with §263.20(g)(4).
[TOP] §262.55
Exception reports.
In lieu of the requirements of §262.42, a primary exporter must file an
exception report with the Administrator if:
(a) He has not received a copy of the manifest signed by the transporter
stating the date and place of departure from the United States within forty-five
(45) days from the date it was accepted by the initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by the
initial transporter, the primary exporter has not received written confirmation
from the consignee that the hazardous waste was received;
(c) The waste is returned to the United States.
[TOP] §262.56
Annual reports.
(a) Primary exporters of hazardous waste shall file with the Administrator no
later than March 1 of each year, a report summarizing the types, quantities,
frequency, and ultimate destination of all hazardous waste exported during the
previous calendar year. Such reports shall include the following:
(1) The EPA identification number, name, and mailing and site address of the
exporter;
(2) The calendar year covered by the report;
(3) The name and site address of each consignee;
(4) By consignee, for each hazardous waste exported, a description of the
hazardous waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C
or D), DOT hazard class, the name and US EPA ID number (where applicable) for
each transporter used, the total amount of waste shipped and number of shipments
pursuant to each notification;
(5) Except for hazardous waste produced by exporters of greater than 100 kg
but less than 1000 kg in a calendar month, unless provided pursuant to §262.41,
in even numbered years:
(i) A description of the efforts undertaken during the year to reduce the
volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste actually
achieved during the year in comparison to previous years to the extent such
information is available for years prior to 1984.
(6) A certification signed by the primary exporter which states:
I certify under penalty of law that I have personally examined and am
familiar with the information submitted in this and all attached documents, and
that based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information including the possibility of fine and imprisonment.
(b) Annual reports submitted by mail should be sent to the following mailing
address: Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting, and Data Division (2222A), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand-delivered reports should be sent to: Office of Enforcement and Compliance
Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data
Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th St.
and Pennsylvania Ave., NW., Washington, DC.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991;
61 FR 16309, Apr. 12, 1996]
[TOP] §262.57
Recordkeeping.
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of intent to export for a period of at
least three years from the date the hazardous waste was accepted by the initial
transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period of at
least three years from the date the hazardous waste was accepted by the initial
transporter;
(3) Keep a copy of each confirmation of delivery of the hazardous waste from
the consignee for at least three years from the date the hazardous waste was
accepted by the initial transporter; and
(4) Keep a copy of each annual report for a period of at least three years
from the due date of the report.
(b) The periods of retention referred to in this section are extended
automatically during the course of any unresolved enforcement action regarding
the regulated activity or as requested by the Administrator.
[TOP] §262.58
International agreements.
(a) Any person who exports or imports hazardous waste subject to Federal
manifest requirements of Part 262, or subject to the universal waste management
standards of 40 CFR Part 273, or subject to State requirements analogous to 40
CFR Part 273, to or from designated member countries of the Organization for
Economic Cooperation and Development (OECD) as defined in paragraph (a)(1) of
this section for purposes of recovery is subject to Subpart H of this part. The
requirements of Subparts E and F do not apply.
(1) For the purposes of this Subpart, the designated OECD countries consist
of Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece,
Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway,
Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United
States.
(2) For the purposes of this Subpart, Canada and Mexico are considered OECD
member countries only for the purpose of transit.
(b) Any person who exports hazardous waste to or imports hazardous waste
from: a designated OECD member country for purposes other than recovery
(e.g., incineration, disposal), Mexico (for any purpose), or Canada (for
any purpose) remains subject to the requirements of subparts E and F of this
part.
[61 FR 16310, Apr. 12, 1996]
Subpart F -- Imports of Hazardous Waste
[TOP] §262.60
Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country into the
United States must comply with the requirements of this part and the special
requirements of this subpart.
(b) When importing hazardous waste, a person must meet all the requirements
of §262.20(a) for the manifest except that:
(1) In place of the generator's name, address and EPA identification number,
the name and address of the foreign generator and the importer's name, address
and EPA identification number must be used.
(2) In place of the generator's signature on the certification statement, the
U.S. importer or his agent must sign and date the certification and obtain the
signature of the initial transporter.
(c) A person who imports hazardous waste must obtain the manifest form from
the consignment State if the State supplies the manifest and requires its use.
If the consignment State does not supply the manifest form, then the manifest
form may be obtained from any source.
[51 FR 28685, Aug. 8, 1986]
Subpart G -- Farmers
[TOP] §262.70
Farmers.
A farmer disposing of waste pesticides from his own use which are hazardous
wastes is not required to comply with the standards in this part or other
standards in 40 CFR parts 264, 265, 268, or 270 for those wastes provided he
triple rinses each emptied pesticide container in accordance with §261.7(b)(3)
and disposes of the pesticide residues on his own farm in a manner consisent
with the disposal instructions on the pesticide label.
[53 FR 27165, July 19, 1988]
Subpart H -- Transfrontier Shipments of Hazardous Waste for Recovery
within the OECD
Source: 61
FR 16310 , Apr. 12, 1996, unless otherwise noted.
[TOP] §262.80
Applicability.
(a) The requirements of this subpart apply to imports and exports of wastes
that are considered hazardous under U.S. national procedures and are destined
for recovery operations in the countries listed in §262.58(a)(1). A waste is
considered hazardous under U.S. national procedures if it meets the Federal
definition of hazardous waste in 40 CFR 261.3 and it is subject to either the
Federal manifesting requirements at 40 CFR Part 262, Subpart B, to the universal
waste management standards of 40 CFR Part 273, or to State requirements
analogous to 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator) who mixes
two or more wastes (including hazardous and non-hazardous wastes) or otherwise
subjects two or more wastes (including hazardous and non-hazardous wastes) to
physical or chemical transformation operations, and thereby creates a new
hazardous waste, becomes a generator and assumes all subsequent generator duties
under RCRA and any notifier duties, if applicable, under this subpart.
[TOP] §262.81
Definitions.
The following definitions apply to this subpart.
(a) Competent authorities means the regulatory authorities of
concerned countries having jurisdiction over transfrontier movements of wastes
destined for recovery operations.
(b) Concerned countries means the exporting and importing OECD member
countries and any OECD member countries of transit.
(c) Consignee means the person to whom possession or other form of
legal control of the waste is assigned at the time the waste is received in the
importing country.
(d) Country of transit means any designated OECD country in
§262.58(a)(1) and (a)(2) other than the exporting or importing country across
which a transfrontier movement of wastes is planned or takes place.
(e) Exporting country means any designated OECD member country in
§262.58(a)(1) from which a transfrontier movement of wastes is planned or has
commenced.
(f) Importing country means any designated OECD country in
§262.58(a)(1) to which a transfrontier movement of wastes is planned or takes
place for the purpose of submitting the wastes to recovery operations therein.
(g) Notifier means the person under the jurisdiction of the exporting
country who has, or will have at the time the planned transfrontier movement
commences, possession or other forms of legal control of the wastes and who
proposes their transfrontier movement for the ultimate purpose of submitting
them to recovery operations. When the United States (U.S.) is the exporting
country, notifier is interpreted to mean a person domiciled in the U.S.
(h) OECD area means all land or marine areas under the national
jurisdiction of any designated OECD member country in §262.58. When the
regulations refer to shipments to or from an OECD country, this means OECD area.
(i) Recognized trader means a person who, with appropriate
authorization of concerned countries, acts in the role of principal to purchase
and subsequently sell wastes; this person has legal control of such wastes from
time of purchase to time of sale; such a person may act to arrange and
facilitate transfrontier movements of wastes destined for recovery operations.
(j) Recovery facility means an entity which, under applicable domestic
law, is operating or is authorized to operate in the importing country to
receive wastes and to perform recovery operations on them.
(k) Recovery operations means activities leading to resource recovery,
recycling, reclamation, direct re-use or alternative uses as listed in Table 2.B
of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988, (available
from the Environmental Protection Agency, RCRA Information Center (RIC), 1235
Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket #
F-94-IEHF-FFFFF) and the Organisation for Economic Co-operation and Development,
Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which
include:
R1 Use as a fuel (other than in direct
incineration) or other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic
substances which are not used as solvents
R4 Recycling/reclamation of metals and
metal compounds
R5 Recycling/reclamation of other
inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for
pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of
previously used oil
R10 Land treatment resulting in benefit to
agriculture or ecological improvement
R11 Uses of residual materials obtained
from any of the operations numbered R1-R10
R12 Exchange of wastes for submission to
any of the operations numbered R1-R11
6R13 Accumulation of material intended for
any operation in Table 2.B
(l) Transfrontier movement means any shipment of wastes destined for
recovery operations from an area under the national jurisdiction of one OECD
member country to an area under the national jurisdiction of another OECD member
country.
[TOP] §262.82
General conditions.
(a) Scope. The level of control for exports and imports of waste is
indicated by assignment of the waste to a green, amber, or red list and by U.S.
national procedures as defined in §262.80(a). The green, amber, and red lists
are incorporated by reference in §262.89 (e).
(1) Wastes on the green list are subject to existing controls normally
applied to commercial transactions, except as provided below:
(i) Green-list wastes that are considered hazardous under U.S. national
procedures are subject to amber-list controls.
(ii) Green-list waste that are sufficiently contaminated or mixed with
amber-list wastes, such that the waste or waste mixture is considered hazardous
under U.S. national procedures, are subject to amber-list controls.
(iii) Green-list wastes that are sufficiently contaminated or mixed with
other wastes subject to red-list controls such that the waste or waste mixture
is considered hazardous under U.S. national procedures must be handled in
accordance with the red-list controls.
(2) Wastes on the amber list that are considered hazardous under U.S.
national procedures as defined in §262.80(a) are subject to the amber-list
controls of this Subpart.
(i) If amber-list wastes are sufficiently contaminated or mixed with other
wastes subject to red-list controls such that the waste or waste mixture is
considered hazardous under U.S. national procedures, the wastes must be handled
in accordance with the red-list controls.
(ii) [Reserved]
(3) Wastes on the red list that are considered hazardous under U.S. national
procedures as defined in §262.80(a) are subject to the red-list controls of this
subpart.
Note to paragraph (A)(3): Some wastes on the amber or red lists are
not listed or otherwise identified as hazardous under RCRA (e.g.,
polychlorinated biphenyls) and therefore are not subject to the amber- or
red-list controls of this subpart. Regardless of the status of the waste under
RCRA, however, other Federal environmental statutes (e.g., the Toxic Substances
Control Act) may restrict certain waste imports or exports. Such restrictions
continue to apply without regard to this Subpart.
(4) Wastes not yet assigned to a list are eligible for transfrontier
movements, as follows:
(i) If such wastes are considered hazardous under U.S. national procedures as
defined in §262.80(a), these wastes are subject to the red-list controls; or
(ii) If such wastes are not considered hazardous under U.S. national
procedures as defined in §262.80(a), such wastes may move as though they
appeared on the green list.
(b) General conditions applicable to transfrontier movements of hazardous
waste.
(1) The waste must be destined for recovery operations at a facility that,
under applicable domestic law, is operating or is authorized to operate in the
importing country;
(2) The transfrontier movement must be in compliance with applicable
international transport agreements; and
Note to paragraph (b)(2): These international agreements include, but
are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970),
MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF
(1985), and RID (1985).
(3) Any transit of waste through a non-OECD member country must be conducted
in compliance with all applicable international and national laws and
regulations.
(c) Provisions relating to re-export for recovery to a third country.
(1) Re-export of wastes subject to the amber-list control system from the
U.S., as the importing country, to a third country listed in §262.58(a)(1) may
occur only after a notifier in the U.S. provides notification to and obtains
consent of the competent authorities in the third country, the original
exporting country, and new transit countries. The notification must comply with
the notice and consent procedures in §262.83 for all concerned countries and the
original exporting country. The competent authorities of the original exporting
country as well as the competent authorities of all other concerned countries
have 30 days to object to the proposed movement.
(i) The 30-day period begins once the competent authorities of both the
initial exporting country and new importing country issue Acknowledgements of
Receipt of the notification.
(ii) The transfrontier movement may commence if no objection has been lodged
after the 30-day period has passed or immediately after written consent is
received from all relevant OECD importing and transit countries.
(2) Re-export of waste subject to the red-list control system from the
original importing country to a third country listed in §262.58(a)(1) may occur
only following notification of the competent authorities of the third country,
the original exporting country, and new transit countries by a notifier in the
original importing country in accordance with §262.83. The transfrontier
movement may not proceed until receipt by the original importing country of
written consent from the competent authorities of the third country, the
original exporting country, and new transit countries.
(3) In the case of re-export of amber or red-list wastes to a country other
than those in §262.58(a)(1), notification to and consent of the competent
authorities of the original OECD member country of export and any OECD member
countries of transit is required as specified in paragraphs (c)(1) and (c)(2) of
this section in addition to compliance with all international agreements and
arrangements to which the first importing OECD member country is a party and all
applicable regulatory requirements for exports from the first importing country.
[TOP] §262.83
Notification and consent.
(a) Applicability. Consent must be obtained from the competent
authorities of the relevant OECD importing and transit countries prior to
exporting hazardous waste destined for recovery operations subject to this
Subpart. Hazardous wastes subject to amber-list controls are subject to the
requirements of paragraph (b) of this section; hazardous wastes subject to
red-list controls are subject to the requirements of paragraph (c) of this
section; and wastes not identified on any list are subject to the requirements
of paragraph (d) of this section.
(b) Amber-list wastes. The export from the U.S. of hazardous wastes as
described in §262.80(a) that appear on the amber list is prohibited unless the
notification and consent requirements of paragraph (b)(1) or paragraph (b)(2) of
this section are met.
(1) Transactions requiring specific consent:
(i) Notification. At least 45 days prior to commencement of the
transfrontier movement, the notifier must provide written notification in
English of the proposed transfrontier movement to the Office of Enforcement and
Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and
Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, with the words "Attention: OECD Export Notification"
prominently displayed on the envelope. This notification must include all of the
information identified in paragraph (e) of this section. In cases where wastes
having similar physical and chemical characteristics, the same United Nations
classification, and the same RCRA waste codes are to be sent periodically to the
same recovery facility by the same notifier, the notifier may submit one
notification of intent to export these wastes in multiple shipments during a
period of up to one year.
(ii) Tacit consent. If no objection has been lodged by any concerned
country (i.e., exporting, importing, or transit countries) to a
notification provided pursuant to paragraph (b)(1)(i) of this section within 30
days after the date of issuance of the Acknowledgment of Receipt of notification
by the competent authority of the importing country, the transfrontier movement
may commence. Tacit consent expires one calendar year after the close of the 30
day period; renotification and renewal of all consents is required for exports
after that date.
(iii) Written consent. If the competent authorities of all the
relevant OECD importing and transit countries provide written consent in a
period less than 30 days, the transfrontier movement may commence immediately
after all necessary consents are received. Written consent expires for each
relevant OECD importing and transit country one calendar year after the date of
that country's consent unless otherwise specified; renotification and renewal of
each expired consent is required for exports after that date.
(2) Shipments to facilities pre-approved by the competent authorities of the
importing countries to accept specific wastes for recovery:
(i) The notifier must provide EPA the information identified in paragraph (e)
of this section in English, at least 10 days in advance of commencing shipment
to a pre-approved facility. The notification should indicate that the recovery
facility is pre-approved, and may apply to a single specific shipment or to
multiple shipments as described in paragraph (b)(1)(i) of this section. This
information must be sent to the Office of Enforcement and Compliance Assurance,
Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, with the words "OECD Export Notification -- Pre-approved Facility"
prominently displayed on the envelope.
(ii) Shipments may commence after the notification required in paragraph
(b)(1)(i) of this section has been received by the competent authorities of all
concerned countries, unless the notifier has received information indicating
that the competent authorities of one or more concerned countries objects to the
shipment.
(c) Red-list wastes. The export from the U.S. of hazardous wastes as
described in §262.80(a) that appear on the red list is prohibited unless notice
is given pursuant to paragraph (b)(1)(i) of this section and the notifier
receives written consent from the importing country and any transit
countries prior to commencement of the transfrontier movement.
(d) Unlisted wastes. Wastes not assigned to the green, amber, or red
list that are considered hazardous under U.S. national procedures as defined in
§262.80(a) are subject to the notification and consent requirements established
for red-list wastes in accordance with paragraph (c) of this section. Unlisted
wastes that are not considered hazardous under U.S. national procedures as
defined in §262.80(a) are not subject to amber or red controls when exported or
imported.
(e) Notification information. Notifications submitted under this
section must include:
(1) Serial number or other accepted identifier of the notification form;
(2) Notifier name and EPA identification number (if applicable), address, and
telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax numbers,
and technologies employed;
(4) Consignee name (if not the owner or operator of the recovery facility)
address, and telephone and telefax numbers; whether the consignee will engage in
waste exchange or storage prior to delivering the waste to the final recovery
facility and identification of recovery operations to be employed at the final
recovery facility;
(5) Intended transporters and/or their agents;
(6) Country of export and relevant competent authority, and point of
departure;
(7) Countries of transit and relevant competent authorities and points of
entry and departure;
(8) Country of import and relevant competent authority, and point of entry;
(9) Statement of whether the notification is a single notification or a
general notification. If general, include period of validity requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber or red and
waste list code), descriptions of each waste type, estimated total quantity of
each, RCRA waste code, and United Nations number for each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the best of
my knowledge. I also certify that legally-enforceable written contractual
obligations have been entered into, and that any applicable insurance or other
financial guarantees are or shall be in force covering the transfrontier
movement. Name: _____ Signature: _____ Date:_____
Note to paragraph (e)(12): The U.S. does not currently require
financial assurance; however, U.S. exporters may be asked by other governments
to provide and certify to such assurance as a condition of obtaining consent to
a proposed movement.
[TOP] §262.84
Tracking document.
(a) All U.S. parties subject to the contract provisions of §262.85 must
ensure that a tracking document meeting the conditions of §262.84(b) accompanies
each transfrontier shipment of wastes subject to amber-list or red-list controls
from the initiation of the shipment until it reaches the final recovery
facility, including cases in which the waste is stored and/or exchanged by the
consignee prior to shipment to the final recovery facility, except as provided
in §§262.84(a)(1) and (2).
(1) For shipments of hazardous waste within the U.S. solely by water (bulk
shipments only) the generator must forward the tracking document with the
manifest to the last water (bulk shipment) transporter to handle the waste in
the U.S. if exported by water, (in accordance with the manifest routing
procedures at §262.23(c)).
(2) For rail shipments of hazardous waste within the U.S. which originate at
the site of generation, the generator must forward the tracking document with
the manifest (in accordance with the routing procedures for the manifest in
§262.23(d)) to the next non-rail transporter, if any, or the last rail
transporter to handle the waste in the U.S. if exported by rail.
(b) The tracking document must include all information required under §262.83
(for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax numbers of
primary exporter.
(3) Company name and EPA ID number of all transporters.
(4) Identification (license, registered name or registration number) of means
of transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection to the
shipment has been lodged as follows:
I certify that the above information is complete and correct to the best of
my knowledge. I also certify that legally-enforceable written contractual
obligations have been entered into, that any applicable insurance or other
financial guarantees are or shall be in force covering the transfrontier
movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed at a recovery facility within the OECD area and
no objection has been received from any of the concerned countries within the 30
day tacit consent period; OR
3. The shipment is directed at a recovery facility pre-authorized for that
type of waste within the OECD area; such an authorization has not been revoked,
and no objection has been received from any of the concerned countries.
(delete sentences that are not applicable) Name: _____ Signature: _____
Date:_____
(7) Appropriate signatures for each custody transfer (e.g. transporter,
consignee, and owner or operator of the recovery facility).
(c) Notifiers also must comply with the special manifest requirements of 40
CFR 262.54(a), (b), (c), (e), and (i) and consignees must comply with the import
requirements of 40 CFR part 262, subpart F.
(d) Each U.S. person that has physical custody of the waste from the time the
movement commences until it arrives at the recovery facility must sign the
tracking document (e.g. transporter, consignee, and owner or operator of
the recovery facility).
(e) Within 3 working days of the receipt of imports subject to this Subpart,
the owner or operator of the U.S. recovery facility must send signed copies of
the tracking document to the notifier, to the Office of Enforcement and
Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and
Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, and to the competent authorities of the exporting and
transit countries.
[TOP] §262.85
Contracts.
(a) Transfrontier movements of hazardous wastes subject to amber or red
control procedures are prohibited unless they occur under the terms of a valid
written contract, chain of contracts, or equivalent arrangements (when the
movement occurs between parties controlled by the same corporate or legal
entity). Such contracts or equivalent arrangements must be executed by the
notifier and the owner or operator of the recovery facility, and must specify
responsibilities for each. Contracts or equivalent arrangements are valid for
the purposes of this section only if persons assuming obligations under the
contracts or equivalent arrangements have appropriate legal status to conduct
the operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements must specify the name and EPA ID
number, where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes; and
(4) The recovery facility.
(c) Contracts or equivalent arrangements must specify which party to the
contract will assume responsibility for alternate management of the wastes if
its disposition cannot be carried out as described in the notification of intent
to export. In such cases, contracts must specify that:
(1) The person having actual possession or physical control over the wastes
will immediately inform the notifier and the competent authorities of the
exporting and importing countries and, if the wastes are located in a country of
transit, the competent authorities of that country; and
(2) The person specified in the contract will assume responsibility for the
adequate management of the wastes in compliance with applicable laws and
regulations including, if necessary, arranging their return to the original
country of export.
(d) Contracts must specify that the consignee will provide the notification
required in §262.82(c) prior to re-export of controlled wastes to a third
country.
(e) Contracts or equivalent arrangements must include provisions for
financial guarantees, if required by the competent authorities of any concerned
country, in accordance with applicable national or international law
requirements. >
NOTE TO PARAGRAPH (e): Financial guarantees so required are intended to
provide for alternate recycling, disposal or other means of sound management of
the wastes in cases where arrangements for the shipment and the recovery
operations cannot be carried out as foreseen. The U.S. does not require such
financial guarantees at this time; however, some OECD countries do. It is the
responsibility of the notifier to ascertain and comply with such requirements;
in some cases, transporters or consignees may refuse to enter into the necessary
contracts absent specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements must contain provisions requiring
each contracting party to comply with all applicable requirements of this
subpart.
(g) Upon request by EPA, U.S. notifiers, consignees, or recovery facilities
must submit to EPA copies of contracts, chain of contracts, or equivalent
arrangements (when the movement occurs between parties controlled by the same
corporate or legal entity). Information contained in the contracts or equivalent
arrangements for which a claim of confidentiality is asserted accordance with 40
CFR 2.203(b) will be treated as confidential and will be disclosed by EPA only
as provided in 40 CFR 260.2.
NOTE TO PARAGRAPH (g): Although the U.S. does not require routine submission
of contracts at this time, OECD Council Decision C(92)39/FINAL allows members to
impose such requirements. When other OECD countries require submission of
partial or complete copies of the contract as a condition to granting consent to
proposed movements, EPA will request the required information; absent submission
of such information, some OECD countries may deny consent for the proposed
movement.
[TOP] §262.86
Provisions relating to recognized traders.
(a) A recognized trader who takes physical custody of a waste and conducts
recovery operations (including storage prior to recovery) is acting as the owner
or operator of a recovery facility and must be so authorized in accordance with
all applicable Federal laws.
(b) A recognized trader acting as a notifier or consignee for transfrontier
shipments of waste must comply with all the requirements of this Subpart
associated with being a notifier or consignee.
[TOP] §262.87
Reporting and recordkeeping.
(a) Annual reports. For all waste movements subject to this Subpart,
persons (e.g. , notifiers, recognized traders) who meet the definition of
primary exporter in §262.51 shall file an annual report with the Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460, no later than March 1 of each
year summarizing the types, quantities, frequency, and ultimate destination of
all such hazardous waste exported during the previous calendar year. (If the
primary exporter is required to file an annual report for waste exports that are
not covered under this Subpart, he may include all export information in one
report provided the following information on exports of waste destined for
recovery within the designated OECD member countries is contained in a separate
section). Such reports shall include the following:
(1) The EPA identification number, name, and mailing and site address of the
notifier filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a
description of the hazardous waste, the EPA hazardous waste number (from 40 CFR
part 261, subpart C or D), designation of waste type(s) from OECD waste list and
applicable waste code from the OECD lists, DOT hazard class, the name and U.S.
EPA identification number (where applicable) for each transporter used, the
total amount of hazardous waste shipped pursuant to this Subpart, and number of
shipments pursuant to each notification;
(5) In even numbered years, for each hazardous waste exported, except for
hazardous waste produced by exporters of greater than 100kg but less than 1000kg
in a calendar month, and except for hazardous waste for which information was
already provided pursuant to §262.41:
(i) A description of the efforts undertaken during the year to reduce the
volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of the waste
actually achieved during the year in comparison to previous years to the extent
such information is available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter that
states:
I certify under penalty of law that I have personally examined and am
familiar with the information submitted in this and all attached documents, and
that based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information including the possibility of fine and imprisonment.
(b) Exception reports. Any person who meets the definition of primary
exporter in §262.51 must file an exception report in lieu of the requirements of
§262.42 with the Administrator if any of the following occurs:
(1) He has not received a copy of the tracking documentation signed by the
transporter stating point of departure of the waste from the United States,
within forty-five (45) days from the date it was accepted by the initial
transporter;
(2) Within ninety (90) days from the date the waste was accepted by the
initial transporter, the notifier has not received written confirmation from the
recovery facility that the hazardous waste was received;
(3) The waste is returned to the United States.
(c) Recordkeeping. (1) Persons who meet the definition of primary
exporter in §262.51 shall keep the following records: §262.89
(i) A copy of each notification of intent to export and all written consents
obtained from the competent authorities of concerned countries for a period of
at least three years from the date the hazardous waste was accepted by the
initial transporter;
(ii) A copy of each annual report for a period of at least three years from
the due date of the report; and
(iii) A copy of any exception reports and a copy of each confirmation of
delivery (i.e. , tracking documentation) sent by the recovery facility to
the notifier for at least three years from the date the hazardous waste was
accepted by the initial transporter or received by the recovery facility,
whichever is applicable.
(2) The periods of retention referred to in this section are extended
automatically during the course of any unresolved enforcement action regarding
the regulated activity or as requested by the Administrator.
[TOP] §262.88
Pre-approval for U.S. Recovery Facilities. [Reserved]
[TOP] §262.89
OECD Waste Lists.
(a) General. For the purposes of this Subpart, a waste is considered
hazardous under U.S. national procedures, and hence subject to this Subpart, if
the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR 261.3; and
(2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR
part 262, subpart B, to the universal waste management standards of 40 CFR part
273, or to State requirements analogous to 40 CFR part 273.
(b) If a waste is hazardous under paragraph (a) of this section and it
appears on the amber or red list, it is subject to amber- or red-list
requirements respectively;
(c) If a waste is hazardous under paragraph (a) of this section and it does
not appear on either amber or red lists, it is subject to red-list requirements.
(d) The appropriate control procedures for hazardous wastes and hazardous
waste mixtures are addressed in §262.82.
(e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes
and Red List of Wastes (both revised May 1993) as set forth in Appendix 3,
Appendix 4 and Appendix 5, respectively, to the OECD Council Decision
C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations) are incorporated by reference. These
incorporations by reference were approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on July 11, 1996.
These materials are incorporated as they exist on the date of the approval and a
notice of any change in these materials will be published in the FEDERAL
REGISTER. The materials are available for inspection at: the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC; the
U.S. Environmental Protection Agency, RCRA Information Center (RIC), 1235
Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket #
F-94-IEHF-FFFFF) and may be obtained from the Organisation for Economic
Co-operation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775
Paris Cedex 16, France.
Subpart I -- New York State Public Utilities
Source: 64
FR 37636 , July 12, 1999, unless otherwise noted.
[TOP] §262.90
Project XL for Public Utilities in New York State.
(a) The following definitions apply to this section:
(1) A Utility is any company that operates wholesale and/or retail oil
and gas pipelines, or any company that provides electric power or telephone
service and is regulated by New York State's Public Service Commission or the
New York Power Authority.
(2) A right-of-way is a fixed, integrated network of aboveground or
underground conveyances, including land structures, fixed equipment, and other
appurtenances, controlled or owned by a Utility, and used for the purpose of
conveying its products or services to customers.
(3) A remote location is a location in New York State within a
Utility's right-of-way network that is not permanently staffed.
(4) A Utility's central collection facility (UCCF) is a Utility-owned
facility within the Utility's right-of-way network to which hazardous waste,
generated by the Utility at remote locations within the same right-of-way
network, is brought.
(b) A UCCF designated pursuant to paragraph (e) of this section may
consolidate hazardous waste (with the exception of mixed waste) generated by
that Utility at its remote locations (and at that UCCF) for up to 90 days
without a permit or without having interim status, provided that:
(1) The Utility complies with all applicable requirements for generators in
40 CFR part 262 (except §262.34 (d) through (f)) for hazardous waste generated
at its remote locations and at the UCCF, including the manifest and pretransport
requirements for all shipments greater than 100 kilograms sent from a remote
location to a UCCF.
(2) The Utility transports the hazardous waste from the remote location to a
UCCF immediately after collection of all hazardous waste at the remote location
is complete or when the staff collecting the hazardous waste leave the remote
location, whichever comes first.
(3) The Utility complies with all applicable requirements for transporters in
40 CFR part 263 for each shipment of hazardous waste greater than 100 kilograms
which is sent from remote location to the UCCF, and all applicable Department of
Transportation requirements.
(4)(i) The Utility complies with 40 CFR 262.34 (a) through (c), regardless of
the total quantity of hazardous waste generated or consolidated at the UCCF per
calendar month;
(ii) The Utility complies with 40 CFR 264.178; and
(iii) Secondary containment is provided for all liquid hazardous waste
consolidated in containers if:
(A) The UCCF is consolidating 8,800 gallons or more of liquid hazardous
waste, or
(B) The UCCF is consolidating 185 gallons or more of liquid hazardous waste
and is located in an area designated by New York State that overlays a
sole-source aquifer.
(5) The Utility submits a biennial report in accordance with 40 CFR 262.41
including all hazardous waste shipped from remote locations to the UCCF. This
UCCF biennial report may be submitted in lieu of submitting a biennial report
for each remote location. However, for hazardous waste generated at a particular
remote location that exceeds 1000 kg per calendar month and that is not sent to
the UCCF, the Utility must submit a separate biennial report.
(6) Waste generated at a remote location that is not sent to a UCCF is
managed according to the requirements of parts 260 through 270 of this chapter.
(7) The Utility maintains records at the UCCF in accordance with all the
recordkeeping requirements set forth in subpart D of 40 CFR part 262, including
40 CFR 262.40, and maintains records on any PCB test results for hazardous
wastes brought to the facility from remote locations.
(8) The UCCF obtains an EPA identification number.
(9) The UCCF receives hazardous waste only from its remote location.
(10) The Utility reinvests at least one-third of the direct savings described
in paragraph (h) of this section in one or more environmentally beneficial
projects, such as remediation or pollution prevention, that are over and above
existing legal requirements and that have not been initiated prior to the
Utility's receipt of approval to consolidate hazardous waste pursuant to this
section.
(c) Utilities seeking to have UCCFs designated under paragraph (e) of this
section must comply with the following requirements:
(1) Any New York State Utility seeking approval to consolidate hazardous
waste under this section must notify local governments and communities of the
Utility's intent to designate specific UCCFs.
(2) In carrying out paragraph (c)(1) of this section, the Utility must
solicit public comment. In soliciting public comment, the Utility must use the
notice method set forth in paragraph (c)(2)(i) of this section, as well as at
least two of the methods set forth in paragraphs (c)(2)(ii) through (vii) of
this section. Each Utility must also notify by mail all parties who commented on
the proposed rule for this XL project.
(i) A public notice in a newspaper of general circulation within the area in
which each proposed UCCF is located;
(ii) A radio announcement in each affected community during peak listening
hours;
(iii) Mailings to all citizens within a five-mile radius of proposed UCCF;
(iv) Well-publicized community meetings;
(v) Presentations to the local community board;
(vi) Placement of copies of this section and the Final Project Agreement that
explains the regulatory relief outlined in this section in the local library
nearest the proposed UCCF, and inclusion of the name and address of the library
in the newspaper notice; and
(vii) Placement of copies of this section and the Final Project Agreement
that explains the regulatory relief outlined in this section on the Utility's
web site, and inclusion of the web site's address in the newpaper notice.
(3) All outreach efforts made under paragraph (c)(2) of this section shall be
prepared in English (and any other language spoken by a large number of persons
in the community of concern) and at a minimum shall include the following
information:
(i) A brief description of the XL project, the intended new use of the
facility, and a request for comments on the proposed UCCF.
(ii) The name, if any, and address of the proposed UCCF and its current
status under the RCRA Subtitle C program.
(iii) The intended duration of use of the UCCF under the requirements of this
section.
(iv) Names, addresses, and telephone numbers of contact persons, representing
the Utility, to whom questions or comments may be directed.
(v) Notification of when the comment period of no less than 30 days will
close.
(4) Prior to the solicitation of public comment pursuant to paragraph (c)(2)
of this section, the Utility must submit copies of each notice, announcement or
mailing directly to local governments and to EPA.
(5) At the close of the comment period, the Utility shall prepare a
Responsiveness Package containing a summary of public outreach efforts, all
comments and questions received as a result of its outreach efforts, and the
Utility's written responses to all comments and questions. The Utility shall
provide copies of its Responsiveness Package to any citizens that participated
in the public notice process, local governments and EPA.
(d) Upon completion of the public notice procedures described in paragraph
(c) of this section, the Utility must provide written notice to EPA of its
intent to participate. The Notice of Intent must contain the following
information:
(1) The name of the Utility, corporate address, and corporate mailing
address, if different.
(2) The name, mailing address, and telephone number of a corporate-level
contact person to whom communications and inquiries may be directed.This contact
person may be changed by written notification to EPA.
(3) A list of the names, addresses, and EPA identification numbers, if
applicable, of all Utility-owned facilities in New York State that are proposed
UCCFs and the names and telephone numbers of a designated contact person at each
facility.
(4) A summary of public outreach efforts undertaken pursuant to paragraph (c)
of this section.
(5) A commitment that one-third of the direct cost savings outlined in
paragraph (h) of this section due to project participation will be reinvested in
one or more environmentally beneficial projects which are over and above
existing legal requirements and which have not been initiated prior to the
Utility's receipt of approval to consolidate hazardous waste pursuant to this
section.
(6) An acknowledgment that the signatory is personally familiar with the
terms and conditions of this section and has the authority to obligate and does
obligate the Utility to comply with all such terms and conditions. The Utility
shall comply with the signatory requirements set forth in 40 CFR 270.11(a)(1).
(e) The procedures for designating UCCFs are as follows:
(1) Subject to paragraphs (e)(2) through (5) of this section, the Utility and
specified UCCF shall receive approval to comply with the requirements set forth
in paragraph (b) of this section upon the receipt of written acknowledgment from
EPA that the Notice of Intent described in paragraph (d) of this section has
been received and found to be complete and in compliance with all the
requirements set forth in paragraph (d) of this section. This acknowledgment
will state whether the UCCF has been designated under this section and any
additional limitations which have been placed on the UCCF.
(2) Based on information provided and comments received during the public
notice and comment period, EPA shall prepare a response to the comments
received. The response to comments shall be attached to the acknowledgment
described in paragraph (e)(1). Both the acknowledgment and the response to
comments shall be sent to all persons who commented on the designation of the
UCCF(s) that are the subject of the acknowledgment.
(3) Based on information provided and comments received during or after the
public notice and comment period, designated UCCFs may be rejected for the
proposed use, or, if EPA determines that acceptance for the proposed use under
the conditions of paragraph (b) of this section may not fully protect human
health and the environment based on the Utility's compliance history or other
appropriate factors, the acknowledgment may impose conditions in addition to
those in paragraph (b) of this section.
(4) If EPA determines that a site-specific informational public meeting is
warranted prior to determining the acceptability of a designated UCCF, the
acknowledgment will so state.
(5) Subsequent to any public meeting, EPA may reject or prohibit UCCFs from
participating in this project based on information provided or comments received
during or after the public notice process or based on a determination that
acceptance for the proposed use under the conditions of paragraph (b) of this
section may not fully protect human health and the environment based on the
Utility's compliance history or other appropriate factors.
(f) At any time, a Utility may add or remove UCCF designations by complying
with the following requirements:
(1) A Utility may notify EPA of its intent to designate additional UCCFs.
Such a notification shall be submitted to, and processed by, EPA, in the manner
indicated in paragraphs (d) and (e) of this section.
(2) To have one or more additional UCCFs designated, the Utility must comply
with paragraph (c) of this section.
(3) A Utility can discontinue use of a facility as a UCCF by notifying EPA in
writing.
(g) Each Utility that receives approval to consolidate hazardous waste
pursuant to this section shall submit an Annual Progress Report with the
following information for the preceding year:
(1) The number of remote locations statewide for which hazardous waste was
handled in accordance with paragraph (b) of this section.
(2) The total tonnage of each type of hazardous waste handled by each UCCF.
(3) The number of remote locations statewide from which 1,000 kilograms or
more of hazardous waste were collected per calendar month.
(4) The number of remote locations statewide from which between 100 and 1,000
kilograms of hazardous waste were collected per calendar month.
(5) An estimate of the monetary value, on a Utility-wide basis, of the direct
savings realized by participation in this project. Direct savings at a minimum
include those outlined in paragraph (h) of this section.
(6) Descriptions of the environmental compliance, remediation, or pollution
prevention projects or activities into which the savings, described in paragraph
(h) of this section, have been reinvested, with an estimate of the savings
reinvested in each. Any such projects must consist of activities that are over
and above existing legal requirements and that have not been initiated prior to
the Utility's receipt of approval to consolidate hazardous waste pursuant to
this section.
(7) The addresses and EPA identification numbers for all facilities that
served as UCCFs for hazardous waste from remote locations.
(h) Utilities that receive approval to consolidate hazardous waste pursuant
to this section must assess the direct savings realized as a result. Cost
estimates shall include direct savings based on relief from any regulatory
requirements, which the facility expects to be relieved from due to compliance
with the provisions of this section including, but not limited to, the
following:
(1) Database management for each remote location as an individual generator;
(2) Biennial Report preparation costs; and/or
(3) Cost savings realized from consolidation of waste for economical shipment
(including no longer shipping waste directly to a TSD from remote locations).
(i) If any UCCF or Utility that receives approval under this section fails to
comply with any of the requirements of this section, EPA may terminate or
suspend the UCCF's or Utility's participation. EPA will provide a UCCF or
Utility with 15 days written notice of its intent to terminate or suspend
participation. During this period, the UCCF will have the opportunity to come
back into compliance or provide a written explanation as to why it was not in
compliance with the terms of this section and how it will come back into
compliance. If EPA then issues a written notice terminating or suspending
participation, the Utility must take immediate action to come into compliance
with all otherwise applicable federal requirements. EPA may also take
enforcement action against a Utility for non-compliance with the provisions of
this section.
(j) This section will expire on January 10, 2005.
Subpart J -- University Laboratories XL Project -- Laboratory
Environmental Management Standard
Source: 64
FR 53292 , Sept. 28, 1999, unless otherwise noted.
[TOP] §262.100
To what organizations does this subpart apply?
This subpart applies to an organization that meets all three of the following
conditions:
(a) It is one of the three following academic institutions: The University of
Massachusetts Boston in Boston, Massachusetts, Boston College in Chestnut Hill,
Massachusetts, or the University of Vermont in Burlington, Vermont
("Universities"); and
(b) It is a laboratory at one of the Universities (identified pursuant to
§262.105(c)(2)(ii)) where laboratory scale activities, as defined in §262.102,
result in laboratory waste; and
(c) It complies with all the requirements of this subpart.
[TOP] §262.101
What is in this subpart?
This subpart provides a framework for a new management system for wastes that
are generated in University laboratories. This framework is called the
Laboratory Environmental Management Standard. The standard includes some
specific definitions that apply to the University laboratories. It contains
specific requirements for how to handle laboratory waste that are called Minimum
Performance Criteria. The standard identifies the requirements for developing
and implementing an environmental management plan. It outlines the
responsibilities of the management staff of each participating university.
Finally, the standard identifies requirements for training people who will work
in the laboratories or manage laboratory waste. This Subpart contains
requirements for RCRA solid and hazardous waste determination, and circumstances
for termination and expiration of this pilot.
[TOP] §262.102
What special definitions are included in this subpart?
For purposes of this subpart, the following definitions apply:
Acutely Hazardous Laboratory Waste means a laboratory waste, defined
in the Environmental Management Plan as posing significant potential hazards to
human health or the environment and which must include RCRA "P" wastes, and may
include particularly hazardous substances as designated in a University's
Chemical Hygiene Plan under OSHA, or Extremely Hazardous Substances under the
Emergency Planning and Community Right to Know Act.
Emergency means any occurrence such as, but not limited to, equipment
failure, rupture of containers or failure of control equipment which results in
the potential uncontrolled release of a hazardous chemical into the environment
and which requires agency or fire department notification and/or reporting.
Environmental Management Plan (EMP) means a written program developed
and implemented by the university which sets forth standards and procedures,
responsibilities, pollution control equipment, performance criteria, resources
and work practices that both protect human health and the environment from the
hazards presented by laboratory wastes within a laboratory and between a
laboratory and the hazardous waste accumulation area, and satisfies the plan
requirements defined elsewhere in this Subpart. Certain requirements of this
plan are satisfied through the use of the Chemical Hygiene Plan (see, 29 CFR
1910.1450), or equivalent, and other relevant plans, including a waste
minimization plan. The elements of the Environmental Management Plan must be
easily accessible, but may be integrated into existing plans, incorporated as an
attachment, or developed as a separate document.
Environmental Objective means an overall environmental goal of the
organization which is verifiable.
Environmental Performance means results of the data collected pursuant
to implementation of the Environmental Management Plan as measured against
policy, objectives and targets.
Environmental Target means an environmental performance requirement of
the organization which is quantifiable, where practicable, verifiable and
designed to be achieved within a specified time frame.
Hazardous Chemical means any chemical which is a physical hazard or a
health hazard. A physical hazard means a chemical for which there is
scientifically valid evidence that it is a combustible liquid, a compressed gas,
explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable
(reactive) or water-reactive. A health hazard means a chemical for which there
is statistically significant evidence based on at least one study conducted in
accordance with established scientific principles that acute or chronic health
effects may occur in exposed employees. The term "health hazard" includes
chemicals which are carcinogens, toxic or highly toxic agents, reproductive
toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins,
neurotoxins, agents which act on the hematopoietic system and agents which
damage the lungs, skin, eyes or mucous membranes.
Hazardous Chemical of Concern means a chemical that the organization
has identified as having the potential to be of significant risk to human health
or the environment if not managed in accordance with procedures or practices
defined by the organization.
Hazardous Waste Accumulation Area means the on-site area at a
University where the University will make a solid and hazardous waste
determination with respect to laboratory wastes.
In-Line Waste Collection means a system for the automatic collection
of laboratory waste which is directly connected to or part of a laboratory scale
activity and which is constructed or operated in a manner which prevents the
release of any laboratory waste therein into the environment during collection.
Laboratory means, for the purpose of this Subpart, an area within a
facility where the laboratory use of hazardous chemicals occurs. It is a
workplace where relatively small quantities of hazardous chemicals are used on a
non-production basis. The physical extent of individual laboratories within an
organization will be defined by the Environmental Management Plan. A laboratory
may include more than a single room if the rooms are in the same building and
under the common supervision of a laboratory supervisor.
Laboratory Clean-Out means an evaluation of the chemical inventory of
a laboratory as a result of laboratory renovation, relocation or a change in
laboratory supervision that may result in the transfer of laboratory wastes to
the hazardous waste accumulation area.
Laboratory Environmental Management Standard means the provisions of
this Subpart and includes the requirements for preparation of Environmental
Management Plans and the inclusion of Minimum Performance Criteria within each
Environmental Management Plan.
Laboratory Scale means work with substances in which containers used
for reactions, transfers and other handling of substances are designed to be
safely and easily manipulated by one person. "Laboratory Scale" excludes those
workplaces whose function is to produce commercial quantities of chemicals.
Laboratory Waste means a hazardous chemical that results from
laboratory scale activities and includes the following: excess or unused
hazardous chemicals that may or may not be reused outside their laboratory of
origin; hazardous chemicals determined to be RCRA hazardous waste as defined in
40 CFR Part 261; and hazardous chemicals that will be determined not to be RCRA
hazardous waste pursuant to §262.106.
Laboratory Worker means a person who is assigned to handle hazardous
chemicals in the laboratory and may include researchers, students or
technicians.
Legal and Other Requirements means requirements imposed by, or as a
result of, governmental permits, governmental laws and regulations, judicial and
administrative enforcement orders, non-governmental legally enforceable
contracts, research grants and agreements, certification specifications, formal
voluntary commitments and organizational policies and standards.
Senior Management means senior personnel with overall responsibility,
authority and accountability for managing laboratory activities within the
organization.
Universities means the following academic institutions; University of
Vermont, Boston College, and the University of Massachusetts Boston, which are
participants in this Laboratory XL project and which are subject to the
requirements set forth in this Subpart J.
[TOP] §262.103
What is the scope of the laboratory environmental management
standard?
The Laboratory Environmental Management Standard will not affect or supersede
any legal requirements other than those described in §262.10(j). The
requirements that continue to apply include, but are not limited to, OSHA, Fire
Codes, wastewater permit limitations, emergency response notification
provisions, or other legal requirements applicable to University laboratories.
[TOP] §262.104
What are the minimum performance criteria?
The Minimum Performance Criteria that each University must meet in managing
its Laboratory Waste are:
(a) Each University must label all laboratory waste with the general hazard
class and either the words "laboratory waste" or with the chemical name of the
contents. If the container is too small to hold a label, the label must be
placed on a secondary container.
(b) Each University may temporarily hold up to 55 gallons of laboratory waste
or one quart of acutely hazardous laboratory waste, or weight equivalent, in
each laboratory, but upon reaching these thresholds, each University must mark
that laboratory waste with the date when this threshold requirement was met (by
dating the container(s) or secondary container(s)).
(c) Each university must remove all of the dated laboratory waste from the
laboratory for delivery to a location identified in paragraph (i) of this
section within 30 days of reaching the threshold amount identified in paragraph
(b) of this section.
(d) In no event shall the excess laboratory waste that a laboratory
temporarily holds before dated laboratory waste is removed exceed an additional
55 gallons of laboratory waste (or one additional quart of acutely hazardous
laboratory waste). No more than 110 gallons of laboratory waste total (or no
more than two quarts of acutely hazardous laboratory waste total) may be
temporarily held in a laboratory at any one time. Excess laboratory waste must
be dated and removed in accordance with the requirements of paragraphs (b) and
(c) of this section.
(e) Containers of laboratory wastes must be:
(1) Closed at all times except when wastes are being added to (including
during in-line waste collection) or removed from the container;
(2) Maintained in good condition and stored in the laboratory in a manner to
avoid leaks;
(3) Compatible with their contents to avoid reactions between the waste and
its container; and must be made of, or lined with, materials which are
compatible with the laboratory wastes to be temporarily held in the laboratory
so that the container is not impaired; and
(4) Inspected regularly (at least annually) to ensure that they meet
requirements for container management.
(f) The management of laboratory waste must not result in the release of
hazardous constituents into the land, air and water where such release is
prohibited under federal law.
(g) The requirements for emergency response are:
(1) Each University must post notification procedures, location of emergency
response equipment to be used by laboratory workers and evacuation procedures;
(2) Emergency response equipment and procedures for emergency response must
be appropriate to the hazards in the laboratory such that hazards to human
health and the environment will be minimized in the event of an emergency;
(3) In the event of a fire, explosion or other release of laboratory waste
which could threaten human health or the environment, the laboratory worker must
follow the notification procedures under paragraph (g)(1) of this section.
(h) Each University must investigate, document, and take actions to correct
and prevent future incidents of hazardous chemical spills, exposures and other
incidents that trigger a reportable emergency or that require reporting under
paragraph (g) of this section.
(i) Each University may only transfer laboratory wastes from a laboratory:
(1) Directly to an on-site designated hazardous waste accumulation area.
Notwithstanding 40 CFR 263.10(a), each University must comply with requirements
for transporters set forth in 40 CFR 263.30 and 263.31 in the event of a
discharge of laboratory waste en route from a laboratory to an on-site hazardous
waste accumulation area; or
(2) To a treatment, storage or disposal (TSD) facility permitted to handle
the waste under 40 CFR part 270 or in interim status under 40 CFR parts 265 and
270 (or authorized to handle the waste by a state with a hazardous waste
management program approved under 40 CFR part 271) if it is determined in the
laboratory by the individuals identified in §262.105(b)(3) to be responsible for
waste management decisions that the waste is a hazardous waste and that it is
prudent to transfer it directly to a treatment, storage, and disposal facility
rather than an on-site accumulation area.
(j) Each University must ensure that laboratory workers receive training and
are provided with information so that they can implement and comply with these
Minimum Performance Criteria.
[TOP] §262.105
What must be included in the laboratory environmental management
plan?
(a) Each University must include specific measures it will take to protect
human health and the environment from hazards associated with the management of
laboratory wastes and from the reuse, recycling or disposal of such materials
outside the laboratory.
(b) Each University must write, implement and comply with an Environmental
Management Plan that includes the following:
(1) The specific procedures to assure compliance with each of the Minimum
Performance Criteria set forth in §262.104.
(2) An environmental policy, or environmental, health and safety policy,
signed by the University's senior management, which must include commitments to
regulatory compliance, waste minimization, risk reduction and continual
improvement of the environmental management system.
(3) A description of roles and responsibilities for the implementation and
maintenance of the Laboratory Environmental Management Plan.
(4) A system for identifying and tracking legal and other requirements
applicable to laboratory waste, including the procedures for providing updates
to laboratory supervisors.
(5) Criteria for the identification of physical and chemical hazards and the
control measures to reduce the potential for releases of laboratory wastes to
the environment, including engineering controls, the use of personal protective
equipment and hygiene practices, containment strategies and other control
measures.
(6) A pollution prevention plan, including, but not limited to, roles and
responsibilities, training, pollution prevention activities, and performance
review.
(7) A system for conducting and updating annual surveys of hazardous
chemicals of concern and procedures for identifying acutely hazardous laboratory
waste.
(8) The procedures for conducting laboratory clean-outs with regard to the
safe management and disposal of laboratory wastes.
(9) The criteria that laboratory workers must comply with for managing,
containing and labeling laboratory wastes, including: an evaluation of the need
for and the use of any special containers or labeling circumstances, and the use
of laboratory wastes secondary containers including packaging, bottles, or test
tube racks.
(10) The procedures relevant to the safe and timely removal of laboratory
wastes from the laboratory.
(11) The emergency preparedness and response procedures to be implemented for
laboratory waste.
(12) Provisions for information dissemination and training, provided for in
paragraph (d) of this section.
(13) The procedures for the development and approval of changes to the
Environmental Management Plan.
(14) The procedures and work practices for safely transferring or moving
laboratory wastes from a laboratory to a location identified in §262.104(i).
(15) The procedures for regularly inspecting a laboratory to assess
conformance with the requirements of the Environmental Management Plan.
(16) The procedures for the identification of environmental management plan
noncompliance, and the assignment of responsibility, timelines and corrective
actions to prevent their reoccurrence.
(17) The record keeping requirements to document conformance with this Plan.
(c) Organizational responsibilities for each university. Each University
must:
(1) Develop and oversee implementation of its Laboratory Environmental
Management Plan.
(2) Identify the following:
(i) Annual environmental objectives and targets;
(ii) Those laboratories covered by the requirements of the Laboratory
Environmental Management Plan.
(3) Assign roles and responsibilities for the effective implementation of the
Environmental Management Plan.
(4) Determine whether laboratory wastes are solid wastes under RCRA and, if
so, whether they are hazardous.
(5) Develop, implement, and maintain:
(i) Policies, procedures and practices governing its compliance with the
Environmental Management Plan and applicable federal and state hazardous waste
regulations.
(ii) Procedures to monitor and measure relevant conformance and environmental
performance data for the purpose of supporting continual improvement of the
Environmental Management Plan.
(iii) Policies and procedures for managing environmental documents and
records applicable to this Environmental Management Standard.
(6) Ensure that:
(i) Its Environmental Management Plan is available to laboratory workers,
vendors, employee representatives, visitors, on-site contractors, and upon
request, to governmental representatives.
(ii) Personnel designated by each University to handle laboratory wastes and
RCRA hazardous waste receive appropriate training.
(iii) The Environmental Management Plan is reviewed at least annually by
senior management to ensure its continuing suitability, adequacy and
effectiveness. The reviews may include, but not be limited to, a consideration
of monitoring and measuring information, Laboratory Environmental Management
Standard performance data, assessment and audit results and other relevant
information and data.
(d) What are the Information and Training Requirements for Each University?
(1) Each University must ensure that laboratory workers receive training and
are provided with the information to understand and implement the elements of
each University's Environmental Management Plan that are relevant to the
laboratory workers' responsibilities.
(2) When must each University ensure that laboratory workers receive training
and information?
(i) Each University must provide the information to each laboratory worker
when he/she is first assigned to a work area where laboratory wastes may be
generated.
(ii) Each University must ensure that each laboratory worker has had training
within six months of when he/she is first assigned to a work area where
laboratory wastes may be generated. Each University must retrain a laboratory
worker when a laboratory waste poses a new or unique hazard for which the
laboratory worker has not received prior training and as frequently as needed to
maintain knowledge of the procedures of the Environmental Management Plan.
(3) Each University must provide an outline of training and specify who is to
receive training in its Environmental Management Plan.
(4) Each University must ensure that laboratory workers are informed of:
(i) The contents of this Subpart and the Laboratory Environmental Management
Plan(s) for the laboratory(ies) in which they will be performing work;
(ii) The location and availability of the Environmental Management Plan;
(iii) Emergency response measures applicable to laboratories;
(iv) Signs and indicators of a hazardous substance release;
(v) The location and availability of known reference materials relevant to
implementation of the Environmental Management Plan; and
(vi) Environmental training requirements applicable to laboratory workers.
(5) Each University must ensure that Laboratory workers have received
training in:
(i) Methods and observations that may be used to detect the presence or
release of a hazardous substance;
(ii) The chemical and physical hazards associated with laboratory wastes in
their work area;
(iii) The relevant measures a laboratory worker can take to protect human
health and the environment; and
(iv) Details of the Environmental Management Plan sufficient to ensure they
manage laboratory waste in accordance with the requirements of this Subpart.
(6) Requirements pertaining to Laboratory visitors:
(i) Laboratory visitors, such as on-site contractors or environmental
vendors, that require information and training under this standard must be
identified in the Environmental Management Plan.
(ii) Laboratory visitors identified in the Environmental Management Plan must
be informed of the existence and location of the Environmental Management Plan.
(iii) Laboratory visitors identified in the Environmental Management Plan
must be informed of relevant policies, procedures or work practices to ensure
compliance with the requirements of the Environmental Management Plan.
(7) Each University must define methods of providing objective evidence and
records of training and information dissemination in its Environmental
Management Plan.
[TOP] §262.106
When must a hazardous waste determination be made?
(a) For laboratory waste sent from a laboratory to an on-site hazardous waste
accumulation area, each University must evaluate the laboratory wastes to
determine whether they are solid wastes under RCRA and, if so, determine
pursuant to §262.11 (a) through (d) whether they are hazardous wastes, as soon
as the laboratory wastes reach the University's Hazardous Waste Accumulation
area(s). At this point each University must determine whether the laboratory
waste will be reused or whether it must be managed as RCRA solid or hazardous
waste.
(b) For laboratory waste that will be sent from a laboratory to a TSD
facility permitted to handle the waste, each University must evaluate such
laboratory wastes to determine whether they are solid wastes under RCRA and, if
so, determine pursuant to §262.11 (a) through (d) whether they are hazardous
wastes, prior to the 30-day deadline for removing dated laboratory waste from
the laboratory.
(c) Laboratory waste that is determined to be hazardous waste is no longer
subject to the provisions of this subpart and must be managed in accordance with
all applicable provisions of 40 CFR Parts 260 through 270.
[TOP] §262.107
Under what circumstances will a university's participation in this
environmental management standard pilot be terminated?
(a) EPA retains the right to terminate a University's participation in this
Laboratory XL project if the University:
(1) Is in non-compliance with the Minimum Performance Criteria in §262.104;
or
(2) Has actual environmental management practices in the laboratory that do
not conform to its Environmental Management Plan; or
(3) Is in non-compliance with the Hazardous Waste Determination requirements
of §262.106.
(b) In the event of termination, EPA will provide the University with 15 days
written notice of its intent to terminate. During this period, which commences
upon receipt of the notice, the University will have the opportunity to come
back into compliance with the Minimum Performance Criteria, its Environmental
Management Plan, or the requirements for making a hazardous waste determination
at §262.106 or to provide a written explanation as to why it was not in
compliance and how it intends to return to compliance. If, upon review of the
University's written explanation, EPA then re-issues a written notice
terminating the University from this XL Project, the provisions of paragraph (c)
of this section will immediately apply and the University shall have 90 days to
come into compliance with the applicable RCRA requirements deferred by
§262.10(j). During the 90-day transition period, the provisions of this subpart
shall continue to apply to the University.
(c) If a University withdraws from this XL project, or receives a notice of
termination pursuant to this section, it must submit to EPA and the state a
schedule for returning to full compliance with RCRA requirements at the
laboratory level. The schedule must show how the University will return to full
compliance with RCRA within 90 days from the date of the notice of termination
or withdrawal.
[TOP] §262.108
When will this subpart expire?
This subpart will expire on September 30, 2003.
Appendix to Part 262 -- Uniform Hazardous Waste Manifest and
Instructions (EPA Forms 8700-22 and 8700-22A and Their
Instructions)
U.S. EPA Form 8700-22
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite) typerwriter; a firm
point pen may also be used -- press down hard.
Federal regulations require generators and transporters of hazardous waste
and owners or operators of hazardous waste treatment, storage, and disposal
facilities to use this form (8700-22) and, if necessary, the continuation sheet
(Form 8700-22A) for both inter and intrastate transportation.
Federal regulations also require generators and transporters of hazardous
waste and owners or operators of hazardous waste treatment, storage and disposal
facilities to complete the following information:
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The following statement must be included with each Uniform Hazardous Waste
Manifest, either on the form, in the instructions to the form, or accompanying
the form:
Public reporting burden for this collection of information is estimated to
average: 37 minutes for generators, 15 minutes for transporters, and 10 minutes
for treatment, storage and disposal facilities. This includes time for reviewing
instructions, gathering data, and completing and reviewing the form. Send
comments regarding the burden estimate, including suggestions for reducing this
burden, to: Chief, Information Policy Branch, PM-223, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the
Office of Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
GENERATORS
Item 1. Generator's U.S. EPA ID Number -- Manifest Document
Number
Enter the generator's U.S. EPA twelve digit identification number and the
unique five digit number assigned to this Manifest (e.g., 00001) by the
generator.
Item 2. Page 1 of -- --
Enter the total number of pages used to complete this Manifest, i.e., the
first page (EPA Form 8700-22) plus the number of Continuation Sheets (EPA Form
8700-22A), if any.
Item 3. Generator's Name and Mailing Address
Enter the name and mailing address of the generator. The address should be
the location that will manage the returned Manifest forms.
Item 4. Generator's Phone Number
Enter a telephone number where an authorized agent of the generator may be
reached in the event of an emergency.
Item 5. Transporter 1 Company Name
Enter the company name of the first transporter who will transport the waste.
Item 6. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the first
transporter identified in item 5.
Item 7. Transporter 2 Company Name
If applicable, enter the company name of the second transporter who will
transport the waste. If more than two transporters are used to transport the
waste, use a Continuation Sheet(s) (EPA Form 8700-22A) and list the transporters
in the order they will be transporting the waste.
Item 8. U.S. EPA ID Number
If applicable, enter the U.S. EPA twelve digit identification number of the
second transporter identified in item 7.
Note: If more than two transporters are used, enter each additional
transporter's company name and U.S. EPA twelve digit identification number in
items 24-27 on the Continuation Sheet (EPA Form 8700-22A). Each Continuation
Sheet has space to record two additional transporters. Every transporter used
between the generator and the designated facility must be listed.
Item 9. Designated Facility Name and Site Address
Enter the company name and site address of the facility designated to receive
the waste listed on this Manifest. The address must be the site address, which
may differ from the company mailing address.
Item 10. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the designated
facility identified in item 9.
Item 11. U.S. DOT Description [Including Proper Shipping Name, Hazard
Class, and ID Number (UN/NA)]
Enter the U.S. DOT Proper Shipping Name, Hazard Class, and ID Number (UN/NA)
for each waste as identified in 49 CFR 171 through 177.
Note: If additional space is needed for waste descriptions, enter
these additional descriptions in item 28 on the Continuation Sheet (EPA Form
8700-22A).
Item 12. Containers (No. and Type)
Enter the number of containers for each waste and the appropriate
abbreviation from Table I (below) for the type of container.
TABLE I -- TYPES OF CONTAINERS
DM=Metal drums, barrels, kegs
DW=Wooden drums, barrels, kegs
DF=Fiberboard or plastic drums, barrels, kegs
TP=Tanks portable
TT=Cargo tanks (tank trucks)
TC=Tank cars
DT=Dump truck
CY=Cylinders
CM=Metal boxes, cartons, cases (including roll-offs)
CW=Wooden boxes, cartons, cases
CF=Fiber or plastic boxes, cartons, cases
BA=Burlap, cloth, paper or plastic bags
Item 13. Total Quantity
Enter the total quantity of waste described on each line.
Item 14. Unit (Wt./Vol.)
Enter the appropriate abbreviation from Table II (below) for the unit of
measure.
TABLE II -- UNITS OF MEASURE
G=Gallons (liquids only)
P=Pounds
T=Tons (2000 lbs)
Y=Cubic yards
L=Liters (liquids only)
K=Kilograms
M=Metric tons (1000 kg)
N=Cubic meters
Item 15. Special Handling Instructions and Additional
Information
Generators may use this space to indicate special transportation, treatment,
storage, or disposal information or Bill of Lading information. States may not
require additional, new, or different information in this space. For
international shipments, generators must enter in this space the point of
departure (City and State) for those shipments destined for treatment, storage,
or disposal outside the jurisdiction of the United States.
Item 16. Generator's Certification
The generator must read, sign (by hand), and date the certification
statement. If a mode other than highway is used, the word "highway"
should be lined out and the appropriate mode (rail, water, or air) inserted in
the space below. If another mode in addition to the highway mode is used,
enter the appropriate additional mode (e.g., and rail ) in the space
below.
Primary exporters shipping hazardous wastes to a facility located outside of
the United States must add to the end of the first sentence of the certification
the following words "and conforms to the terms of the EPA Acknowledgment of
Consent to the shipment."
In signing the waste minimization certification statement, those generators
who have not been exempted by statute or regulation from the duty to make a
waste minimization certification under section 3002(b) of RCRA are also
certifying that they have complied with the waste minimization requirements.
Generators may preprint the words, "On behalf of" in the signature block or
may hand write this statement in the signature block prior to signing the
generator certifications.
Note: All of the above information except the handwritten
signature required in item 16 may be preprinted.
TRANSPORTERS
Item 17. Transporter 1 Acknowledgement of Receipt of
Materials
Enter the name of the person accepting the waste on behalf of the first
transporter. That person must acknowledge acceptance of the waste described on
the Manifest by signing and entering the date of receipt.
Item 18. Transporter 2 Acknowledgement of Receipt of
Materials
Enter, if applicable, the name of the person accepting the waste on behalf of
the second transporter. That person must acknowledge acceptance of the waste
described on the Manifest by signing and entering the date of receipt.
Note: International Shipments -- Transporter Responsibilities.
Exports -- Transporters must sign and enter the date the waste left
the United States in item 15 of Form 8700-22.
Imports -- Shipments of hazardous waste regulated by RCRA and
transported into the United States from another country must upon entry be
accompanied by the U.S. EPA Uniform Hazardous Waste Manifest. Transporters who
transport hazardous waste into the United States from another country are
responsible for completing the Manifest (40 CFR 263.10(c)(1)).
OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL
FACILITIES
Item 19. Discrepancy Indication Space
The authorized representative of the designated (or alternate) facility's
owner or operator must note in this space any significant discrepancy between
the waste described on the Manifest and the waste actually received at the
facility.
Owners and operators of facilities located in unauthorized States (i.e., the
U.S. EPA administers the hazardous waste management program) who cannot resolve
significant discrepancies within 15 days of receiving the waste must submit to
their Regional Administrator (see list below) a letter with a copy of the
Manifest at issue describing the discrepancy and attempts to reconcile it (40
CFR 264.72 and 265.72).
Owners and operators of facilities located in authorized States (i.e., those
States that have received authorization from the U.S. EPA to administer the
hazardous waste program) should contact their State agency for information on
State Discrepancy Report requirements.
EPA REGIONAL ADMINISTRATORS
Regional Administrator, U.S. EPA Region I, J.F. Kennedy Fed. Bldg., Boston,
MA 02203
Regional Administrator, U.S. EPA Region II, 26 Federal Plaza, New York, NY
10278
Regional Administrator, U.S. EPA Region III, 6th and Walnut Sts.,
Philadelphia, PA 19106
Regional Administrator, U.S. EPA Region IV, 345 Courtland St., NE., Atlanta,
GA 30365
Regional Administrator, U.S. EPA Region V, 77 West Jackson Blvd., Chicago, IL
60604
Regional Administrator, U.S. EPA Region VI, 1201 Elm Street, Dallas, TX 75270
Regional Administrator, U.S. EPA Region VII, 324 East 11th Street, Kansas
City, MO 64106
Regional Administrator, U.S. EPA Region VIII, 1860 Lincoln Street, Denver, CO
80295
Regional Administrator, U.S. EPA Region IX, 215 Freemont Street, San
Francisco, CA 94105
Regional Administrator, U.S. EPA Region X, 1200 Sixth Avenue, Seattle, WA
98101
Item 20. Facility Owner or Operator: Certification of Receipt of
Hazardous Materials Covered by This Manifest Except as Noted in Item
19
Print or type the name of the person accepting the waste on behalf of the
owner or operator of the facility. That person must acknowledge acceptance of
the waste described on the Manifest by signing and entering the date of receipt.
Items A-K are not required by Federal regulations for intra- or interstate
transportation. However, States may require generators and owners or operators
of treatment, storage, or disposal facilities to complete some or all of items
A-K as part of State manifest reporting requirements. Generators and owners and
operators of treatment, storage, or disposal facilities are advised to contact
State officials for guidance on completing the shaded areas of the Manifest.
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INSTRUCTIONS -- CONTINUATION SHEET, U.S. EPA FORM 8700-22A
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite) typewriter; a firm
point pen may also be used -- press down hard.
This form must be used as a continuation sheet to U.S. EPA Form 8700-22 if:
• More than two transporters are to be used to
transport the waste;
• More space is required for the U.S. DOT description
and related information in Item 11 of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous waste
and owners or operators of hazardous waste treatment, storage, or disposal
facilities to use the uniform hazardous waste manifest (EPA Form 8700-22) and,
if necessary, this continuation sheet (EPA Form 8700-22A) for both inter- and
intrastate transportation.
GENERATORS
Item 21. Generator's U.S. EPA ID Number -- Manifest Document
Number
Enter the generator's U.S. EPA twelve digit identification number and the
unique five digit number assigned to this Manifest (e.g., 00001) as it appears
in item 1 on the first page of the Manifest.
Item 22. Page -- --
Enter the page number of this Continuation Sheet.
Item 23. Generator's Name
Enter the generator's name as it appears in item 3 on the first page of the
Manifest.
Item 24. Transporter -- -- Company Name
If additional transporters are used to transport the waste described on this
Manifest, enter the company name of each additional transporter in the order in
which they will transport the waste. Enter after the word "Transporter" the
order of the transporter. For example, Transporter 3 Company Name. Each
Continuation Sheet will record the names of two additional transporters.
Item 25. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the transporter
described in item 24.
Item 26. Transporter -- -- Company Name
If additional transporters are used to transport the waste described on this
Manifest, enter the company name of each additional transporter in the order in
which they will transport the waste. Enter after the word "Transporter" the
order of the transporter. For example, Transporter 4 Company Name. Each
Continuation Sheet will record the names of two additional transporters.
Item 27. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the transporter
described in item 26.
Item 28. U.S. DOT Description Including Proper Shipping Name,
Hazardous Class, and ID Number (UN/NA)
Refer to item 11.
Item 29. Containers (No. and Type)
Refer to item 12.
Item 30. Total Quantity
Refer to item 13.
Item 31. Unit (Wt./Vol.)
Refer to item 14.
Item 32. Special Handling Instructions
Generators may use this space to indicate special transportation, treatment,
storage, or disposal information or Bill of Lading information. States are
not authorized to require additional, new, or different information in
this space.
TRANSPORTERS
Item 33. Transporter -- -- Acknowledgement of Receipt of
Materials
Enter the same number of the Transporter as identified in item 24. Enter also
the name of the person accepting the waste on behalf of the Transporter (Company
Name) identified in item 24. That person must acknowledge acceptance of the
waste described on the Manifest by signing and entering the date of receipt.
Item 34. Transporter -- -- Acknowledgement of Receipt of
Materials
Enter the same number as identified in item 26. Enter also the name of the
person accepting the waste on behalf of the Transporter (Company Name)
identified in item 26. That person must acknowledge acceptance of the waste
described on the Manifest by signing and entering the date of receipt.
OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL
FACILITIES
Item 35. Discrepancy Indication Space
Refer to item 19.
Items L-R are not required by Federal regulations for intra- or interstate
transportation. However, States may require generators and owners or operators
of treatment, storage, or disposal facilities to complete some or all of items
L-R as part of State manifest reporting requirements. Generators and owners and
operators of treatment, storage, or disposal facilities are advised to contact
State officials for guidance on completing the shaded areas of the manifest.
[49 FR 10501, Mar. 20, 1984, as amended at 51 FR 28685, Aug. 8, 1986;
51 FR 35192, Oct. 1, 1986; 53 FR 45091, Nov. 8, 1988; 62 FR 1834, Jan. 14,
1997]