Document v6rEa8jwGK71nLwgJpqNvmmdE

Monday May 19, 1980 Part IV Environmental Protection Agency Hazardous Waste Management System Proposal To Modify 40 CFR Part 261-- Hazardous Waste Lists oa 9 33136 Federal Register / Vol. 45, No. 98 / Monday, May 19,1980 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 FRL 1471-41 Identification and Listing of Hazardous Wastes agency: Environmental Protection Agency. acti N: Proposed rule. Summary: The Environmental Protection Agency (EPA) is proposing to add eleven wastes to the interim final list of hazardous wastes which it is promulgating today under Section 3001 of the Resource Conservation and Recovery Act of 1976, as amended (RCRA). The effect of adding these wastes to the hazardous waste list will be to make them subject to the management standards issued by EPA under Sections 3002 through 3006 and 3010 of RCRA (Parts 262 through 265.122 through 124 of this Chapter and 45 FR 12746). dates: EPA will accept public comments on the proposed listings until July 18.1980. Any person may request a hearing on this proposal by filing a request with John P. Lehman, whose address appears below, by June 9,1980. The request must contain the information prescribed in 260.20(d) of |fcis chapter. Bdresses: Comments and requests for nearing should be addressed to John P. Lehman, Director, Hazardous and Industrial Waste Division, Office of Solid Waste [WH-565J, U.S. Environmental Protection Agency, Washington. D.C. 20460. Communications should identify the regulatory docket number "Section 3001." The public docket for this proposed rulemaking is located in Room 2711, U.S. Environmental Protection Agency, 401 M Street. S.W.. Washington, D.C. 20460 and is available for viewing from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays. FOR FURTHER INFORMATION CONTACT: Alan S. Corson, Office of Solid Waste (WH-565), U.S. Environmental Protection Agency. 401 M Street. S.W., Washington. D.C. 20460. (202) 755-9187, supplementary INFORMATION: Section 3001 of RCRA requires EPA to publish criteria for listing hazardous waste and to list particular hazardous wastes. In today's Federal Register EPA is promulgating interim final criteria for listing hazardous wastes ( 261.11) along with an interim final list of hazardous wastes (Part 261, Subpart D). The Agency is now proposing to expand this list of hazardous wastes to add eleven wastes which EPA has determined meet its interim final listing criteria. Included in this proposed supplemental listing are five wastes generated in the organic chemicals industry, four wastes from the manufacture of pesticides, one waste stream from the wood preserving industry and one waste stream mom the non-ferrous metals industry. All eleven of these wastes were identified by the Agency in the course of developing the necessary technical data to support the interim final hazardous waste list promulgated today. These wastes and the hazards they pose to health or the environment are: (1) Distillation bottoms and heavy ends from the production of 1,1,1trichloroethane. These two wastes contain known carcinogens, many of which are soluble in water or are volatile. If the waste is improperly managed, the carcinogens may contaminate surface water, groundwater, or air. (2) Vacuum stripper discharge from chlordene chlorinator in the production of chlordane. This waste contains dissolved or suspended highly toxic constituents which are soluble and may migrate through leaching from the waste if the waste is improperly managed. (3) Untreated wastewaterfrom the production of2,4-D. This waste contains carcinogens and mutagens which are soluble in water. If the waste is improperly managed, these constituents can contaminate surface water or groundwater. (4) Wastewater from the production of methomyl. This waste contains toxic compounds, a carcinogen and mutagenic substances. If this waste is improperly managed, these compounds could migrate from the waste and contaminate groundwater and surface water. (5) Distillation residues both light ends and bottoms from the production of phthalic anyhride from ortho-xylene. These two wastes contain toxic compounds, a known carcinogen, and a suspected carcinogen. Some of these compounds are soluble in water, and, if the waste is improperly managed, these compounds can contaminate surface water and groundwater. If the residues are improperly incinerated, these compounds (or equally or more toxic degradation products) may be emitted into the air. (6) Wastewater from wood preserving processes that use creosote and/or pentachlorophenoi This waste contains carcinogens, mutagens and toxic compounds, many of which are soluble in water or are volatile. If the waste is improperly managed, these compounds can contaminate surface water, groundwater, or air. (7) Untreated process wastewater from the production of toxaphene. This waste contains toxaphene, a carcinogenic and extremely toxic compound. If the waste is improperly managed, this compound could migrate from the waste and contaminate groundwater and surface water. (8) Process wastewater from creosote production. This waste contains a number of known carcinogens. If this waste is improperly managed, these compounds are capable of migrating and persisting in the environment and could contaminate surface water and groundwater. (9) Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting. This waste contains toxic heavy metals which, when solubilized, can contaminate surface water and groundwater if the waste is improperly managed. When surface water, groundwater, or air is contaminated, human health or the environment can be adversely affected. background document: Background documents have been prepared in support of this proposed rule. Copies are available for review in all EPA Regional office libraries, in the EPA headquarters (Public Information Reference Unit) Room 2404, Waterside Mall, 401 M Street, S.W., Washington, D.C. and in the docket located in Room 2711, Waterside Mall. 401 M Street, S.W., Washington. D.C. ECONOMIC, ENVIRONMENTAL AND REGULATORY IMPACTS: In accordance with Executive Order 11821, as amended by Executive Order 11949, and OMB Circular A-107. EPA policy as stipulated in 39 FR 37419, October 21,1974, and Executive Order 12044, analyses of the economic, environmental, and regulatory impacts were performed for the entirety of Subtitle C. EPA does not believe that amending Part 261 to add these additional wastes is a major action for the purposes of Executive Order 12044, in part because the wastes are generated by processes which produce other listed wastes and because the cost of managing those other listed wastes has already been accounted for in the final Regulatory Analysis which was prepared for the entirety of Subtitle C. However, EPA requests that any date commenters have on the generation rates of the wastes listed in the proposal, current management costs and practices for these wastes or on the cost or economic impacts of the proposed CCR 000041090 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Proposed Rules regulations be sent to John P. Lehman at the address listed above. Dated; May 2,1980. Douglas M. Costle, Administrator. It is proposed to amend Title 40 CFR. Part 261. by revising 40 CFR, Part 261, as follows: 261.32 [Amended] 1. In 261.32, add the following waste streams: industry ERA hazardous waste No' Hazardous waste Hazardous code Wood preservation Qtqtnc chemical* PesPodes..... Secondary lead Wastewater from wood preserving processes that use creosote or pentschtorophenot. Distillation bottoms from the production of 1.1,t* tnchloroethane. Heavy ends from the heavy ends cofcenn from the production of tnchkxoethane. Vacuum stnpper discharge from chlordene chlonnator in the production of chtordane. Disfcllabon hght ends from the production of phthstic anhydride from ortho* xylene. Distillation bottoms from the production of phthfthc anhydride from orthoxylene. Untreated process wastewater from the production of toxaphene. Untreated wastewater from the production of 2,4*0 Wastewater from the production of methomyl. Process wastewater from creosote production. Waste teaching aotution from sod teaching of emission control duat/sludge from secondary lead smefbng. cn. (T) (T). <T>. m. m. m. (T). m m. The ERA Hazardous waste Number wtH not be assigned until tbs listed waste i* promulgated. [FK Doc. 80-14308 Filed BILUNO CODE AMO-Q1-M fl:45 nfn| 33137 CCR 004I0,, Monday May 19, 1980 part V Environmental Protection Agency Hazardous Waste Management System Standards Applicable to Generators of Hazardous Waste ecu 000041092 33140 Federal Register / Vol. 45, No. 98 / Monday, May 19,1980 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY #:CFR Part 262 L1470-7) Standards for Generators of Hazardous Waste agency: Environmental Protection Agency. action: Final rule. summary: The Resource Conservation and Recovery Act. as amended, seeks to promote the protection of human health and the environment and to conserve valuable material and energy resources. In order to accomplish this, the Act establishes a national program to improve solid waste management, including the control of hazardous waste, the promotion of resource conservation and recovery, and the establishment of environmentally sound solid waste disposal practices. The EPA promulgated regulations establishing standards for generators of hazardous waste. These regulations were published in the Federal Register on February 26,1980 (45 FR 12722). The amendments published today are both administrative and technical changes to the regulations which are intended to 11 clarify the operation of these regulations. Areas of change include clarification of the effective date and ^npliance date of the regulation; ^Prification of the applicability of the regulations to generators which treat, store, or dispose of hazardous waste on site; a corrected citation to the Part 261 provisions establishing equivalent test methods for determining whether a waste is a hazardous waste; inclusion of a generator's requirement to designate a facility or accept the waste if it cannot be delivered to the designated or alternate facility; a technical correction concerning placarding for rail shipments: expanded requirements for accumulation time in tanks and for contingency plans; addition of the EPA mailing address for generators who are required to notify the Administrator of international shipments; a corrected citation to triple rinsing in the Farmers section; and additions to the Annual Report (EPA Forms 8700-13, 8700-13A and 8700-13B). DATES: Effective date; November 19, 1980. EPA will accept public comment on these regulations and amendments for administrative errors only (e.g,, typographical errors, inaccurate cross references) until July 18,1980. No extension in the effective date will be made, however, as a result of such comments. addresses: The official docket for this regulation is located in Room 2711, U.S. Environmental Protection Agency, 401 M Street SW., Washington, D.C., and is available for viewing from 9:00 a.m. to 4:00 p.m,, Monday through Friday, excluding holidays. For information on implementation of these regulations, contact your EPA Regional Office. FOR FURTHER INFORMATION CONTACT: For technical assistance on these regulations contact Harry W. Trask or Rolf P. Hill. Office of Solid Waste (WH563), U.S. Environmental Protection Agency, Washington, D.C. 20460 (202755-9150). For single copies of the amended Part 262 preamble and regulations published today and for copies of the February 26,1980 version which contained a more descriptive preamble of this whole Part, contact Edward Cox. Solid Waste Publications, 26 W. St. Claire, Cincinnati, Ohio 45268 (513) 684-5362. Multiple copies will be available from the Superintendent of Documents, Washington. D.C. 20402. SUPPLEMENTARY INFORMATION: I. Authority These amendments are issued under authority of sections 2002(a), 3001, 3002, 3003, 3004 and 3005 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and as amended by the Quiet Communities Act of 1978 ("RCRA" or "the Act"), 42 U.S.C. 6912(a), 6921, 6922, 6923, 6924, 6925. II. Background This regulation was published in the Federal Register in proposed form for public review and comment on December 18,1978 as 40 CFR Part 250, Subpart B (43 FR 58969 et seq.). The Agency held five public hearings and received a substantial number of written comments on the proposal. The public comment period closed on March 16, 1979. After consideration of the views of the public, the Agency promulgated the Part 262 regulations in the Federal Register February 26,1980 and promulgates these amendments today. These amendments are in two categories, administrative amendments and technical amendments. Administrative amendments are corrections or clarifications which are being made to meet the intent of Part 262 preamble and regulations. The technical amendments address the additions or changes which were specified in the February 26,1980 preamble to the Part 262 regulations- III. Amendments 1. Effective Date RCRA establishes the effective dale of Subtitle C regulations as "the date six months after the date of promulgation thereof . . ." (Section 3010(b)). Regulations implementing Section 3001 (40 CFR Part 261) identify characteristics of hazardous waste and list particular Wastes as hazardous. These regulations are essential in determining who must comply with the Subtitle C regulations. Therefore, EPA intends to make the effective date of regulations implementing Sections 3002 and 3003 six months from the date of promulgation of Part 261. Since Part 261 is promulgated today, the effective date is November 19,1980. Some confusion developed when in the Federal Register EPA stipulated that the "effective date" was August 26.1980 and that the "compliance date" was six months after the promulgation of 40 CFR Part 261. For determining the date at which generators will be subject to these regulations, the August 26,1980 date is incorrect. All generators must comply with these regulations as of November 19,1980. 2. Purpose, Scope and Applicability The generator's responsibility to comply with these regulations when treating, storing or disposing of hazardous waste on-site has been clarified. Section 262.10(b) of the February 26,1980 Federal Register stated that a generator who "treats, stores, or disposes of hazardous waste . . must only comply with certain sections of Part 262. It was the Agency's intent, as indicated in the note which followed S 262,10, that the provision only applied to generators who treat, store or dispose of hazardous waste on-site. This administrative amendment clarifies 8 262.10(b) by specifying that a generator who "treats, stores, or disposes of hazardous waste on-site . . ." must only comply with certain sections of Part 262. If he treats, stores, or disposes of all of his waste on-site, he need only comply with those specificsections of Part 262 which are identified in 8 262.10(b). As a treater, storer, or disposer, however, he must comply with 40 CFR Parts 264, 265 and 122. For those portions of hazardous waste that a generator ships off-site, he must comply with all of the Part 262 regulations. 3. Hazardous Waste Determination Section 262.11(c)(1) identified two ways for a generator to determine by testing whether the waste he generated was a hazardous waste as identified in cCr O00*!093 Federal Register / Vol. 45. No. 98 / Monday, May 19, 1980 / Rules and Regulations 33141 f Sub'i.ii I Cl of 41) CFR Part 281. The first The container management section of based on the belief that less stringent was l>v using the KPA Part Z61 tests. The the 40 CFR Part 265, Subpart I standards could jeopardize human second was using equivalent testing regulations, published elsewhere in health and the environment. methuus approved by the Administrator. The citation to the equivalent testing methods which appeared in the February 25 rule was incorrect. F.quivalent methods are now described in 40 CFR 250.21. 4 Designated Facility In the preamble to the final rules promulgated February 25, 1980, the today's Federal Register, is not cited in its entirety as applicable to the accumulation of wastes in DOT containers. Rather, only the sections requiring inspection of the accumulation area ( 265.174) and buffer zones between the container storage area and adjacent property lines (as required for ignitable and reactive wastes under 265.176) are stipulated. Since 7. Recordkeeping Section 262.40(b) which appeared in the February 26.1980 Federal Register did not specify the date from which copies of the Annual and Exception Report were to be kept for three years. This amendment initiates the three year retention period from the due date of the report (March 1). Agency discussed the generator's responsibility to either "designate another facility or instruct the transporter to return the waste" if the transporter was unable to deliver the hazardous waste to the designated facility or the alternate facility. The text of the regulation inadvertently omitted this requirement. A new subparagraph, 252.20(d), is added today which includes this requuement and makes these regulations consistent with the preamble to the final rules for this Part and the requirements of $ 263.21(b). .7. Placarding Placarding requirements are described in $ 252.33. The rule promulgated February 26 required generators to offer the appropriate placard to the initial transporter. DOT, however, has a special requirement for placarding of mil shipments (49 CFR 172.508). The shipper (generator) according to DOT is generators who ship hazardous waste off-site are already required to comply with DOT container standards (e.g., must not leak and must be compatible with the waste), these sections from Subpart I were not cited. The Agency believes that it is unnecessary and potentially confusing to require generators to comply with two very similar standards for containers. Such duplication also would not provide additional protection of human health and the environment. The proposed rule which appeared in the Federal Register December 18,1978 indicated that the Agency was seeking comments regarding the desirability of requiring contingency plans for generators who accumulated hazardous waste. The preamble to the February 26 Part 262 regulations also indicated that the Agency was considering the inclusion of such provisions for generators who accumulated hazardous 8. International Shipments The rule which was promulgated February 26,1980 required that generators who ship hazardous waste outside the jurisdiction of the United States notify the Administrator prior to the first shipment of each different hazardous waste in each calendar year. This amendment includes a specific address as a means to expedite EPA's handling of this information. In addition, the generator is specifically required to include the name and address of the foreign consignee. The regulations published elsewhere in today's Federal Register under 40 CFR Part 123 do not permit States to be authorized to receive the generator's notice ot international shipment. This amendment includes a note reminding generators that they are required to notify the Administrator, rather than the local State authority. the person responsible for properly waste on-site. This amendment requires 9. Triple Rinsing placarding a rail shipment rather than simply offering the appropriate placard. F.PA recognizes this difference and is applying the same responsibility for shipments of hazardous waste by rail. This administrative amendment clarifies the operation of 262.33 by requiring generators to placard rail shipments rather than just offering the appropriate placard. It removes an inconsistency which inadvertently occurred between that such generators comply not only with the Contingency Plan and Emergency Procedures of 40 CFR Part 265, Subpart D but also with the Preparedness and Prevention requirements of 40 CFR Part 265 Subpart C and the personnel training requirements of 265.16. These plans and. procedures are required of owners or operators of treatment, storage, or disposal facilities, The citation for triple rinsing of containers which appeared in the February 26,1980 Federal Register referenced Part 260 of the regulation. The Agency decided to include the triple rinsing provisions in Part 261 rather than in the Part 260 definitions. This amendment corrects the citation for the triple rinsing provisions. 10. Annual Reporting EPA's and DOT's regulations. and the Agency believes that there is The Annual Report for generators was 6. Accumulation Time little difference between accumulation promulgated in 262.41 of the February of hazardous waste for shipment off-site 26,1980 Federal Register. It consisted of The preamble to the regulations and storage so far as potential damage a cover form (8700-13) and a type A promulgated on February 26 stated that to human health and the environment is form (8700-13A). Each part of this "accumulation of hazardous waste in concerned. Therefore, the same Report had associated instructions. This storage tanks meeting the technical standards for protection of human report was intended for use by standards of the Part 264 and 265 health and the environment should generators who shipped hazardous regulations" would be added when apply. (The February 26 preamble and waste to an off-site treatment, storage, those standards were promulgated. This the Background Document discuss the or disposal facility. Annual Reports are amendment requires that the rationale for the accumulation also required for owners or operators of accumulation of hazardous waste in provisions in more detail.) treatment, storage, or disposal facilities. tanks meet the interim status standards Similarly, the rationale for requiring In an effort to simplify the reporting in Part 265. Subpart j (except for the all the Part 265, Subpart} requirements requirements for the regulated waste analysis and trial tests required for generators who accumulate community, the Agency has combined V for treatment tanks). Part 262 may be amended again to include the Part 264 hazardous waste on-site for 90 days or both reports into a single report with less (without obtaining a permit) and for similar instructions for each part. final standards for tanks when they are requiring certain standards for managing Accordingly, the form and instructions promulgated later this year. containers and personnel training is which were promulgated in the February CCR 0000A1094 33142 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations 26,1980 Federal Register are amended in today's Part 262. A Facility Annual Report form (8700-13B) and the sedated instructions are also mulgated today in Parts 264 and 265. The changes which appear on the first page of the Hazardous Waste Report (ERA form 8700-13) are not extensive. Section 1, (Type of Report), has been modified to include Part A for Generator Annual Reports, Part B for Facility Annual Reports, and Part C for Unmanifested Waste Reports. The major change which occurred on this form was the addition of a new Section VIII entitled Cost Estimates for Facilities. Both closure and post-closure costs for treatment, storage, or disposal facilities must now be included as required by Parts 264 and 265 promulgated today. On the Part A report, only minor heading changes have occurred (e.g., to the Waste Identification section) and a general renumbering of all sections due to the addition of the Cost Estimates for Facilities section. Also, the applicability of Part A reports to generators who ship hazardous waste off-site to facilities which they do not own or operate is clarified. Since facility owners or operators are required to file Annual Reports by Part 264, the Agency found it unnecessary to burden generators who treat, store, or dispose of hazardous wrvaste on-site by requiring them to file p nearly identical reports on the same ste. Therefore, generators who ship azardous waste off-site to a facility which they own or operate or who treat, store or dispose of hazardous waste on site are not required to file the Part A report. Rather, they are required to file the Part B report for those wastes. The amended instructions for Generator Annual Report (Part A) are included in Part 262 in today's Federal Register. The instructions for Facility Annual Reports (Part B) and Unmanifested Waste Reports (Part C) are published in Parts 264 and 265 elsewhere in today's Federal Register. 10. State Programs The preamble to the February 26.1980 regulation did not discuss the effect of EPA authorization of State programs on the applicability of these regulations. This Part applies in States which have not received interim or final authorization to operate the hazardous waste management system in lieu of the Federal program. With two exceptions, the provisions of these regulations do not apply in States which have been authorized under the provisions of 40 CFR Part 123. Section 40 CFR 123.128(d), enables States to obtain interim authorization while allowing EPA to administer and enforce the Federal manifest system as established in 40 CFR Parts 262 and 263. Further, EPA will not authorize States to receive the notice of international shipment required in 262.50. Even in States whose programs are authorized, generators shipping their hazardous waste to a foreign country will be required to notify EPA four weeks prior to the initial shipment. IV, OMB Review The preamble to the February 20,1980 regulations indicated that OMB had not completed its review of the recordkeeping and reporting provisions of the section 3002, 3003 and 3010 standards. OMB has now completed its review and has approved all of those provisions. EPA has developed an evaluation plan for the entire hazardous waste regulatory program. The plan commits EPA to an evaluation of each of those provisions and to modifying them, if necessary, based on the practical experience gained during implementation. . The provisions of | 262.34(a)(5) of this amendment pertaining to recordkeeping and reporting have been submitted to the Office of Management and Budget for review in light of the requirements of the Federal Reports Act, 44 U.S.C. 3501, et seq. Time has not permitted completion of this review. Dated: May 8,1980. Douglas M. Costle, Administrator. Title 40 CFR Part 262 is revised to read as follows: PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE Subpart A--General Sec. 262.10 Purpose, scope, and applicability. 262.11 Hazardous waste determination. 262.12 EPA identification numbers. Subpart B--The Manifest 262.20 General requirements. 262.21 Required information. 262.22 Number of copies. 262.23 Use of the manifest. Subpart C--Pre-Transport Requirements 262.30 262.31 262.32 262.33 262.34 Packaging. Labeling. Marking. Placarding. Accumulation time. Subpart D--Recordkeeping and Reporting 262.40 Recordkeeping. 262.41 Annual reporting. 262.42 Exception reporting. 262.43 Additional reporting. Subpart E--Special Conditions 262.50 International shipments. 262.51 Farmers. Appendix--Form Annua) Report (EPA Form 8700-13). Authority: Secs. 2002(a), 3001, 3002, 3(X)3, 3004. and 3005 of the Solid Wusle Disposal Act, as amended by Resource Conservation and Recovery Aci of 1976 and as amended by the Quiet Communities Act of 1978, (42 U.S.C. 6912(a), 6921. 6922, 6923. 6924. 6925) Subpart A--General 9 262.10 Purpose, scope, and applicability. (a) These regulations establish standards for generators of hazardous waste. (b) 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, S 262.12 for obtaining an EPA identification number. 262.40(c) and Id) for Recordkeeping. 262.43 for additional reporting and if applicable. 262.51 for Farmers. (c) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this Part. (d) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of 262.51 is not required to comply with other standards in this Part or 40 CFR Parts 122, 264, or 265 with respect to such pesticides. (e) 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. Note.-- 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. and 266 and Part 122. 262.11 Hazardous waata 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 and 261.5. (b) He must then determine if the waste is listed as a hazardous waste in Subpart D oi 40 CFR Part 261. Note.-- Even if the waste is listed, the generator still has an opportunity under 40 CFR 260.22 lo demonstrate to the Administrator that the waste from his Cc* 0O-U0,5 Federal Register / Vol. 45, No, 98 / Monday, May 19. 1980 / Rules and Regulations 33143 l.icilitv r oppnitinn is not .( h.t/.u(.lints waslp. |<;) II' I he waste is not listed us a hazardous waste in Subpurt D of 40 CFR Wart 261, he must 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. $ 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 $ 262.20 General requirements. (a) A generator who transports, or offers for transportation, hazardous waste for off-site treatment, storage, or disposal must prepare a manifest before transporting the waste off-site. (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 ihe 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. 262.21 Required information. (a) the manifest must contain all of the following information: (1) A manifest document number: (2) The generator's name, mailing address, telephone number, and EPA identification number: (3) The name and EPA identification number of each transporter (4) The name, address and EPA identification number of the designated facility and an alternate facility, if any: (5) The description of the waste(s) (e.g., proper shipping name, etc.) required by regulations of the U.S. Department of Transportation in 49 CFR 172.101,172.202, and 172.203: (6) The total quantity of each hazardous waste by units of weight or volume, and the type and number of containers as loaded into or onto the transport vehicle. (b) The following certification must appear on the manifest: "This is to certify that the above named materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation and the EPA." $ 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. 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 shipment of hazardous waste within the United States solely by railroad or 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. Copies of the manifest are not required for each transporter. Note.--See 5 263.20(e) for special provisions for rail or water (bulk shipment) transporters who deliver hazardous waste by rail or water to the designated facility. Subpart C--Pre-Transport Requirements $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. 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. $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------------------ $ 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. $ 262.34 Accumulation time. (a) A generator may accumulate hazardous waste on-site without a permit for 90 days or less, provided that: (1) All such waste is shipped off-site in 90 days or less; (2) The waste is placed in containers which meet the standards of 5 262.30 and are managed in accordance with 40 CFR 205.174 and 265.176 or in tanks, provided the generator complies with the requirements of Subpart J of 40 CFR Part 265 except S 265.193; (3) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container; (4) Each container is properly labeled and marked according to 262.31 and I 262.32; and (5) The generator complies with the requirements for owners or operators in Subparts C and in 40 CFR Part 265 and with 265.16. (b) A generator who accumulates hazardous waste for more than 90 days CCR 000041096 33144 Federal Register / Vol. 45, No, 98 / Monday. May 19, 1980 / Rules and Regulations is an operator of a storage facility and is subject (o the requirements of 40 CFR Parts 254 and 265 and the permit iquirements of 40 CFR Part 122. bpart D--Recordkeeping and Reporting $ 262.40 Recordkeeping. (a) A generator must keep a copy of each manifest signed in accordance with 5 262.23(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 Annual Report and Exception Report for a period of at least three years from the due date of the report (March 1). (cj 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 hv the Administrator. k62.41 Annual reporting. V(a) A generator who ships his Hazardous waste off-site must submit Annual Reports: (1) On EPA forms 8700-13 and 870013A according to the instructions on the form (See the Appendix to this Part); (2) To the Regional Administrator for the Region in which the generator is located; (3) Mo later than March 1 for the preceding calendar year. (b) Any generator who treats, stores, or disposes of hazardous waste on-site must submit an Annual Report covering those wastes in accordance with the provisions of 40 CFR Parts 264, 265, and 266 and 40 CFR Part 122. 262.42 Exception reporting. (a) A generator 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. (b) A generator 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: (1) A legible copy of the manifest for which the generator does not have confirmation of delivery; (2) 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. 262.43 Additional reporting. The Administrator, as he deems necessary under section 2002(a) and section 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. Subpart E--Special Conditions 262.50 International shipments. (a) Any person who exports hazardous waste to a foreign country or imports hazardous waste from a foreign country into the United States must comply with the requirements of this Part and with the special requirements of this section. (b) When shipping hazardous waste outside the United States, the generator must; (1) Notify the Administrator in writing four weeks before the initial shipment of hazardous waste to each country in each calendar year; (1) The waste must be identified by its EPA hazardous waste identification number and its DOT shipping description; (ii) The name and address of the foreign consignee must be included in this notice; (iii) These notices must be sent to: Hazardous Waste Export. Division for Oceans and Regulatory Affairs (A-107), United States Environmental Protection Agency, Washington, D.C. 20460. Note.--This requirement to notify will not be delegated to States authorized under 40 CFR Part 123. Therefore, all generators must notify the Administrator as required above. (2) Require that the foreign consignee confirm the delivery of the waste in the foreign country. A copy of the manifest signed by the foreign consignee may be used for this purpose: (3) Meet the requirements under 262.21 for the manifest, except that. (i) In place of the name, address, and EPA identification number of the designated facility, the name and address of the foreign consignee must lie used; (ii) The generator must identify the point oi departure from the United States through which the waste" must travel before entering a foreign countiy. (c) A generator must file an Exception Report, if. (1) He has not received a copy of tin manifest signed by the transporter stating the dale and place of depai'iiinfrom the United States within 45 days troin the date it was accepted by the initial transporter; or (2) Within 90 days from the dam die waste was accepted by the initial transporter, the generator has not received written confirmation from the foreign consignee Ih.d liie hazardous waste was received (d) When importing hazardous waste, a person must meet all requirements of 262.21 for the manifest except thal; (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. 262.51 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 122, 264 or 265 for those wastes provided he triple rinses each emptied pesticide container in accordance with 261.33(c) and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instiuctions on the pesticide label. Appendix--Form--Annual Report (EPA Form 8700-13) BILLING CODE 6J6O-01-M CCR 000041097 Federal Register / Vol. 45, No, 98 / Monday, May 19, 1980 / Rules and Regulations 33145 i v) rtf with ELITE t> p* U2 characters per inch I. EPA U.E. ENVIRONMENTAL PROTECTION AGENCY HAZARDOUS WASTE REPORT GSA No 12345 XX Form Approved OMB No 158-ROOXX I. TYPE OF HAZARDOUS WASTE REPORT PART At GENERATOR ANNUAL REPORT THIS REPORT IS POR THE YEAR CNQINQ OCC-lt. 1 9 PART B: FACILITY ANNUAL REPORT PLEASE PLACE LABEL IN THIS SPACE 19 PART C: UNMANIFESTED WASTE REPORT THIS REPORT If POR A WASTE RECEIVED (4ay, mo.. A yr.) - -1 9 INSTRUCTIONS: You may have received a preprinted label attached to the front of this pamphlet; affix it in the designated Space above--left. If any of the information on the label is incorrect, drew a line through it end supply the correct information in the appropriate section beta*, if the label is complete and correct, leave Sections II, 111, and IV below blank. If you did not receive a preprinted label, complete all tactions. "Installation" means a single site where hazardous waste is generated, treated, stored, or disposed of. Please refer to the specific instructions for generators or facilities before completing this form. The information requested herein is required by law (Section 3002/3004 of the Resource Conservation and Recovery Act). _ E NAME (lost and firwtl 21 iTl '*_______________ .. .............. ......................................................................... phone NO- (area code 4 no,) 4* m - List the EPA Identification Numbers for those transporters whose services were used during the reporting year represented by this report. / certify under penalty of lew thet / have personally examined and am familiar with the information submitted in this and ell attached documents, and that taxed on my inquiry of those individual* immediately responsible for obtaining the Information,, / believe that the submitted information is true, accurate, and complete. / am aware thet there are significantpenoitie* for submitting (aim information, including the possibility of fine end imprisonment A. PRINT OR TYPE NAME L EPA Form 6700-13 (5-80) a. SIGNATURE C. DATE SJGNCO PA E_____! OF CCR 000041098 33146 Federal Register / Vol. 45. No. 98 / Monday. May 19,1980 / Rules and Regulations Please pr.nt oi type oERA ELITE type (12 eheretnrtfinch}. GSA No. 12345 XX Form Approved QMB No u,a. KNyutoNMiNTAlPeTrc^^N agkncv GENERATOR ANNUAL REPORT - PART A 158`ROOXX POP OFFICIAL MSB OH4.V 4Itema I **4 1) _ 9I. OATC RlCtivtQ -l t. TTPI OP MIFPRT X. GENERATOR'S EPA I.D. NO. XI. FACILITY'S EPA 1,0. UOZ r IXIII. FACILITY ADORESS (street or P.O box, city, state. A sip code) XII. FACILITY NAME dpecffr),, XIV . waste identification K w A. DKICPieriON OF WAfTI 2* *3 JZ 1 nMnnnBDHBri . DOT HA- tAMD CLAlf C. BFA KASAPOOUf wAtri HUMIIR fee* iMAtnicffon*/ ---i-----------r--| -----1-----1-----1-----1 D. AMOUNT OF WAlTt E.^ 1 (>3Z J:<* ][DC r ui 3? *4 [ " 3 4 Jj 6 n illi v 10 it 12 i . . "--l----------?---- ' . . >. '' " 1 * T l "* 1 11 -----1----t----1---- i . > ii | | "1 ' H i F r I .. . . [ "T T `1 " -----r--t 'T ' 1 1 "T"" 10 1> ' '' ti OT1II It *S *-------------:----------------------]t- TT C c EPA Form 870O13A (5-60) BILLING CODE 65AO-01-C N PAGE ____ OF____ CCR 000041099 c Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations 33147 General Instructions, Hazardous Waste Report (EPA Form 8700-13) Important; READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM. Suction I. Type of Hazardous Waste Report Part A: Generator Annual Report--For generators who ship their waste off-site to facilities which they do not own or operate, fill in the reporting year for this report (e.g.. 1982). Note.--Generators who ship hazardous waste off-site to a facility which they own or operate must complete the facility (Part B) report instead of the Part A report. Part B: Facility Annual Report--For owners or operators of on-site or off-site facilities that treat, store, or dispose of hazardous waste, fill in the reporting year for this report (e.g., 1982). Part C: Unmanifested Waste Report--For facility owners or operators who accept for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, fill in the date the waste was received at the facility (e.g. 04-121982). Section It thru Section IV. Installation ID. Number. Name of Installation, and Installation Mailing Address If you received a preprinted label from EPA, attach it in the space provided and leave Sections 11 through IV blank. If there is an error or omission on the label, cross out the incorrect information and fill in the appropriate item(s). If you did not receive a preprinted label, complete Section II through Section IV. Section V. Location of Installation If your installation location address is different thaft the mailing address, enter the location address of your installation. Section VI. Installation Contact Enter the name (last and first) and telephone number of the person who may be contacted regarding information contained in this report. Section VII. Transportation Services Used (Far Part A Reports ONL Y) List the EPA Identification Number for each transporter whose services you used during the reporting year. Section VIII. Cost Estimates for Facilities (For Part B Reports ONL Y) A. Enter the most recent cost estimate for facility closure in dollars. See Subpart H of 40 CFR Parts 284 or 285 for more detail. B. For disposal facilities only, enter the most recent cost estimate for post closure monitoring and maintenance. See Subpart H of 40 CFR Parts 284 or 285 for more detail. Section IX. Certification The generator or his authorized representative (Part A reports) or the owner or operator of the facility or his authorized representative (Parts B and C reports) must sign and date the certification where indicated. The printed or typed name of the person signing the report must also be included where indicated. Note,--Since more than one page is required for each report, enter the page number of each sheet in the lower right corner as well as the total number of pages. Generator Annual Report, Pari A Instructions (EPA Form 8790-13A) Generator Annual Report for generators who ship their hazardous waste off-site to facilities which they do not own or operate. Important; READ ALL INSTRUCTIONS BEFORE COMPLETING THIS REPORT. Section X, Generator's Identification Number Enter your EPA identification number. Example: X. GENESATOa'S IFA I.D. NO. G1 nIj p 7 8 4 6 2 3 is bm /Section XI. Facility's Identification Number Enter the EPA identification number of the facility to which you sent the waste described below in Section XIV (a separate sheet must be used for each facility to which you sent hazardous waste.) Section XII. Facility Name Enter the name of the facility corresponding to the facility's EPA identification number in Section XI. Section XIII. Facility Address Enter the address of the facility corresponding to the facility's EPA identification number in Section XI. Section XJV. Waste Identification All information in this section must be entered by line number. Each line entry will describe the total annual amount of each waste shipped to the facility identified in Section XI, above. Section XIV-A. Description of Waste For hazardous wastes that are listed under 40 CFR Part 261, Subpart D, enter the EPA listed name, abbreviated if necessary. Where u i! jt i Stael finishing sludge - For unlisted hazardous wastes, enter the EPA Hazardous Waste Numbers from 40 CFR Part 261, Subparts C. applicable to the waste. If more than four spaces are required, follow the procedure described above. mixtures of listed wastes were shipped, enter the description which you believe best describes the waste. For unlisted hazardous waste identified under 40 CFR Part 261. Subpart C, enter the description which you believe best describes the waste. Include the specific manufacturing or other process generating the waste (e.g., green sludge from widget manufacturing) and, if known, the chemical or generic chemical name of the waste. Section XIV-B. DOT Hazard Class Enter the two digit code from Table 1 which corresponds to the DOT hazard class of the waste described. (If the waste described has been shipped under more than one DOT hazard class, use a separate line for each DOT hazard class.) Table 1 DOT hazard dau Plammabta iota).... ...................... -................ Coda 01 02 03 04 05 06 07 06 09 10 ' 11 12 13 14 15 16 Section XIV-C. EPA Hazardous Waste Number For listed wastes, enter the EPA Hazardous Waste Number from 40 CFR Part 261, Subpart D. which identifies the waste. . For a mixture of more than one listed waste, enter each of the applicable EPA Hazardous Waste Numbers. Four spaces are provided. If more space is needed, continue on the next line(s) and leave all other information on that line blank. - OOT HA- (AMO CLAM C CAA USIARDOUl N*UAU|TSIIS 02 K 0 fi 0 mu KO.fi.i KJLfi .2 k'o "e |4 OOFAWMO* UATHfTt til (Hr ?2t 41246 T Section XIV~D. Amount of Waste Enter the amount of this waste you shipped to the facility identified in Section XI and include the weight of containers if left at the treatment, storage, or disposal facility. CCR 000041100 33148 Federal Register / Vol. 45. No. 98 / Monday. May 19, 1980 / Rules and Regulations Section XIV-E. Unit ofMeasure Enter the unit of measure code for the ^quantity of waste described on this line, jfriits of measure which must be used in this "port and the appropriate codes are: Units of msssun Cod* Pounds....................................... snort tons (2.000 tn)................................................. Kilograms......................... Tonnos (1,000 kg).................................................. p T K M Units of volume may not be used for reporting but must be converted into one of the above units of weight taking into account the appropriate density or specific gravity of the waste. Section XV, Comments This space may be used to explain or clarify any entry. If used, enter a cross reference to the appropriate Section number. Note.--Since more than one page is required for each report, enter the page number of each sheet in the lower right corner as well as the total number of pages. |FR Doc- 80.14665 Ktlsd $-18-80; 845 sm| BILLING C0OE 6560-01-SI GCR 000041101