6 CCR 1007-3
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Hazardous Materials and Waste Management Division HAZARDOUS WASTE - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 6 CCR 1007-3 Part 262 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 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.
262.13 Generator Annual Fees
262.20 General requirements.
262.21 Acquisition of Manifests.
262.22 Number of copies.
262.23 Use of the manifest.
262.24-262.26 Reserved
262.27 Waste minimization certification
262.30 Packaging.
262.31 Labeling.
262.32 Marking.
262.33 Placarding.
262.34 Accumulation time.
262.40 Recordkeeping.
262.41 Biennial reporting.
262.42 Exception reporting.
262.43 Additional reporting.
262.44 Special requirements for generators of between 100 and 1000 kg/mo.
262.50 Applicability.
262.51 Definitions.
262.52 General requirements.
262.53 Notification of intent to export.
262.54 Special manifest requirements.
262.55 Exception reports.
262.56 Annual reports.
262.57 Recordkeeping.
262.58 International agreements.
262.60 Imports of hazardous waste.
262.70 Farmers
262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Notification and consent.
262.84 Tracking document.
262.85 Contracts.
262.86 Provisions relating to recognized traders.
262.87 Reporting and recordkeeping.
262.88 Pre-approval for U.S. Recovery Facilities (Reserved).
262.89 OECD Waste Lists.
Subpart A - General § 262.10 Purpose, Scope and Applicability.
(a) These regulations establish standards for generators of hazardous waste.
(b) Sections 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: § 262.11 for determining whether or not he/she 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 manifesting requirements of Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or subject to the requirements of Part 273 of these regulations, 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 100, 264, 265, or 266, or 268 with respect to such pesticides.
(g) A person who generates a hazardous waste as defined by Part 261 is subject to the compliance requirements and penalties prescribed in CRS 1973, 308, 309, 310 if he/she 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) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health, and is hereby incorporated by reference in these regulations pursuant to CRS. 1973, 24- 4-103.
§ 262.11 Hazardous Waste Determination.
A person who generates a solid waste, as defined in § 261.2, must determine if that waste is a hazardous waste using the following method:
(a) A generator should first determine if the waste is excluded from regulation under § 261.4.
(b) A generator must then determine if the waste is listed as a hazardous waste in Subpart D of Part 261. Under § 260.22, the generator has an opportunity to demonstrate to the Department that the listed waste from his/her particular facility or operation is not a hazardous waste.
(c) For purposes of compliance with Part 268, or if the waste is not listed in Subpart D of Part 261, the generator must then determine whether the waste is identified in Subpart C of Part 261 by either:
(d) If the waste is determined to be hazardous, the generator must refer to Parts 261, 264, 265, 267, 268, and 273 of these regulations for possible exclusions or restrictions pertaining to management of the specific waste.
§ 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.
(b) A generator who has not received an EPA identification number may obtain one by applying to the Department using the Colorado Hazardous Waste Notification Form. Upon receiving the request the Department will forward an EPA assigned EPA identification number to the generator.
(c) A generator must not offer his/her hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. § 262.13 Generator Annual Fees.
(a) Pursuant to the fee requirements of section 25-15-302, C.R.S., generators of hazardous waste shall be assessed the following annual fees for each calendar year:
Subpart B - The Manifest § 262.20 General Requirements.
(a)(1) A generator who transports, or offers for transport a hazardous waste for off site treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, 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 of these regulations 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/her 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 B do not apply to hazardous waste produced by generators of greater than 100 kg but less than 1000 kg in a calendar month where:
(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 § 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in § § 263.30 and 263.31 of these regulations in the event of a discharge of hazardous waste on a public or private right of way. § 262.21 Manifest Tracking Numbers, Manifest Printing, and Obtaining Manifests. (a)(1) A registrant may not print, or have printed, the manifest for use or distribution unless it has received approval from the EPA Director of the Office of Solid Waste to do so under paragraphs
(b) A registrant must submit an initial application to the EPA Director of the Office of Solid Waste that contains the following information:
(c) EPA will review the application submitted under paragraph (b) of this section and either approve it or request additional information or modification before approving it. (d)(1) Upon EPA approval of the application under paragraph (c) of this section, EPA will provide the registrant an electronic file of the manifest, continuation sheet, and manifest instructions and ask the registrant to submit three fully assembled manifests and continuation sheet samples, except as noted in paragraph (d)(3) of this section. The registrant's samples must meet all of the specifications in paragraph (f) of this section and be printed by the company that will print the manifest as identified in the application approved under paragraph (c) of this section.
(e) EPA will evaluate the forms and either approve the registrant to print them as proposed or request additional information or modification to them before approval. EPA will notify the registrant of its decision by mail. The registrant cannot use or distribute its forms until EPA approves them. An approved registrant must print the manifest and continuation sheet according to its application approved under paragraph (c) of this section and the manifest specifications in paragraph (f) of this section. It also must print the forms according to the paper type, paper weight, ink color of the manifest instructions and binding method of its approved forms.
(f) Paper manifests and continuation sheets must be printed according to the following specifications:
(i) If, subsequent to its approval under paragraph (e) of this section, a registrant typesets its manifest or continuation sheet instead of using the electronic file of the forms provided by EPA, it must submit three samples of the manifest or continuation sheet to the registry for approval. EPA will evaluate the manifests or continuation sheets and either approve the registrant to print them as proposed or request additional information or modification to them before approval. EPA will notify the registrant of its decision by mail. The registrant cannot use or distribute its typeset forms until EPA approves them.
(j) EPA may exempt a registrant from the requirement to submit form samples under paragraph (d) or (h)
(k) An approved registrant must notify EPA by phone or email as soon as it becomes aware that it has duplicated tracking numbers on any manifests that have been used or distributed to other parties.
(l) If, subsequent to approval of a registrant under paragraph (e) of this section, EPA becomes aware that the approved paper type, paper weight, ink color of the instructions, or binding method of the registrant's form is unsatisfactory, EPA will contact the registrant and require modifications to the form.
(m)(1) EPA may suspend and, if necessary, revoke printing privileges if we find that the registrant:
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 Mainfest.
(a) The generator must:
(b) The generator must give the transporter the remaining copies of the manifest.
(c) [RESERVED] (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:
(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. § § 262.24 - 262.26 [Reserved] § 262.27 Waste Minimization Certification.
A generator who initiates a shipment of hazardous waste must certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:
(a) “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;” or (b) “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.” 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 Public Utilities Commission or 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 Public Utilities Commission or 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 applicable Public Utilities Commission or 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 119 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 CFR § 172.304:
§ 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 Public Utilities Commission or US Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F.
§ 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:
(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 Part 264, 265, and 266 and the permit requirements of Part 100 unless he/she has been granted an extension to the 90-day period. Such extension may be granted by the Department if hazardous waste 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 Director 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:
(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:
(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/her waste, or offer his/her 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/she 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/she must transport his/her waste, or offer his/her waste for transportation, over a distance of 200 miles or more) is an operator of a storage facility and is subject to the permit requirements of Part 100 and 264 and 265 unless he/she has been granted an extension to the 180-day (or 270-day if applicable) period. Such extension may be granted by the Department 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 Department on a case-by-case basis.
(g)(1) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month 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) or (d) of this section provided:
(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, 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:
(i) 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 (h)(1) through (h)(4) of this section.
(j) A generator accumulating F006 in accordance with paragraphs (h) and (i) of this section who accumulates F006 waste on-site for more man 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 Part 264 and Part 265 and the permit requirements of Part 100 of these regulations 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 the Department 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 Director on a case-by-case basis.
(k) A member of the Colorado Environmental Leadership Program and EPA National Environmental Performance Track Program who generates 1000 kilograms (kg) or greater of hazardous waste per month (or one kilogram or more of acute hazardous waste) may accumulate hazardous waste on-site without a permit or interim status for an extended period of time, provided that:
(l) If hazardous wastes must remain on-site at a Colorado Environmental Leadership Program and EPA National Environmental Performance Track member facility for longer than 180 days (or 270 days, if applicable) due to unforeseen, temporary, and uncontrollable circumstances, an extension to the extended accumulation time period of up to 30 days may be granted at the discretion of the Department and EPA on a case-by-case basis.
(m) If a member of the Colorado Environmental Leadership Program and EPA National Environmental Performance Track withdraws from either program, or if a generator’s membership in either program is terminated by the Department or EPA, the generator must return to compliance with all otherwise applicable hazardous waste regulations as soon as possible, but no later than six months after the date of withdrawal or termination.
(n) A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of §
(a) A generator must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until he/she 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 (March 1).
(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 Department.
§ 262.41 Biennial Reporting.
(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 Department by March 1 of each even numbered year or upon the Director's request. The biennial report must be submitted in EPA Form 8700-13A, and must cover generator activities during the previous year, and must include the following information:
(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 Part 100, 264, 265, 266, and
(a) 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.
(b) A generator of greater than 1000 kilograms of hazardous waste in a calendar month must submit an Exception Report to the Colorado Department of Public Health and Environment if he/she 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:
(c) 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 Colorado Department of Public Health and Environment.
(a) The Department, as deemed necessary, may require generators to furnish additional reports concerning: [Eff 01/30/2007]
Subpart E - Exports of Hazardous Waste § 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. § 262.51 Definitions.
In addition to the definitions set forth at § 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 Part 262, Subpart B, 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.
§ 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.
§ 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:
(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, 401 M St., SW., 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 re-notification 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 § 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.
§ 262.54 Special Manifest Requirements.
A primary exporter must comply with the manifest requirements of § 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 the International Shipments block, the primary exporter must check the export box and enter the point of exit (city and State) 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) The primary exporter may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
(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 § 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:
(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).
§ 262.55 Exception Reports.
In lieu of the requirements of § 262.42, a primary exporter must file an exception report with the Department if:
(a) He/she 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.
§ 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:
(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, 401 M St., SW., 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.
§ 262.57 Recordkeeping.
(a) For all exports a primary exporter must:
(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 Department.
§ 262.58 International Agreements.
(a) Any person who exports or imports hazardous waste subject to the manifest requirements of Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or to the requirements of Part 273 of these regulations, 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.
(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.
Subpart F - Imports of Hazardous Waste § 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:
(c) A person who imports hazardous waste may obtain the manifest form from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
(d) In the International Shipments block, the importer must check the import box and enter the point of entry (city and State) into the United States.
(e) The importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with § 264.71(a)(3) and § 265.71(a)(3) of these regulations.
Subpart G - Farmers § 262.70 Farmers.
A farmer disposing of waste pesticides from his/her own use which are hazardous wastes is not required to comply with the standards in this part or other standards in Part 100, 264, 265, 266 or 268 for those wastes provided he/she triple rinses each emptied pesticide container in accordance with § 261.7(b)(3) and disposes of the pesticide residues on his/her own farm in a manner consistent with the disposal instruction on the pesticide label.
Subpart H - Transfrontier Shipments of Hazardous Waste for Recovery within the OECD § 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 2613 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 the requirements of Part 273 of these regulations.
(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.
§ 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 Cooperation 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 R13 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.
§ 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).
(b) General conditions applicable to transfrontier movements of hazardous waste.
(c) Provisions relating to re-export for recovery to a third country.
§ 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)(l) or paragraph (b)(2) of this section are met.
(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:
(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).
(b) The tracking document must include all information required under § 262.83 (for notification), and the following:
(delete sentences that are not applicable)
Name: --------------------------------------------------------- Signature: ----------------------------------------------------- Date: -----------------------------------------------------------
(c) Notifiers also must comply with the special manifest requirements of § § 262-54(a), (b), (c), (e), and
(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, 401 M St., SW., Washington, DC 20460, and to the competent authorities of the exporting and transit countries. § 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:
(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:
(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.
(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.
(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. § 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, 401 M St., SW., 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/she 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:
(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:
(c) Recordkeeping.
§ 262.88 Pre-approval for U.S. Recovery Facilities [Reserved]. § 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:
(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 Cooperation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France. These materials are also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and at the State Publications Depository Libraries.
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.
1. This form has been designed for use on a 12-pitch (elite) typewriter which is also compatible with standard computer printers; a firm point pen may also be used--press down hard.
2. Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, and disposal facilities to complete this form (EPA Form 8700-22) and, if necessary, the continuation sheet (EPA Form 8700-22A) for both inter- and intrastate transportation of hazardous waste.
Manifest 8700-22 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: 30 minutes for generators, 10 minutes for transporters, and 25 minutes for owners or operators of treatment, storage, and disposal facilities. This includes time for reviewing instructions, gathering data, completing, reviewing and transmitting the form. Any correspondence regarding the PRA burden statement for the manifest must be sent to the Director of the Collection Strategies Division in EPA's Office of Information Collection at the following address: U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Do not send the completed form to this address.
I. Instructions for Generators Item 1. Generator's U.S. EPA Identification Number Enter the generator's U.S. EPA twelve-digit identification number, or the State generator identification number if the generator site does not have an EPA identification number. Item 2. Page 1of ---- 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. Emergency Response Phone Number Enter a phone number for which emergency response information can be obtained in the event of an incident during transportation. The emergency response phone number must:
1. Be the number of the generator or the number of an agency or organization who is capable of and accepts responsibility for providing detailed information about the shipment;
2. Reach a phone that is monitored 24 hours a day at all times the waste is in transportation (including transportation related storage); and 3. Reach someone who is either knowledgeable of the hazardous waste being shipped and has comprehensive emergency response and spill cleanup/incident mitigation information for the material being shipped or has immediate access to a person who has that knowledge and information about the shipment.
Item 7. Transporter 2 Company Name and U.S. EPA ID Number If applicable, enter the company name and U.S. EPA ID number of the second transporter who will transport the waste. Vehicle or driver information may not be entered here. If more than two transporters are needed, use a Continuation Sheet(s) (EPA Form 8700-22A). Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number Enter the company name and site address of the facility designated to receive the waste listed on this manifest. Also enter the facility's phone number and the U.S. EPA twelve-digit identification number of the facility.
Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard Class or Division, Identification Number, and Packing Group)
Item 9a. If the wastes identified in Item 9b consist of both hazardous and nonhazardous materials, then identify the hazardous materials by entering an “X” in this Item next to the corresponding hazardous material identified in Item 9b.
Item 9b. Enter the U.S. DOT Proper Shipping Name, Hazard Class or Division, Identification Number (UN/NA) and Packing Group for each waste as identified in 49 CFR 172. Include technical name(s) and reportable quantity references, if applicable.
Note: If additional space is needed for waste descriptions, enter these additional descriptions in Item 27 on the Continuation Sheet (EPA Form 8700-22A). Also, if more than one Emergency Response phone number applies to the various wastes described in either Item 9b or Item 27, enter applicable Emergency Response phone numbers immediately following the shipping descriptions for those Items. Item 10. Containers (Number and Type)
Enter the number of containers for each waste and the appropriate abbreviation from Table I (below) for the type of container.
CF = Fiber or plastic boxes, cartons, cases.
CM = Metal boxes, cartons, cases (including roll-offs).
CW = Wooden boxes, cartons, cases.
CY = Cylinders.
DF = Fiberboard or plastic drums, barrels, kegs.
DM = Metal drums, barrels, kegs.
DT = Dump truck.
DW = Wooden drums, barrels, kegs.
HG = Hopper or gondola cars.
TC = Tank cars.
TP = Portable tanks.
TT = Cargo tanks (tank trucks).
Item 11. Total Quantity Enter, in designated boxes, the total quantity of waste. Round partial units to the nearest whole unit, and do not enter decimals or fractions. To the extent practical, report quantities using appropriate units of measure that will allow you to report quantities with precision. Waste quantities entered should be based on actual measurements or reasonably accurate estimates of actual quantities shipped. Container capacities are not acceptable as estimates.
Item 12. Units of Measure (Weight/Volume)
Enter, in designated boxes, the appropriate abbreviation from Table II (below) for the unit of measure. Table II. - Units of Measure G = Gallons (liquids only).
L = Liters (liquids only).
M = Metric Tons (1000 kilograms).
N = Cubic Meters.
P = Pounds.
T = Tons (2000 pounds).
Y = Cubic Yards.
Note: Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be reported in connection with very large bulk shipments, such as rail cars, tank trucks, or barges. Item 13. Waste Codes Enter up to six federal and state waste codes to describe each waste stream identified in Item 9b. State waste codes that are not redundant with federal codes must be entered here, in addition to the federal waste codes which are most representative of the properties of the waste. Item 14. Special Handling Instructions and Additional Information.
1. Generators may enter any special handling or shipment-specific information necessary for the proper management or tracking of the materials under the generator's or other handler's business processes, such as waste profile numbers, container codes, bar codes, or response guide numbers. Generators also may use this space to enter additional descriptive information about their shipped materials, such as chemical names, constituent percentages, physical state, or specific gravity of wastes identified with volume units in Item 12.
2. This space may be used to record limited types of federally required information for which there is no specific space provided on the manifest, including any alternate facility designations; the manifest tracking number of the original manifest for rejected wastes and residues that are re-shipped under a second manifest; and the specification of PCB waste descriptions and PCB out-of-service dates required under 40 CFR 761.207. Generators, however, cannot be required to enter information in this space to meet state regulatory requirements. Item 15. Generator's/Offeror's Certifications 1. The generator must read, sign, and date the waste minimization certification statement. 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. The Generator's Certification also contains the required attestation that the shipment has been properly prepared and is in proper condition for transportation (the shipper's certification). The content of the shipper's certification statement is as follows: I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name, and are classified, packaged, marked, and labeled/placarded, and are in all respects in proper condition for transport by highway according to applicable international and national governmental regulations. If export shipment and I am the Primary Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent.” When a party other than the generator prepares the shipment for transportation, this party may also sign the shipper's certification statement as the offeror of the shipment.
2. Generator or Offeror personnel 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/offeror certification, to indicate that the individual signs as the employee or agent of the named principal. Note: All of the above information except the handwritten signature required in Item 15 may be pre-printed.
II. Instructions for International Shipment Block Item 16. International Shipments For export shipments, the primary exporter must check the export box, and enter the point of exit (city and state) from the United States. For import shipments, the importer must check the import box and enter the point of entry (city and state) into the United States. For exports, the transporter must sign and date the manifest to indicate the day the shipment left the United States. Transporters of hazardous waste shipments must deliver a copy of the manifest to the U.S. Customs when exporting the waste across U.S. borders.
III. Instructions for Transporters Item 17. Transporters' Acknowledgments of Receipt 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. Only one signature per transportation company is required. Signatures are not required to track the movement of wastes in and out of transfer facilities, unless there is a change of custody between transporters.
If applicable, enter 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: Transporters carrying imports, who are acting as importers, may have responsibilities to enter information in the International Shipments Block. Transporters carrying exports may also have responsibilities to enter information in the International Shipments Block. See above instructions for Item 16.
IV. Instructions for Owners and Operators of Treatment, Storage, and Disposal Facilities Item 18. Discrepancy Item 18a. Discrepancy Indication Space 1. The authorized representative of the designated (or alternate) facility's owner or operator must note in this space any discrepancies between the waste described on the Manifest and the waste actually received at the facility. Manifest discrepancies are: significant differences (as defined by § § 264.72(b) and 265.72(b)) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives, rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept, or container residues, which are residues that exceed the quantity limits for “empty” containers set forth in 40 CFR 261.7(b).
2. For rejected loads and residues (40 CFR 264.72(d), (e), and (f), or 40 CFR 265.72(d), (e), or (f)), check the appropriate box if the shipment is a rejected load (i.e., rejected by the designated and/or alternate facility and is sent to an alternate facility or returned to the generator) or a regulated residue that cannot be removed from a container. Enter the reason for the rejection or the inability to remove the residue and a description of the waste. Also, reference the manifest tracking number for any additional manifests being used to track the rejected waste or residue shipment on the original manifest. Indicate the original manifest tracking number in Item 14, the Special Handling Block and Additional Information Block of the additional manifests.
3. Owners or operators of facilities located in unauthorized States (i.e., states in which the U.S. EPA administers the hazardous waste management program) who cannot resolve significant differences in quantity or type within 15 days of receiving the waste must submit to their Regional Administrator a letter with a copy of the Manifest at issue describing the discrepancy and attempts to reconcile it (40 CFR 264.72(c) and 265.72(c)).
4. Owners or 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 management program) should contact their State agency for information on where to report discrepancies involving “significant differences” to state officials.
Item 18b. Alternate Facility (or Generator) for Receipt of Full Load Rejections Enter the name, address, phone number, and EPA Identification Number of the Alternate Facility which the rejecting TSDF has designated, after consulting with the generator, to receive a fully rejected waste shipment. In the event that a fully rejected shipment is being returned to the generator, the rejecting TSDF may enter the generator's site information in this space. This field is not to be used to forward partially rejected loads or residue waste shipments.
Item 18c. Alternate Facility (or Generator) Signature The authorized representative of the alternate facility (or the generator in the event of a returned shipment) must sign and date this field of the form to acknowledge receipt of the fully rejected wastes or residues identified by the initial TSDF.
Item 19. Hazardous Waste Report Management Method Codes Enter the most appropriate Hazardous Waste Report Management Method code for each waste listed in Item 9. The Hazardous Waste Report Management Method code is to be entered by the first treatment, storage, or disposal facility (TSDF) that receives the waste and is the code that best describes the way in which the waste is to be managed when received by the TSDF. Item 20. Designated Facility Owner or Operator Certification of Receipt (Except As Noted in Item 18a)
Enter the name of the person receiving the waste on behalf of the owner or operator of the facility. That person must acknowledge receipt or rejection of the waste described on the Manifest by signing and entering the date of receipt or rejection where indicated. Since the Facility Certification acknowledges receipt of the waste except as noted in the Discrepancy Space in Item 18a, the certification should be signed for both waste receipt and waste rejection, with the rejection being noted and described in the space provided in Item 18a. Fully rejected wastes may be forwarded or returned using Item 18b after consultation with the generator. Enter the name of the person accepting the waste on behalf of the owner or operator of the alternate facility or the original generator. That person must acknowledge receipt or rejection of the waste described on the Manifest by signing and entering the date they received or rejected the waste in Item 18c. Partially rejected wastes and residues must be re-shipped under a new manifest, to be initiated and signed by the rejecting TSDF as offeror of the shipment. U.S. EPA Manifest Continuation Form 8700-22A Manifest Continuation Sheet 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; or - More space is required for the U.S. DOT descriptions and related information in Item 9 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 interstate and intrastate transportation.
Item 21. Generator's ID Number Enter the generator's U.S. EPA twelve-digit identification number or, the State generator identification number if the generator site does not have an EPA identification number. Item 22. Page ---- Enter the page number of this Continuation Sheet.
Item 23. Manifest Tracking Number Enter the Manifest Tracking number from Item 4 of the Manifest form to which this continuation sheet is attached.
Item 24. Generator's Name-- Enter the generator's name as it appears in Item 5 on the first page of the Manifest. Item 25. 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. Also enter the U.S. EPA twelve-digit identification number of the transporter described in Item 25. 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 can record the names of two additional transporters. Also enter the U.S. EPA twelve- digit identification number of the transporter named in Item 26. Item 27. U.S. D.O.T. Description Including Proper Shipping Name, Hazardous Class, and ID Number (UN/NA)
For each row enter a sequential number under Item 27b that corresponds to the order of waste codes from one continuation sheet to the next, to reflect the total number of wastes being shipped. Refer to instructions for Item 9 of the manifest for the information to be entered. Item 28. Containers (No. And Type)
Refer to the instructions for Item 10 of the manifest for information to be entered. Item 29. Total Quantity Refer to the instructions for Item 11 of the manifest form. Item 30. Units of Measure (Weight/Volume)
Refer to the instructions for Item 12 of the manifest form. Item 31. Waste Codes Refer to the instructions for Item 13 of the manifest form. Item 32. Special Handling Instructions and Additional Information Refer to the instructions for Item 14 of the manifest form. Transporters Item 33. Transporter--Acknowledgment of Receipt of Materials Enter the same number of the Transporter as identified in Item 25. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in Item 25. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.
Item 34. Transporter--Acknowledgment of Receipt of Materials Enter the same number of the Transporter 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.
Owner and Operators of Treatment, Storage, or Disposal Facilities Item 35. Discrepancy Indication Space Refer to Item 18. This space may be used to more fully describe information on discrepancies identified in Item 18a of the manifest form.
Item 36. Hazardous Waste Report Management Method Codes For each field here, enter the sequential number that corresponds to the waste materials described under Item 27, and enter the appropriate process code that describes how the materials will be processed when received. If additional continuation sheets are attached, continue numbering the waste materials and process code fields sequentially, and enter on each sheet the process codes corresponding to the waste materials identified on that sheet.
Statement of Basis and Purpose Part 262 - Generator Regulations Purpose The fundamental purpose of these regulations which are promulgated pursuant to CR.S. 1973, 25-15- 302(2), is to establish the responsibilities of generators of hazardous waste in the handling and transportation of that waste in order to ensure protection of public health and safety and the environment. Additionally, regulations concerning hazardous waste generators are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to C.R.S. 1973, 25-15-302. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA. Basis These regulations are based upon a “cradle-to-grave” system of regulation of hazardous waste. Under this system, hazardous waste is tracked and regulated from the point of generation through storage and transportation to the point of treatment and/or disposal. In this manner, a major portion of the hazardous waste generated in the State is regulated and accounted for, thereby minimizing the potential for public health and environmental problems resulting from improper management, handling, transportation and disposal of these wastes. The great potential for public health and environmental problems, including hazards associated with fire, explosion, direct contact, and air, surface water and groundwater contamination resulting from inadequate management of hazardous wastes has been documented at hundreds of sites throughout the nation and has spurred the development of hazardous waste regulations pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, Public Law 94-580. These regulations are based, for the most part, on those developed by the EPA under Subtitle C of RCRA. This was done for the reasons discussed below. Because the Federal hazardous waste regulations are comprehensive and technically complex, it was felt that adopting the Federal format and amending specific sections to the needs of the State, as opposed to developing State regulations “from scratch” , would save substantial amounts of time and financial resources. Also, it was felt that the process of determination of initial program equivalency would be greatly simplified through adoption of the Federal format. Further, because the Federal regulations are presently subject to frequent amendment, adoption of the Federal format greatly enhances maintaining equivalency of the State regulations to the Federal program.
As stated above, much of the scientific basis for these regulations was developed in the course of EPA research and investigations over a period of several years. Therefore, all information utilized by EPA in developing and proposing these regulations, including that referenced in the Federal Register Volume 45, Number 98, May 19, 1980 p. 33066 et seq. is hereby incorporated in this statement by reference. The basis for these regulations was further developed through a series of twelve public meetings at which comments were received from interested parties. Accordingly, certain changes from the Federal regulations have been incorporated in these regulations where it was deemed advisable as a result of public comment and study of the issues, in order to tailor the regulations more to Colorado's needs. Such departures from the approach taken in the Federal regulations are discussed in this document under the pertinent topics.
The Regulations Hazardous Waste Determination Hazardous waste is defined in the regulations as a subset of the more encompassing definition of solid waste. Therefore, initially, a person who generates solid waste, as defined in § 261.2 of the regulations is required to determine if that waste is hazardous by following the steps outlined in § 262.11 of the regulations. This determination is essential in order to ensure that all hazardous wastes are included within the regulatory system and therefore managed and disposed in a manner which protects public health and the environment. Once the generator makes the determination that this waste is hazardous, he/she is required to notify the Department of this activity. Notification In order for hazardous waste to be tracked from point of origin through transportation to point of disposal, all parties must be identifiable within the tracking system. Therefore, the regulations require that generators who have not received an EPA identification number notify the Department and receive an EPA identification number prior to the treatment, storage, disposal, or transportation of hazardous waste. Accordingly, the generator is prevented from offering his/her hazardous waste to transporters or treatment, storage or disposal facilities without an EPA identification number. Manifest System The essential element in this hazardous waste tracking system is the manifest. The manifest contains pertinent information concerning the wastes which are being transported off-site. All the parties involved with a particular waste shipment are responsible for signing and dating the manifest. The generator is specifically responsible for preparing the manifest. The generator must designate on the manifest the permitted facility to which his/her wastes will be delivered. Certain pertinent information must be included by the generator on the manifest including the following: (1) the names, addresses and EPA identification numbers of all parties involved with the waste; (2) the description of the waste(s) including proper shipping name, and (3) the total quantity of each waste and the type and number of containers. The information found on the manifest must enable emergency response personnel to determine the nature of the hazard and institute control measures to protect public health and safety. After signing the manifest, the generator must obtain the signature of the initial transporter and date of acceptance. One copy of the manifest is retained by the generator while the remaining copies are given to the transporter. The transporter then obtains the signature of the owner or operator of the designated treatment, storage, or disposal facility, retains one copy and the designated facility receives the remaining copies. The designated facility retains one copy of the manifest and returns one copy to the generator. This enables the generator to show, through the initial retained copy and the copy returned by the facility, that the waste which he/she shipped was received by the designated facility. In this manner, each party has a record of the transaction and the generated wastes can be accounted for in transport and disposal. This manifest accounting system greatly decreases the opportunity and likelihood for illegal dumping and release to the environment at any of the stages of handling these wastes and so protects the public from potential exposure to these wastes.
Those federal standards applicable to water (bulk shipment) transporters have been deleted, due to the impossibility of such transportation in Colorado. In addition to generally applicable manifest requirements, rail transporters are also referred to following transporter regulation § 263.20(f) for special provisions. Pre-Transport Requirements The generator regulations include certain hazardous material regulations which have been adopted from the Department of Transportation (DOT). These regulations concern packaging, labeling, marking, and placarding. These regulations have been adopted in order to protect the health and safety of those individuals responsible for managing, handling, transporting and disposing of hazardous wastes, to protect those individuals responding to the scene of an incident involving hazardous wastes and to protect, in general, public health and safety in the management of hazardous waste. The Board's adoption of these pre-transport regulations ensures consistency with the requirements of DOT. The Colorado Public Utilities Commission (PUC) has assumed jurisdiction over state transportation of hazardous materials from the DOT, and is currently in the process of promulgating regulations concerning the transportation of hazardous wastes. Efforts are being made to negotiate a Memorandum of Understanding concerning enforcement of applicable hazardous waste transportation regulations between the Department and the PUC.
Most generators accumulate waste on-site until the time of transportation for practical and economic reasons. Paperwork associated with manifests is commensurate with the number of waste shipments. Also, in most cases it is more economical to ship an entire truckload of waste rather than just a few drums. There are safety and health concerns, however, which lead to placing limits on the accumulation time allowed to a generator who does not have interim status or a hazardous waste storage permit. Hazards associated with fire are increased with large accumulations of material, and the likelihood that a container will leak also increases with time. Therefore, provisions are made in the regulations for generators to accumulate hazardous waste that has been generated on-site for as long as 90 days without a permit provided certain requirements are met. These special requirements concern containers, tanks, preparedness and prevention, personnel training, contingency planning and emergency procedures. A generator who accumulates hazardous waste for more than 90 days must have a permit unless an extension of up to 30 days is granted by the Department. Recordkeeping And Reporting Records are an essential part of the hazardous waste tracking system. There must be tangible evidence of transactions involving hazardous waste in order to assure the generators compliance with these regulations. This is necessary to ensure that all hazardous waste is managed in a manner which protects public health and the environment. Accordingly, copies of each manifest, annual report, and test results (in accordance with § 262.11) must be kept for at least 3 years by the generator. Due to the lack of an adequate data base concerning hazardous waste generation and disposal in Colorado, the submittal of an annual report by generators may be required, at the discretion of the Director. This enables the Department to gather a data base and update it periodically, while generators are not burdened with submitting the information unless the Department determines that it is needed. In order to ensure that all hazardous waste shipped by generators is accounted for, a generator must contact the transporter and/or the owner or operator of the designated treatment, storage, or disposal facility if he/she does not receive a signed copy of the manifest from the designated facility within 35 days of the date the waste was initially accepted. If, after 45 days, the generator has still not received a copy of the manifest, he/she must submit an exception report to the Department. In order to determine compliance with these regulations, the Department may require generators to furnish additional reports concerning quantities and disposition of hazardous wastes. Special Conditions The notification requirement for international shipments will not be delegated to the State by EPA. Therefore, all generators shipping waste outside the United States must notify the Administrator of EPA as required in § 262.50 of the regulations.
A Farmer disposing of his/her own waste pesticides is not required to comply with the generator or treatment, storage or disposal facility standards provided precautions outlined in § 262.51 are met These requirements provide protection of public health and the environment while serving to lessen the regulatory burden upon farmers.
___________________________________________________ Editor’s Notes 6 CCR 1007-3 has been divided into smaller sections for ease of use. Versions prior to 4/30/04 and rule history are located in the first section, 6 CCR 1007-3. Prior versions can be accessed from the History link that appears above the text in 6 CCR 1007-3. To view versions effective after 4/30/04, select the desired part of the rule, for example 6 CCR 1007-3 Part 260, or 6 CCR 1007-3 Part 8. History [For history of this section, see Editor’s Notes in the first section, 6 CCR 1007-3]