1. (a) Except as provided in (b) and (g), below, when shipping a hazardous waste offsite, a generator shall comply with the manifest requirements of:

   1. (1) 40 CFR 262.20(a)(1), (b), and (c), as amended effective January 22, 2025, by Federal Register volume 89, page 60692, dated July 26, 2024;
   2. (2) 40 CFR 262.21(a) through (g)(1), as amended effective January 22, 2025, by Federal Register volume 89, page 60692, dated July 26, 2024, and Federal Register volume 89, page 86758, dated October 31, 2024;
   3. (3) 40 CFR 262.21(h) through (m);
   4. (4) This chapter; and
   5. (5) In the case of an electronic manifest, 40 CFR 262.24(a) through (f) and 40 CFR 262.25.
2. (b) Subject to (c), below, the requirements of 40 CFR 262 Subpart B and the marking requirements of Env-Hw 507.03(a)(3) shall 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.
3. (c) When transporting hazardous waste as in (b), above, a generator shall comply with the immediate response actions and discharge cleanup requirements of Env-Hw 608.01 and Env-Hw 608.02 in the event of a discharge of hazardous waste on a public or private right-of-way.

4. (d) A generator shall:

   1. (1) Determine whether the destination state for a shipment regulates any additional wastes as hazardous wastes beyond those regulated federally;
   2. (2) Determine whether the destination state for a shipment requires the generator to submit any copies of the manifest to the state; and
   3. (3) Based on its findings with respect to (1) and (2), comply with the requirements of the destination state, as applicable.
5. (e) A small or large quantity generator that initiates a shipment of hazardous waste shall certify on the manifest that the waste minimization statement required by 40 CFR 262.27(a) is true.
6. (f) A very small quantity generator that initiates a shipment of hazardous waste shall certify on the manifest that the waste minimization statement required by 40 CFR 262.27(b) is true.

7. (g) Env-Hw 510 shall not apply to:

   1. (1) A very small quantity generator that self-transports its own hazardous waste in accordance with Env-Hw 508.02(h)(4)a.; and
   2. (2) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, and that self-transports hazardous waste pharmaceuticals in accordance with Env-Hw 508.02(i).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35