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Document Record Detail



Full Document:
Title:IMPLEMENTATION OF THE DEFINITION OF SOLID WASTE FINAL RULE
RCRA Online Number:14812
Date:01/20/2010
To:Fusco
From:Hale
Organization of Recipient:Safety-Kleen Systems, Inc.
Description: Excluded hazardous secondary materials cannot be commingled with regulated hazardous waste and still maintain the exclusion from the definition of solid waste. Excluded hazardous secondary materials may be mixed with hazardous waste, but the resulting mixture is a hazardous waste. Hazardous secondary materials may not be managed in stationary tanks at transfer facilities. Materials at transfer facilities may be consolidated from smaller to larger containers, but may not be managed in stationary tanks because such tanks are not portable and thus are not part of the “normal course of transportation”. In addition, hazardous secondary materials must be package according to applicable DOT regulations, which do not apply to stationary tanks. A state that has not adopted the Definition of Solid Waste Rule may impose state requirements on hazardous secondary materials while the material is being transported through that state. The reasonable efforts conditions for generators apply when hazardous secondary materials are transferred to intermediate facilities and reclamation facilities where the management of these materials is not addressed under a RCRA permit or interim status standards. If the intermediate facility or recycler’s permit or interim status standards addresses the units used to manage the hazardous secondary materials, the generator is not subject to the reasonable efforts conditions. A generator may use any appropriate information to determine that a Part B permit exists, including information provided by the intermediate facility or reclamation facility. However, it is ultimately the responsibility of the generator, itself, to decide whether it needs to conduct reasonable efforts. The generator may also contact the regulatory authority that issued the RCRA Part B permit. The confirmation of receipts requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt). No specific template or format is required for these records. The generator is required to maintain confirmations of receipt at the generating facility for no less than three years. The definition of hazardous secondary material generator means “any person whose act or process produces hazardous secondary materials at the generating facility.” Facilties who collect hazardous secondary materials from other generators and do not produce hazardous secondary materials do not meet the definition of a hazardous secondary material generator. These facilities, however, could act as an intermediate facility for hazardous secondary materials managed under the transfer-based exclusion if they meet the terms and conditions for an intermediate facility.
Regulatory Citation(s) : 261.4(a)(24)(ii), 261.4(a)(24)(v), 261.4(a)(vii) EXIT disclaimer
Statutory Citation(s):NA Read US Code 42, Chapter 82 EXIT disclaimer
Topic(s):Solid Waste
Approximate Number of Hardcopy Pages:5
EPA Publication Number:NA
RPPC Number (if applicable): NA
Official OSW Policy:Yes

 

 
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