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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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07/02/2008HAZARDOUS WASTE MANIFESTING REQUIREMENTS APPLICABLE TO RAIL TRANSPORTERSMemo
 Description: A generator could satisfy its regulatory obligations with a faxed or scanned image file of a signed manifest delivered to the generator by a rail transporter, if the image file is either printed and stored with the generator's other paper files or retained electronically. There are three conditions for this allowance: (1) there must be a system that ensures a file transmitted electronically is received, (2) the faxed or scanned image files are legible and clearly identifies the signatory, and (3) the remaining signed original manifest copies must be promptly forwarded to the next non-rail transporter or to the designated facility, so that the paper manifest copies art available to these subsequent waste handlers before the hazardous waste arrives at their facilities.
 
11/15/2005STATUS OF NTSB SAFETY RECOMMENDATION R-04-12Memo
 Description: The National Transportation Safety Board (NTSB) Safety Recommendation R-04-12 suggests that the EPA cooperate with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and OSHA and develop regulations addressing safe operating procedures before hazardous materials are heated in a railroad tank car for unloading. These agencies are working together to draft a safety advisory on this issue.
 
01/10/2005PROPOSAL OF ADDITIONAL SAFETY REGULATIONS CONCERNING THE TRANSPORT OF HAZARDOUS MATERIALSMemo
 Description: DOT Hazardous Materials Regulations (HMRs) define the requirements that generally apply to hazardous waste transportation. RCRA waste transportation regulations reference the applicable HMR requirements to maintain consistency and avoid duplication of effort by the two agencies. EPA could only exercise jurisdiction over the unloading of hazardous wastes and not over the products or non-hazardous wastes which might exhibit the same properties and risks during their heating and unloading. EPA would want to discuss with DOT the possibility of reinstating its previous policy on railroad tank car unloading or other possible approaches before EPA would consider undertaking a regulation.
 
04/01/2004INTERSTATE SHIPMENTS OF WASTE LISTED SOLELY FOR IGNITABILITY, CORROSIVITY, OR REACTIVITYMemo
 Description: A transporter must have an EPA ID number, a manfiest, and comply with Part 263 if traveling through any state that recognizes the waste as hazardous. A TSDF is subject to the standards of the state where it is located.
 
02/01/2004SECONDARY CONTAINMENT FOR USED OIL STORAGE UNITS AT TRANSFER FACILITIESMemo
 Description: Any container or tank storing used oil at a transfer facility for greater than 24 hours requires secondary containment. A secondary containment system should include dikes, berms, or retaining walls and a floor. An aboveground system with a shop-fabricated double-walled tank with overfill protection may be equivalent protection. The system must be sufficiently impervious to used oil. These requirements apply to all used oil transfer facilities. These requirements do not apply to tanks or containers taken out of service.
 
04/17/2002APPLICABILITY OF TRANSPORTER REQUIREMENTS TO HAZARDOUS WASTE IMPORTS AND EXPORTS Memo
 Description: The Part 263 requirements apply to persons transporting manifested shipments of hazardous waste within the United States. An EPA ID number is not required if the transporter is not required to have a manifest. Transporters that export waste must give a copy of the manifest to the U.S. Customs Service official at the point of departure from the United States. The point of departure occurs at the port of exit. A hazardous waste shipment would not require a manifest once the ocean carrier leaves the port. Ocean carriers importing hazardous waste into the United States would not need a manifest or an EPA ID number before the shipment is off-loaded at a port (SEE ALSO: 66 FR 28240; 5/22/01). The ocean carrier remains subject to other applicable requirements (e.g., Department of Transportation (DOT) regulations). Each railroad firm and trucking company is responsible for obtaining an EPA ID number for intermodal service. If an ocean carrier is not arranging for the inland transport of waste, then the carrier is not directly responsible for ensuring that the inland transporters have EPA ID numbers, but should verify with the company arranging the inland transport.
 
04/01/1999Hazardous Waste Transport Between Contiguous PropertiesQuestion & Answer
 Description: Manifesting and pre-transport marking requirements do not apply to the transport of hazardous waste along the border of contiguous property under the control of the same person, even if such property is divided by a public or private right-of-way. The requirements for hazardous waste discharges continue to apply to this situation.
 
08/11/1998Part 279 Requirements: Used Oil Management Standards (Poster)Publication
 Description: This poster displays the used oil management standards for generators, transporters/transfer facilities, processors/re-refiners, off-specification burners, and marketers.
 
08/07/1998INTERPRETATION REGARDING THE TRANSFER OF DRUMS AMONG TRANSPORTATION VEHICLES AT TRANSFER FACILITIESMemo
 Description: If a shipment of hazardous waste appearing on a single manifest must be divided by the transporter and split between outbound shipments, the transporter must obtain consent from the generator to amend the original manifest to show the correct information (i.e., number of drums and waste descriptions) for the first truck and complete a second manifest to indicate the correct information for the second truck. The transporter should note on the first manifest the manifest number for the second manifest. Additional requirements may apply if the transporter combines waste from different containers.
 
02/01/1998DEFINITION OF TRANSPORTER AND TRANSPORTER SIGNATURE ON MANIFESTQuestion & Answer
 Description: When waste shipments are exchanged among drivers of the same transport company, the generator is not required to identify those individuals as multiple transporters on the manifest. The signature and EPA ID number of a second transporter is required only when a second transport company, with its own EPA ID number, takes possession of the waste.
 
07/14/1997MANIFEST EXEMPTION FOR SHIPMENTS BETWEEN SITES ON CERTAIN CONTIGUOUS PROPERTIESMemo
 Description: The manifest exemption for shipments between sites on certain contiguous properties contained in the February 12, 1997, Federal Register (62 FR 6622) does not relieve generators in these locations from the DOT shipping paper, packaging, labeling, marking, or placarding requirements. Shipments consisting solely of DOT Class 9 hazardous materials in amounts less than their reportable quantity would be exempt from these requirements.
 
12/01/1996REBUTTABLE PRESUMPTION FOR CFC CONTAMINATED USED OILQuestion & Answer
 Description: Chlorofluorocarbon (CFC) contaminated used oil is exempt from the rebuttable presumption at the point of draining as long as the CFCs are eventually reclaimed from the used oil to the fullest extent possible. Generally, when the rebuttable presumption applies, it applies at the point of draining. Discusses the definition of processing. CFC reclamation from used oil is not necessarily processing.
 
11/12/1996USE OF AUTOMATED INFORMATION TECHNOLOGIES IN THE HAZARDOUS WASTE MANIFEST SYSTEMMemo
 Description: An electronic record system may comply with current requirements for the use and retention of the manifest. The system should include manifest image files with original handwritten signatures, controls to ensure record accuracy, integrity and security, and retrieval features that allow for reasonable access during inspections. The company must verify that their automated system complies with applicable state manifest retention regulations.
 
11/01/1996STATE AUTHORIZATION AND USED OIL RECYCLED THROUGH SOME OTHER MEANS THAN BURNING FOR ENERGY RECOVERYQuestion & Answer
 Description: EPA does not regulate used oil recycled in some manner other than burning for energy recovery, such as re-refining, in states where Part 279 is not in effect.
 
10/03/1996USED OIL STORAGE REQUIREMENTSMemo
 Description: The existing used oil regulations require secondary containment for rail cars holding used oil that are held in one location for more than 24 hours. EPA is proposing to amend Section 279.45(d) to provide a ten day exemption from secondary containment for temporary storage of used oil in rail cars en route to their final destination.
 
06/11/1996DEPARTMENT OF TRANSPORTATION PREEMPTION PROVISIONSMemo
 Description: The Hazardous Materials Transportation Act (HMTA), administered by DOT, contains state preemption provisions. DOT preempted a New York state regulation which prohibited mixing activities at transfer facilities. Other states acting to fill perceived gaps in the RCRA transporter regulations will face similar challenges under the strong preemption authority given to DOT by Congress in the HMTA. RCRA 3003(b) states that RCRA requirements addressing transporters must be consistent with HMTA (SEE ALSO: RPC# 3/1/96-04).
 
06/01/1996TANK STORAGE AT TRANSFER FACILITIESQuestion & Answer
 Description: A transporter may not store hazardous waste in stationary tanks at a transfer facility without a permit or interim status. Hazardous wastes at transfer facilities must be manifested, stored in containers meeting DOT requirements, and be held 10 days or less. Discussed the definition of container.
 
05/01/1996INTERPRETATION OF GENERATOR REQUIREMENTS AS APPLIED TO VARIOUS ON-SITE AND OFF-SITE SCENARIOSMemo
 Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.
 
04/08/1996DEFINITION OF TRANSPORTERMemo
 Description: When one company owns or operates the means of locomotion of a vehicle and a different company owns or operates the cargo-containing transport vehicle (e.g., railroad car or truck trailer), both parties are potentially subject to transporter requirements (i.e., both meet the definition of transporter). EPA recommends identifying on the manifest only the transporter company that is primarily responsible for the movement of waste during that transportation segment. The company primarily responsible will be the one performing the transporter functions, such as signing and dating the manifest received from the generator.
 
04/01/1996FREQUENTLY ASKED QUESTIONS ON HAZARDOUS WASTE GENERATOR REQUIREMENTSQuestion & Answer
 Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.
 
03/07/1996FEDERAL POLICY ON SEVERAL ISSUES RELATED TO THE USE OF THE HAZARDOUS WASTE MANIFEST BY HAZARDOUS WASTE TRANSPORTERSMemo
 Description: The transporter block on the manifest is used to identify companies that transport waste. Transfer facilities do not need to be identified on the manifest unless the owner of the transfer facility takes custody of the waste as a new transporter. Brokers, transporters, or TSDFs may be an importer and therefore subject to generator requirements. One party should assume the generator responsibilities. Discusses the procedures for handling rejected shipments of hazardous waste exported to Canada.
 
03/01/1996GENERATORS AND DESIGNATED TRANSPORTERSQuestion & Answer
 Description: A transporter must seek approval of the generator to change the chain of transportation on the manifest. The generator must designate all transporters on the manifest. The generator alone is responsible for a complete chain of transportation on the manifest.
 
03/01/1996NAMemo
 Description: EPA does not have immediate plans to change the regulations on transfer facilities to prohibit alteration of manifests by a transporter operating a transfer facility, to prohibit mixing hazardous wastes of different DOT descriptions or RCRA waste codes, to prohibit mixing of hazardous and nonhazardous waste, or to require secondary containment (SEE ALSO: RPC# 6/11/96-02).
 
02/17/1995DO VESSELS TRANSPORTING A RCRA REGULATED HAZARDOUS WASTE REQUIRE AN EPA ID NUMBER FOR TRANSPORT BETWEEN THE U.S. AND BELGIUM?Memo
 Description: An EPA ID number is not required for a vessel once a waste shipment is outside U.S. jurisdiction.
 
12/13/1994RESPONSE TO COMMENTS ON REENGINEERING RCRA FOR RECYCLINGMemo
 Description: Issues before the Definition of Solid Waste Task Force concerning the hazardous recyclable materials manifest are discussed.
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
11/09/1994RESPONSE TO A REQUEST FOR MODIFICATION OF 40 CFR PART 262 REGARDING TRANSPORTATION OF RECYCLABLE HAZARDOUS WASTESMemo
 Description: EPA is considering new regulations for tracking hazardous wastes destined for recycling since the Definition of Solid Waste Task Force identified high transportation costs for transporters using the Uniform Hazardous Waste Manifest.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
09/28/1994CLARIFICATION REGARDING THE ""REBUTTABLE PRESUMPTION"" PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Used oil generated by a Do-It-Yourselfer (DIY) qualifies as exempt household hazardous waste. A used oil generator who collects DIY oil with a high halogen content can rebut the hazardous waste presumption by citing the household hazardous waste exemption.
 
08/17/1994STORAGE OF HAZARDOUS WASTE AT TRANSFER FACILITIES AND THE AUTHORIZATION OF STATES REGULATING THIS STORAGEMemo
 Description: The use of multiple transfer facilities is not prohibited nor is the total number of days spent at all the transfer facilities limited to 10. There is no formal definition of normal course of transportation, it is case-by-case determination. Discusses the DOT Hazardous Materials Transportation Act preemption process versus RCRA state authorization. Different states may have individual interpretations of the transfer facility standards.
 
06/21/1994USE OF MULTIPLE TRANSFER FACILITIES AS PART OF THE ""NORMAL COURSE OF TRANSPORTATION""Memo
 Description: Regulations do not specifically prohibit the use of multiple transfer facilities during the normal course of transportation. To be considered in the normal course, transportation should be completed in a timely manner. The normal course of transportation is decided on a case-by-case basis. A transporter remains responsible for the waste and the Part 263 standards while at a transfer facility. A generator must receive signed copies of manifests within the specified time periods or must file an exception report.
 
06/10/1994APPLICABILITY OF PART 279 USED OIL MANAGEMENT STANDARDS TO THE OPERATION OF A VEHICLE FLEET SERVICING OPERATIONMemo
 Description: A company which services vehicles at off-site locations and brings used oil to an aggregation point or collection center is subject only to the generator requirements provided each shipment of used oil is 55 gallons or less.
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
03/22/1994REQUIREMENTS FOR MANIFESTING SHIPMENTS OF HAZARDOUS WASTE BY RAIL FROM CANADAMemo
 Description: RCRA Subtitle C regulations can only apply to U.S. parties. The U.S. importer, importer's agent, and transporter may all be generators. All generators are jointly and severally liable for compliance with the generator requirements. Rail shipments of hazardous waste need not be accompanied by a manifest. A generator of waste that is transported solely by rail forwards copies of the manifest directly to the designated facility.
 
10/07/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Scrap metal that meets the no free-flowing oil standard is not subject to the used oil transporter standards. Coolant recycling and oil/water separation are not used oil processing when they are incidental to the normal manufacturing process.
 
07/28/1993CLARIFICATION OF USED OIL MANAGEMENT STANDARDS PERTAINING TO USED OIL GENERATED AND MANAGED ON-SITEMemo
 Description: Waste remains on-site if its movement does not involve traveling along a public right of way, even if the movement involves traveling directly across a public right of way. Part 279 used oil transporter standards do not apply to the on-site movement of used oil.
 
08/15/1992Environmental Fact Sheet: Management Standards Issued to Control Potential Risks from Recycled Used Oil - No Hazardous Waste ListingPublication
 Description: This fact sheet introduces EPA management standards for all segments of the used oil recycling system. The standards apply simple controls to generators of used oil and more stringent controls to processors, refiners, and transporters of used oil. The controls, found at 40 CFR 279, diminish potential risks and make it unnecessary to list recycled used oil as hazardous waste.
 
07/08/1992CLARIFICATION OF LANGUAGE IN THE PREAMBLE TO THE FINAL RULE ON USED OILMemo
 Description: Addresses the applicability of state versus federal transportation regulations (e.g., Hazardous Materials Transportation Act) to used oil handlers. Where federal regulations preempt state regulations, state regulations no longer apply.
 
11/01/1991TRANSFER FACILITY AS CENTRAL COLLECTION POINTQuestion & Answer
 Description: Transfer facilities can serve as a central collection points for the consolidation of wastes from several locations or from generation sites, provided the collection center meets the definition of a transfer facility.
 
10/17/1991EXTENSION DATE FOR THE UNIFORM HAZARDOUS WASTE MANIFESTMemo
 Description: A manifest with a 9/30/91 expiration date may be used through 9/30/92. Cross out the printed 1991 expiration date and replace it with the new 1992 expiration date (SUPERSEDED: manifest extended to 9/30/99 by 61 FR 54998; 10/23/96).
 
07/26/1991UNIFORM HAZARDOUS WASTE MANIFEST COMPLETION INSTRUCTIONSMemo
 Description: The generator is responsible for designating a second transporter when hazardous waste is transferred from rail to highway. The generator is responsible for knowing who is transporting the hazardous waste so that he can ensure that the waste will reach the designated facility.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
10/30/1990TRANSFER FACILITY REGULATION INTERPRETATIONMemo
 Description: A transportation company has one ID number. All company trucks are assigned the same number. Transporters may consolidate hazardous waste (HW) shipments at a transfer facility. They must indicate the new composition and re-manifest the waste to the original designated facility. A TSDF can be a transfer facility if it is not already the designated facility. Waste is in the custody of the last transporter that signed the manifest until the designated facility or the next transporter signs it. Transfer facilities are subject to HW discharge requirements. Burners and marketers must notify EPA of HW fuel activities, even if they already have ID numbers (SUPERSEDED: see Part 266, Subpart H).
 
06/07/1990TRANSPORTATION REGULATIONSMemo
 Description: Manifested waste may temporarily be stored at a transfer facility for less than 10 days during the normal course of transportation. Using multiple transporters to buy time in order to accumulate waste quantities to fill transport vehicle not in “normal course of transportation”.
 
03/01/1990BULKING OR CONTAINERIZING COMPATIBLE HAZARDOUS WASTES FOR TRANSPORTATIONMemo
 Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).
 
11/17/1989NITRIC ACID WASTE CHARACTERIZATIONMemo
 Description: While Federal regulations do not require waste codes on the manifest, nitric acid waste that is both ignitable (D001) (i.e., an oxidizer) and corrosive (D002) must be managed in compliance with all special requirements for D001 (e.g., 264.17) and D002 wastes. A waste exhibiting two characteristics carries two waste codes.
 
09/01/1989MANIFEST REQUIREMENTS AND THE OFF-SITE DEFINITIONQuestion & Answer
 Description: Waste moved within a corporate park among wholly owned subsidiaries without use of public road does not need a manifest because it is not transported off-site. Off-site is interpreted as that which is not on-site.
 
07/20/1989TRANSPORTERS MOVING WASTE FROM LARGE CONTAINERS TO SMALLER CONTAINERS AT TRANSFER FACILITIESMemo
 Description: A transporter repackaging waste from one container to another (e.g., consolidating) or mixing hazardous waste at a transfer facilities does not need a permit, unless the transporter is conducting treatment.
 
07/13/1989UNIFORM HAZARDOUS WASTE MANIFESTMemo
 Description: A manifest is no longer required to have a burden box statement.
 
04/01/1989GENERATOR STANDARDS APPLICABLE TO TRANSPORTERSQuestion & Answer
 Description: Transporters who mix wastes of different DOT descriptions are not generators of waste. Instead, they assume generator responsibilities such as initiating a new manifest or amending an existing manifest. Previous manifests must be attached to the new manifest.
 
04/01/1989GENERATOR STANDARDS APPLICABLE TO TRANSPORTERSQuestion & Answer
 Description: Transporters who mix wastes are not eligible for the 262.34 accumulation time provision. Transporters may hold waste for ten days or less at a transfer facility without a permit.
 
03/20/1989REGULATORY STATUS OF CANCELLED HERBICIDE DINOSEBMemo
 Description: Canceled dinoseb herbicide product becomes solid waste at point it is to be sent for disposal. The dinoseb is U015 when discarded unused if it is technical grade or if dinoseb is the sole active ingredient. Congress clearly intended RCRA Subtitle C to cover transportation of hazardous waste. The waste management system is a "cradle-to-grave" system.
 
12/09/1988RCRA STORAGE FACILITY REQUIREMENTS, OFF-LOADING FROM TANK TRUCKSMemo
 Description: EPA allows time for off-loading of hazardous waste fuel into an incinerator without requiring a storage permit. The specific time frame determined by the appropriate Region or state implementing agency. The omnibus authority may be used to ensure safe off-loading.
 
08/31/1988HAZARDOUS WASTE RECYCLERSMemo
 Description: A recycling facility where waste is directly off-loaded from vehicles into recycling equipment does not need a storage permit. Each facility must be evaluated on a case-by-case basis to determine if storage occurs. The arrival of waste at designated facility is the end of the transportation phase, therefore a designated facility (e.g., recycling facility) cannot be a transfer facility. A piece of property contiguous to a designated facility cannot be a transfer facility.
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
02/25/1988ATON BATTERIES, GENERATOR DEFINITION FORMemo
 Description: A generator site may include each vessel where waste is generated. If a buoy is brought onto a ship to remove an ATON battery, the ship is the generation site rather than the buoy. A ship accumulates spent batteries per 262.34. A shore facility accepting spent batteries may qualify as a transfer facility (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022 and Part 273).
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
10/01/1987MANIFESTING REQUIREMENTSQuestion & Answer
 Description: Transporters distributing or splitting waste from a bulk storage tank into several loads at a transfer facility, for delivery by different transporters, would need to ensure that the generator prepared separate manifests noting the total amount of waste and that the waste will be split among the different transporters (SEE ALSO: RPC#8/7/98-02).
 
08/31/1987MIXING LOW AND HIGH BTU WASTES - SHAM BURNING, BLENDING, MANIFESTINGMemo
 Description: Sham burning (less that 5000 Btu/lb heating value) determination is site-specific. Blending high and low Btu value waste may not render subsequent burning sham (SUPERSEDED: see 11/8/94-01; 266.100). A listed waste treatment residue retains the listing. EPA waste codes are not required on the manifest by EPA, but States or DOT may require them (SEE ALSO: RPC# 11/17/89-01).
 
08/31/1987MIXTURES OF WASTES AND LEGITIMATE BURNING FOR ENERGY RECOVERYMemo
 Description: A sham recycling of waste by burning (less than 5000 Btu heating value) determination is site-specific. The blending of high and low Btu value waste may not render subsequent burning a sham (SUPERSEDED: RPC# 11/8/94-01; 266.100). A listed waste treatment residue retains its listing. EPA waste codes are not required on the manifest by EPA, but states or DOT may require them (SEE ALSO: RPC# 11/17/89-02).
 
08/01/1987DOT MANIFEST REQUIREMENTSQuestion & Answer
 Description: DOT requires hazardous waste generators to include waste codes and waste descriptions on hazardous waste manifests. Provides a summary of the DOT manifest regulations found under 49 CFR Parts 171 and 172.
 
07/30/1987AIDS TO NAVIGATION (ATON) BATTERIES AND RCRA REQUIREMENTSMemo
 Description: Each ATON unit service area (landbased or tender vehicle) is a point of generation (ships as generators) that is subject to the applicable generator standards (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Aids to navigation batteries (ATON) that are removed from service must be manifested. The location where the battery is removed from service is a waste generation site. Batteries may be held for up to 10 days at a transfer facility (SEE ALSO: Part 273). The entire aid to navigation (ATON) battery is counted in weight calculations. Each ATON unit service area (landbased or tender vehicle) is a point of generation that is subject to the applicable generator standards. The satellite accumulation area provisions do not apply to ATON service locations (SEE ALSO: Part 273).
 
04/01/1987MULTIPLE GENERATOR LOCATION AND CONSOLIDATION (CURRENTLY UNDER REVIEW BY EPA HQ)Question & Answer
 Description: CESQGs must ensure the delivery of waste to one of five types of facilities listed in 261.5(g)(3)(i)-(v) (SUPERSEDED: 261.5 now allows delivery to seven types of facilities). A company may consolidate waste from multiple CESQGs as a transfer facility. CESQG waste that is not sent to a facility specified in 261.5(g)(3)(i)-(v) no longer qualifies for the conditional exemption (SEE ALSO: 61 FR 34252; 7/1/96, 60 FR 25492; 5/11/95) (Currently under EPA review).
 
11/17/1986LISTING HAZARDOUS WASTE NUMBERS ON GENERATOR PAPERWORKMemo
 Description: A generator is not required to list waste codes on the manifest. States might require waste codes. When completing notification form 8700-12 , the generator must list all the individual hazardous waste codes generated.
 
10/01/1986EXPORT OF RECYCLABLE MATERIALSQuestion & Answer
 Description: Primary exporters of recyclable materials that are used for precious metals recovery are subject to the export regulations. Transporters must ensure the Acknowledgment of Consent accompanies the shipment, and that the shipment conforms to the Acknowledgment of Consent.
 
09/29/1986RESPONSES TO ACCIDENTAL SPILLS OF LISTED OR CHARACTERISTIC HAZARDOUS WASTESMemo
 Description: An authorized official may approve the removal of a transportation spill without an EPA ID number or a manifest in an emergency. The transporter must respond immediately. A summary of the exemption from the sections 264 and 265 standards for immediate responses to hazardous waste discharges. Spills should be addressed in accordance with the contingency plan. Spills that are not cleaned up become land disposal sites subject to permitting. There is no definition of immediate response. Spill areas where hazardous waste is treated, disposed, or stored past an immediate response phase are subject to interim status and permitting standards. RCRA regulations do not specify the cleanup standards for spill situations.
 
09/25/1986MANAGEMENT OF WASTES PRIOR TO INTRODUCTION INTO SEWERMemo
 Description: A facility that generates a hazardous waste and ships it to POTW for treatment must comply with all applicable accumulation and transportation requirements, including the manifest.
 
04/30/1986PIPELINE TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: The definition of transportation does not include pipeline transport. Part 263 does not apply to pipeline movement of hazardous waste (HW). Pipeline transport of HW is not forbidden by RCRA. CERCLA and RCRA cleanup authorities may apply to HW pipeline facilities.
 
04/16/1986MOBILE RECYCLING UNIT FOR REPROCESSING WASTE SOLVENTSMemo
 Description: Vehicles that do not transport hazardous waste do not need manifests or transporter status. Reclamation activities are not regulated. Storage, transportation associated with recycling are regulated. In authorized states, comply with the state rules.
 
04/10/1986TEN DAY REGULATION FOR TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: Transporters storing manifested waste at a transfer facility for 10 days or less are not subject to permitting. The 10 days does not include waste in transit, only the waste in storage.
 
01/06/1986RECYCLING OF MOLDING AND CASTING SANDSMemo
 Description: Foundry sands are spent materials and are solid wastes when reclaimed (SEE ALSO: RPC# 3/28/2001-01). Foundry sands are hazardous wastes if they exhibit the toxicity characteristic for lead. Once regenerated or reclaimed, foundry sands are not solid wastes and are exempt even if shipped off-site for coating before use. The reclamation process is exempt. The storage and transportation of spent material before reclamation is subject to regulation.
 
11/29/1985CANADIAN MANIFEST FOR SHIPMENTS ENTERING THE U.S.Memo
 Description: Generators and transporters are only required to prepare and carry the U.S. Uniform Hazardous Waste Manifest for shipments of hazardous waste from U.S. to Canada. The EPA is considering implementing similar provisions for wastes originating in Canada and transported to the U.S.
 
09/19/1985BULKING AND CONSOLIDATING SHIPMENTS OF COMPATIBLE WASTES WITH DIFFERENT HAZARDOUS CODESMemo
 Description: Consolidating wastes with different DOT descriptions at transfer facilities is not treatment if it does not render the waste nonhazardous. Consolidating wastes of different DOT description requires a new manifest. Transporters can repackage waste from one container to another.
 
06/25/1985GENERATOR RESPONSIBILITIES FOR IMPORTATION OF HAZARDOUS WASTEMemo
 Description: The importer is the generator. The transporter and the U.S. facility arranging the import are importers and cogenerators. There is joint and several liability for generators and cogenerators. Imported hazardous waste (HW) must be manifested. Imported HW is subject to all applicable manifest requirements even if the importer and TSDF are the same.
 
06/01/1985SQG MANIFEST DESIGNATION FOR PLASTIC BOTTLESQuestion & Answer
 Description: Plastic containers (similar to Clorox bottles) containing hazardous waste must be categorized as “DF” in item 12 on the manifest; “DF” means fiberboard or plastic drums, barrels, or kegs.
 
09/01/1984BLOCK TWELVE (CONTAINER TYPE)Question & Answer
 Description: The relationship of DOT container regulations for large batteries (battery) and Item 12 on the manifest are discussed.
 
08/13/1984RECYCLING FACILITIES AND THE MANIFEST SYSTEMMemo
 Description: Storage prior to recycling is regulated under RCRA Subtitle C. Recyclers who do not store hazardous waste before recycling are not subject to regulation. Recycling facilities cannot qualify as transfer facilities.
 
06/01/1984RECEIVING FACILITY NEEDS EPA ID NUMBERQuestion & Answer
 Description: A facility that receives hazardous waste in a U.S. port prior to export needs an EPA ID number. The facility also needs a storage permit, unless it is a transfer facility.
 
06/01/1984RENOTIFICATION FOR NEWLY LISTED WASTESQuestion & Answer
 Description: A generator, transporter, or TSDF owner or operator must renotify for newly listed wastes only if the Administrator specifically requires renotification in the Federal Register notice for the newly listed waste (SEE ALSO: contact implementing agency).
 
03/01/1984SHIPPING PAPER INSTEAD OF MANIFESTQuestion & Answer
 Description: Bulk water and intermediate rail transporters must have EPA ID numbers, although they may use a shipping paper in lieu of the manifest. A generator must record on the manifest the name and EPA ID number of all transporters.
 
10/01/1983MANIFEST FOR SPLIT SHIPMENTQuestion & Answer
 Description: Provides guidance on completing the manifest when one rail shipment of waste is divided among five tank trucks for transport to the designated facility identified on the manifest (SEE ALSO: RPC#8/7/98-02).
 
08/03/1983RESPONSE TO REGION V’S EPA IDENTIFICATION NUMBER QUESTIONSMemo
 Description: ID numbers site-, not owner-specific. A generator or TSDF at a new site gets a new site number. Corporations at the same site can have different numbers. A lessor of federal property on a federal site may get a separate number. A transporter company has one number for all trucks and trucking locations.
 
01/01/1983CONSOLIDATION OF SHIPMENTS AND MIXING OF HAZARDOUS WASTE BY TRANSPORTERSQuestion & Answer
 Description: Transporters consolidating wastes with the same DOT descriptions at a transfer facility are not required to remanifest the waste, and are not subject to generator standards. Containers empty per 261.7 are not subject to regulation.
 
09/29/1981STATES’ ROLE IN ASSIGNING EPA IDENTIFICATION NUMBERSMemo
 Description: Unauthorized states are encouraged to assist EPA in assigning ID numbers. EPA encourages states that issue their own ID numbers to adopt EPA’s numbering system. Facilities may obtain an EPA ID number if they are handling waste only regulated by the state (not EPA). Discusses the ID number issuing process.
 
11/26/1980PROGRAM IMPLEMENTATION GUIDANCE ON ISSUANCE OF PROVISIONAL EPA I.D. NUMBERSMemo
 Description: Provisional identification numbers may be issued to generators or transporters at the discretion of the Regions. Officials may also waive the ID number requirement for generators and transporters responding to discharges of hazardous waste.
 
06/18/1980DOT'S ROLE IN THE TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: EPA and DOT have a memorandum of understanding (MOU) for the jurisdiction of discharges of hazardous waste, intrastate inspection, compliance, and enforcement. State authorization includes provisions for transporter regulations and whether the state’s program is equivalent to the DOT standards.
 
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