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EPA Self-Audit and Inspection Guide
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Standards Applicable to Generators of Hazardous Waste 40CFR262.10 -- 40CFR262.89)

The following is a summary of the referenced federal rules, as published in the Code of Federal Regulations (CFR). This information is provided as an aide to help understand the requirements of the federal regulations, as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for legal or other professional services. CFR citation numbers for each subpart are indicated, while the full text of the CFR citations can be viewed by clicking HERE and following the directions.

Subpart A -- General (40CFR262.10 -- 40CFR262.12)

Generators of hazardous waste are facilities that produce, treat, store, dispose, or import hazardous wastes, as defined by 40 CFR Part 261. This includes manufacturing facilities, as well as farmers or operators of treatment, storage, and disposal (TSD) facilities who ship hazardous wastes. Generators are required to comply with the standards of this part, which include manifesting, accumulating, pre-transport handling, recordkeeping and reporting.

Hazardous waste determination (40CFR262.11)
To determine if a solid waste is hazardous, the generator must determine if the waste is listed in 40 CFR Part 261, or test the material to see if it has any characteristics of hazardous wastes, or use knowledge of the processes used to generate the waste to evaluate the hazard characteristics of the waste.

EPA identification numbers (40CFR262.12)
Certain hazardous waste generators must have the 12 digit EPA identification number to perform the requirements of this part.

Subpart B -- The Manifest (40CFR262.20 -- 40CFR262.23)

General requirements (40CFR262.20)
Manifests must be used by generators who transport, or offer for transportation, hazardous waste for off-site treatment, storage, or disposal. Information to be contained on the manifest includes the name of the facility to handle the waste, and alternate facilities in case of an emergency. Small quantity generators that reclaim hazardous wastes are not required to complete the manifest so long as certain contractual arrangements are met.

Acquisition of manifests (40CFR262.21)
The generator has several options for acquiring and using manifests, based on the availability of forms from consignment and generating states.

 Number of Copies (40CFR262.22)
The generator, each transporter, and the owner or operator of the designated disposal facility must each have one copy their records and another copy to be returned to the generator.”

Use of the Manifest (40CFR262.23)
The manifest is used to track the movement of the hazardous waste as it is transported from the generator to its final destination and facilities. Copies of the manifest must be provided to each transporter, each transfer station for the waste, and the final endpoint for the waste.

Subpart C -- Pre-Transport Requirements (40CFR262.30 -- 40CFR262.34)

Packaging (40CFR262.30)
A generator must package the waste in accordance with the applicable Department of Transportation regulations on hazardous materials (49CFR173 et seq, 49CFR178 et seq, and 49CFR179 et seq).

Labeling (40CFR262.31)
A generator must label each package in accordance with the applicable Department of Transportation regulations on hazardous materials (see 49CFR172.1 et seq).

Marking (40CFR262.32)
A generator must mark each package in accordance with the applicable Department of Transportation regulations on hazardous materials (see 49CFR172.1 et seq). Large containers must be marked with additional information to protect against accidents.

Placarding (40CFR262.33)
A generator must placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under (see 49CFR172 et seq).

Accumulation time (40CFR262.34)
Waste can be accumulated on-site for 90 days or less without a permit, or without having interim status, if stored in acceptable containers marked with the original date of storage, and if records of dates of storage and removal from storage are maintained. Additional time is allowed for accumulation of wastes by small quantity generators depending on the total amount collected during storage and the distance to treatment and disposal facilities.

Subpart D -- Recordkeeping and Reporting (40CFR262.40 -- 40CFR262.44)

Recordkeeping (40CFR262.40)
Generators must maintain copies of original manifests or a signed copy from the designated facility that receives the waste for three years. Biennial reports and any test results, waste analyses, or other determinations must also be kept for three years. Land Ban notifications and certifications must be kept for five years.

Biennial report (40CFR262.41)
Each facility must prepare and submit a report of hazardous waste management actions every two years. The report must document the different types and volumes of waste generated, facilities where waste was shipped, and efforts undertaken to reduce waste generation.

Exception reporting (40CFR262.41)
The generator must notify EPA when manifests are not returned in the time required.

Additional reporting (40CFR262.42)
Generators may be required to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 CFR Part 261.”

Subpart E -- Exports of Hazardous Waste (40CFR262.50 -- 40CFR262.58)

Generators who wish to export their hazardous waste outside the United States must follow similar rules for manifests and submitting reports. In addition, generators must notify the EPA of their intent and gain consent of the receiving country to transport the waste into their boundaries.

Subpart F -- Imports of Hazardous Waste (40CFR262.60)

Manifest requirements for a person importing hazardous waste from a foreign country are similar to those of generators.

Subpart G -- Farmers (40CFR262.70)

A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards in this part or other standards of this chapter. However, pesticide containers must be washed accordingly and dispose of residual quantities in accordance with label instructions.

Subpart H -- Transfrontier Shipments of Hazardous Waste for Recovery Within the OECD (40CFR262.80 -- 40CFR262.89)

Transfrontier shipments of hazardous waste for recovery within certain countries must follow similar requirements as exporters of hazardous waste including notification and consent, manifests, contracts for recovery processes, etc.

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