	RCRA REVISION CHECKLIST 237
                                       
                  Hazardous Waste Generator Improvements Rule
                               81 FR 85732-85829
                               November 28, 2016
	(RCRA Cluster XXV, Non-HSWA)

                              
Name of State:  Virginia

State Statutory Authority: § 10.1-1402 of the Code of Virginia

Title of Regulations:  Virginia Hazardous Waste Management Regulations, 9VAC20-60

Effective Date:   April 8, 2018 (Virginia Register, Volume 34, Issue 14, March 5, 2018)

Date Checklist Completed:  September 23, 2019
                                       
                                       
                                       
                                       
                             FEDERAL REQUIREMENTS
                                       
                             FEDERAL RCRA CITATION
                                       
                           ANALOGOUS STATE CITATION
                                       
                               STATE ANALOG IS:
                                                                               




                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE
                                                                               
            PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
                                                                               
                              SUBPART A - GENERAL
                                                                               
Revise the introductory text to read as follows: As used in parts 260 through 273 of this chapter:
260.3
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       

                                                                               
                            SUBPART B - DEFINITIONS
                                                                               
DEFINITIONS
                                                                               
Add "Acute hazardous waste" to mean: hazardous wastes that meet the listing criteria in § 261.11(a)(2) and therefore are either listed in § 261.31 of this chapter with the assigned hazard code of (H) or are listed in § 261.33(e) of this chapter.
260.10 
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Add "Central accumulation area" to mean: any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either § 262.16 (for small quantity generators) or § 262.17 of this chapter (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under 40 CFR part 262 subpart K is also subject to § 262.211 when accumulating unwanted material and/or hazardous waste.
260.10 
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Add "Large quantity generator" to mean a generator who generates any of the following amounts in a calendar month: 
(1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter; or 
(3) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter.
260.10 
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Add "Non-acute hazardous waste" to mean: all hazardous wastes that are not acute hazardous waste, as defined in this section.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Remove the definition for "Performance Track member facility"
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Revise "Small quantity generator" to mean: a generator who generates the following amounts in a calendar month: 
(1) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter; and 
(3) Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Add "Very small quantity generator" to mean: a generator who generates less than or equal to the following amounts in a calendar month: 
(1) 100 kilograms (220 lbs) of non-acute hazardous waste; and 
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter; and 
(3) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A. 
                                       X
                                       
                                       
                                       
                                                                               
Revise the section heading to read as follows: Incorporation by reference
260.11 section heading
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: "Flammable and Combustible Liquids Code" (NFPA 30), 1977 or 1981, IBR approved for §§ 262.16(b), 264.198(b), 265.198(b), 267.202(b).
260.11(d)(1) 
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X
                                       
                                       
                                       
                                                                               
           PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                                                               
                              SUBPART A - GENERAL
                                                                               
Revise to read: Subpart A defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under parts 262 through 266, 268 and 270 of this chapter and establishes special management requirements for hazardous waste produced by very small quantity generators and hazardous waste which is recycled.
261.1(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
261.1(c)(6)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: Spent sulfuric acid used to produce virgin sulfuric acid provided it is not accumulated speculatively as defined in § 261.1(c) of this chapter.
261.4(a)(7)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove and reserve
261.5
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                              2
Add: Section 265.75 of this chapter (biennial reporting requirements).
261.6(c)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
                    SUBPART D  -  LISTS OF HAZARDOUS WASTES
                                                                               
Revise to read: The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H).
261.33(e) introductory text
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T) unless otherwise designated.
261.33(f) introductory text
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART M EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS
                                                                               
Add paragraph (g): Personnel training. All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
261.420(g)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X
                                       
                                       
                                       
                                                                               
      PART 262  -  STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
                                                                               
                              SUBPART A - GENERAL
                                                                               
Add 261.1 to read as follows: Terms used in this part.
262.1 heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.  
                                       X
                                       
                                       
                                       
                                                                               
As used in this part:

262.1 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Add "Condition for exemption" to mean: any requirement in §§ 262.14, 262.15, 262.16, 262.17, 262.70, or subpart K or subpart L of this part that states an event, action, or standard that must occur or be met in order to obtain an exemption from any applicable requirement in parts 124, 264 through 268, and 270 of this chapter, or from any requirement for notification under section 3010 of RCRA.
262.1
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Add "Independent requirement" to mean: a requirement of part 262 that states an event, action, or standard that must occur or be met; and that applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from storage facility permit, interim status, and operating requirements under §§ 262.14, 262.15, 262.16, 262.17, or subpart K or subpart L of this part.
262.1
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Revise paragraph (a) to read as follows: The regulations in this part establish standards for generators of hazardous waste as defined by 40 CFR 260.10.
262.10(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A person who generates a hazardous waste as defined by 40 CFR part 261 is subject to all the applicable independent requirements in the subparts and sections listed below:
262.10(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       

                                                                               
Independent requirements of a very small quantity generator.
262.10(a)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.11(a) through (d) Hazardous waste determination and recordkeeping; and
262.10(a)(1)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.13 Generator category determination.
262.10(a)(1)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Independent requirements of a small quantity generator.
262.10(a)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.11 Hazardous waste determination and recordkeeping;
262.10(a)(1)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.13 Generator category determination;
262.10(a)(1)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;
262.10(a)(1)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Part 262 subpart B -- Manifest requirements applicable to small and large quantity generators;
262.10(a)(1)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Part 262 subpart C -- Pre-transport requirements applicable to small and large quantity generators;
262.10(a)(1)(ii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.40 Recordkeeping;
262.10(a)(1)(ii)(F)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.44 Recordkeeping for small quantity generators; and
262.10(a)(1)(ii)(G)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              1
Part 262 subpart H -- Transboundary movements of hazardous waste for recovery or disposal.
262.10(a)(1)(ii)(H)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Independent requirements of a large quantity generator.
262.10(a)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.11 Hazardous waste determination and recordkeeping;
262.10(a)(1)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.13 Generator category determination;
262.10(a)(1)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Section 262.18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;
262.10(a)(1)(iii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Part 262 subpart B -- Manifest requirements applicable to small and large quantity generators;
262.10(a)(1)(iii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Part 262 subpart C -- Pre-transport requirements applicable to small and large quantity generators;
262.10(a)(1)(iii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Part 262 subpart D -- Recordkeeping and reporting applicable to small and large quantity generators, except § 262.44; and
262.10(a)(1)(iii)(F)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              1
Part 262 subpart H -- Transboundary movements of hazardous waste for recovery or disposal.
262.10(a)(1)(iii)(G)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of parts 124, 264 through 267, and 270 of this chapter and section 3010 of RCRA, unless it is one of the following:
262.10(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A very small quantity generator that meets the conditions for exemption in § 262.14;
262.10(a)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator that meets the conditions for exemption in §§ 262.15 and 262.16; or
262.10(a)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator that meets the conditions for exemption in §§ 262.15 and 262.17.
262.10(a)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in § 260.10 of this chapter, or not otherwise authorized to receive the generator's hazardous waste.
262.10(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Revise to read as follows: Determining generator category. A generator must use § 262.13 to determine which provisions of this part are applicable to the generator based on the quantity of hazardous waste generated per calendar month.
262.10(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              1
Revise to read as follows: Any person who exports or imports hazardous wastes must comply with § 262.18 and subpart H of this part.
262.10(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Revise to read as follows: A generator's violation of an independent requirement is subject to penalty and injunctive relief under section 3008 of RCRA.
262.10(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under section 3008 of RCRA as a violation of a 40 CFR part 262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in 40 CFR parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under section 3008 of RCRA.
262.10(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Remove and reserve
262.10(j)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of subpart K of this part are not subject to (for purposes of this paragraph, the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in § 262.200):
262.10(l)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The independent requirements of § 262.11 or the regulations in § 262.15 for large quantity generators and small quantity generators, except as provided in subpart K, and
262.10(l)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The conditions of § 262.14, for very small quantity generators, except as provided in subpart K.
262.10(l)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Heading is revised to add "and recordkeeping."
262.11 heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A person who generates a solid waste, as defined in 40 CFR 261.2, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA regulations. A hazardous waste determination is made using the following steps:
262.11 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.
262.11(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A person must determine whether the solid waste is excluded from regulation under 40 CFR 261.4.
262.11(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If the waste is not excluded under 40 CFR 261.4, the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under subpart D of 40 CFR part 261. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to the Administrator that the waste from this particular site or operation is not a hazardous waste.
262.11(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in subpart C of 40 CFR part 261 by following the procedures in paragraph (d)(1) or (2) of this section, or a combination of both.
262.11(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The person must apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge may include process knowledge (e.g., information about chemical feedstocks and other inputs to the production process); knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in subpart C of 40 CFR part 261, or an equivalent test method approved by the Administrator under 40 CFR 260.21, may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at 40 CFR 260.10.
262.11(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in subpart C of 40 CFR part 261 or according to an equivalent method approved by the Administrator under 40 CFR 260.21 and in accordance with the following:
262.11(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at 40 CFR 260.10.
262.11(d)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Where a test method is specified in subpart C of 40 CFR part 261, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste.
262.11(d)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to management of the specific waste.
262.11(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Recordkeeping for small and large quantity generators. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined by 40 CFR 261.3 Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generator's knowledge of the waste and support the generator's determination, as described at paragraphs (c) and (d) of this section. The records must include, but are not limited to, the following types of information: the results of any tests, sampling, waste analyses, or other determinations made in accordance with this section; records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and records which explain the knowledge basis for the generator's determination, as described at 40 CFR paragraph (d)(1) of this section. The periods of record 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 Administrator.
262.11(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Identifying hazardous waste numbers for small and large quantity generators. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to § 262.32.
262.11(g)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Remove and reserve
262.12
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
                   Add sections 262.13 to 262.18 as follows:
                                                                               
Generator category determination.
262.13 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in § 260.10 of this chapter.
262.13 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:
262.13(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Counting the total amount of hazardous waste generated in the calendar month;
262.13(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Subtracting from the total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section; and
262.13(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Determining the resulting generator category for the hazardous waste generated using Table 1 of this section.
262.13(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A
                                       X
                                       
                                       
                                       
                                                                               
Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following:
262.13(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       

                                                                               
Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month;
262.13(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Subtracting from each total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section;
262.13(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1 of this section; and
262.13(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Comparing the resulting generator categories from paragraph (b)(3) of this section and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month.
262.13(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       





















                                                                               
TABLE 1 to § 262.13 -- Generator Categories Based on Quantity of Waste Generated In A Calendar Month
Quantity of acute hazardous waste generated in a calendar month
Quantity of non-acute hazardous waste generated in a calendar month
Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month
Generator Category
> 1 kg 
Any amount
Any amount
Large quantity generator
Any amount
>= 1,000 kg
Any amount
Large quantity generator
Any amount
Any amount
> 100 kg
Large quantity generator
<=  1 kg
> 100 kg and < 1,000 kg
<= 100 kg
Small quantity generator
<=  1 kg
<= 100 kg
<= 100 kg
Very small quantity generator

                                                                               
When making the monthly quantity-based determinations required by this part, the generator must include all hazardous waste that it generates, except hazardous waste that:
262.13(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8;
262.13(c)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 CFR 260.10;
262.13(c)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 CFR 261.6(c)(2);
262.13(c)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 279;
262.13(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Is spent lead-acid batteries managed under the requirements of 40 CFR part 266 subpart G;
262.13(c)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273;
262.13(c)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Is a hazardous waste that is an unused commercial chemical product (listed in 40 CFR part 261 subpart D or exhibiting one or more characteristics in 40 CFR part 261 subpart C) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to § 262.213. For purposes of this provision, the term eligible academic entity shall have the meaning as defined in § 262.200; or
262.13(c)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       

                                                                               
Is managed as part of an episodic event in compliance with the conditions of subpart L of this part.
262.13(c)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In determining the quantity of hazardous waste generated in a calendar month, a generator need not include:
262.13(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once;
262.13(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       

                                                                               
Hazardous waste generated by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; and
262.13(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on site, so long as such spent materials have been previously counted once.
262.13(d)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Based on the generator category as determined under this section, the generator must meet the applicable independent requirements listed in § 262.10. A generator's category also determines which of the provisions of §§ 262.14, 262.15, 262.16 or 262.17 must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.
262.13(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Mixing hazardous wastes with solid wastes -- 
262.13(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Very small quantity generator wastes.
262.13(f)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous wastes generated by a very small quantity generator may be mixed with solid wastes. Very small quantity generators may mix a portion or all of its hazardous waste with solid waste and remain subject to § 262.14 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator at § 260.10 of this chapter, unless the mixture exhibits one or more of the characteristics of hazardous waste identified in part 261 subpart C of this chapter.
262.13(f)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly-generated hazardous waste. The very small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories found in § 260.10 of this chapter. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator must meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator must also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.
262.13(f)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If a very small quantity generator's wastes are mixed with used oil, the mixture is subject to 40 CFR part 279. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under 40 CFR part 279.
262.13(f)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Small quantity generator and large quantity generator wastes.
262.13(f)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule in §§ 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the prohibition of dilution rule at § 268.3(a); the land disposal restriction requirements of § 268.40 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement at § 262.11.
262.13(f)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly-generated hazardous waste. A small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories found in § 260.10 of this chapter. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator must meet the conditions for exemption applicable to a large quantity generator. The small quantity generator must also comply with the applicable independent requirements for a large quantity generator.
262.13(f)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Conditions for exemption for a very small quantity generator.
262.14 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Provided that the very small quantity generator meets all the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements of parts 124, 262 (except §§ 262.10-262.14) through 268, and 270 of this chapter, and the notification requirements of section 3010 of RCRA and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. The conditions for exemption are as follows:
262.14(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In a calendar month the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator" in § 260.10 of this chapter;
262.14(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The very small quantity generator complies with § 262.11(a) through (d);
262.14(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If the very small quantity generator accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §§ 261.31 or 261.33(e) of this chapter, all quantities of that acute hazardous waste are subject to the following additional conditions for exemption:
262.14(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       

                                                                               
Such waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided above; and
262.14(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The conditions for exemption in § 262.17(a) through (g).
262.14(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the very small quantity generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption:
262.14(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Such waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided above;
262.14(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The quantity of waste accumulated on site never exceeds 6,000 kilograms (13,200 lbs); and
262.14(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The conditions for exemption in § 262.16(b)(2) through (f).
262.14(a)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in paragraphs (a)(3) and (4) of this section must either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:
262.14(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Permitted under part 270 of this chapter;
262.14(a)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In interim status under parts 265 and 270 of this chapter;
262.14(a)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Authorized to manage hazardous waste by a state with a hazardous waste management program approved under part 271 of this chapter;
262.14(a)(5)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to part 258 of this chapter;
262.14(a)(5)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to the requirements in §§ 257.5 through 257.30 of this chapter;
262.14(a)(5)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A facility which:
262.14(a)(5)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or
262.14(a)(5)(vi)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;
262.14(a)(5)(vi)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
For universal waste managed under part 273 of this chapter, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter;
262.14(a)(5)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:
262.14(a)(5)(viii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The very small quantity generator and the large quantity generator are under the control of the same person as defined in § 260.10 of this chapter. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in § 260.10 of this chapter shall not be deemed to "control" such generators.
262.14(a)(5)(viii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The very small quantity generator marks its container(s) of hazardous waste with:
262.14(a)(5)(viii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste" and
262.14(a)(5)(viii)(B)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).
262.14(a)(5)(viii)(B)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
262.14(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with subpart L of this part in lieu of §§ 262.15, 262.16, and 262.17.
262.14(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Satellite accumulation area regulations for small and large quantity generators.
262.15 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator may accumulate as much as 55 gallons of non-acute hazardous waste and/or either one quart of liquid acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter or 1 kg (2.2 lbs) of solid acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter 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 the requirements of parts 124, 264 through 267, and 270 of this chapter, provided that all of the conditions for exemption in this section are met. A generator may comply with the conditions for exemption in this section instead of complying with the conditions for exemption in § 262.16(b) or § 262.17(a), except as required in § 262.15(a)(7) and (8). The conditions for exemption for satellite accumulation are:
262.15(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with § 262.16(b) or § 262.17(a).
262.15(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
262.15(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Special standards for incompatible wastes.
262.15(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless § 265.17(b) of this chapter is complied with.
262.15(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless § 265.17(b) of this chapter is complied with.
262.15(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.
262.15(a)(3)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding hazardous waste must be closed at all times during accumulation, except:
262.15(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
When adding, removing, or consolidating waste; or
262.15(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
When temporary venting of a container is necessary
262.15(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
For the proper operation of equipment, or
262.15(a)(4)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
To prevent dangerous situations, such as build-up of extreme pressure.
262.15(a)(4)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator must mark or label its container with the following:
262.15(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste" and
262.15(a)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).
262.15(a)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A generator who accumulates either acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter or non-acute hazardous waste in excess of the amounts listed in paragraph (a) of this section at or near any point of generation must do the following:
262.15(a)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Comply within three consecutive calendar days with the applicable central accumulation area regulations in § 262.16(b) or § 262.17(a), or
262.15(a)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Remove the excess from the satellite accumulation area within three consecutive calendar days to either:
262.15(a)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A central accumulation area operated in accordance with the applicable regulations in § 262.16(b) or § 262.17(a);
262.15(a)(6)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
An on-site interim status or permitted treatment, storage, or disposal facility, or
262.15(a)(6)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
An off-site designated facility; and
262.15(a)(6)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
During the three-consecutive-calendar-day period the generator must continue to comply with paragraphs (a)(1) through (5) of this section. The generator must mark or label the container(s) holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
262.15(a)(6)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
All satellite accumulation areas operated by a small quantity generator must meet the preparedness and prevention regulations of § 262.16(b)(8) and emergency procedures at § 262.16(b)(9).
262.15(a)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
All satellite accumulation areas operated by a large quantity generator must meet the Preparedness, Prevention and Emergency Procedures in subpart M of this part.
262.15(a)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Reserved
262.15(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Conditions for exemption for a small quantity generator that accumulates hazardous waste.
262.16 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA, provided that all the conditions for exemption listed in this section are met:
262.16 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Generation. The generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator" in § 260.10 of this chapter.
262.16(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation. The generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in paragraphs (d) and (e) of this section. The following accumulation conditions also apply:
262.16(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation limit. The quantity of hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200 pounds);
262.16(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of hazardous waste in containers -- 
262.16(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.
262.16(b)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Compatibility of waste with container. The small quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
262.16(b)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Management of containers.
262.16(b)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.
262.16(b)(2)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.
262.16(b)(2)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Inspections. At least weekly, the small quantity generator must inspect central accumulation areas. The small quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See paragraph (b)(2)(i) of this section for remedial action required if deterioration or leaks are detected.
262.16(b)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Special conditions for accumulation of incompatible wastes.
262.16(b)(2)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless § 265.17(b) of this chapter is complied with.
262.16(b)(2)(v)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless § 265.17(b) of this chapter is complied with.
262.16(b)(2)(v)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
262.16(b)(2)(v)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of hazardous waste in tanks.
262.16(b)(3)

                                       X
                                       
                                       
                                       
                                                                               
Reserved
262.16(b)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator of hazardous waste must comply with the following general operating conditions:
262.16(b)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Treatment or accumulation of hazardous waste in tanks must comply with § 265.17(b) of this chapter.
262.16(b)(3)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.
262.16(b)(3)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
262.16(b)(3)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank).
262.16(b)(3)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Except as noted in paragraph (b)(3)(iv) of this section, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present:
262.16(b)(3)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order;
262.16(b)(3)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;
262.16(b)(3)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The level of waste in the tank at least once each operating day to ensure compliance with paragraph (b)(3)(ii)(C) of this section;
262.16(b)(3)(iii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and
262.16(b)(3)(iii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
262.16(b)(3)(iii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly, where applicable, the areas identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the alternate inspection schedule must be documented in the generator's operating record. This documentation must include a description of the established workplace practices at the generator.
262.16(b)(3)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Reserved
262.16(b)(3)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator accumulating hazardous waste in tanks must, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid waste removed from its tank is not a hazardous waste, then it must manage such waste in accordance with all applicable provisions of parts 262, 263, 265 and 268 of this chapter.
262.16(b)(3)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator must comply with the following special conditions for accumulation of ignitable or reactive waste:
262.16(b)(3)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Ignitable or reactive waste must not be placed in a tank, unless:
262.16(b)(3)(vii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of this chapter and § 265.17(b) of this chapter is complied with; or
262.16(b)(3)(vii)(A)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
262.16(b)(3)(vii)(A)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The tank is used solely for emergencies.
262.16(b)(3)(vii)(A)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator which treats or accumulates ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in Tables 2 - 1 through 2 - 6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (1977 or 1981) (incorporated by reference, see § 260.11).
262.16(b)(3)(vii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator must comply with the following special conditions for incompatible wastes:
262.16(b)(3)(vii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Incompatible wastes, or incompatible wastes and materials, (see part 265 appendix V for examples) must not be placed in the same tank, unless § 265.17(b) of this chapter is complied with.
262.16(b)(3)(vii)(C)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material, unless § 265.17(b) of this chapter is complied with.
262.16(b)(3)(vii)(C)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of hazardous waste on drip pads. If the waste is placed on drip pads, the small quantity generator must comply with the following:
262.16(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Subpart W of 40 CFR part 265 (except §265.445 (c));
262.16(b)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad at least once every 90 days are then subject to the 180-day accumulation limit in paragraph (b) of this section and § 262.15 if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area; and
262.16(b)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator must maintain on site at the facility the following records readily available for inspection:
262.16(b)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
262.16(b)(4)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
262.16(b)(4)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              2
Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator must comply with of 40 CFR part 265 subpart DD. The generator must label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).The generator must also maintain:
262.16(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101. This certification must be in the generator's files prior to operation of the unit; and
262.16(b)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The following records by use of inventory logs, monitoring equipment, or any other effective means:
262.16(b)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the 90 day limit, and documentation that the procedures are complied with; or
262.16(b)(5)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Documentation that the unit is emptied at least once every 90 days.
262.16(b)(5)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Inventory logs or records with the above information must be maintained on site and readily available for inspection.
262.16(b)(5)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Labeling and marking of containers and tanks -- .
262.16(b)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Containers. A small quantity generator must mark or label its containers with the following:
262.16(b)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste";
262.16(b)(6)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and
262.16(b)(6)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The date upon which each period of accumulation begins clearly visible for inspection on each container.
262.16(b)(6)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Tanks. A small quantity generator accumulating hazardous waste in tanks must do the following:
262.16(b)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Mark or label its tanks with the words "Hazardous Waste";
262.16(b)(6)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              2
Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);
262.16(b)(6)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering; and
262.16(b)(6)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Keep inventory logs or records with the above information on site and readily available for inspection.
262.16(b)(6)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Land disposal restrictions. A small quantity generator must comply with all the applicable requirements under 40 CFR part 268.
262.16(b)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Preparedness and prevention -- 
262.16(b)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Maintenance and operation of facility. A small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
262.16(b)(8)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Required equipment. All areas where hazardous waste is either generated or accumulated must be equipped with the items in paragraphs (b)(8)(ii)(A) through (D) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies.
262.16(b)(8)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
262.16(b)(8)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
262.16(b)(8)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
262.16(b)(8)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
262.16(b)(8)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
262.16(b)(8)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Access to communications or alarm system.
262.16(b)(8)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under paragraph (a)(8)(ii) of this section.
262.16(b)(8)(iv)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph (a)(8)(ii) of this section.
262.16(b)(8)(iv)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Required aisle space. The small quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
262.16(b)(8)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Arrangements with local authorities.
262.16(b)(8)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       

                                                                               
The small quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.
262.16(b)(8)(vi)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.
262.16(b)(8)(vi)(A)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.
262.16(b)(8)(vi)(A)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.
262.16(b)(8)(vi)(A)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.
262.16(b)(8)(vi)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.
262.16(b)(8)(vi)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Emergency procedures. The small quantity generator complies with the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated:
262.16(b)(9)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph (b)(9)(iv) of this section. This employee is the emergency coordinator.
262.16(b)(9)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator must post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste:
262.16(b)(9)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The name and emergency telephone number of the emergency coordinator;
262.16(b)(9)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Location of fire extinguishers and spill control material, and, if present, fire alarm; and
262.16(b)(9)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The telephone number of the fire department, unless the facility has a direct alarm.
262.16(b)(9)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
262.16(b)(9)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:
262.16(b)(9)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
262.16(b)(9)(iv)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup can be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator;
262.16(b)(9)(iv)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424 - 8802). The report must include the following information:
262.16(b)(9)(iv)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The name, address, and U.S. EPA identification number of the small quantity generator;
262.16(b)(9)(iv)(C)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Date, time, and type of incident (e.g., spill or fire);
262.16(b)(9)(iv)(C)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Quantity and type of hazardous waste involved in the incident;
262.16(b)(9)(iv)(C)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Extent of injuries, if any; and
262.16(b)(9)(iv)(C)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Estimated quantity and disposition of recovered materials, if any.
262.16(b)(9)(iv)(C)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Transporting over 200 miles. A small quantity generator who must transport its waste, or offer its 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 the generator complies with the conditions of paragraph (b) of this section.
262.16(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation time limit extension. A small quantity generator who accumulates hazardous waste for more than 180 days (or for more than 270 days if it must transport its waste, or offer its waste for transportation, over a distance of 200 miles or more) is subject to the requirements of 40 CFR parts 264, 265, 267, 268, and 270 of this chapter unless it has been granted an extension to the 180-day (or 270-day if applicable) period. Such extension may be granted by EPA 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 Regional Administrator on a case-by-case basis.
262.16(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Rejected load. A small quantity 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 § 264.72 or § 265.72 of this chapter may accumulate the returned waste on site in accordance with paragraphs (a) - (d) of this section. Upon receipt of the returned shipment, the generator must:
262.16(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
262.16(e)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
262.16(e)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with subpart L of this part in lieu of § 262.17.
262.16(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Conditions for exemption for a large quantity generator that accumulates hazardous waste.
262.17 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA, provided that all of the following conditions for exemption are met:
262.17 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A. and B. 4
                                       
                                       
                                       
                                       X
                                                                               
Accumulation. A large quantity generator accumulates hazardous waste on site for no more than 90 days, unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in paragraphs (b) through (e) of this section. The following accumulation conditions also apply:
262.17(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of hazardous waste in containers. If the hazardous waste is placed in containers, the large quantity generator must comply with the following:
262.17(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Air emission standards. The applicable requirements of subparts AA, BB, and CC of 40 CFR part 265;
262.17(a)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the large quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section;
262.17(a)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Compatibility of waste with container. The large quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired;
262.17(a)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Management of containers.
262.17(a)(1)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.
262.17(a)(1)(iv)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding hazardous waste must not be opened, handled, or stored in a manner that may rupture the container or cause it to leak.
262.17(a)(1)(iv)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Inspections. At least weekly, the large quantity generator must inspect central accumulation areas. The large quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See paragraph (a)(1)(ii) of this section for remedial action required if deterioration or leaks are detected.
262.17(a)(1)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Special conditions for accumulation of ignitable and reactive wastes.
262.17(a)(1)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval must be maintained as long as ignitable or reactive hazardous waste is accumulated in this area.
262.17(a)(1)(vi)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to the following: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator must confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
262.17(a)(1)(vi)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Special conditions for accumulation of incompatible wastes.
262.17(a)(1)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless § 265.17(b) of this chapter is complied with.
262.17(a)(1)(vii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless § 265.17(b) of this chapter is complied with.
262.17(a)(1)(vii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A container holding a hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
262.17(a)(1)(vii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator must comply with the applicable requirements of subparts J, except § 265.197(c) of Closure and post-closure care and § 265.200 -- Waste analysis and trial tests, as well as the applicable requirements of AA, BB, and CC of 40 CFR part 265.
262.17(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of hazardous waste on drip pads. If the hazardous waste is placed on drip pads, the large quantity generator must comply with the following:
262.17(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Subpart W of 40 CFR part 265;  
262.17(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad are then subject to the 90-day accumulation limit in paragraph (a) of this section and § 262.15, if the hazardous wastes are being managed in satellite accumulation areas prior to being moved to a central accumulation area; and
262.17(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must maintain on site at the facility the following records readily available for inspection:
262.17(a)(3)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
262.17(a)(3)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
262.17(a)(3)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                              2
Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the large quantity generator must comply with of 40 CFR part 265 subpart DD. The generator must label its containment building with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site, and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain:
262.17(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A. 
                                       X
                                       
                                       
                                       
                                                                               
The professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101. This certification must be in the generator's files prior to operation of the unit; and
262.17(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The following records by use of inventory logs, monitoring equipment, or any other effective means:
262.17(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or
262.17(a)(4)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Documentation that the unit is emptied at least once every 90 days.
262.17(a)(4)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Inventory logs or records with the above information must be maintained on site and readily available for inspection.
262.17(a)(4)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Labeling and marking of containers and tanks -- 
262.17(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Containers. A large quantity generator must mark or label its containers with the following:
262.17(a)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste";
262.17(a)(5)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and
262.17(a)(5)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The date upon which each period of accumulation begins clearly visible for inspection on each container.
262.17(a)(5)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Tanks. A large quantity generator accumulating hazardous waste in tanks must do the following:
262.17(a)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Mark or label its tanks with the words "Hazardous Waste";
262.17(a)(5)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);
262.17(a)(5)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering; and
262.17(a)(5)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Keep inventory logs or records with the above information on site and readily available for inspection.
262.17(a)(5)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Emergency procedures. The large quantity generator complies with the standards in subpart M of this part, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.
262.17(a)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Personnel training.
262.17(a)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section.
262.17(a)(7)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
262.17(a)(7)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:
262.17(a)(7)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
262.17(a)(7)(i)(C)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Key parameters for automatic waste feed cut-off systems;
262.17(a)(7)(i)(C) (2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Communications or alarm systems;
262.17(a)(7)(i)(C) (3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Response to fires or explosions;
262.17(a)(7)(i)(C) (4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Response to ground-water contamination incidents; and
262.17(a)(7)(i)(C) (5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Shutdown of operations.
262.17(a)(7)(i)(C) (6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
For facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the conditions of exemption in this section.
262.17(a)(7)(i)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Facility personnel must successfully complete the program required in paragraph (a)(7)(i) of this section within six months after the date of their employment or assignment to the facility, or to a new position at the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training standards of paragraph (a)(7)(i) of this section.
262.17(a)(7)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Facility personnel must take part in an annual review of the initial training required in paragraph (a)(7)(i) of this section.
262.17(a)(7)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must maintain the following documents and records at the facility:
262.17(a)(7)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
262.17(a)(7)(iv)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A written job description for each position listed under paragraph (a)(7)(iv)(A) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;
262.17(a)(7)(iv)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (a)(7)(iv)(A) of this section;

9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Records that document that the training or job experience, required under paragraphs (a)(7)(i), (ii), and (iii) of this section, has been given to, and completed by, facility personnel.
262.17(a)(7)(iv)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
262.17(a)(7)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Closure. A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, must meet the following conditions:
262.17(a)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Notification for closure of a waste accumulation unit. A large quantity generator must perform one of the following when closing a waste accumulation unit:
262.17(a)(8)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility; or
262.17(a)(8)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Meet the closure performance standards of paragraph (a)(8)(iii) of this section for container, tank, and containment building waste accumulation units or paragraph (a)(8)(iv) of this section for drip pads and notify EPA following the procedures in paragraph (a)(8)(ii)(B) of this section for the waste accumulation unit.  If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.
262.17(a)(8)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Notification for closure of the facility.
262.17(a)(8)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Notify EPA using form 8700-12 no later than 30 days prior to closing the facility.
262.17(a)(8)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Notify EPA using form 8700-12 within 90 days after closing the facility that it has complied with the closure performance standards of paragraph (a)(8)(iii) or (iv) of this section. If the facility cannot meet the closure performance standards of paragraph (a)(8)(iii) or (iv) of this section, notify EPA using form 8700-12 that it will close as a landfill under § 265.310 of this chapter in the case of a container, tank or containment building unit(s), or for a facility with drip pads, notify using form 8700-12 that it will close under the standards of § 265.445(b).
262.17(a)(8)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
A large quantity generator may request additional time to clean close, but it must notify EPA using form 8700-12 within 75 days after the date provided in paragraph (a)(8)(ii)(A) of this section to request an extension and provide an explanation as to why the additional time is required.
262.17(a)(8)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Closure performance standards for container, tank systems, and containment building waste accumulation units.
262.17(a)(8)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
At closure, the generator must close the waste accumulation unit or facility in a manner that:
262.17(a)(8)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere,
262.17(a)(8)(iii)(A)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components (pads, liners, etc.), contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless § 261.3(d) of this chapter applies.
262.17(a)(8)(iii)(A)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Any hazardous waste generated in the process of closing either the generator's facility or unit(s) accumulating hazardous waste must be managed in accordance with all applicable standards of parts 262, 263, 265 and 268 of this chapter, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility.
262.17(a)(8)(iii)(A)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                            2,3
If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in paragraph (a)(8)(ii)(A)(2) of this section, then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§ 265.310 of this chapter). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in subparts G and H of part 265 of this chapter.
262.17(a)(8)(iii)(A)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Closure performance standards for drip pad waste accumulation units. At closure, the generator must comply with the closure requirements of paragraphs (a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of this section, and § 265.445(a) and (b) of this chapter.
262.17(a)(8)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The closure requirements of paragraph (a)(8) of this section do not apply to satellite accumulation areas.
262.17(a)(8)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Land disposal restrictions. The large quantity generator complies with all applicable requirements under 40 CFR part 268.
262.17(a)(9)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Accumulation time limit extension. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements of 40 CFR parts 124, 264 through 268, and part 270 of this chapter, and the notification requirements of section 3010 of RCRA, unless it has been granted an extension to the 90-day period. Such extension may be granted by EPA if hazardous wastes 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 Regional Administrator on a case-by-case basis.
262.17(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Accumulation of F006. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to parts 124, 264 through 267 and 270 of this chapter, and the notification requirements of section 3010 of RCRA, provided that it complies with all of the following additional conditions for exemption:
262.17(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment prior to its recycling;
262.17(c)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The F006 waste is legitimately recycled through metals recovery;
262.17(c)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
No more than 20,000 kilograms of F006 waste is accumulated on site at any one time; and
262.17(c)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The F006 waste is managed in accordance with the following:
262.17(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the F006 waste is placed in containers, the large quantity generator must comply with the applicable conditions for exemption in paragraph (a)(1) of this section; and/or
262.17(c)(4)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the F006 is placed in tanks, the large quantity generator must comply with the applicable conditions for exemption of paragraph (a)(2) of this section; and/or
262.17(c)(4)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the F006 is placed in containment buildings, the large quantity generator must comply with subpart DD of 40 CFR part 265, and has placed its professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101 in the facility's files prior to operation of the unit. The large quantity generator must maintain the following records:
262.17(c)(4)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the large quantity generator is complying with the procedures; or
262.17(c)(4)(i)(C)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Documentation that the unit is emptied at least once every 180 days.
262.17(c)(4)(i)(C)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator is exempt from all the requirements in subparts G and H of 40 CFR part 265, except for those referenced in paragraph (a)(8) of this section.
262.17(c)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The date upon which each period of accumulation begins is clearly marked and must be clearly visible for inspection on each container;
262.17(c)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
While being accumulated on site, each container and tank is labeled or marked clearly with:
262.17(c)(4)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste"; and
262.17(c)(4)(iv)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).
262.17(c)(4)(iv)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator complies with the requirements in paragraphs(a)(6) and (7) of this section.
262.17(c)(4)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
F006 transported over 200 miles. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number 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 being subject to parts 124, 264 through 267, 270, and the notification requirements of section 3010 of RCRA, if the large quantity generator complies with all of the conditions for exemption of paragraphs (c)(1) through (4) of this section.
262.17(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
F006 accumulation time extension. A large quantity generator accumulating F006 in accordance with paragraphs (c) and (d) of this section who accumulates F006 waste on site for more than 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 40 CFR parts 124, 264, 265, 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA, 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 EPA 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 Regional Administrator on a case-by-case basis.
262.17(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Consolidation of hazardous waste received from very small quantity generators. Large quantity generators may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in § 260.10 of this chapter), without a storage permit or interim status and without complying with the requirements of parts 124, 264 through 268, and 270 of this chapter, and the notification requirements of section 3010 of RCRA, provided that they comply with the following conditions. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to "control" such generators.
262.17(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator notifies EPA at least thirty (30) days prior to receiving the first shipment from a very small quantity generator(s) using EPA Form 8700-12; and
262.17(f)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Identifies on the form the name(s) and site address(es) for the very small quantity generator(s) as well as the name and business telephone number for a contact person for the very small quantity generator(s); and
262.17(f)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Submits an updated Site ID form (EPA Form 8700-12) within 30 days after a change in the name or site address for the very small quantity generator.
262.17(f)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator maintains records of shipments for three years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.
262.17(f)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator complies with the independent requirements identified in § 262.10(a)(1)(iii) and the conditions for exemption in this section for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in paragraph (a)(5) of this section, the large quantity generator must label the container or unit with the date accumulation started (i.e., the date the hazardous waste was received from the very small quantity generator). If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.
262.17(f)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Rejected load. A large quantity 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 § 264.72 or § 265.72 of this chapter may accumulate the returned waste on site in accordance with paragraphs (a) and (b) of this section. Upon receipt of the returned shipment, the generator must:
262.17(g)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
262.17(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
262.17(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA identification numbers and re-notification for small quantity generators and large quantity generators.
262.18 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A. and B.4.
                                       
                                       
                                       
                                       X
                                                                               
A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Administrator.
262.18(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A generator who has not received an EPA identification number must obtain one by applying to the Administrator using EPA Form 8700-12. Upon receiving the request the Administrator will assign an EPA identification number to the generator.
262.18(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.
262.18(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Re-notification.
262.18(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
A small quantity generator must re-notify EPA starting in 2021 and every four years thereafter using EPA Form 8700-12. This re-notification must be submitted by September 1[st] of each year in which re-notifications are required.
262.18(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator must re-notify EPA by March 1 of each even-numbered year thereafter using EPA Form 8700-12. A large quantity generator may submit this re-notification as part of its Biennial Report required under § 262.41.
262.18(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              1
A recognized trader must not arrange for import or export of hazardous waste without having received an EPA identification number from the Administrator.
262.18(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise the heading for subpart B to read as follows:
Subpart B --  Manifest Requirements Applicable to Small and Large Quantity Generators
Part 262 subpart B heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise the heading for subpart C to read as follows: 
Subpart C --  Pre-Transport Requirements Applicable to Small and Large Quantity Generators
Part 262 subpart C heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART C - PRE-TRANSPORT REQUIREMENTS APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS
                                                                               
Revise paragraph (b) to read: 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 in accordance with the requirements of 49 CFR 172.304:
262.32(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
HAZARDOUS WASTE -- Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
262.32(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Generator's Name and Address _____.
262.32(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Generator's EPA Identification Number  _____.
262.32(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Manifest Tracking Number _____.
262.32(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA Hazardous Waste Number(s) _____.
262.32(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add: A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s), as required by paragraph (b)(5) or paragraph (d).
262.32(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add: Lab packs that will be incinerated in compliance with § 268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable.
262.32(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove and Reserve
262.34
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add section heading: Liquids in landfills prohibition.
262.35 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add: The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. Prior to disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in §§ 264.314 and 265.314.
262.35
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise the heading for subpart D to read as follows: 
Subpart D  - Recordkeeping and Reporting Applicable to Small and Large Quantity Generators
Part 262 subpart D heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART D  -  RECORDKEEPING AND REPORTING APPLICABLE TO SMALL AND LARGE QUANTITY GENERATORS
                                                                               
Revise as follows: See § 262.11(f) for recordkeeping requirements for documenting hazardous waste determinations.  
262.40(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Biennial report for large quantity generators.
262.41 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Revise as follows: A generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must complete and submit EPA Form 8700 - 13 A/B to the Regional Administrator by March 1 of the following even-numbered year and must cover generator activities during the previous year.
262.41(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Revise as follows: Any generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who treats, stores, or disposes of hazardous waste on site must complete and submit EPA Form 8700 - 13 A/B to the Regional Administrator by March 1 of the following even-numbered year covering those wastes in accordance with the provisions of 40 CFR parts 264, 265, 266, 267 and 270. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators pursuant to § 262.17(f).
262.41(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              1
Revise as follows: Exports of hazardous waste to foreign countries are not required to be reported on the Biennial Report form. A separate annual report requirement is set forth at § 262.83(g) for hazardous waste exporters.
262.41(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: The Administrator, as deemed necessary under sections 2002(a) and 3002(a)(6) of the Act, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 CFR part 261.
262.43
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Recordkeeping for small quantity generators.
262.44 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: A small quantity generator is subject only to the following independent requirements in this subpart:
262.44 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Removed and reserved
Subparts I and J
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART K  -  ALTERNATIVE REQUIREMENTS FOR HAZARDOUS WASTE DETERMINATION AND ACCUMULATION OF UNWANTED MATERIAL FOR LABORATORIES OWNED BY ELIGIBLE ACADEMIC ENTITIES
                                                                               
Remove the definition of "Central accumulation area"
262.200
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise "trained professional' as follows: Trained professional means a person who has completed the applicable RCRA training requirements of § 262.17 for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with § 262.16 for small quantity generators and very small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.
262.200
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Large quantity generators and small quantity generators. This subpart provides alternative requirements to the requirements in §§ 262.11 and 262.15 for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subpart, provided that they complete the notification requirements of § 262.203.
262.201(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Very small quantity generators. This subpart provides alternative requirements to the conditional exemption in § 262.14 for the accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subpart, provided that they complete the notification requirements of § 262.203.
262.201(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Large quantity generators and small quantity generators. Eligible academic entities have the option of complying with this subpart with respect to its laboratories, as an alternative to complying with the requirements of §§ 262.11 and 262.15.
262.202(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Very small quantity generators. Eligible academic entities have the option of complying with this subpart with respect to laboratories, as an alternative to complying with the conditional exemption of § 262.14.
262.202(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: An eligible academic entity must notify the appropriate EPA Regional Administrator in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12), that it is electing to be subject to the requirements of this subpart for all the laboratories owned by the eligible academic entity under the same EPA identification number. An eligible academic entity that is a very small quantity generator and does not have an EPA identification number must notify that it is electing to be subject to the requirements of this subpart for all the laboratories owned by the eligible academic entity that are on site, as defined by § 260.10 of this chapter. An eligible academic entity must submit a separate notification (Site Identification Form) for each EPA identification number (or site, for very small quantity generators) that is electing to be subject to the requirements of this subpart, and must submit the Site Identification Form before it begins operating under this subpart.
262.203(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Site EPA identification number (except for very small quantity generators).
262.203(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: An eligible academic entity must notify the appropriate EPA Regional Administrator in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12), that it is electing to no longer be subject to the requirements of this subpart for all the laboratories owned by the eligible academic entity under the same EPA identification number and that it will comply with the requirements of §§ 262.11 and 262.15 for small quantity generators and large quantity generators. An eligible academic entity that is a very small quantity generator and does not have an EPA identification number must notify that it is withdrawing from the requirements of this subpart for all the laboratories owned by the eligible academic entity that are on site and that it will comply with the conditional exemption in § 262.14. An eligible academic entity must submit a separate notification (Site Identification Form) for each EPA identification number (or site, for very small quantity generators) that is withdrawing from the requirements of this subpart and must submit the Site Identification Form before it begins operating under the standards in §§ 262.11 and 262.15 for small quantity generators and large quantity generators or § 262.14 for very small quantity generators.
262.204(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove the period at the end of the sentence and add a colon in its place.
262.206(b)(3)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Make the hazardous waste determination, pursuant to § 262.11(a) through (d), for unwanted material.
262.207(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed 12 months; or
262.208(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Remove containers of unwanted material from each laboratory within 12 months of each container's accumulation start date.
262.208(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: If a laboratory accumulates more than 1 quart of liquid reactive acutely hazardous unwanted material or more than 1 kg (2.2 pounds) of solid reactive acutely hazardous unwanted material before the regularly scheduled removal, then the eligible academic entity must ensure that all containers of reactive acutely hazardous unwanted material:
262.208(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Are marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that 1 quart or 1 kg is exceeded; and
262.208(d)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Are removed from the laboratory within 10 calendar days of the date that 1 quart or 1 kg was exceeded, or at the next regularly scheduled removal, whichever comes first.
262.208(d)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Very small quantity generators. -  An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to § 262.11(a) through (d), for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with § 262.210.
262.209(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: A trained professional must make the hazardous waste determination, pursuant to § 262.11(a) through (d), before the unwanted material is removed from the laboratory.
262.210(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Count the hazardous waste toward the eligible academic entity's generator category, pursuant to § 262.13, in the calendar month that the hazardous waste determination was made.
262.210(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Very small quantity generators must ensure it is taken directly from the laboratory(ies) to any of the types of facilities listed in § 262.14.
262.210(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: The unwanted material becomes subject to the generator accumulation regulations of § 262.16 for small quantity generators or § 262.17 for large quantity generators as soon as it arrives in the central accumulation area, except for the "hazardous waste" labeling conditions of § 262.16(b)(6) and § 262.17(a)(5).
262.211(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: A trained professional must determine, pursuant to § 262.11(a) through (d), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials' arrival at the on-site central accumulation area.
262.211(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Count the hazardous waste toward the eligible academic entity's generator category, pursuant to § 262.13 in the calendar month that the hazardous waste determination was made, and
262.211(e)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: A trained professional must determine, pursuant to § 262.11(a) through (d), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials' arrival at an on-site interim status or permitted treatment, storage, or disposal facility.
262.212(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: If the volume of unwanted material in the laboratory exceeds 55 gallons (or 1 quart of liquid reactive acutely hazardous unwanted material or 1 kg of solid reactive acutely hazardous unwanted material), the eligible academic entity is not required to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart of liquid reactive acutely hazardous unwanted material or 1 kg or solid reactive acutely hazardous unwanted material), as required by §262.208. Instead, the eligible academic entity must remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out; and
262.213(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: For the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product (listed in 40 CFR part 261, subpart D or exhibiting one or more characteristics in 40 CFR part 261, subpart C) generated solely during the laboratory clean-out toward its hazardous waste generator category, pursuant to § 262.13. An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences must be counted toward hazardous waste generator category, pursuant to § 262.13, if it is determined to be hazardous waste; and
262.213(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: For the purposes of off-site management, an eligible academic entity must count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator category under paragraph (a)(2) of this section, and if it generates more than 1 kg/month of acute hazardous waste or more than 100 kg/month of non-acute hazardous waste (i.e., the very small quantity generator limits as defined in § 260.10 of this chapter), the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off site; and
262.213(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator category, pursuant to § 262.13.
262.213(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Describe its intended best practices for making hazardous waste determinations, including specifying the duties of the individuals involved in the process (see the required standards at § 262.11(a) through (d) and §§ 262.209 through 262.212).
262.214(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: (a) Remains subject to the generator requirements of §§ 262.11 and 262.15 for large quantity generators and small quantity generators (if the hazardous waste is managed in a satellite accumulation area), and all other applicable generator requirements of 40 CFR part 262, with respect to that hazardous waste; or
262.216(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Remains subject to the conditional exemption of § 262.14 for very small quantity generators, with respect to that hazardous waste.
262.216(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add subpart L as follows
Part 262  -  Subpart L
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
          SUBPART L  -  ALTERNATIVE STANDARDS FOR EPISODIC GENERATION
                                                                               
Applicability.
262.230 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
This subpart is applicable to very small quantity generators and small quantity generators as defined in § 260.10 of this chapter.
262.230
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Definitions for this subpart.
262.231 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add "Episodic event" to mean: an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category.
262.231
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add "Planned episodic event" to mean an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.
262.231
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add "Unplanned episodic" to mean an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as tornado, hurricane, or flood.
262.231
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Conditions for a generator managing hazardous waste from an episodic event.
262.232 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Very small quantity generator. A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided that the generator complies with the following conditions:
262.232(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The very small quantity generator is limited to one episodic event per calendar year, unless a petition is granted under § 262.233;
262.232(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notification. The very small quantity generator must notify EPA no later than thirty (30) calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the generator must notify EPA within 72 hours of the unplanned event via phone, email, or fax and subsequently submit EPA Form 8700-12. The generator shall include the start date and end date of the episodic event, the reason(s) for the event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with § 262.16(b)(9)(i);
262.232(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA ID Number. The very small quantity generator must have an EPA identification number or obtain an EPA identification number using EPA Form 8700-12;
262.232(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Accumulation. A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste in containers and tanks the following conditions apply:
262.232(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Containers. A very small quantity generator accumulating in containers must mark or label its containers with the following:
262.232(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The words "Episodic Hazardous Waste";
262.232(a)(4)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);  and
262.232(a)(4)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The date upon which the episodic event began, clearly visible for inspection on each container.
262.232(a)(4)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Tanks. A very small quantity generator accumulating episodic hazardous waste in tanks must do the following:
262.232(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Mark or label the tank with the words "Episodic Hazardous Waste";
262.232(a)(4)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);
262.232(a)(4)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Use inventory logs, monitoring equipment or other records to identify the date upon which each episodic event begins; and
262.232(a)(4)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Keep inventory logs or records with the above information on site and readily available for inspection.
262.232(a)(4)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Hazardous waste must be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water;
262.232(a)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Containers must be in good condition and compatible with the hazardous waste being accumulated therein. Containers must be kept closed except to add or remove waste; and
262.232(a)(4)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Tanks must be in good condition and compatible with the hazardous waste accumulated therein. Tanks must have procedures in place to prevent the overflow (e.g., be equipped with a means to stop inflow with systems such as a waste feed cutoff system or bypass system to a standby tank when hazardous waste is continuously fed into the tank). Tanks must be inspected at least once each operating day to ensure all applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order and to ensure the tank is operated according to its design by reviewing the data gathered from monitoring equipment such as pressure and temperature gauges from the inspection.
262.232(a)(4)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The very small quantity generator must comply with the hazardous waste manifest provisions of subpart B of this part when it sends its episodic event hazardous waste off site to a designated facility, as defined in § 260.10 of this chapter.
262.232(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The very small quantity generator has up to sixty (60) calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility, as defined in § 260.10 of this chapter.
262.232(a)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Very small quantity generators must maintain the following records for three (3) years from the end date of the episodic event:
262.232(a)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Beginning and end dates of the episodic event;
262.232(a)(7)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the episodic event;
262.232(a)(7)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the types and quantities of hazardous wastes generated during the event;
262.232(a)(7)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste;
262.232(a)(7)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name(s) of hazardous waste transporters; and
262.232(a)(7)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
An approval letter from EPA if the generator petitioned to conduct one additional episodic event per calendar year.
262.232(a)(7)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Small quantity generators. A small quantity generator may maintain its existing generator category during an episodic event provided that the generator complies with the following conditions:
262.232(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator is limited to one episodic event per calendar year unless a petition is granted under § 262.233;
262.232(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notification. The small quantity generator must notify EPA no later than thirty (30) calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the small quantity generator must notify EPA within 72 hours of the unplanned event via phone, email, or fax, and subsequently submit EPA Form 8700-12. The small quantity generator shall include the start date and end date of the episodic event and the reason(s) for the event, types and estimated quantities of hazardous wastes expected to be generated as a result of the episodic event, and identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to emergency;
262.232(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
EPA ID Number. The small quantity generator must have an EPA identification number or obtain an EPA identification number using EPA Form 8700-12; and
262.232(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Accumulation by small quantity generators. A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event waste on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply:
262.232(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Containers. A small quantity generator accumulating episodic hazardous waste in containers must meet the standards at § 262.16(b)(2) of this chapter and must mark or label its containers with the following:
262.232(b)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The words "Episodic Hazardous Waste";
262.232(b)(4)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and
262.232(b)(4)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The date upon which the episodic event began, clearly visible for inspection on each container.
262.232(b)(4)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Tanks. A small quantity generator accumulating episodic hazardous waste in tanks must meet the standards at § 262.16(b)(3) and must do the following:
262.232(b)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Mark or label its tank with the words "Episodic Hazardous Waste";
262.232(b)(4)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);
262.232(b)(4)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Use inventory logs, monitoring equipment or other records to identify the date upon which each period of accumulation begins and ends; and
262.232(b)(4)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Keep inventory logs or records with the above information on site and available for inspection.
262.232(b)(4)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator must treat hazardous waste generated from an episodic event on site or manifest and ship such hazardous waste off site to a designated facility (as defined by § 260.10 of this chapter) within sixty (60) calendar days from the start of the episodic event.
262.232(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The small quantity generator must maintain the following records for three (3) years from the end date of the episodic event:    
262.232(b)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Beginning and end dates of the episodic event;
262.232(b)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the episodic event;
262.232(b)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of the types and quantities of hazardous wastes generated during the event;
262.232(b)(6)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A description of how the hazardous waste was managed as well as the name of the designated facility (as defined by § 260.10 of this chapter) that received the hazardous waste;
262.232(b)(6)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name(s) of hazardous waste transporters; and
262.232(b)(6)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
An approval letter from EPA if the generator petitioned to conduct one additional episodic event per calendar year.
262.232(b)(6)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Petition to manage one additional episodic event per calendar year.
262.233 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A generator may petition the Regional Administrator for a second episodic event in a calendar year without impacting its generator category under the following conditions:
262.233(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition EPA for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.
262.233(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If a very small quantity generator or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition EPA for an additional planned episodic event in that calendar year.
262.233(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The petition must include the following:
262.233(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The reason(s) why an additional episodic event is needed and the nature of the episodic event;
262.233(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The estimated amount of hazardous waste to be managed from the event;
262.233(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
How the hazardous waste is to be managed;
262.233(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The estimated length of time needed to complete management of the hazardous waste generated from the episodic event -- not to exceed sixty (60) days; and
262.233(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.
262.233(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The petition must be made to the Regional Administrator in writing, either on paper or electronically.
262.233(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The generator must retain written approval in its records for three (3) years from the date the episodic event ended.
262.233(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Add subpart M as follows
Part 262  -  Subpart M
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART M  -  PREPAREDNESS, PREVENTION, AND EMERGENCY PROCEDURES FOR LARGE QUANTITY GENERATORS
                                                                               
Applicability.
262.250 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The regulations of this subpart apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on site.
262.250
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Maintenance and operation of facility.
262.251 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
262.251
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Required equipment.
262.252 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
All areas deemed applicable by § 262.250 must be equipped with the items in paragraphs (a) through (d) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies:
262.252 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
262.252(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;
262.252(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
262.252(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
262.252(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Testing and maintenance of equipment.
262.253 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
262.253
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Access to communications or alarm system.
262.254 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under § 262.252.
262.254(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under § 262.252.
262.254(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Required aisle space.
262.255 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
262.255
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Arrangements with local authorities.
262.256
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.
262.256(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.  
262.256(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
As part of this coordination, the large quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
262.256(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.
262.256(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.
262.256(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.
262.256(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Purpose and implementation of contingency plan.
262.260 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A large quantity generator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
262.260(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
262.260(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Content of contingency plan.
262.261 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The contingency plan must describe the actions facility personnel must take to comply with §§ 262.260 and 262.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
262.261(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the generator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with part 112 of this chapter, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this part. The generator may develop one contingency plan that meets all regulatory standards. EPA recommends that the plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan").
262.261(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The plan must describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the Local Emergency Planning Committee, pursuant to § 262.256.
262.261(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The plan must list names and emergency telephone numbers of all persons qualified to act as emergency coordinator (see § 262.264), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor) as well as an emergency telephone number that can be guaranteed to be answered at all times.
262.261(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
262.261(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The plan must include an evacuation plan for generator personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
262.261(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Copies of contingency plan.
262.262 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
A copy of the contingency plan and all revisions to the plan must be maintained at the large quantity generator and -- 
262.262 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The large quantity generator must submit a copy of the contingency plan and all revisions to all local emergency responders (i.e., police departments, fire departments, hospitals and State and local emergency response teams that may be called upon to provide emergency services). This document may also be submitted to the Local Emergency Planning Committee, as appropriate.
262.262(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
A large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include the following elements:
262.262(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
The types/names of hazardous wastes in layman's terms and the associated hazard associated with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid);
262.262(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
The estimated maximum amount of each hazardous waste that may be present at any one time;
262.262(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff;
262.262(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes;
262.262(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
A street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers;
262.262(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
The locations of water supply (e.g., fire hydrant and its flow rate);
262.262(b)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and
262.262(b)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.
262.262(b)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                              2
Generators must update, if necessary, their quick reference guides, whenever the contingency plan is amended and submit these documents to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee.
262.262(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Amendment of contingency plan.
262.263 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
262.263 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Applicable regulations are revised;
262.263(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The plan fails in an emergency;
262.263(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The generator facility changes -- in its design, construction, operation, maintenance, or other circumstances -- in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
262.263(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The list of emergency coordinators changes; or
262.263(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The list of emergency equipment changes.
262.263(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Emergency coordinator.
262.264 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
At all times, there must be at least one employee either on the generator's premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures outlined in § 262.265. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
262.264
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Emergency procedures.
262.265 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:
262.265(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
262.265(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Notify appropriate state or local agencies with designated response roles if their help is needed.
262.265(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of the facility records or manifests and, if necessary, by chemical analysis.
262.265(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).
262.265(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator must report the findings as follows:
262.265(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator must immediately notify appropriate local authorities. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and
262.265(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
262.265(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name and telephone number of reporter;
262.265(d)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name and address of the generator;
262.265(d)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Time and type of incident (e.g., release, fire);
262.265(d)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name and quantity of material(s) involved, to the extent known;
262.265(d)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The extent of injuries, if any; and
262.265(d)(2)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The possible hazards to human health, or the environment, outside the facility.
262.265(d)(2)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the generator's facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released hazardous waste, and removing or isolating containers.
262.265(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
If the generator stops operations in response to a fire, explosion or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
262.265(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the generator can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that the recovered material is not a hazardous waste, then it is a newly generated hazardous waste that must be managed in accordance with all the applicable requirements and conditions for exemption in parts 262, 263, and 265 of this chapter.
262.265(g)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The emergency coordinator must ensure that, in the affected area(s) of the facility:
262.265(h)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
No hazardous waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and
262.265(h)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
262.265(h)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the generator must submit a written report on the incident to the Regional Administrator. The report must include:
262.265(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name, address, and telephone number of the generator;
262.265(i)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Date, time, and type of incident (e.g., fire, explosion);
262.265(i)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Name and quantity of material(s) involved;
262.265(i)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
The extent of injuries, if any;
262.265(i)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
An assessment of actual or potential hazards to human health or the environment, where this is applicable; and
262.265(i)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
Estimated quantity and disposition of recovered material that resulted from the incident.
262.265(i)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X
                                       
                                       
                                       
                                                                               
      PART 263 -- STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
                                                                               
                             SUBPART A  -  GENERAL
                                                                               
Revise as follows: A transporter who stores manifested shipments of hazardous waste in containers meeting the independent requirements of § 262.30 of this chapter at a transfer facility for a period of ten (10) days or less is not subject to regulation under parts 264, 265, 267, 268, and 270 of this chapter with respect to the storage of those wastes.
263.12(a)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
When consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, the transporter must mark its containers of 119 gallons or less with the following information:
263.12(b)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste" and
263.12(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter, or in compliance with § 262.32(c).
263.12(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-263 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 264 -- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
                                                                               
                              SUBPART A - GENERAL
                                                                               
Revise to read: The owner or operator of a facility permitted, licensed, or registered by a state to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 262.14 of this chapter;
264.1(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: A generator accumulating waste on site in compliance with §§ 262.14, 262.15, 262.16, or 262.17 of this chapter.
264.1(g)(3)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
                   SUBPART B  -  GENERAL FACILITY STANDARDS
                                                                               
Revise to read: The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in §§ 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089, where applicable. Part 270 of this chapter requires the inspection schedule to be submitted with part B of the permit application. EPA will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, EPA may modify or amend the schedule as may be necessary.
264.15(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove the comment to paragraph (b)(4).
264.15(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART E  -  COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
                                                                               
Revise to read: Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of part 262 of this chapter. The provisions of §§ 262.15, 262.16, and 262.17 of this chapter are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of §§ 262.15, 262.16, and 262.17 of this chapter only apply to owners or operators who are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under § 262.17(f).
264.71(c)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove the comment to paragraph (c)
264.71(c)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: The owner or operator must complete and submit EPA Form 8700-13 A/B to the Regional Administrator by March 1 of the following even numbered year and must cover activities during the previous year.
264.75
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
                SUBPART I  -  USE AND MANAGEMENT OF CONTAINERS
                                                                               
Revise to read: The regulations in this subpart apply to owners and operators of all hazardous waste facilities that store hazardous waste in containers, except as § 264.1 provides otherwise.
264.170
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
[Comment: Under §261.7 and §261.33(c) of this chapter, if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is "empty" as defined in §261.7. In that event, management of the container is exempt from the requirements of this subpart.]
264.170 comment
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise to read: At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system cause by corrosion or other factors. See §§ 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.
264.174
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove comment
264.174 comment
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
                          SUBPART J  -  TANK SYSTEMS
                                                                               
Revise to read: For each existing tank system that does not have secondary containment meeting the requirements of § 264.193, the owner or operator must determine that the tank system is not leaking or is fit for use. Except as provided in paragraph (c) of this section, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by a qualified Professional Engineer, in accordance with § 270.11(d) of this chapter, that attests to the tank system's integrity by January 12, 1988.
264.191(a)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove and reserve paragraph (e).
264.195
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
           SUBPART AA  -  AIR EMISSIONS STANDARDS FOR PROCESS VENTS
                                                                               
Revise to read: A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270; or
264.1030(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
          SUBPART BB  -  AIR EMISSIONS STANDARDS FOR EQUIPMENT LEAKS
                                                                               
Revise to read: A unit that is exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of 40 CFR 261.6.
264.1050(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
                      SUBPART DD  - CONTAINMENT BUILDINGS
                                                                               
Revise to read: Inspect and record in the facility operating record, at least once every seven days, data gathered from monitoring and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
264.1101(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-264 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 265 -- INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
                                                                               
                              SUBPART A - GENERAL
                                                                               
The owner or operator of a facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 262.14 of this chapter;
265.1(c)(5)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
A generator accumulating waste on site in compliance with applicable conditions for exemption in §§ 262.14 through 262.17 and subparts K and L of part 262 of this chapter, except to the extent the requirements of this part are included in those sections and subparts;
265.1(c)(7)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
                   SUBPART B  -  GENERAL FACILITY STANDARDS
                                                                               
The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in §§ 265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090, where applicable.
265.15(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove
265.15(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
SUBPART E  -  COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
                                                                               
Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of part 262 of this chapter. The provisions of §§ 262.15, 262.16, and 262.17 of this chapter are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of §§ 262.15, 262.16, and 262.17 only apply to owners or operators who are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under § 262.17(f).
265.71(c)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove comment
265.71(c)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: The owner or operator must complete and submit EPA Form 8700-13 A/B to the Regional Administrator by March 1 of the following even numbered year and must cover activities during the previous year.
265.75
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
                SUBPART I  -  USE AND MANAGEMENT OF CONTAINERS
                                                                               
Revise as follows: At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See § 265.171 for remedial action required if deterioration or leaks are detected.
265.174
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove comment
265.174
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
                          SUBPART J  -  TANK SYSTEMS
                                                                               
Remove and reserve
265.195(d)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Remove and reserve 265.201.
265.201
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
           SUBPART AA  -  AIR EMISSIONS STANDARDS FOR PROCESS VENTS
                                                                               
Revise as follows: A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270, or
265.1030(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: A unit that is exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a "90-day" tank or container) and is not a recycling unit under the requirements of 40 CFR 261.6.
265.1030(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
          SUBPART BB  -  AIR EMISSIONS STANDARDS FOR EQUIPMENT LEAKS
                                                                               
Amend § 265.1050 by removing the text "40 CFR 262.34(a)" wherever it appears and adding in its place the text "40 CFR 262.17".
265.1050
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
                     SUBPART DD  -  CONTAINMENT BUILDINGS
                                                                               
Inspect and record in the facility's operating record at least once every seven days data gathered from monitoring and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
265.1101(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 266 -- STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
                                                                               
            SUBPART G  -  SPENT LEAD-ACID BATTERIES BEING RECLAIMED
                                                                              2
Amend § 266.80(a) by removing the text "§ 262.12" and adding the text "§ 262.18" in its place, seven times.
266.80(a)
N/A
                                       
                                       
                                       
                                       
                                                                               
                       SUBPART M  -  MILITARY MUNITIONS
                                                                               
Amend § 266.255(a) by removing the text "40 CFR 262.34" and adding the text "40 CFR 262.16 or 262.17" in its place.
266.255(a)
N/A
                                       
                                       
                                       
                                       
                                                                               
PART 267 -- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT
                                                                               
SUBPART E  -  COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
                                                                               
Amend § 267.71(c) by removing the text "§ 262.34" wherever it appears and adding in its place the text "§ 262.16 or 262.17".
267.71(c)
N/A * See State Note Below
                                       
                                       
                                       
                                       
                                                                               
                    PART 268  -  LAND DISPOSAL RESTRICTIONS
                                                                               
                              SUBPART A - GENERAL
                                                                               
Waste generated by very small quantity generators, as defined in § 260.10 of this chapter;
268.1(e)(1)
9VAC20-60-18.
IBR in 9VAC20-60-268 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise Introductory paragraph (a)(5) as follows: If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under 40 CFR 262.15, 262.16, and 262.17 to meet applicable LDR treatment standards found at § 268.40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1 to § 268.45, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met:
268.7(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
                     SUBPART E  -  PROHIBITIONS ON STORAGE
                                                                               
Revise as follows: A generator stores such wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in §§262.16 and 262.17 and parts 264 and 265 of this chapter.
268.50(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
Each container is clearly marked to identify its contents and with:
268.50(a)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
The words "Hazardous Waste";
268.50(a)(2)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter; or use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste number(s);
268.50(a)(2)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and
268.50(a)(2)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
The date each period of accumulation begins.
268.50(a)(2)(i)(D)
9VAC20-60-18.
IBR in 9VAC20-60-265 A.
                                       X
                                       
                                       
                                       
                                                                               
PART 270  -  EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM
                                                                               
                       SUBPART A  -  GENERAL INFORMATION
                                                                               
Revise as follows: Technical regulations. The RCRA permit program has separate additional regulations that contain technical requirements. These separate regulations are used by permit issuing authorities to determine what requirements must be placed in permits if they are issued. These separate regulations are located in 40 CFR parts 264, 266, 267, and 268.
270.1(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-270 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Specific exclusions and exemptions. The following persons are among those who are not required to obtain a RCRA permit:
270.1(c)(2) introductory paragraph
9VAC20-60-18.
IBR in 9VAC20-60-270 A.
                                       X
                                       
                                       
                                       
                                                                               
Generators who accumulate hazardous waste on site in compliance with all of the conditions for exemption provided in 40 CFR 262.14, 262.15, 262.16, and 262.17.
270.1(c)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-270 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Persons who own or operate facilities solely for the treatment, storage, or disposal of hazardous waste excluded from regulations under this part by 40 CFR 261.4 or 262.14 (very small quantity generator exemption).
270.1(c)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-270 A.
                                       X
                                       
                                       
                                       
                                                                               
                       SUBPART D  -  CHANGES TO PERMITS
                                                                               
Remove and reserve paragraph (l) and the entries under O.1. in the table of Appendix I to § 270.42.
270.42
9VAC20-60-18.
IBR in 9VAC20-60-270 A.
                                       X
                                       
                                       
                                       
                                                                               
             PART 273  -  STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
                                                                               
                              SUBPART A - GENERAL
                                                                               
Revise as follows: Applicability  -  household and very small quantity generator waste.
273.8 section heading
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       X
                                       
                                       
                                       
                                                                               
Revise as follows: Very small quantity generator wastes that are exempt under § 262.14 of this chapter and are also of the same type as the universal wastes defined at § 273.9.
273.8(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       X
                                       
                                       
                                       
                                                                               
     SUBPART G  -  PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273
                                                                               
Revise as follows: The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, very small quantity generators, small businesses, government organizations, as well as large industrial facilities);
273.81(b)
9VAC20-60-18.
IBR in 9VAC20-60-273 A.
                                       X
                                       
                                       
                                       
                                                                               
             PART 279  -  STANDARDS FOR THE MANAGEMENT OF USED OIL
                                                                               
                           SUBPART B - APPLICABILITY
                                                                               
Revise as follows: Very small quantity generator hazardous waste. Mixtures of used oil and very small quantity generator hazardous waste regulated under § 262.14 of this chapter are subject to regulation as used oil under this part.
279.10(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-279 A.
                                       X
                                       
                                       
                                       
 These provisions refer to requirements in the Imports and Exports of Hazardous Waste Rule (81 FR 85696-85729, November 28, 2016) and may amend provisions added by that rule.
 These provisions are considered to be more stringent and must be adopted by the state. 
 For containers only.


 Virginia- It appears that Virginia may have been authorized for Part 267 between 2005 and 2006. However, the Standardized Permits, Part 267 was not included in our published regulations. Virginia intends to correct this omission by including Part 267 in our next annual update. 

