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72026 1FederaI Register / Vol. 45, No. 212 / Thursday, October 30. 1980 / Rules and Regulations
<br /> provides that a hazardous waste which two additional practices.Oftentimes or material to be stored, transported or
<br /> is generated in a manufacturing process these transport vehicles or vessels are manufactured which leads to the
<br /> unit or an associated non-waste taken to a central facility for removal of generation of the hazardous wastes.
<br /> treatment unit, or in a product or raw sediment and residues and attendant Additionally,it is constituents in their
<br /> material storage tank,transport vehicle tank washing or cleaning.Frequently, product or material that"produce"a
<br /> or vessel is not subject to regulation (his central facility is owned or operated hazardous waste.
<br /> under Parts 262 through 265 or Parts 122 by a person other than the owner or The definition of generator.
<br /> through 124 or the notification operator of the vehicle or vessel and. particularly when read in conjunction
<br /> requirements of Section 3010 of RCRA even more frequently,other than the with the amendment discussed above,
<br /> until it is removed from the unit in which owner of the product or raw material also fits the person removing the
<br /> it is generated,unless the unit is a that produced the sediment or residue. hazardous waste from a manufacturing
<br /> surface impoundment or unless the Secondly,the residue or sediment process unit or a product or raw
<br /> hazardous waste remains in the unit for cleaned and removed from a vehicle or material storage tank,transport vehicle
<br /> more than 90 days after the unit ceases vessel may have been produced by two or vessel.Although often it is not his
<br /> to be operated for the purpose of or more products,thus bringing into the "act or process"that produces the
<br /> manufacturing, or storing or transporting picture additional parties—the owners hazardous waste, it is his act that
<br /> product or raw materials. of two or more products.This situation causes the hazardous waste to become
<br /> II.Definition of Transport Vehicle and carNlso occur, but is less common,with subject to regulation (except where it is
<br /> Vessel stationary storage tanks. generated in a surface impoundment or
<br /> With respect to manufacturing units, remains in a non-operating unit for more
<br /> As indicated in the above discussion, the situation typically is not than 90 days after cessation of
<br /> this amendment deals with hazardous complicated.Usually,the same person operation).
<br /> wastes that are generated in product or owns and operates the unit.owns the The definition of generator,depending
<br /> raw material transport vehicles and manufacturing materials that may on the particular factual situation,can
<br /> vessels,as well as those generated in generate a hazardous waste and include all.of the parties discussed
<br /> manufacturing units and product or raw removes any hazardous wastes above.Both the operator of a
<br /> material storage tanks.Because the generated in the unit.However, there manufacturing process unit.or a product
<br /> terms"transport vehicle"and"vessel" re situations where two or more parties or raw material storage tank.transport
<br /> are not currently defined in §260.10. are involved.One such situation is vehicle or vessel,and the owner of the
<br /> definitions of!hese terms are included where a second party is periodically product or raw material act jointly to
<br /> in this amendment.These definitions are retained to clean a unit.Another produce the hazardous waste generated
<br /> the same as those the Department of situation is where the hazardous waste therein,and the person who removes the
<br /> Transportation regulations governing is produced by the processing of hazardous waste from a tank,vehicle,
<br /> the transportation of hazardous
<br /> materials (see 49 CFR 171.8). materials that are awned by two or vessel or manufacturing process unit
<br /> more persons.This occurs in the subjects it to regulation.All three
<br /> III.Generator Responsibilities and reclaiming of spent solvents and spent parties are involved and EPA believes
<br /> Amendment to 40 CFR 280.10 catalysts where the reclaimer custom- that all three(and any others who fit the
<br /> processes batches of s def€nition of"generator')have the
<br /> Many members of the regulated P pent material
<br /> community also have asked the without taking ownership of the responsibilities of a generator.
<br /> question:Who is the generator of material. Because all three parties contribute to
<br /> hazardous wastes that are generated in The definition of"generator"in the generation of a hazardous waste and
<br /> manufacturing process units or in §260.10 is"any person,by site,whose because none of the parties stands out
<br /> as the predominant
<br /> s
<br /> can all cases product or raw material storage tanks, act or process produces hazardous in
<br /> es the Agency has concluded
<br /> transport vehicles or vessels?These waste identified or listed In Part that the three parties should be jointly
<br /> persons point oul that.with respect to 261 ' ' ':'This definition suggests that and severally Iiable as generators.The
<br /> stationary product and raw material the operator of a manufacturing process Agency will,of course,be satisfied if
<br /> storage tanks.it is quite common for one unit or a product or raw material storage one of the three parties assumes and
<br /> person to own and operate the storage tank,transport vehicle or vessel is a performs the duties of the generator on
<br /> tank,a seCond person to own the generator of a hazardous waste because behalf of all of the parties.In fact,the
<br /> product or raw material being stored, it is his"act"of storage or Agency prefers and encourages such
<br /> and a third person(usually under transportation or his"process"of action and recommends that,where two
<br /> contract to either the first or second manufacturing that produces the or more parties are involved,they
<br /> person)to remove and dispose of hazardous waste.In the case of storage should mutually agree to have one party j
<br /> sludges,sediments and residues that or transportation,the act of holding the perform the generator duties. Where this
<br /> may have been formed in the tank. It product or raw material enables settling is done, the Agency will look to that
<br /> also is common for the owner and of heavy fractions of material to create designated party to perforin the
<br /> operator of the tank to also own the hazardous waste sludges or sediments generator responsibilities.Nevertheless,
<br /> stored product or raw material,but to and enables hazardous waste residues EPA reserves the right to enforce against
<br /> hire another person to remove end to adhere to the tank.In the case of any and all persons who fit the
<br /> dispose of sediments and residues manufacturing processes,the process of definition of"generator"in a particular
<br /> formed in the tanks.There are manufacturing produces the hazardous case if the requirements of Part 262 are
<br /> situations, of course, where the three wastes. not adequately met,providing such
<br /> parties are one person, or where more The owner of the product or raw enforcement is equitable and in the
<br /> than three parties are involved, material being stored or transported and public interest.
<br /> The same scenarios occur with the owner of the materials being Given this conclusion,the Agency
<br /> respect to tank trucks,rail cars,and manufactured also fit the definition of believes it has an obligation to give
<br /> ships and barges.However, these "generator"of the hazardous waste guidance to the regulated community oil
<br /> scenarios are commonly complicated by because their"acts"cause the product who it prefers to assume the generator
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