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Federal Register f Vol. 45, No. 212 f Thursday, October 30, 1980 f Rules and Regulations 72027
<br /> responsibilities and to whom it will this rulemaking action,is amending the generated in surface impoundments or
<br /> initially look to perform the generator definition of"generator"in $260.10 by retained for more than 90 days in non-
<br /> duties where more than one party is adding a final clause so that the operating units) are not subject to
<br /> involved and where EPA does not know definition reads ' ' any person, by regulation,including section 3010
<br /> which party,by mutual agreement,is site,whose act or process produces a notification, until they exit the units in
<br /> appointed to carry out the generator hazardous waste identified or listed in which they are generated.Thur,only
<br /> duties,or where no party has been so Part 261 of this Chapter or whose act those wastes that are removed during a
<br /> designated.In the case of hazardous first causes a hazardous waste to future notification period are subject to
<br /> wastes generated in a stationary become subject to regulation." notification.
<br /> product or raw material storage tank. Section 2132.12,though, requires that a
<br /> 1V.Accumulation of Hazardous Wastes generator must not treat,store,dispose
<br /> �A will initially look to the operator of A number of uestiona have been of, transport or offer for transportation a
<br /> the tank to perform the generator q P P
<br /> responsibilities.EPA believes that this asked about whether the hazardous hazardous waste without having an EPA
<br /> party is in the best position to perform wastes removed from product or raw Identification Number.Section.2oo.10
<br /> the generator responsibilities.The material storage tanks,transport defines a "generator"to be a person"lay
<br /> operator typically is on-site and can vehicles or vessels or manufacturing site"who generates wastes.Therefore a
<br /> determine when a tank contains sludges process units can be accumulated on- generator must have s separate EPA
<br /> or residues that may be hazardous site without a permit for up to 90 days Identification Number for each site at
<br /> wastes.lie certainly knows or ought to after removal and prior to off-site which he generates hazardous wastes.
<br /> know when these sludges and residues transport in accordance with § 282.34. Where two or more persons are
<br /> are being removed and,therefore, when Because today's amendment to§261.4 generators,as discussed above,the
<br /> they become subject to regulation,if subjects such hazardous wastes to person who performs the duties of a
<br /> they are a hazardous waste.Because he regulation only after they are removed generator must have and use an EPA
<br /> is typically on-site,he is in a good from such tanks,vehicles,vessels or Identification Number for the site at
<br /> position to carry out those duties of a units and because there often will be a which hazardous wastes are removed
<br /> generalor which practically must be need to accumulate the removed wastes from a tank,vehicle, vessel or unit.
<br /> performed on-site.These include until a sufficient quantity can be Thus, if the operator of the tank,vehicle,
<br /> determining whether a hazardous waste obtained for off-site transport,the vessel or unit performs the generator
<br /> exists J§262.11], initiating a manifest for
<br /> Agency believes that the 90-day duties,he must have an EPA
<br /> of 1262.34 provisions ti
<br /> laon
<br /> off-site shipment(Port 262, Subpart B) accumulation p Identification Number for the facility
<br /> and performing the pre-transportation should be available to the generators of and can use that number with respect to
<br /> requirements of packaging,labeling and these hazardous wastes,except where the management of all of his hazardous
<br /> marking(Part 262,Subpart C). these wastes are generated in a surface waste generated at that facility.If the
<br /> For hazarddus wastes generated in a impoundment or the wastes remain in owner of the product or raw material
<br /> manufacturing process unit,EPA will the unil more than 90 days following performs the duties of the generator,he
<br /> initially look to the operator of the unit cessation of operation of the unit. must have and use an EPA Identification
<br /> to fulfill the generator duties for the This allowance of 90-day Number for the site at which the
<br /> accumulation without a permit is hazardous waste is generated;if he
<br /> same reasons described above. available to any of the person%who are owns products being stored or
<br /> For hazardous wastes generated in a generators,even though the party processed at several sites,he must have
<br /> product or raw material transport accumulating the waste on-site may not and use a separate EPA identification
<br /> vehicle or vessel which are removed at a own or operate the site.This allowance Number for each site.If the person who
<br /> central facility which is operated to only applies where the accumulation removes hazardous wastes from tanks
<br /> remove sediments and residues from occurs on the site where the removal of or units performs the generator duties,
<br /> such vehicles or vessels.the Agency will hazardous waste from the tank,vehirle, he must have a separate EPA
<br /> initially look to the operator of the vessel or unit takes place;all of the Identification Number for each site at
<br /> central facility to perform the generator other conditions and requirements of which he performs these duties.
<br /> duties.Following the reasoning outlined 282,34 must,of course,be met.The 90-
<br /> above,the Agency believes that the day accumulation period starts when VI. Effective hate
<br /> operator of a central facility is the party the hazardous waste is removed from Section 3010(b)of RCRA provides that
<br /> ,nest able to perform the generator the tank, vehicle, vessel or unit,except EPA's hazardous waste regulations and
<br /> duties.Where hazardous wastes in the case where it tank,vehicle,vessel revisions thereto lake effect six months
<br /> generated in product or raw material or unit ceases to be operated for its after their promulgation.The purpose of
<br /> 1 transport vehicles or vessels are not primary purpose,in which case the this requirement is to allow persons
<br /> removed at a central facility,the Agency period starts when operation ceases. handling hazardous wastes sufficient
<br /> will look to the operator of the vehicle lead time to prepare to comply with
<br /> or vessel to perform the generator V.Notification and EPA IdentiGcatiost major new regulatory requirements. For
<br /> duties. Number ReslaJirements the amendment to§261.4 promulgated
<br /> As discussed above, the person who A number of questions have been today,however,the Agency believes,
<br /> removes hazardous waste from a asked about how the notification that an effective date six months after
<br /> manufacturing process unit or a product requirements of Section 3010 of RCRA promulgation-would cause substantial
<br /> or raw materials storage tank, transport and the EPA Identification Number and unnecessary disruption in the
<br /> vehicle or vessel will be jointly and requirements of§282,12 apply to implementation of the regulations and
<br /> severally liable,along with the owner generators of hazardous wastes would be counterproductive for the
<br /> and operator of the tank,vehicle. vessel generated in manufacturing process regulated community and the public.
<br /> or unit and the owner of the product or units or product or raw material storage The regulatory provisions that these
<br /> raw material,as a generator.To clarify tanks, transport vehicles or vessels. amendments modify take effect on
<br /> that such persons are included in the Today's amendment to §261.4 provides November 19,1880.in the absence of the
<br /> definition of generator,the Agency,in that such wastes[not including those effectuation of these amendments,
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