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<br /> 72026 Federal Register / Vol. 45 No. / ay October Illlu l ,,
<br /> 212 Thursday, tober 30 1980
<br /> Rules and Regulations
<br /> 11,1111111,1, .,
<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 anassociated non-waste taken to a central facility for removal of generation of the hazardous wastes.
<br /> ,r
<br /> treatment unit,or in a product or raw sediment and residues and attendant Additionally,it is constituents in their
<br /> mat"erial storage tank,transport vehicle tank washing or cleaning.Frequently, product or material that"produce"a
<br /> or vessel is not subject to regulation this 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 /> re guirements 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
<br /> ed for after r in
<br /> t nit a vessel may
<br /> products,have been produced b real storage tank,transport vehicle
<br /> I mobree than90days after flips unit ceases ;remote aned aoused from a vehicle
<br /> thus brin m by
<br /> °ate vessel.Although often it is not his
<br /> iic a or material
<br /> 0
<br /> 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 /> ]I,,Deflo tlon of Transport Vehicle and can`also occur,but is less common,with subject to regulation,(except where it is
<br /> stationary storage tanks. generated in a surface impoundment or
<br /> Vessel ussion, s' With respect to manufacturing units, remains in a non-operating unit for more
<br /> As
<br /> Indic t at deals with hazardous than 90 days after cessation of
<br /> 0 30 the situation typically is not Y
<br /> that are generate p us complicated.Usually,the same person operation):,
<br /> . ardo
<br /> steal transport vehicles and
<br /> or The definition of generator,depending
<br /> d in product owns and operatesthe unit,owns the g P g
<br /> t
<br /> raw
<br /> mat manufacturing materials that may . on the particular factual situation,can
<br /> . .
<br /> ve
<br /> ssels,as well as those generated to include all of the parties discussed
<br /> generate a hazardous waste and
<br /> mato f actr�r ng units and product or raw' above.Both the operator of a
<br /> removes any hazardous wastes
<br /> me "transport
<br /> 1 s;rage tanks.Because the manufacturing process unit,or a product
<br /> terms" sport vehicle"and"vessel" generated in the unit.However,there or raw material storage tank,transport
<br /> arb not currently defined in§260.10, . are situations where two to more parties
<br /> • vehicle or vessel,and the owner of the
<br /> are involved.One such situation is
<br /> e hist amendment The of these terms re includeons d ,, where a second party is periodically pioduct or raw material act jointly to
<br /> In e in the Deeartmnent I. retained to clean a unit.Another produce the hazardous waste generated
<br /> e
<br /> Department situation is where the hazardous waste therein,and the person who removes the
<br /> he transportationTransportationregulations governing is produced by the processing of hazardous waste from a tank,vehicle,
<br /> the some as os
<br /> of hazardous materials that are owned by two or vessel or manufacturing process unit
<br /> r"'cre persons.This occurs in the subjects it to regulation.All three
<br /> II.G�inerator Resp sibilit es and r parties are involved and EPA believes
<br /> e laimirig of spent solvents and spent that all three(and any others who fit the
<br /> i Ce where the reclaimer custom- definition of"generator")have the
<br /> "Amendment Manyy members of the regulated
<br /> catalysts
<br /> to batches of spent material
<br /> al pts
<br /> s responsibilities of a generator.
<br /> community also have asked the w' taking ownership of the•• Because all three parties contribute to
<br /> question:Who is the generator of material. the generation of a hazardous waste and
<br /> hazardous wastes that„are generated in The definition of"generator”in because none of the parties stands out
<br /> manufacturing process units or in §260.10 is"any person,by site,whose in all cases as the predominant
<br /> product or raw material storage tanks, act or process produces hazardous contributor,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 out that,with respect to 261 * * *."This definition suggests that and severally liable 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 r raw material being stored, it is his"act"of storage-orAgency prefers and encourages such
<br /> and a rd person(usually under transportation or his"process"of action and recommends that,where two
<br /> c;ntrac
<br /> third
<br /> person) tceYther the first or
<br /> that or transportation,
<br /> that produces the or more parties are involved,they
<br /> sludges,to remove and sed r second manufacturingwaste.In the case of storage should mutually agree to have one party
<br /> madghss,s been forms th thse of ha transportation,the act of holding the perform the generator duties.Where this
<br /> P
<br /> rank.It product or raw material enables settling is done,the Agency will look to that
<br /> residues a tend of heavy fractions of material to create designated party to perform the
<br /> also is common for the owns •
<br /> operator of the ta$k 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 and 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 9 particular
<br /> In the tanks.There are manufacturing produces the hazardous case if„the requirements of-Part 262 are
<br /> formedt ans,of course,where the three wastes.
<br /> p p p enforcement is a equitable
<br /> providing such
<br /> £e parties are involved. material being stored or transported
<br /> adequately
<br /> artier are one person,or where more The owner of the product or raw quitable and in the
<br /> The p
<br /> respethan ct to tank trucks,rail cars,1acid manufactured also fit the definition
<br /> p Given this conclusion,lge the Agency
<br /> ' materials being
<br /> efinition of believes it has�n obligation.to give
<br /> an public m eyes .
<br /> r ships and barges.However,these "generator”of the hazardous waste guidance to the regulated community on
<br /> scenarios are commonly complicated by because their"acts"cause the product who it prefers to assume the generator
<br /> r.
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