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Federal Register / Vola 45, No. 212 [ Thursday, .October 30,'1980./ Rule's 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 ad'ding'a final clause so.that the operating units)"are not-subject to
<br /> involved and,whem.EPA:does,not know. definition reads,"* * *any°person,by regulation,including,section 30.10
<br /> which party;by niptual agreement,:is site,whose act or process produces a -notification„until.they exiYahe units in
<br /> appointed to carry out the.generator _ hazardous waste identified or,listed-in which they are generated.Thus,:only
<br /> duties,or where no party has been so Part 261.of this Chapteror 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, ,Accumulation of.
<br /> Wastes Section 262:12;though;requires that a,
<br /> EPA will initially look:t6 the operator of .. generator°mustnot treat,store;dispose
<br /> the-tank to perform the generator A number of questions have-been of;'transport or:offer"for'transportation a '
<br /> responsibilities.EPA believesahat this . asked-about whether the-hazardous hazardous waste without having an EPA
<br /> party is.in the best-position.to.perform . wastes removed from productor raw Identification Number:Section 260:10
<br /> the:generator responsibilities.The material-storage tanks;transport - defines a"generator!" be aperson"by
<br /> operator typically'is.on-site and can - vehicles or vessels or manufacturig' site"who generates wastes.Therefore a-
<br /> determine when a.tank contains sludges proi;essunits`can be accumulated on- generator must have-a=separate EPA
<br /> or residues that may be hazardous' site without a permit for up to 90 days Identification Numben'for each site at
<br /> wastes.He certainly knows or ought to after removal and priovto off-site -which he generates hazardous wastes.,
<br /> know when these sludges and residues- transport in accordance-with 6 262.34: Where two-or more personsare
<br /> are being removed and,theiefore;when Because today's amendment to§261.-4 generators,.as.di'scussed.above,the
<br /> they become-subject to:regulation,if- subjects.such hazardous wastes to person who performs theduties-of a
<br /> they are a are waste.Because he regulation-only after they are removed - generatormustrhave"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 /> generator which-practically must-be. need to-,accumulate the removed wastes from-a tank,vehicle,vessel'or.unit.;
<br /> until a sufficientquantity can be Thus,,if the operator of�tlie,tank,vehicle,
<br /> performed on-site.These;include. p
<br /> determining-whether a.hazardous waste° obtained for o:Ff=site transport,the vessetor unit performs the generator
<br /> exists($262.11),"initiating.a.manifestfor Agency believes that the-90-day duties,,he must have.an EPA _
<br /> off-site shipment(Part 262,Subpart B) accumulation provisions of§262.34 Identification Number for the facility-
<br /> and
<br /> acilityand perfoFming the pre-transportation ' should'be available.to.the generators of and can use.that.numbei with respect to:
<br /> requirements.of packaging,.labeling and mese hazardous wastes;except where . the management of'all of-his hazardous
<br /> marking(Part 262,Subpart C)': these wastes ase generated in a surface" waste generated at thatfacility:If-the
<br /> For hazardous wastes genemted'in a impoundment or'the wastes remain in owner-of the product,or-raw material'
<br /> manufacturing process unit,EPA will: ' the unit more-than 96 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-_911-day Number1br the site.at which the
<br /> acciunuiation without a permit is hazardous waste is enerated•,.if he
<br /> same"reasons described above: g
<br /> available,to ariyof the persons who-are owns products being stored.or.
<br /> For hazardous.wastes generated in a generators,even though the party processed".at:several sites,.he.musthave
<br /> product or raw material transport accumulating the waste on-site may not and use:a separate:EPA Identification-
<br /> vehicle.
<br /> or vessel.which are removed at a own or operate the site.This allowance Number:for each site.,If"the: erson.who.
<br /> central facility which is operated'to; only,applies where the accumulation , P
<br /> remove-sediments and:residues from Y FP v or units
<br /> performs
<br /> sthe
<br /> for duties,s:
<br /> occurs on the site where the removal of or units" erforms the enerator"duties,
<br /> such lly to vehicles, vessels,theAgen-y will ; hazardous wastefroni:the tank;vehicle, he musthave:a-separate.EPA,.
<br /> initially look to tlie.operafor'of.the vessel or unit takes lace;all of the '
<br /> central facilityto erform the enerator P Identification site
<br /> P g other conditions and requirements of whi_cfi:he.performs.tliese"duties. `
<br /> duties.Following the,reasoning outlined §262,34 must,of course,be met.The.90-
<br /> above,the Agency believes that the day°accumulation period starts"wheii VI.Effective Date
<br /> operator of a central facility is the party the hazardous"waste is removed"from Section 3010(b)of RCRA provides.that
<br /> best able to perform the generator the tank,vehicle,vessel or unit,except' EPA's hazardous waste regulations and`
<br /> duties.Where hazardous was#es in the case where;a'tank;vehicle,vessel revisions thereto take effectsix'months
<br /> generated in product or raw material or unit ceases Ifo be operated for its. after their promulgation.The purpose of,
<br /> transport vehicles or vessels are.pot prim,arypurpose,in which case the this requirement is.to-allow=persons'
<br /> removed ata central facility,the Agency period starts-when operation ceases: handling hazardous wastes sufficient
<br /> will look to the operator of the vehicle -lead time tol prepare to comply°with'
<br /> or vessel to perform the generator V.Notification and EPA Identification major new-regulatory requirements:For
<br /> duties. Number Requirements
<br /> - `- the amendment to-§-261.4•promulgated
<br /> As discussed above,the"person who A number of.questions:have been today,however;theAgency-believes;
<br /> removes hazardous waste from a asked about how the notification that an effective d`ateaix months after
<br /> manufacturing process unit or a product requirements of Section-.3010 of RCRA- promulgation.woiil4 .cause:substantial
<br /> or raw materials, nk,storage tatransport, and the EPA Identification Number and:unnecessary disrup.#ianin the. "
<br /> vehicle or vessel will'be.jointly and requirements of§262:12 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,.1980.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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