[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.10]

[Page 199-201]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table 
of Contents
 
                            Subpart A_General
 
Sec. 262.10  Purpose, scope, and applicability.




                            Subpart A_General

Sec.
262.10 Purpose, scope, and applicability.
262.11 Hazardous waste determination.
262.12 EPA identification numbers.

                         Subpart B_The Manifest

262.20 General requirements.
262.21 Acquisition of manifests.
262.22 Number of copies.
262.23 Use of the manifest.
262.27 Waste minimization certification.

                  Subpart C_Pre-Transport Requirements

262.30 Packaging.
262.31 Labeling.
262.32 Marking.
262.33 Placarding.
262.34 Accumulation time.

                  Subpart D_Recordkeeping and Reporting

262.40 Recordkeeping.
262.41 Biennial report.
262.42 Exception reporting.
262.43 Additional reporting.
262.44 Special requirements for generators of between 100 and 1000 kg/
          mo.

                  Subpart E_Exports of Hazardous Waste

262.50 Applicability.
262.51 Definitions.
262.52 General requirements.
262.53 Notification of intent to export.
262.54 Special manifest requirements.
262.55 Exception reports.
262.56 Annual reports.
262.57 Recordkeeping.
262.58 International agreements.

                  Subpart F_Imports of Hazardous Waste

262.60 Imports of hazardous waste.

                            Subpart G_Farmers

262.70 Farmers.

Subpart H_Transfrontier shipments of hazardous waste for recovery within 
                                the OECD

262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Notification and consent.
262.84 Tracking document.
262.85 Contracts.
262.86 Provisions relating to recognized traders.
262.87 Reporting and recordkeeping.
262.88 Pre-approval for U.S. Recovery Facilities. [Reserved]
262.89 OECD Waste Lists.

                Subpart I_New York State Public Utilities

262.90 Project XL for Public Utilities in New York State.

 Subpart J_University Laboratories XL Project_Laboratory Environmental 
                           Management Standard

262.100 To what organizations does this subpart apply?
262.101 What is in this subpart?
262.102 What special definitions are included in this subpart?
262.103 What is the scope of the laboratory environmental management 
          standard?
262.104 What are the minimum performance criteria?
262.105 What must be included in the laboratory environmental management 
          plan?
262.106 When must a hazardous waste determination be made?
262.107 Under what circumstances will a university's participation in 
          this environmental management standard pilot be terminated?
262.108 When will this subpart expire?

Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions 
          (EPA Forms 8700-22 and 8700-22A and Their Instructions)

    Authority: 42 U.S.C 6906, 6912, 6922-6925, 6937, and 6938.

    Source: 45 FR 33142, May 19, 1980, unless otherwise noted.



    (a) These regulations establish standards for generators of 
hazardous waste.
    (b) 40 CFR 261.5(c) and (d) must be used to determine the 
applicability of provisions of this part that are dependent on 
calculations of the quantity of hazardous waste generated per month.
    (c) A generator who treats, stores, or disposes of hazardous waste 
on-site must only comply with the following sections of this part with 
respect to

[[Page 200]]

that waste: Section 262.11 for determining whether or not he has a 
hazardous waste, Sec. 262.12 for obtaining an EPA identification 
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 
(c) and (d) for recordkeeping, Sec. 262.43 for additional reporting, 
and if applicable, Sec. 262.70 for farmers.
    (d) Any person who exports or imports hazardous waste subject to the 
Federal manifesting requirements of part 262, or subject to the 
universal waste management standards of 40 CFR Part 273, or subject to 
State requirements analogous to 40 CFR Part 273, to or from the 
countries listed in Sec. 262.58(a)(1) for recovery must comply with 
subpart H of this part.
    (e) Any person who imports hazardous waste into the United States 
must comply with the standards applicable to generators established in 
this part.
    (f) A farmer who generates waste pesticides which are hazardous 
waste and who complies with all of the requirements of Sec. 262.70 is 
not required to comply with other standards in this part or 40 CFR parts 
270, 264, 265, or 268 with respect to such pesticides.
    (g) A person who generates a hazardous waste as defined by 40 CFR 
part 261 is subject to the compliance requirements and penalties 
prescribed in section 3008 of the Act if he does not comply with the 
requirements of this part.
    (h) An owner or operator who initiates a shipment of hazardous waste 
from a treatment, storage, or disposal facility must comply with the 
generator standards established in this part.
    (i) Persons responding to an explosives or munitions emergency in 
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) 
or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to comply with 
the standards of this part.
    (j) (1) Universities that are participating in the Laboratory XL 
project are the University of Massachusetts Boston in Boston, 
Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the 
University of Vermont in Burlington, Vermont (``Universities''). The 
Universities generate laboratory wastes (as defined in Sec. 262.102), 
some of which will be hazardous wastes. As long as the Universities 
comply with all the requirements of subpart J of this part the 
Universities' laboratories that are participating in the University 
Laboratories XL Project as identified in Table 1 of this section, are 
not subject to the provisions of Sec. Sec. 262.11, 262.34(c), 40 CFR 
Parts 264 and 265, and the permit requirements of 40 CFR Part 270 with 
respect to said laboratory wastes.

                             Table 1--Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
                                         Approx.
              Institution               number of     Departments participating    Location of current hazardous
                                           labs                                       waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA.....        120  Chemistry, Biology, Geology,    Merkert Chemistry Building,
                                                    Physics, Psychology.            2609 Beacon St., Boston, MA,
                                                                                    Higgins Building, 140
                                                                                    Commonwealth Ave., Chestnut
                                                                                    Hill, MA.
University of Massachusetts Boston,           150  Chemistry, Biology,             Science Building (Bldg.
 Boston, MA.                                        Psychology, Anthropology,       080); McCormack
                                                    Geology and Earth Sciences,     Building (Bldg. 020); and Wheatley
                                                    and Ocean Sciences.             Building (Bldg. 010), 100 Morrissey Blvd.,
                                                                                    Boston, MA.
University of Vermont, Burlington, VT.        400  Colleges of: Agriculture and    Given Bunker, 89 Beaumont
                                                    Life Sciences, Arts and         Ave., Burlington, VT.
                                                    Sciences, Medicine, and
                                                    Engineering and Mathematics;
                                                    and Schools of: Nursing,
                                                    Allied Heath Sciences, and
                                                    Natural Resources.
----------------------------------------------------------------------------------------------------------------

    (2) Each University shall have the right to change its respective 
departments or the on-site location of its hazardous waste accumulation 
areas listed in Table 1 of this section upon written notice to the 
Regional Administrator for EPA-Region I and the appropriate state 
agency. Such written notice will be provided at least ten days prior to 
the effective date of any such changes.


[[Page 201]]


    (k) Generators in the Commonwealth of Massachusetts may comply with 
the State regulations regarding Class A recyclable materials in 310 
C.M.R. 30.200, when authorized by the EPA under 40 CFR part 271, with 
respect to those recyclable materials and matters covered by the 
authorization, instead of complying with the hazardous waste 
accumulation requirements of Sec. 262.34, the reporting requirements of 
Sec. 262.41, the storage facility operator requirements of 40 CFR parts 
264 and 265 and the permitting requirements of 40 CFR part 270. Such 
generators must also comply with any other applicable requirements, 
including any applicable authorized State regulations governing 
hazardous wastes not being recycled and any applicable Federal 
requirements which are being directly implemented by the EPA within 
Massachusetts pursuant to the Hazardous and Solid Waste Amendments of 
1984.
    Note 1: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous waste by generators. Therefore, the provisions 
of Sec. 262.34 only apply to owners or operators who are shipping 
hazardous waste which they generated at that facility.
    Note 2: A generator who treats, stores, or disposes of hazardous 
waste on-site must comply with the applicable standards and permit 
requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47 
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19, 
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, 
Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, 1999; 
69 FR 11813, Mar. 12, 2004]