(a) Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable United States Department of Transportation (USDOT) regulations on packaging under 49 CFR parts 173, 178, and 179.
(b) Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable USDOT regulations on hazardous materials under 49 CFR Part 172.
(1) Before transporting or offering hazardous waste for transport off-site, a generator must mark each package of hazardous waste in accordance with the applicable USDOT regulations on hazardous materials under 49 CFR part 172.
(2) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must mark each container of 110 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:
“HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest public safety authority or the ASEPA.
Generator’s Name and Address _________________________________,
Manifest Document Number ________________________________.”
(d) Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to USDOT regulations for hazardous materials under 49 CFR part 172, subpart F.
(1) A generator may accumulate hazardous waste on-site for 180 days or less without a permit from the commission provided that the waste is placed:
(A) In containers and the generator complies with subpart W of 40 CFR part 265; and or
(B) In tanks and the generator complies with subpart J of 40 CFR part 265, except section 265.197(c) and section 265.200; and or
(C) On drip pads and the generator complies with subpart W of 40 CFR part 265 and maintains the following records at the facility:
(i) A description of the procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
(ii) Documentation of each waste removal, including the quantity of waste removed from the drip pad and sump or collection system and the date and time of removal.
(2) A generator who accumulates hazardous waste for more than 180 days is an operator of a storage facility and is therefore subject to the requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part 270, unless he has been granted an extension in writing by the executive secretary. Such extension may be granted by the executive secretary if hazardous wastes must remain on-site for longer than 180 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the executive secretary on a case-by-case basis.
(3) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste (listed in Appendix A and in 40 CFR 261.33(f) ) in containers at or near the point of generation where wastes initially accumulate without complying with paragraph (e)(1) of this section, provided that he:
(A) uses only containers which are free of leaks and in good condition; and
(B) uses containers which are lined with materials which will not react with, and are otherwise compatible with, the hazardous wastes to be stored; and
(C) ensure that containers holding hazardous wastes are always closed during storage, except when it is necessary to add or remove waste;
(D) marks his containers either with the words “Hazardous Waste” or with other words that identify the contents of the containers.
(4) A generator who accumulates either hazardous waste or acutely hazardous waste in excess of the amounts set forth in subparagraph (3) of this section at or near the point of generation must, with respect to that amount of excess waste, comply within three days with paragraph (e)(1) of this section and any other applicable sections of this chapter. The generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
(f) Hazardous waste residues in containers. Hazardous waste remaining in an empty container or in an inner liner removed from an empty container is not subject to regulation under the hazardous waste requirements of these standards and regulations. A container shall be considered “empty” if:
(1) the container held a quantity of non-acute hazardous waste and all wastes have been removed that can be removed using the common practices for removing materials from that type of container (i.e. pouring, pumping, and aspirating), and no more than 2.5 centimeters (1 inch) of residue remains on the bottom of the inner liner; or
(2) No more than 3 percent by weight of the total capacity of the container remains in the container or the inner if the container is larger than 110 gallons, or less; or
(3) No more than 0.3 percent by weight of the total capacity of the container remains in the container or the inner liner if the container is larger than 110 gallons; or
(4) The container previously held a compressed gas and the pressure in the container approximates atmospheric pressure; or
(5) The container previously held an acute hazardous waste and one of the following applies:
(A) The container or inner liner has been triple-rinsed with a solvent capable of removing the commercial chemical product or the manufacturing chemical intermediate (a chemical used in manufacturing a commercial chemical product); or
(B) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or in tests conducted by the generator, to achieve an equivalent level of removal; or
(C) In the case of a container, the inner liner that prevented the commercial chemical product or the manufacturing chemical intermediate from contacting the container has been removed.History: Rule 02-01, eff 30 Aug 01.