Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Applicability.
Except as provided in subpart
2, persons who generate or
collect samples for the purpose of conducting treatability studies, as defined
in part
7045.0020, are not subject to any
requirement of parts
7045.0102 to
7045.0397, or to the notification
requirements of the Resource Conservation and Recovery Act, United States Code,
title 42, section 6930, as amended, when:
A. the sample is being collected and prepared
for transportation by the generator or sample collector;
B. the sample is being accumulated or stored
by the generator or sample collector before transportation to a laboratory or
testing facility; or
C. the sample
is being transported to the laboratory or testing facility for the purpose of
conducting a treatability study.
Subp. 2.
Conditions of
exemption.
The exemption in subpart
1 is applicable to samples of
hazardous waste being collected and shipped for the purpose of conducting
treatability studies provided that:
A.
no more than 1,000 kilograms of nonacute hazardous waste, one kilogram of acute
hazardous waste, or 250 kilograms of soils, water, or debris contaminated with
acute hazardous waste is used for each process being evaluated for each
generated waste stream;
B. each
sample shipment does not exceed 1,000 kilograms of nonacute hazardous waste,
one kilogram of acute hazardous waste, or 250 kilograms of soils, water, or
debris contaminated with acute hazardous waste;
C. the sample is packaged so that it will not
leak, spill, or vaporize from its packaging during shipment and the
requirements of either of the following subitems are met:
(1) the transportation of each sample
shipment complies with United States Department of Transportation, United
States Postal Service, and any other applicable shipping requirements;
or
(2) if the United States
Department of Transportation, United States Postal Service, or other shipping
requirements do not apply to the shipment of the sample, the following
information must accompany the sample: the name, mailing address, and telephone
number of the originator of the sample; the name, address, and telephone number
of the facility that will perform the treatability study; the quantity of the
sample; the date of shipment; and a description of the sample, including its
Environmental Protection Agency hazardous waste number;
D. the sample is shipped to a laboratory or
testing facility that is exempt under this part, or has an appropriate permit
under the Resource Conservation and Recovery Act, United States Code, title 42,
section 6901 et seq., as amended, or interim status;
E. the generator or sample collector
maintains the following records for a period ending three years after
completion of the treatability study:
(1)
copies of shipping documents;
(2) a
copy of the contract with the facility conducting the treatability study;
and
(3) documentation showing the
amount of waste shipped under this exemption; the name, address, and
identification number of the laboratory or testing facility that received the
waste; the date the shipment was made; and whether or not unused samples and
residues were returned to the generator;
F. the generator reports the information
required under item E, subitem (3), in its report to the commissioner as
specified in part
7045.0248.
Subp. 3.
Facilities and sample
handling.
A mobile treatment unit may qualify as a laboratory or
testing facility subject to requirements of this subpart. Where a group of
mobile treatment units are located at the same site, the limitations specified
in this subpart apply to the entire group of mobile treatment units involved in
treatability studies collectively as if the group were one mobile treatment
unit. Samples undergoing treatability studies and the laboratory or testing
facility conducting the treatability studies, to the extent the facilities are
engaged directly in treatability studies and are not otherwise subject to the
Resource Conservation and Recovery Act requirements, United States Code, title
42, section 6901 et seq., as amended, are not subject to any requirements of
Code of Federal Regulations, title 40, part 124, as amended; parts
7045.0102 to
7045.0685 except this part and
applicable references; part
7045.1390; chapter 7001; or to the
notification requirements of the Resource Conservation and Recovery Act, United
States Code, title 42, section 6930, as amended, providing that the conditions
in items A to K are met.
A. No less
than 45 days before conducting treatability studies, the facility operator
notifies the commissioner in writing that it intends to conduct treatability
studies under this item.
B. The
laboratory or testing facility conducting the treatability study has an
identification number.
C. No more
than a total of 250 kilograms of hazardous waste sample of which no more than
one kilogram may be acute hazardous waste, as received, is subjected to
initiation of treatment in all treatability studies in any single day. The term
"as received" refers to the hazardous waste sample in the form received in the
shipment from the generator or sample collector for the purpose of evaluation
in treatability studies.
D. The
quantity of as received hazardous waste sample stored at the facility for the
purpose of evaluation in treatability studies does not exceed 1,000 kilograms,
the total of which can include 500 kilograms of soils, water, or debris
contaminated with acute hazardous waste or one kilogram of acute hazardous
waste. This quantity limitation does not include:
(1) treatability study residues;
and
(2) treatment materials,
including nonhazardous solid waste, added to as received hazardous waste
sample.
E. Any unused
sample or residues generated from the treatability study must be returned to
the generator or sample collector, or must be sent to a designated facility
with a current identification number within 90 days after completion of the
treatability study or within one year of the date the generator or sample
collector shipped the sample to the laboratory or testing facility, whichever
date occurs first.
F. The
treatability study does not involve the placement of hazardous waste on the
land or open burning of hazardous waste.
G. The facility maintains records for three
years following completion of each treatability study conducted and these
records track compliance with the limits on treatment rate, storage time, and
quantity and also include the following information:
(1) the name, address, and identification
number of the generator or sample collector of each hazardous waste
sample;
(2) the date the waste
sample shipment was received;
(3)
the quantity of waste sample accepted;
(4) the quantity of as received waste sample
in storage each day;
(5) the date
the treatment study was initiated, and the amount of as received waste sample
introduced to treatment each day;
(6) the date the treatability study was
concluded; and
(7) the date any
unused sample or residues generated from the treatability study were returned
to the generator or sample collector or, if sent to a designated facility, the
name of the facility and its identification number.
H. The facility must keep, on-site, a copy of
the treatability study contract and all shipping papers associated with the
transport of treatability study samples to and from the facility for a period
ending three years from the completion date of each treatability
study.
I. The facility prepares and
submits a report to the commissioner by March 15 of each year that estimates
the number of studies and the amount of waste expected to be used in
treatability studies during the current year and includes the following
information for the previous calendar year:
(1) the name, address, and identification
number of the facility conducting the treatability studies;
(2) the types, by process, of treatability
studies conducted;
(3) the names
and addresses of persons for whom studies have been conducted, including their
identification numbers;
(4) the
total quantity of waste in storage each day;
(5) the quantity and types of waste subjected
to treatability studies;
(6) when
each treatability study was conducted; and
(7) the final disposition of residues and
unused sample from each treatability study.
J. The facility determines whether any unused
sample or residues generated by the treatability study are hazardous waste
under parts
7045.0102 to
7045.0143, and, if so, are subject
to chapters 7001 and 7045, unless the residues and unused samples are returned
to the sample originator, in which case the sample originator is responsible to
make this determination.
K. The
facility notifies the commissioner by letter when the facility is no longer
planning to conduct any treatability studies at the site.
