Code of Vermont Rules
Agency 12 - AGENCY OF NATURAL RESOURCES
Sub-Agency 032 - WASTE MANAGEMENT DIVISION
Chapter 001 - HAZARDOUS WASTE MANAGEMENT
Section 12 032 001 - HAZARDOUS WASTE MANAGEMENT

(a) Having the following characteristics:

(b) The device is one which the Secretary has determined, on a case-by-case basis, to be a boiler, after considering the standards in 40 CFR § 260.32.

"Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.

"CERCLA" means the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.

"Certificate of need" means a certificate issued by the Secretary pursuant to 10 V.S.A. § 6606a that must be obtained before a person may begin site preparation for or construction of a hazardous waste management facility.

"Certified hazardous waste facility" means a treatment, storage, or disposal facility which is authorized to operate under a federally approved state hazardous waste program, the federal hazardous waste program, or a foreign government.

"College/University" means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. Department of Education.

"Completed copy" means any copy of the manifest which has been signed by the generator, designated transporter, any continuing transporters, and the designated certified hazardous waste treatment, storage, or disposal facility.

"Compliance points" or points of compliance means the locations identified in §12-603 of the GWPRS

"Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.

"Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.

"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of Subpart DD of 40 CFR Parts 264 or 265 (incorporated by reference in subchapter 5)

(a) A wipe that, after being used in a cleaning or degreasing process:

(b) Contaminated wipes that contain listed hazardous waste other than VT02 petroleum distillates or the solvents specified in subsection (a)(2) of this section, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exemption at §7-203(w).

(a) generation;

(b) treatment;

(c) storage;

(d) transportation; or

(e) disposal, whether or not such activity is authorized by law.

"Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: Any material for which a specific treatment standard is provided in 40 CFR §§ 268.40 through 268.49, namely lead acid batteries, cadmium batteries. and radioactive lead solids; Process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by 40 CFR § 268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

(a) A hazardous waste treatment, storage, or disposal facility which:

(b) A generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 40 CFR § 264.72(f) or 40 CFR §265.72(f) (Refer to §7-704.(i)(4))

(c) If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.

"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in §7-912(d)(3). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

(a) Abandoned by being:

(b) Recycled, until the recycling process has been completed;

(c) Considered inherently waste-like as described in 40 CFR § 261.2(d);

(d) Applied to or placed on the land in a manner that constitutes, used to produce products that are applied to or placed on the land, or are otherwise contained in products that are applied to or placed on the land or

(e) A military munition identified as a solid waste in 40 CFR § 266.202.

"Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters.

"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.

"Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

"Domestic sewage" means untreated sanitary wastes that pass through a sewer system to a sewage treatment plant.

"Electronic manifest" (or "e-Manifest") means the electronic format of the hazardous waste manifest that is obtained from EPA's national e-Manifest system and transmitted electronically to that system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).

"Electronic Manifest System" (or "e-Manifest system") means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

(a) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in §7-206, or they are listed in §§7-210 through 7-215 only for this reason; and

(b) Meets the definition of tank, tank system, container, transport vehicle, or vessel.

"Eligible academic entity" means a college or university, or a non-profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.

"Emergency response" means a response action to a situation that may cause immediate and serious threat of harm to human health or the environment.

"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.

"EPA Acknowledgement of Consent" means the cable sent to EPA from the U. S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.

"EPA Identification number" means the location specific number assigned by either EPA or the Secretary to each generator, transporter and treatment, storage, or disposal facility.

"EPCRA" means the federal Emergency Planning & Community Right to Know Act of 1986, as amended.

"Episodic Event" means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category.

"Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (ED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

"Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD). technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

(a) All contiguous land, and structures, other appurtenances, and improvements on the land. used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).

(b) For the purpose of implementing corrective action under 40 CFR § 264.101 (incorporated by reference under subchapter 5), all contiguous property under the control of the owner or operator seeking certification under subchapter 5 of these regulations. This definition also applies to facilities implementing corrective action under RCRA §3008.(h).

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. § 136 et seq

"Final closure" means the cessation of hazardous waste management activities and either the closure of all short-term storage areas at a large quantity generator facility in accordance with the requirements of §7-308(b)(16), or the closure of all hazardous waste management units at a facility in accordance with the facility closure plan and all applicable closure requirements of subchapter 5 so that hazardous waste management activities permitted under subchapter 5 are no longer conducted at the facility.

"Generator" means any person, by site, whose act or process produces hazardous waste or whose act first causes hazardous waste to become subject to regulation. This includes any person who imports hazardous waste into Vermont from a foreign country.

"Groundwater enforcement standards" means those standards adopted by §12-601 of the Groundwater Protection Rule and Strategy

"Groundwater Protection Rule and Strategy" or "GWPRS" means chapter 12 of the Vermont Environmental Protection Rules, effective July 6, 2019, as amended.

(a) Any substance defined in CERCLA §101(14);

(b) Petroleum, including crude oil or any fraction thereof;

(c) Hazardous waste; or

(d) A chemical or substance that, when released, poses a risk to human health or other living organisms and that is listed by the Secretary by rule.

Note: "Hazardous material" does not include herbicides and pesticides when applied consistent with good practice conducted in conformity with federal, state and local laws and regulations and according to manufacturers' instructions. Nothing in this subsection shall affect the authority granted and the limitations imposed by 10 V.S.A. § 6608a.

"Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including but not limited to those which are toxic, corrosive, ignitable, reactive, strong sensitizers, or which generate pressure through decomposition, heat or other means, which in the judgment of the Secretary may cause, or contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter which may have an unusually destructive effect on water quality if discharged to ground or surface waters of the state. All special nuclear, source, or by-product material, as defined by the Atomic Energy Act of 1954, as amended, codified in 42 U. S. C. § 2014, is specifically excluded from this definition.

"Hazardous waste management" means the systematic and comprehensive management of the generation, storage, transport, treatment, including recycling and recovery, or disposal of hazardous waste materials.

"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

"Household waste" means any waste material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas). Business waste generated at a household is not household waste.

"Impervious surface" means a surface that is sufficiently impermeable to any waste material stored thereon to prevent that material from migrating into the surface (e.g., porous concrete) or to the soil, groundwater, or surface water.

(a) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or

(b) Meets the definition of infrared incinerator or plasma arc incinerator as defined in 40 CFR § 260.10.

"Incompatible waste" means a hazardous waste which is unsuitable for:

(a) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e. g., container inner liners or tank walls); or

(b) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See Appendix VII for examples of potentially incompatible waste.)

"Industrial furnace" means an enclosed device that is an integral component of a manufacturing process, that uses thermal treatment to accomplish recovery of materials or energy, and that is listed as an "industrial furnace" in 40 CFR § 260.10.

"Investigation and Remediation of Contaminated Properties Rule" means chapter 35 of the Vermont Environmental Protection Rules, effective July 6, 2019, as amended.

"Laboratory" means an area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching or research laboratories (or diagnostic laboratories at teaching hospitals) are also considered laboratories.

"Land disposal" means placement in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, concrete vault or bunker intended for disposal purposes.

"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.

(a) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or

(b) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in §7-210 or §7-215; or

(c) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §7-210 or §7-215.

"Low-level mixed waste (LLMW)" is a waste that contains both low-level radioactive waste and RCRA hazardous waste.

"Low-level radioactive waste (LLW)" is a radioactive waste which contains source, special nuclear, or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act. (See also NRC definition of "waste" at 10 CFR 61.2)

"Manifest" means the shipping document EPA Form 8700-22 (including, if necessary, the continuation sheet document EPA Form 8700-22A), or the electronic manifest, originated and signed in accordance with the applicable requirements of 40 CFR Parts 262 through 265.

"Manifest tracking number" means the alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source.

"Manufacturing or mining by-product" is a material that is not one of the primary products of a particular manufacturing or mining operation, is a secondary and incidental product of the particular operation and would not be solely and separately manufactured or mined by the particular manufacturing or mining operation. The term does not include an intermediate manufacturing or mining product which results from one of the steps in a manufacturing or mining process and is typically processed through the next step of the process within a short time.

"Media" means environmental media (e.g., soil, groundwater).

"Military munitions" means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions. rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

"Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR Part 146, containment building, corrective action management unit, or unit eligible for a research, development, and demonstration certification under §7-511(c).

"Mixed waste" means a waste that contains both RCRA hazardous waste and source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended.

"No free liquids" as used in §7-203(w), means that contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by reference, and that there is no free liquid in the container holding the wipes. No free liquids may also be determined using another standard or test method as defined by the Secretary.

"Non-acute hazardous waste" means all hazardous wastes that are not acute hazardous waste.

"Obsolete pesticide products" means concentrated pesticide products which are unusable due to damage to containers or the pesticide formulation; in damaged containers; pesticide products whose U. S. EPA registration number has been canceled or suspended leaving no valid registered uses on the label; or unwanted registered pesticide compounds which the generator wishes to dispose of.

"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered on-site property.

"Partial closure" means the closure of a short-term storage area at a large quantity generator in accordance with the applicable requirements of §7-308(b)(16), or the closure of a hazardous waste management unit at a facility that contains other active hazardous waste management units in accordance with the facility closure plan and all applicable closure requirements of subchapter 5. For example, partial closure may include the closure of a short-term storage area at a large quantity generator that continues to generate hazardous waste and may maintain other active short-term storage areas; or the closure of a container storage area, tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit at a facility, while other units of the same facility continue to operate.

"Person" means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont or any agency, department, or subdivision of the state, federal agency, or any other legal or commercial entity.

(a) Is a new animal drug under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 201(w), or

(b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by subsection (a) or (b) of this definition

"Pesticidal wastes" means unwanted pesticides and their dilutions, rinses, and improperly rinsed containers.

"Pile" means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

"Planned episodic event" means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory

"Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with subchapter 7 when the manifest specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq, as amended.

"RCRA hazardous waste" means hazardous waste regulated under Subtitle C of RCRA; it does not include other wastes regulated as hazardous waste by the State of Vermont that are not regulated under Subtitle C of RCRA.

"Reclaimed" means that a hazardous waste is processed to recover the hazardous component of the waste as a usable product, or that it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

"Receiving country" means any foreign country to which hazardous waste is sent for the purpose of treatment, storage, or disposal (except short-term storage incidental to transportation).

"Registration" means, for the purposes of §7-304(e) and 6608(f), notifying the Secretary of hazardous waste activity using the Hazardous Waste Handler Site Identification Form ( EPA Form 8700-12) referenced in §7-104(a), and paying the annual fee specified in 3 V.S.A. § 2822.

"Release" means any intentional or unintentional action or omission resulting in the spilling. leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the state, or into waters outside the jurisdiction of the state when damage may result to the public health, lands, waters or natural resources within the jurisdiction of the state.

"Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

"Restricted use pesticides" means pesticides that meet the criteria of 40 CFR § 152.170 and are identified by the designation "Restricted Use" on the product label. Restricted use pesticides are not available for purchase or use by the general public.

"Scrap metal" means bits and pieces of metal parts (e. g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e. g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

"Secretary" means the Secretary of the Agency of Natural Resources or his or her duly authorized representative. When implementing the provisions of 10 V. S. A. §§6608a relating to economic poisons, the term shall also include the Secretary of the Vermont Agency of Agriculture, Food & Markets. When implementing the provisions of 10 V.S.A. § 6608b relating to low-level radioactive wastes mixed with hazardous waste, the term shall also include the Commissioner of the Vermont Department of Health.

"Short-term storage area" means any on-site hazardous waste storage area with hazardous waste stored in units that are subject to either §7-307 (for small quantity generators) or §7-308 (for large quantity generators). A short-term storage area at an eligible academic entity that chooses to operate under 40 CFR §§ 262.200 through 262.216 (Subpart K) is also subject to 40 CFR § 262.211 when storing unwanted material and/or hazardous waste. The term "short-term storage area" shall have the same meaning as "central accumulation area" as used in 40 CFR Subpart K.

"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

"Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.

(a) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and

(b) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in §7-210 or §7-215; and

(c) Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §7-210 or §7-215.

"Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in 40 CFR § 268.3.

"Solid waste" means any discarded garbage, refuse, septage, sludge from a waste treatment plant, water supply plant, or pollution control facility and other discarded material including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment or solid or dissolved materials in industrial discharges which are point sources subject to permits pursuant to 10 V.S.A. chapter 47.

"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.

"Sorb" means to either adsorb or absorb, or both.

"Staging" means the temporary placement of off-site generated recyclable materials within a recycling facility for a period of time no longer than three (3) days.

"Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years; in such a manner as not to constitute disposal of such wastes. Storage may be conducted by either generators or designated facilities. Hazardous waste that is being staged at a recycling facility for no more than three (3) days is not considered to be in storage.

"Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.

(a) Used primarily for the storage, treatment, or disposal of hazardous waste in liquid, semi-solid, or solid form; and

(b) Constructed on, below, or partially in the ground.

"Tank" means a stationary device, designed to contain an accumulation of hazardous waste, which is constructed primarily of nonearthen materials (e. g., wood, concrete, steel, plastic) that provide structural support.

"Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

"Transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

"Transport" or "transportation" means the movement of wastes by air, rail, highway, or water.

"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste non-hazardous.

"TSCA" means the Toxic Substances Control Act of 1976, 15 U.S.C. 2601, et seq, as amended.

(a) Batteries as described in §7-902;

(b) Pesticides as described in §7-903;

(c) Thermostats as described in §7-904;

(d) PCB-containing fluorescent light ballasts as described in §7-905;

(e) Lamps as described in §7-906;

(f) Mercury-containing devices as described in §7-907;

(g) Cathode ray tubes (CRTs) as described in §7-908.

(h) Postconsumer paint as described in §7-909; and

(i) Aerosol cans as described in §7-910.

"Unplanned episodic event" means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as tornado, hurricane, or flood.

(a) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a hazardous waste will not satisfy this condition if distinct components of the waste are recovered as separate end products (as when metals are recovered from metalcontaining secondary materials); or

(b) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. Used oil does not include materials refined from crude oil that are fuels (e.g., gasoline, jet fuel and diesel fuel), or materials refined from crude oil that are used as cleaning agents or solvents (e.g., naphtha or mineral spirits); these materials are subject to regulation under subchapters 1 through 7, as applicable.

(a) Is required to use a manifest to comply with:

(b) Elects to use the system to obtain, complete and transmit an electronic manifest format supplied by the EPA electronic manifest system; or

(c) Elects to use the paper manifest form and submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with §7-704(c)(5). These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.

Vermont Groundwater Protection Rule and Strategy or GWPRS means chapter 12 of the Vermont Environmental Protection Rules, effective July 6, 2019, as amended.

(a) 100 kilograms (220 lbs) of non-acute hazardous waste; and

(b) 1 kilogram (2.2 lbs) of acute hazardous waste listed in §7-210 or §7-215; and

(c) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §7-210 or §7-215.

"Waste" means a material that is discarded or is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or has served its original intended use and is normally discarded or is a manufacturing or mining by-product and is normally discarded.

(a) Heats wastewater to intentionally evaporate water to reduce the volume of the wastewater;

(b) Receives and treats or stores an influent wastewater that is a hazardous waste as described in §7-202(a), or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as described in §7-202(a), or treats or stores a wastewater treatment sludge which is a hazardous waste as described in §7-202(a); and

(c) Is not used to dispose of hazardous waste.

Wastewater evaporation unit does not mean a sludge dryer.

(a) Is part of a wastewater treatment facility that is subject to regulation under either §§ 402 or 307(b) of the Clean Water Act;

(b) Receives and treats or stores an influent wastewater that is a hazardous waste as described in §7-202(a), or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as described in §7-202(a), or treats or stores a wastewater treatment sludge which is a hazardous waste as described in §7-202(a);

(c) Meets the definition of tank or tank system; and

(d) Is not a wastewater evaporation unit.

"Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

(a) Except for persons who have been issued a temporary identification number pursuant to subsection (d) of this section, any person who generates or transports hazardous waste or who owns or operates a transfer facility or a facility for the treatment, storage, use, disposal, or recycling of hazardous waste shall notify the Secretary of such activity. In addition, persons managing waste under the provisions of the used oil management standards of subchapter 8, the universal waste management standards of subchapter 9, or the pharmaceutical waste management standards of subchapter 10, shall notify the Secretary of such activity as required under those subchapters. Notification shall be made by accurately and completely filling out the Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) in accordance with the form's instructions.

(b) Notification is required upon transferal of ownership of an entity that was required to notify the Secretary under subsection (a) of this section.

(c) Persons subject to the requirements of this section shall maintain an up-to-date Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) filed with the Secretary.

(d) The Secretary may issue a temporary identification number to persons who have generated hazardous waste only from an episodic event and do not otherwise generate hazardous waste.

(a) Emergency actions

In the event of a release of a hazardous material (including discharges of hazardous waste), the person in control of such material shall:

(b) Immediate reporting. Pursuant to 10 V.S.A. § 6617, any person who has knowledge of an actual or suspected release of hazardous material and who may be subject to liability for a release as detailed under 10 V.S.A. § 6615 shall immediately report any release that:

(c) Written follow-up report. If requested by the Secretary, a written report shall be submitted to the Secretary within ten (10) days following any release subject to subsection (b) of this section. The report shall be sent to: Vermont Department of Environmental Conservation, Waste Management & Prevention Division, 1 National Life Drive - Davis 1, Montpelier, VT 05620-3704.

(d) Releases during transportation.

(e) Management of wastes, clean-up debris and residues.

(f) Corrective action

(g) Compliance points. In the event of a release, compliance points for regulated activities shall be established pursuant to the Vermont Groundwater Protection Rule and Strategy.

(a) Certain hazardous wastes shall not be disposed of in or on the land. 40 CFR Part 268, which is hereby incorporated by reference, except for 40 CFR §§ 268.5, 268.6, and 268.42(b), identifies those wastes which shall not be land disposed and describes the limited circumstances under which an otherwise prohibited waste may continue to be land disposed. The authority for implementing the CFR sections not incorporated by reference remains with the EPA.

(b) In addition to the prohibitions of 40 CFR Part 268, the Secretary may restrict the land disposal of any hazardous waste in the state of Vermont which:

(c) Dilution of hazardous waste subject to the land disposal restrictions of 40 CFR Part 268 is prohibited pursuant to 40 CFR § 268.3.

(a) Compliance; findings.

(b) Management of groundwater. Notwithstanding any other provisions of these regulations, activities designated as high potential risk activities and moderate potential risk activities by the GWPRS shall be managed in accordance with Subchapter 4 of the GWPRS.

(a) Certification applications and information required by subsection (b) of this section shall be signed as follows:

(b) All reports required by certifications, and at the discretion of the Secretary other information requested or required by the Secretary, shall be signed by a person described in subsection (a) of this section or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(c) If an authorization described in subsection (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirement of subsection (b) of this section must be submitted to the Secretary prior to or together with any documents signed by an authorized representative.

(d) Certification. Any person signing a document pursuant to either subsections (a) or (b) of this section shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(e) The certification described in subsection (d) of this section need not appear on a manifest completed in accordance with subchapter 7 of these regulations.

(a) When reference is made to CFR titles, their parts, subparts, or sections, the reference is to titles of the Code of Federal Regulations as they existed on July 1, 2020, except that references to the ASTM test methods under §7-205(a)(1), are to the test methods in SW-846 Test Methods 1010B or 1020C identified in the "Modernizing Ignitable Liquids Determinations" amendments made on July 7, 2020, at 85 FR 40594 through 40608.

(b) The following federal regulations are incorporated by reference:

(a) "Hazardous Waste" means any waste or combination of wastes which meets the definition in §7-103, including but not limited to:

(b) A person who generates a waste shall make an accurate determination as to whether that waste is a hazardous waste by using the following procedure:

(c) If the waste is determined to be hazardous, generators shall identify all applicable EPA and Vermont hazardous waste codes assigned to wastes identified in §§7-205 through 7-208 and §§7-210 through 7-215. Prior to shipping the waste off site, the generator also shall mark its containers with all applicable EPA and Vermont hazardous waste codes according to §7-309(b)(1). If a waste is identified by both EPA and Vermont hazardous waste codes and descriptions, the EPA hazardous waste code and description shall be used for the purposes of these regulations.

(d) Military munitions

(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. Persons managing household wastes that are of the same type as the universal wastes described by §§7-902 through 7-910 may, at their option, manage them under the requirements of subchapter 9. Persons who commingle the household wastes together with universal waste regulated under subchapter 9 must manage the commingled waste under the requirements of that subchapter.

(b) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment, except as prohibited by §7-1006, in accordance with the provisions of a permit issued under 10 V.S.A. chapter 47.

(c) Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace as provided by 40 CFR § 266.112 (incorporated by reference through §7-109(b)(1) of these regulations).

(d) Mining overburden returned to the mine site.

(e) Waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace as provided by 40 CFR § 266.112 (incorporated by reference through §7-109(b)(1) of these regulations). For purposes of this section, beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting [and/or autoclaving and/or chlorination]/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purposes of this section, waste from the processing of ores and minerals includes only those listed by 40 CFR § 261.4(b)(7)(ii) as generated.

(f) Hazardous waste containing radioactive waste ("mixed waste") when it meets the eligibility criteria and conditions of 40 CFR Part 266, Subpart N (incorporated by reference through §7-109(b)(2) of these regulations).

(g) In the case of any waste consisting of, containing, or derived from any waste or any product or constituent listed in §§7-210 through 7-215 of this subchapter, when it has been determined by the Secretary that the waste is not hazardous pursuant to the delisting procedures of §7-217 or §7-218.

(h) A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste treatment manufacturing unit until it exits the unit in which it was generated provided:

(i) Samples as follows:

(j) Containers and inner liners from containers of hazardous waste provided that the containers and inner liners are empty. Containers and inner liners are empty under the following conditions:

(k) Mixtures of solid waste and hazardous waste provided that:

(l) Water-miscible metal cutting and grinding fluid waste that does not exhibit a characteristic of hazardous waste as defined in §§7-205 through 7-208 provided:

(m) Wood ash subject to regulation as hazardous waste only because it exhibits the characteristic of corrosivity described in §7-206(a)(3) provided the ash is stored in a location that is either:

(n) Used oil that meets the criteria of the VT02 hazardous waste code and/or exhibits a hazardous waste characteristic, is not subject to the requirements of subchapters 3 through 7 of these regulations, but is subject to the Used Oil Management Standards of subchapter 8.

Note: Pursuant to 10 V.S.A. § 6621a, no person shall knowingly dispose of used oil in a landfill.

(o) Non-terne plated used oil filters that are not mixed with wastes listed in §§7-210 through 7-215 if:

(p) Petroleum contaminated soil provided:

(q) Industrial discharges in compliance with 10 V.S.A. chapter 47. This exemption applies only to the actual point source discharge. It does not exclude wastewaters while they are being collected, stored, or treated before discharge nor does it exclude sludges that are generated by industrial wastewater treatment.

(r) Pesticidal wastes that are both generated and disposed of by the same farmer provided:

(s) The wastes listed below are exempt from regulation under subchapters 1 through 7 of these regulations except as specified in subchapter 9 of these regulations. The following wastes are subject to regulation as universal wastes under subchapter 9:

(t) PCB-containing dielectric fluid and, with the exception of fluorescent light ballasts, electric equipment containing such fluid authorized for use and regulated under 40 CFR Part 761 of the Toxic Substances Control Act and that are hazardous only because they either meet the criteria of the VT01 hazardous waste identification code or fail the test for the Toxicity Characteristic (hazardous waste codes D018 through D043 only). This exemption is not applicable to waste contaminated with PCB-containing dielectric fluid.

(u) The following materials provided they do not exhibit a characteristic identified in §§7-205 through 7-208:

(v) Waste which consists of discarded arsenical-treated wood or wood products which fails the test for the toxicity characteristic for hazardous waste codes D004 through D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.

(w) Contaminated wipes, as defined in §7-103, that are to be sent off-site for cleaning and reuse, provided that:

(x) Reusable absorbent material, contaminated with used oil or petroleum distillate, that does not exhibit a hazardous waste characteristic provided that:

(y) Airbag waste

(z) A military munition when:

(aa) Consumer products that are available to the general public in the marketplace which were treated with perfluorooctanoic acid, perfluorooctanesulfonic acid or a material containing perfluorooctanoic acid or perfluorooctanesulfonic acid.

(bb) Remediation wastes from an environmental response action that contain perfluorooctanoic acid, perfluorooctanesulfonic acid or a material containing perfluorooctanoic acid or perfluorooctanesulfonic acid and when those remediation wastes disposed in accordance with an corrective action plan or disposal plan approved by the Secretary.

(cc) Sludges from wastewater treatment facilities, collected leachate from solid waste management facilities, and residuals from the treatment of drinking water that contain perfluorooctanoic acid, perfluorooctanesulfonic acid or a material containing perfluorooctanoic acid or perfluorooctanesulfonic acid and when those remediation wastes are disposed in accordance with a corrective action plan or disposal plan approved by the Secretary

(a)

(b) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose provided those solutions are managed prior to reuse according to the requirements of 40 CFR § 261.4(a)(9)(iii).

(c) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood provided those wastewaters are managed prior to reuse according to the requirements of 40 CFR § 261.4(a)(9)(iii).

(d) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.

(e) Scrap metal that is recycled.

(f) Spent lead-acid batteries that are reclaimed or regenerated, provided:

(g) Recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these metals provided:

(h) Intact or shredded circuit boards being recycled provided that they are:

(i) Spent ethylene glycol or water-based ethylene glycol solutions (e.g., antifreeze) that are subject to regulation as hazardous waste for meeting only the criteria of the VT08 hazardous waste code provided that:

(j) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.

(k) Commercial chemical products that are applied to the land provided that land application is their ordinary manner of use.

(l) Commercial chemical products that are themselves fuels (e.g., gasoline, aviation fuel, diesel fuel) provided:

(a) A waste is an ignitable hazardous waste if a representative sample of the waste has any of the following properties:

(b) A waste that exhibits the characteristic of ignitability has the EPA hazardous waste code of D001.

(a) A waste is a corrosive hazardous waste if a representative sample of the waste has any of the following properties:

(b) A Waste that exhibits the characteristic of corrosivity because it meets the criteria of subsection (a)(1) or (a)(2) of this section has the EPA hazardous waste code of D002. A waste that exhibits the characteristic of corrosivity because it meets the criteria of subsection (a)(3) of this section has the hazardous waste code of VT20.

(a) A waste is a reactive hazardous waste if a representative sample of the waste has any of the following properties:

(b) A waste that exhibits the characteristic of reactivity has the EPA hazardous waste code of D003.

(a) A waste is a hazardous waste if, using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 (incorporated by reference, see §7-219(d)) , the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentration equal to or greater than the respective value given in that Table. Where the waste contains less than 0.5% filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purposes of this section.

(b) A waste that exhibits the characteristic of toxicity has all applicable EPA hazardous waste codes specified in Table 1 which correspond to any of the toxic contaminants listed in Table 1 that cause it to be hazardous.

Table 1

MAXIMUM CONCENTRATION OF CONTAMINANTS FOR THE CHARACTERISTIC OF TOXICITY

(a) Reserved.

(b) The following hazardous wastes listed in §7-210 are subject to the exclusion limits for acutely hazardous wastes established in §7-306(a): hazardous waste codes F020, F021, F022, F023, F026, and F027.

(c) The wastes listed in §§7-210, 7-211, 7-212, 7-214 and 7-215 are identified as toxicity characteristic waste (E), toxic waste (T), reactive waste (R), corrosive waste (C), ignitable waste (I), acutely hazardous waste (H), or a combination thereof.

(a) The waste is not excluded from regulation under §7-203 or §7-204; and

(b) The Secretary concludes, following the listing procedures in §7-216, that the waste meets the definition of hazardous waste in §7-103.

(a) Any commercial chemical product or manufacturing chemical intermediate having the generic name listed in Appendix III;

Note: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in..." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in Appendix III. Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in Appendix III, such waste will be listed in either §7-210 or §7-212 or will be identified as a hazardous waste by the characteristics set forth in §§7-205 through 7-208.

(b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in Appendix III ;

(c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in Appendix III, unless the container is empty as defined in §7-203(j).

Note: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the Secretary considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.

(d) Any residue or contaminated soil, water or other debris resulting from the clean-up of a release or discharge into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in Appendix III, or any residue or contaminated soil, water or other debris resulting from the clean-up of a release or discharge into or on any land or water of any off-specification chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in Appendix III.

Note: The primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability), and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.

(a) Any commercial chemical product or manufacturing chemical intermediate having the generic name listed in Appendix IV;

Note: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in..." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in Appendix IV. Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in Appendix IV, such waste will be listed in either §7-210 or §7-212 or will be identified as a hazardous waste by the characteristics set forth in §§7-205 through 7-208.

(b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in Appendix IV.

(c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in Appendix IV, unless the container is empty as defined in §7-203(j) or §7-1008.

Note: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, the Secretary considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.

(d) Any residue or contaminated soil, water or other debris resulting from the clean-up of a release or discharge into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in Appendix IV, or any residue or contaminated soil, water or other debris resulting from the cleanup of a release or discharge into or on any land or water of any off-specification chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in Appendix IV.

Note: The primary hazardous properties of these materials are indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound is only listed for toxicity.

(a) Any person requesting the addition of a generic class of wastes to the lists at §§7-210 through 7-215, shall file a petition for rulemaking with the Secretary. Prior to adopting a rule listing a generic class of wastes as a hazardous waste, the Secretary shall consider the following factors:

(b) For generators whose waste is not listed as a hazardous waste, the Secretary, upon petition or on his or her own motion, may, on a case-by-case basis, make the determination that a waste generated by a particular generator or treated, stored or disposed of by a particular facility, meets the definition of hazardous waste at §7-103.

(c) When making a determination under subsection (b) of this section, the Secretary shall examine and consider the following factors:

(d) Prior to making any determination under subsection (b) of this section, the Secretary shall give notice to the Commissioner of Health and the Commissioner of Labor and may then receive advice and information on the health effects of such determination.

(a) Generators may petition the Secretary to classify their waste as non-hazardous, if they generate either a waste listed at §§7210 through 7-215 or a mixture which contains a waste listed at §§7-210 through 7-215.

(b) The Secretary, upon petition or his or her own motion, may make the determination that a waste which is generated by a particular generator or treated, stored, or disposed of by a particular facility does not meet the definition of hazardous waste at §7-103 subject to the restrictions listed below.

(c) Any person seeking to exclude a waste at a particular generating facility from lists in Subpart D of 40 CFR Part 261 may petition for a regulatory amendment under 40 CFR § 260.20 and § 260.22. The Administrator of EPA shall retain the authority to exclude such wastes. Delisting determinations made by the EPA Administrator shall take effect in Vermont upon issuance of a "concurrence" letter sent by the Secretary to the EPA Administrator.

(d) For any waste listed at §§7-210 through 7-215 of this subchapter and not listed by EPA as a hazardous waste, the petition to delist shall be made on the delisting form entitled "Petition Procedures for the Listing and Delisting of Hazardous Waste," provided by the Secretary.

(e) After receipt of a petition under this section, the Secretary may request any additional information which may be reasonably required to evaluate the petition.

(f) The Secretary shall evaluate each delisting petition using the procedures described in §7-216(b).

(g) When making a determination under this section, the Secretary shall examine and consider the factors in §7-216(c).

(h) Except as provided in §7-218, prior to making any determination under this section, the Secretary shall give notice to the Commissioner of Health and the Commissioner of Labor and may then receive advice and information on the health effects of such determination.

(a) The appropriate analytical and test methods to determine whether a representative sample exhibits a hazardous waste characteristic are specified in §§7-205 through 7-208.

(b) The appropriate analytical procedures to determine whether a representative sample contains a given toxic constituent are specified in chapter two ("Choosing the Correct Procedure") of EPA Publication SW-846 ("Test Methods for Evaluating Solid Waste Physical/Chemical Methods"), as incorporated by reference in subsection (d) of this section. Prior to final sampling and analysis method selection, the individual should consult the specific section or method described in SW-846 for additional guidance on which of the approved methods should be employed for a specific sample analysis situation.

(c) Representative Sampling Methods

The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. Samples collected using the sampling protocols listed in Appendix I to 40 CFR Part 261, for sampling waste with properties similar to the indicated materials, will be considered by the Agency to be representative of the waste.

(d) When used in 40 CFR Parts 260 through 270 or in these regulations, the publications listed in 40 CFR § 260.11 are hereby incorporated by reference.

(e) Any person seeking to add a sampling, analytical or test method to the methods referenced by this section shall petition the Administrator of EPA in accordance with 40 CFR §§ 260.20 and 260.21.

(a) The requirements of this subchapter apply to all hazardous waste generators and:

(b) Hazardous waste generators shall determine their generator category in accordance with §7-305. Very small quantity generators, small quantity generators and large quantity generators of hazardous waste shall comply with the requirements applicable to their generator category as specified under §§7-306 through 7-308.

Note: A very small quantity generator may choose to comply with more stringent requirements applicable to small or large quantity generators, and a small quantity generator may choose to comply with more stringent requirements applicable to large quantity generators.

(c) A generator that stores hazardous waste is subject to the applicable requirements of Subchapter 5, unless it is one of the following:

(d) Persons responding to an explosives or munitions emergency.

(e) All reverse distributors (as defined in §7-1001) are subject to the requirements of subchapter 10 for the management of hazardous waste pharmaceuticals in lieu of this subchapter.

(f) Each healthcare facility (as defined in §7-1001) must determine whether it is subject to subchapter 10 for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). Very small quantity, small quantity and large quantity generators are subject to subchapter 10 as follows:

(g) Any person who exports or imports hazardous wastes must comply with §7-304(b) and the requirements for Transboundary Movements of Hazardous Waste for Recovery and Disposal (incorporated by reference through §7-109(b)(5) of these regulations).

(a) Disposal of hazardous waste by evaporation.

(b) Dilution of hazardous waste subject to the land disposal restrictions of 40 CFR Part 268 is prohibited pursuant to 40 CFR § 268.3 (incorporated by reference through §7-106 of these regulations).

(c) The release of hazardous material into the surface or groundwater, or onto the land of the state is prohibited pursuant to 10 V.S.A. § 6616.

(d) The placement of hazardous waste in any landfill located in Vermont.

(e) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill. Prior to disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in 40 CFR §§ 264.314 and 265.314

(a) No generator shall treat, recycle, store, dispose of, transport, or offer for transportation, hazardous waste without having obtained a permanent EPA identification number by notifying the Secretary using the Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) in accordance with §7-104. As specified under §7-104, the Secretary may issue a temporary identification number to persons who have generated hazardous waste only from an episodic event.

(b) In accordance with §7-104, a generator shall maintain an up-to-date Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) on file with the Secretary that accurately describes current waste activity and waste generation. In addition:

(c) A recognized trader shall not arrange for import or export of hazardous waste without having received an EPA identification number from the Secretary .

(d) When completing a manifest, a generator shall use the EPA identification number that is assigned to the generator site at the time of shipment.

(e) All generators of hazardous waste shall register with the Secretary, renew the registration annually, and pay the hazardous waste generator registration fee specified in 3 V.S.A. § 2822. Initial registration shall be made by submitting a completed Hazardous Waste Handler Site Identification Form (EPA Form 8700-12)( see §7-104(a)) Annual renewal of the registration shall be accomplished by payment of the registration fee.

(a) Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:

(b) A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following:

(c) A generator who generates Vermont listed hazardous waste may average the amount of such waste generated over the six month period elapsed immediately prior to making its generator status determination. The generator shall add that average amount to the amount of other non-acute hazardous waste generated in the calendar month when determining its generator category.

(d) In determining the quantity of hazardous waste generated, a person shall count all hazardous wastes except:

(e) A generator is regulated as a very small quantity generator, small quantity generator, or large quantity generator based upon the types and quantities of hazardous waste produced or handled, and shall comply with the requirements applicable to its generator category.

(a) A generator is a very small quantity generator if that person generates less than:

(b) If a very small quantity generator generates or accumulates hazardous wastes in amounts exceeding the limits specified in subsection (a) of this section, that generator shall become a small quantity generator or a large quantity generator as determined under §7-305.

(c) A very small quantity generator is exempt from the requirements of these regulations except as provided for in subsections (c) (1) through (4) of this section:

(d) Laboratories owned by an eligible academic entity that chooses to be subject to the requirements of 40 CFR §§ 262.200 through 262.216 (Subpart K) are not subject to the requirements of subsection (c)(1)(A) of this section

(e) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with §7-312.

(a) A small quantity generator may accumulate hazardous waste on-site without a permit or interim status, and without complying with the requirements of subchapter 5 if that person meets the requirements of subsection (c) of this section and generates:

(b) If any person generates or accumulates hazardous wastes in amounts exceeding the limits specified in this section, that person becomes a large quantity generator and is subject to the requirements of §7-308.

(c) A small quantity generator must:

(d) Laboratories owned by an eligible academic entity that chooses to be subject to the requirements of 40 CFR §§ 262.200 through 262.216 (Subpart K) are not subject to the requirements of subsections (c)(1) and (c)(8) of this section

(e) A small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with §7-312.

(f) A small quantity generators may accumulate on-site hazardous waste received from very small quantity generators under control of the same person (as defined in §7-103) , without a storage permit or interim status and without complying with the requirements of subchapter 5, and the notification requirements of §7-104, provided that they comply with the following conditions. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to "control" such generators.

(a) A large quantity generator may accumulate hazardous waste on-site without a permit or interim status, and without complying with the requirements of subchapter 5 if that person meets the requirements of subsection (b) of this section and generates:

(b) A large quantity generator must:

(c) Laboratories owned by an eligible academic entity that chooses to be subject to the requirements of 40 CFR §§ 262.200 through 262.216 (Subpart K) are not subject to the requirements of subsections (b)(1) and (b)(8) of this section

(d) A large quantity generators may accumulate on-site hazardous waste received from very small quantity generators under control of the same person (as defined in §7-103) , without a storage permit or interim status and without complying with the requirements of subchapter 5, and the notification requirements of §7-104, provided that they comply with the following conditions.

"Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to "control" such generators.

(a) Preparedness and Prevention

Small and large quantity generator facilities must be maintained and operated to minimize the possibility of fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, groundwater, or surface water which could threaten human health or the environment.

(b) Offering Hazardous Waste for Transportation

(a) Satellite Accumulation of Hazardous Waste

Small and large quantity generators may accumulate as much as one cubic yard of non-liquid hazardous waste not defined as hazardous in 40 CFR Part 261 (i.e., waste regulated as hazardous by Vermont), one quart of acutely hazardous waste, or 55 gallons of any other hazardous waste in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without obtaining certification as a storage facility provided that:

(b) Accumulation of Hazardous Waste in a Short-Term Storage Area

Small and large quantity generators may accumulate as much as one cubic yard of non-liquid hazardous waste that is not defined as hazardous in 40 CFR Part 261 (i.e., waste regulated as hazardous by Vermont), one quart of acutely hazardous waste, or 55 gallons of any other hazardous waste in containers in a short-term storage area without obtaining certification as a storage facility provided that:

(c) Only one accumulation container per process line wastestream may be used under this section at any one time. That is, a particular process line wastestream may be accumulated under the provisions of either subsection (a) of this section or subsection (b) of this section, but not both.

(a) Short-Term Storage Area Design Standards

(b) Short-Term Storage Area Operating Standards

(c) Short-Term Storage Time Limit Extensions

A small or large quantity generator may be granted up to a thirty (30) day extension of the short-term storage time limits specified in §§7-307(c)(2) and 7-308(b)(2), at the discretion of the Secretary, if hazardous waste must remain on-site due to unforeseen temporary and uncontrollable circumstances.

(d) Inventory and Inspection

(e) Security

(f) Use and Management of Containers

(g) Use and Management of Tanks

(h) Use and Management of Drip Pads and Containment Buildings Small and large quantity generators placing hazardous wastes on drip pads or in containment buildings must comply with the requirements of §§262.16(b)(4) and (5), and 262.17(a)(3) and (4) as applicable.

(a) A very small quantity generator or small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided that the generator complies with the following requirements:

(b) Petition to manage one additional episodic event per calendar year.

(a) This subchapter establishes requirements for persons transporting hazardous waste within or through Vermont.

(b) This subchapter applies to:

(c) This subchapter does not apply to:

(d) Standards applicable to transportation of military munitions are specified under 40 CFR § 266.203.

(e) A transporter of hazardous waste shall comply with all applicable requirements of 49 CFR Parts 171 through 180.

(a) A transporter of hazardous waste must comply with the generator requirements of subchapter 3 if he or she:

(b) A transporter of hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal is subject to the applicable requirements of Subpart H of 40 CFR Part 262, including, but not limited to, 40 CFR § 262.83(d) and § 262.84(d) for movement documents.

(c) A transporter of hazardous waste shall comply with the applicable manifest, export and import, and reporting requirements of subchapter 7.

(d) In the event of a release or discharge of hazardous waste during transport, a transporter shall comply with the emergency action requirements of §7-105.

(a) Any transporter who owns or operates a transfer facility located in Vermont must:

(b) A transporter who stores manifested shipments of hazardous waste in containers meeting the packaging requirements of §7-309(b)(1)(A) at a transfer facility for a period of ten (10) days or less is not subject to regulation under subchapter 5 or 40 CFR Part 268 with respect to the storage of those wastes.

(c) If containers of hazardous waste are off-loaded from a transport vehicle for temporary storage (10 days or less) at a transfer facility, the transporter must ensure that:

(a) Remove hazardous waste from the container in which it was placed once it has been manifested and moved from the site of generation until it is accepted at the designated facility except:

(b) Transport or accept for transport hazardous wastes which are unlabeled or which are in damaged, bulging, leaking, unsuitable or otherwise unsafe containers; or

(c) Transport or accept for transport hazardous wastes which are incompatible with each other such that a danger to public health or safety or the environment could result from their being transported together.

(d) Accept hazardous waste from a small or large quantity generator unless it is accompanied by a manifest signed in accordance with the provisions of §7-702. In the case of exports:

(e) Dilute any hazardous waste subject to the land disposal restrictions of 40 CFR Part 268, as prohibited under 40 CFR § 268.3 (incorporated by reference through §7-106 of these regulations).

(f) Release hazardous material into the surface or groundwater, or onto the land of the state in violation of 10 V.S.A. § 6616.

(a) With the exception of those persons and activities specified under §7-401(c), no person shall transport any hazardous waste or used oil within Vermont without first obtaining a permit to do so from the Secretary, as required under 10 V.S.A. § 6607a.

(b) Any transporter who is required to obtain a permit shall complete, sign, and submit a Vermont Waste Transporter Vehicle Report Form and a Supplemental Application for Hazardous Waste Transporters to the Secretary

(c) Disclosure statement

(d) Any transporter who is required to obtain a permit under this section shall:

(e) Waste transportation permits shall have a duration of five years.

(a) The Secretary may modify any transporter permit upon his or her own motion or upon the receipt of a written request for modification that contains facts and reasons supporting the request. If the Secretary determines that modification is appropriate, only the conditions subject to modification are reopened. Cause for modification of a transporter's permit is:

(b) The Secretary may suspend or revoke any transporter permit or deny any application for a transporter permit upon his or her own motion or upon receipt of a written request for suspension, revocation, or denial which contains facts and reasons supporting the request. Cause for suspension, revocation or denial is:

(c) The Secretary shall provide written notice of modification, suspension, revocation, or denial, including the reasons for such actions, to the transporter involved. Any transporter who receives such notification shall have thirty days from the receipt of the notice to submit a written request for a hearing to the Secretary. If requested, the Secretary shall provide an opportunity for a hearing. The submission of a request for a hearing does not stay the effective date of the Secretary 's decision.

(d) An appeal may be taken from a final decision on the approval or denial of a request for the modification of a permit.

(a) A generator who has an EPA identification number issued by the Secretary;

(b) Another transporter who at the time has a valid transporter permit from the Secretary;

(a) Permitted hazardous waste and used oil transporters must provide employee training to all persons who in the course of employment directly affect hazardous waste transportation safety. The training program shall be consistent with DOT employee training requirements of 49 CFR § 172.700. Such training, at a minimum, shall include:

(b) For each person required to be trained pursuant to subsection (a) of this section, a record of current training inclusive of the preceding three (3) years shall be kept on file by the transporter while these individuals are employed by the transporter, and for 90 days after these individuals cease being employed by the transporter. This period shall be extended automatically for the duration of any unresolved enforcement action, or as ordered by the Secretary. These records shall include the following:

(a) All permitted hazardous waste transporters shall carry liability insurance, as required by U.S. DOT regulations, for sudden and accidental occurrences, exclusive of legal defense costs, for claims arising out of bodily injury and property damage from the hazardous waste transport operations of the transporter. Such insurance policy shall carry an approved DOT endorsement (Form MCS 90 - DOT) covering liability for accidents, including environmental restoration, bodily injury, and property damage.

(b) The insurance policy shall be maintained in full force at all times during the term of the permit.

(a) Telephone numbers of:

(b) A copy of the most recent edition of the North American Emergency Response Guidebook for hazardous materials published by DOT.

(c) All of the following equipment in good operating condition:

(a) This subchapter establishes requirements for the design, construction, operation, and maintenance of hazardous waste treatment, storage, and disposal facilities. This subchapter also describes the procedures for certification of hazardous waste facilities.

(b) The requirements of this subchapter apply to owners and operators of hazardous waste facilities including all facilities which treat, store, or dispose of hazardous wastes referred to in 40 CFR Part 268 (incorporated by reference through §7-106) .

(c) The requirements of this subchapter apply to any person who accepts, treats, stores, or disposes of hazardous waste unless the person or activity is exempted under §7-502.

(d) 40 CFR § 266.205 identifies when storage requirements, as incorporated by reference through §7-504(e)(1), apply to the storage of hazardous waste military munitions. The treatment and disposal of hazardous waste military munitions are subject to the applicable provisions of subchapters 1 through 7 of these regulations.

(a) A resource recovery facility managing municipal solid waste provided:

(b) A totally enclosed treatment facility. A totally enclosed treatment facility is a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of hazardous waste or any constituent thereof into the environment during treatment.

(c) The owner or operator of an elementary neutralization unit or wastewater treatment unit as defined in §7-103 provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in 40 CFR § 268.40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the general requirements for ignitable, reactive, or incompatible wastes set out in 40 CFR § 264.17(b).

(d) Any person engaged in treatment or containment activities performed during and as a result of an emergency response to a release of hazardous material, provided that the person:

(e) The treatment of hazardous waste by mixing absorbent material with containerized hazardous waste provided:

(f) A solid waste management facility that accepts hazardous waste only from conditionally exempt generators provided the facility is certified by the Secretary to accept such waste.

(g) Generators who store hazardous waste on-site in compliance with the requirements of §§7-306, 7-307, 7-308 and 7-310

(h) Farmers who dispose of hazardous waste pesticides from their own use as provided in §7-203(r) of these regulations.

(i) Transporters storing manifested shipments of hazardous waste at a transfer facility for a period of ten days or less and in accordance with §7-404.

(j) Universal waste handlers and universal waste transporters managing the wastes listed below. Universal waste handlers and universal waste transporters are subject to regulation under subchapter 9 of these regulations.

(k) Facilities that recycle hazardous waste in accordance with the standards of subchapter 6 and as follows:

(l) Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in §7-1001. Reverse distributors are subject to regulation under Subchapter 10 of these regulations in lieu of this part for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

(m) Oil-water separators provided:

(n) Facilities conducting site investigation and/or corrective action pursuant to §7-105(b) of these regulations may be exempted by the Secretary from the permitting (but not the substantive) requirements of this subchapter, to the extent allowed under federal regulations incorporated by reference in this chapter.

(o) Treatment of hazardous waste in containers or tanks by generators provided:

(p) A person engaged in treatment or containment activities during immediate response to an immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in §7-103 of these regulations. An owner or operator of a facility otherwise regulated by this subchapter must comply with all applicable requirements of 40 CFR Part 264 subparts C and D. In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.

(q) A facility that meets either small or large quantity generator standards and that accepts hazardous waste from a very small quantity generator pursuant to §7-306(c)(2)(D).

(a) Notwithstanding any other section of these regulations, in the event the Secretary finds an imminent and substantial endangerment to human health or the environment, the Secretary may issue a temporary emergency certification to an uncertified facility to allow the treatment, storage, or disposal of hazardous waste or to a certified facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective certification.

(b) This emergency certification:

(a) Except for the facilities and activities excluded under §7-502, certification from the Secretary is required to treat, store, dispose, or accept any hazardous waste as identified or listed under subchapter 2 of these regulations.

Note: The terms "treatment", "storage", "disposal", and "hazardous waste" are defined in §7-103.

(b) Certificate of Need

(c) Disclosure Statement

(d) No person shall initiate construction of a hazardous waste treatment, storage, or disposal facility without first applying for and receiving certification for such facility in accordance with §§7-505 and 7-506 of these regulations. In addition, any hazardous waste treatment, storage or disposal facility that was in existence on November 19, 1980, or any facility that treats, stores or disposes of a material that has been newly defined or listed as a Vermont or federal hazardous waste, must apply for interim certification in accordance with §7-510 of these regulations.

(e) Every hazardous waste treatment, storage, or disposal facility issued a certification under the provisions of this subchapter shall, at a minimum, be designed, constructed, operated, and maintained in accordance with all applicable requirements of:

(f) Certification is required during the active life (including the closure period) of all hazardous waste management units. Owners and operators of landfills, surface impoundments, land treatment units, and waste pile units must have post-closure permits (i.e., certification) as specified in 40 CFR § 270.1(c).

(g) Certification shall be for a period not to exceed ten (10) years. Each certification for a land disposal facility shall be reviewed by the Secretary five years after the date of certification issuance or reissuance and shall be modified, if necessary, as provided in §7-507.

(h) Continuation of Expiring Certificates

(i) A certification may be transferred by the permittee to a new owner or operator under the provisions of 40 CFR § 270.40.

(j) For the purposes of construing 40 CFR Parts 260 through 270, a person who receives certification (i.e., the certificate holder) under this chapter shall also be known as the permittee.

(k) In lieu of the negative assurance required by 40 CFR § 264.143(f)(3)(iii)(B), the Secretary shall accept a certified public accountant's report describing the procedures performed and related findings, including whether or not there were discrepancies found in the comparison.

(a) Any person who is required to obtain or renew certification under §7-504 shall sign and submit an application for certification to the Secretary. When a facility is owned by one person but is operated by another person, it is the operator's duty to obtain certification except that the owner must also sign any documents submitted for the purpose of applying for certification.

(b) At the time of application, the applicant must:

(c) An application for certification may be submitted in narrative form. Each application for certification must be signed in accordance with §7-108, and must contain all applicable information required under 40 CFR §§ 270.10(j), 270.13 (Part A) and 270.14 through 270.28 (Part B).

(d) In addition to the requirements of subsection (c) of this section, each application for a hazardous waste land treatment or disposal facility shall include, but not be limited to, the following information:

(e) Technical data that are required to be submitted in an application, including design drawings, specifications and engineering studies, shall be certified by a professional engineer registered in Vermont.

(f) The Secretary shall not issue a draft certification until the applicant has fully complied to the Secretary 's satisfaction with the specific application requirements for the type of facility involved, unless the only information not submitted is the information required for exposure assessments for surface impoundments or landfills.

(g) Applicants shall keep records of all data used to complete certification applications and any supplemental information submitted to the Secretary for a period of at least three (3) years from the date the application is signed.

(a) Upon completing review of each application for certification under §7-505, the Secretary shall either issue a draft certificate or deny certification. The Secretary shall prepare a written justification for any certification that has been denied and give public notice of the decision to deny.

(b) Each draft and final certificate shall contain:

(c) As necessary, the Secretary shall consult with the Commissioner of the Vermont Department of Health and the Commissioner of the Vermont Department of Labor to avoid conflicts of the standards and conditions of any draft certification with requirements that may be imposed under 18 V.S.A. chapter 28 or any other applicable state safety or health regulation.

(d) A fact sheet shall be compiled for every draft certificate prepared by the Secretary. The fact sheet shall briefly set forth the significant factual, legal, methodological, and policy questions considered in preparing the draft certificate. In addition, the fact sheet shall include the information described in 40 CFR § 124.8(b).

(e) For preparing a draft certificate, the record shall consist of: the application, if required, and any supporting data furnished by the applicant; the draft certificate or notice of intent to deny the application or to revoke the certificate; the fact sheet; all documents cited in the fact sheet; and other documents contained in the supporting file for the draft certificate.

(f) Public Notice

(g) Copies of the fact sheet, draft certificate and written notice shall be sent to the applicant, the town in which the facility is located or proposed to be located, any other Agency or subdivision thereof which has issued or may be requested to issue a permit or certificate for the facility, the U.S. Environmental Protection Agency, and any other appropriate government authorities. Copies of the fact sheet, draft certificate and notice shall also be made available to any other interested party.

(h) Prior to the issuance of each final certificate, the Secretary shall consider all comments raised during the public comment period and prepare a response to comments which specifies:

(i) An appeal may be taken from a final decision on the issuance or denial of a certificate.

(a) Based upon information received (e.g., findings of a facility inspection, or information submitted by the certificate holder), the Secretary may determine whether one or more of the causes listed in subsection (e) of this section to modify a certification exist. If cause exists, the Secretary may modify the certification accordingly, and may request an updated application if necessary.

(b) When a certification is modified, only the conditions subject to modification shall be reopened.

(c) Suitability of the facility location shall not be considered at the time of modification unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time when the certification was issued.

(d) If cause does not exist under this section, the Secretary shall not modify the certification, unless the modification is at the request of the certificate holder.

(e) The following are causes for modification of a certification:

(f) Modification Procedures

(g) An appeal may be taken from a final decision on the approval or denial of a request for the modification of a certificate.

(a) Based upon information received (e.g., findings of a facility inspection, or information submitted by the certificate holder), the Secretary may determine whether one or more of the causes listed in subsection (e) of this section to revoke and reissue a certification exist. If cause exists, the Secretary may revoke and reissue the certification accordingly, and may request an updated application if necessary.

(b) If a certification is revoked and reissued, the entire certification is reopened and subject to revision and the certification is reissued for a new term. (See 40 CFR § 124.5(c)(2))

(c) Suitability of the facility location shall not be considered at the time of revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown or which did not exist at the time when the certification was issued.

(d) If cause does not exist under this section, the Secretary shall not revoke and reissue a certification, except at the request of the certificate holder.

(e) The following are causes for revocation and reissuance of a certification:

(f) The causes for modification listed under §§7-507(e)(1) through (4) may be causes for revocation and reissuance of a certification when the certificate holder requests or agrees.

(a) Voluntary Termination of Certifications

The Secretary may terminate a certification upon request of the certificate holder provided the certificate holder:

(b) Involuntary Termination of Certifications

(a) The purpose of this section is to establish minimum standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(b) The standards of 40 CFR Part 265, Subpart S of 40 CFR Part 264, and this section apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under §3005(e) of RCRA and 40 CFR § 270.10 until either certification is made under this subchapter or until applicable Part 265 closure and postclosure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by RCRA §3010(a) and/or failed to file an application for certification as required by subsections (g) and (h) of this section. These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after the effective date of these regulations, except as specifically provided for in this subchapter or subchapter 2.

(c) All hazardous waste facilities which were in operation or under construction as of November 19, 1980, which have been in operation or under construction since that date, or which are currently operating or under construction without certification shall, at a minimum, be designed, constructed, operated and maintained in accordance with all applicable requirements of:

(d) In order for a facility to qualify for interim status, the owner or operator must submit a Hazardous Waste Handler Site Identification Form (EPA Form 8700-12), an application for interim certification that meets the requirements of subsection (g) of this section, and must otherwise meet the requirements of 40 CFR §§ 270.70 through 270.73

(e) The following hazardous wastes must not be managed at facilities subject to regulation under this section: EPA hazardous waste codes F020, F021, F022, F023, F026, or F027.

(f) The requirements of this section apply to owners and operators of all facilities which treat, store or dispose of hazardous waste subject to the land disposal restrictions of 40 CFR Part 268 incorporated by reference under §7-106.

(g) Owners and operators of hazardous waste management facilities in existence on November 19, 1980 must submit an application for certification or interim certification as required by 40 CFR § 270.10(e). Any person applying for interim certification under this section shall submit a document, signed in accordance with §7-108, that provides the information required by 40 CFR § 270.13. This document shall be submitted in accordance with the requirements of 40 CFR § 270.10(e).

(h)

(i) In lieu of the negative assurance required by 40 CFR § 265.143(e)(3)(iii)(B), the Secretary shall accept a certified public accountant's report describing the procedures performed and related findings, including whether or not there were discrepancies found in the comparison.

(a) The Secretary may issue a certificate for a hazardous waste incinerator in accordance with 40 CFR § 270.62.

(b) The Secretary may issue a certificate for using field tests or laboratory analyses for a land treatment demonstration in accordance with 40 CFR § 270.63.

(c) The Secretary may issue a research, development, and demonstration certificate for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which certification standards for such experimental activity have not been promulgated under 40 CFR Part 264 or 266. Any such certificate shall include such terms and conditions as will assure protection of human health and the environment. Such certificates shall meet the requirements of 40 CFR § 270.65.

(d) The Secretary may issue a certificate for hazardous waste boilers and industrial furnaces in accordance with 40 CFR § 270.66.

(a) A hazardous waste is used or reused if it is:

(b) A hazardous waste is reclaimed if it is processed to recover the hazardous component of the waste as a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

(a) Definitions for the terms: "designated facility," "discarded," "reclaimed," "staging," and "used or reused" are provided in § 7103.

(b) Exemptions for certain hazardous wastes that are recycled are provided in §7-204.

(c) Subsections (3) and (4) of §7-305(a) specify how on-site recycled waste is counted toward generator category.

(d) Exemptions for certain recycling activities, from subchapter 5 certification requirements, are provided in §7-502(k).

(a) Any residual material resulting from a recycling process must be evaluated in accordance with §7-303 to determination whether it is subject to regulation as hazardous waste.

(b) Any facility that treats hazardous waste without recycling it, or that treats hazardous waste prior to recycling it, is subject to regulation under subchapter 5.

Note: Generators that treat hazardous waste in containers or tanks, and comply with §7-502(0), are exempt from regulation under subchapter 5.

(c) Owners or operators of facilities otherwise subject to subchapter 5 certification requirements are subject to the requirements of Subparts AA, BB and CC of 40 CFR Part 264 or 265 for hazardous waste management units that recycle hazardous wastes.

(d) Hazardous waste that is exported or imported for purpose of recovery is subj ect to the requirements of 40 CFR Part 262, Subpart H

(a) Hazardous waste that is recycled on-site by the generator of the waste, must be managed in accordance with:

(b) Generators that recycle their own hazardous waste on-site according to subsection (a) of this section are not subject to certification under subchapter 5 (refer to §7-502(k)) for the recycling process.

(c) Generators shipping hazardous waste off-site for recycling shall ship such waste to:

(a) Owners or operators of facilities that receive recyclable materials, stage such materials for no more than three consecutive calendar days, and recycle them without storing them before they are recycled are subject to:

(b) Owners or operators of facilities that store recyclable materials before they are recycled are subject to §7-604 and all applicable provisions of subchapters 1, 2, 3, 5 and 7 of these regulations.

(a) The Secretary may, on a case by case basis, exempt from part or all of the regulations, a waste generated by a particular generator, transported by a particular transporter, or treated or stored by a particular facility if the waste is legitimately recycled provided that:

(b) Any person seeking an exemption under this section shall apply to the Secretary using the Exemption Procedures for the Recycle and Reuse of Hazardous Waste Form.

(c) Any generator or facility whose waste is exempted under this section shall comply with those additional management standards and requirements that the Secretary, after an examination of the factors listed in §7-216(c), deems necessary to protect human health and the environment.

(d) Recycle/Reuse exemptions shall be issued for a period not to exceed five (5) years.

(e) If the holder of a Recycle/Reuse exemption has submitted an administratively complete application to renew the exemption at least 30 calendar days prior to expiration of the effective exemption and the Secretary, through no fault of the Recycle/Reuse exemption holder, does not issue a new exemption with an effective date prior to the expiration date of the previous exemption, the conditions of the expired exemption continue in force until either:

(f) Any Recycle/Reuse exemption without a durational requirement shall expire on July 1, 2013.

(a) This subchapter establishes requirements for the use of manifests by hazardous waste generators, transporters, and treatment, storage and disposal facilities to track the movement of hazardous waste from the point of generation to any intermediate points and finally to its ultimate point of disposition. This subchapter also establishes requirements for reporting by generators, transporters and treatment, storage, and disposal facilities. Other reporting requirements for treatment, storage, and disposal facilities are specified in subchapter 5.

(b) Applicability of electronic manifest system and user fee requirements to facilities receiving state -only regulated waste shipments.

(c) Availability of information; confidentiality of information

(a)

(b) Any generator who transports or offers for transport hazardous waste to a designated facility using a manifest shall:

(c) The manifest requirements of this section do not apply to:

(a) Unless otherwise specified in these regulations, a transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A) signed in accordance with the requirements of §7-702(b)(4) through (6), or is provided with an electronic manifest that is obtained, completed, transmitted, and signed with a valid and enforceable electronic signature in accordance with §7-702(a)(2)(B).

(b) For exports of hazardous waste subject to the requirements of Subpart H of 40 CFR Part 262 (Transboundary Movements of Hazardous Waste for Recovery Within OECD), a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this section, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR § 262.83(d).

(c) Use of the Electronic Manifest System

(d) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

(e) The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 40 CFR 262.83(d) also accompanies the hazardous waste. In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 40 CFR 262.84(d) also accompanies the hazardous waste.

(f) A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

(g) A transporter transporting hazardous waste from a small quantity generator who generates greater than or equal to 220 pounds (100 kilograms) but less than 2,200 pounds (1,000 kilograms) of hazardous waste in a calendar month need not comply with the requirements of §7-703 when:

(h) A water (bulk shipment) transporter need not comply with §§7-703(e), (f) and (i) provided the transporter complies with 40 CFR § 263.20(e).

(i) For shipments involving rail transportation, the requirements of §§7-703(e), (f) and (h) do not apply provided the shipment complies with 40 CFR § 263.20(f).

(j) Transporters who transport hazardous waste out of the United states must:

(k) Compliance with the manifest

(l) Recordkeeping

(a) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in subsection (b) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

(b) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(c) If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:

(d) Use of the Electronic Manifest System

(e) The owner or operator of a facility receiving hazardous waste subject to 40 CFR Part 262, subpart H from a foreign source must:

(f) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or his agent, shall comply with 40 CFR § 264.71(b) or 40 CFR §265.71(b), as applicable.

(g) As per 40 CFR § 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment subject to 40 CFR Part 262, Subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste respectively; and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. The original copy of the movement document must be maintained at the facility for at least three (3) years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that copies are readily available for viewing and production if requested by any EPA or authorized state inspector. No owner or operator of a facility may be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system, for which the owner or operator of a facility bears no responsibility.

(h) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated by Vermont) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

(i) Manifest discrepancies

(j) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described by 40 CFR § 263.20(e) for water (bulk shipment) transporters, and if the waste is not excluded from the manifest requirement, then the owner or operator must prepare and submit a letter to the Secretary within 15 days after receiving the waste. The unmanifested waste report must contain the following information:

(a) Each generator who does not receive a completed copy of the manifest

(b) Each generator who does not receive a completed copy of the manifest from the designated facility within 45 days of the initial shipment must immediately submit an exception report to the Secretary. The report must include a legible copy of the manifest and a cover letter signed by the generator or his or her authorized representative explaining the efforts taken to locate the waste and results of those efforts.

(c) Each generator who submits an exception report under subsection (b) of this section shall keep a copy of each submitted report for at least three (3) years from the due date of the report.

(d) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 CFR §§ 264.72(e)(1) through (6) or 40 CFR §§265.72(e)(1) through (6)) , the generator must comply with the requirements of subsection (a) or (b) of this section, as applicable, for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of subsections (a) or (b) of this section for a shipment forwarding such waste to an alternate facility by a designated facility:

(a) Biennial report for large quantity generators:

(b) The owner or operator of each designated facility must complete and submit EPA Form 8700-13 A/B to the Secretary by March 1 of the following even numbered year and must cover activities during the previous year.

(c) Every large quantity generator and designated facility shall keep a copy of each biennial report for at least three (3) years from the due date of the report.

(a) Directs a shipment of off-specification used oil from their facility to a used oil burner; or

(b) With the exception of used oil generators, and transporters who transport used oil received only from generators, any person who first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Table 1 of §7-812(c).

"Off-specification used oil" is used oil that exceeds any maximum allowable level or that does not meet any minimum allowable level listed in Table 1 of §7-812(c).

"Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the used oil fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

"Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

"Small fuel burning equipment" means fuel burning equipment with a maximum operating heat input equal to or less than 500,000 BTU per hour.

"Specification used oil" is any used oil that does not exceed any maximum allowable level, and meets the minimum allowable levels listed in Table 1 of §7-812(c).

"Used Oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. Used oil does not include materials refined from crude oil that are fuels (e.g., gasoline, jet fuel and diesel fuel), or materials refined from crude oil that are used as cleaning agents or solvents (e.g., naphtha or mineral spirits); these materials are subject to regulation under subchapters 1 through 7, as applicable.

"Used Oil Aggregation Point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept do-it-yourselfer generated used oil.

"Used Oil Collection Facility" means any facility or site that accepts/aggregates and stores used oil collected from used oil generators who bring used oil to the collection facility in shipments of no more than 55 gallons. Used oil collection facilities may also accept used oil from do-it-yourselfers.

"Used Oil Fuel" means used oil shown to meet the Table 1 specifications in accordance with §7-812(c) and that is burned for energy recovery.

"Used Oil Generator" means any person, by site, whose act or process produces used oil that is not "do-it-yourselfer used oil" or whose act first causes used oil to become subject to regulation.

"Used Oil Handler" means any person subject to §§7-807 through 7-813 of this subchapter.

"Used Oil Processor" means a facility that processes used oil.

"Used Oil Transfer Facility" means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation. Transfer facilities that store used oil for more than 35 days are subject to the used oil processor requirements of §7-813.

"Used Oil Transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities.

"Vaporizing Used-Oil Burning Equipment" means any equipment which generates heat by the introduction of fuel onto a heated device to produce vapors which are then burned for heat recovery.

(a) The mixing of hazardous wastes with used oil, with the exception that used oil may be mixed with waste that is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resultant mixture does not exhibit the characteristic of ignitability;

(b) The use of any used oil for road oiling or dust suppression;

(c) Burning off-specification used oil in small fuel burning equipment;

(d) Burning used oil for firefighter training;

(e) Burning used oil for energy recovery in any food product processing unless approved by the Secretary in writing;

(f) The sale or use of vaporizing used-oil burning equipment;

(g) Management of used oil in anything other than containers or tanks as specified under §7-806 unless the units are subject to regulation under subchapter 5 of these regulations;

(h) Pursuant to 10 V.S.A. § 6621a, the knowing disposal of used oil in a solid waste landfill; and

(i) Pursuant to 10 V.S.A. § 6616, the release of hazardous material (including used oil) into the surface or groundwater, or onto the land of the state.

(a) Do-it-yourselfers who produce used oil (specification or off-specification) are exempt from the provisions of this subchapter. Once do-it-yourselfer used oil is accepted by a used oil aggregation point, collection facility, marketer, burner, or processor, the used oil is subject to regulation under this subchapter.

(b) Used oil generated from normal shipboard operations, aboard vessels at sea, lake, or river or at port, is considered to be generated at the time it is transported ashore and is not subject to the requirements of this subchapter until the time it is transported ashore. The owner or operator of the vessel and the person(s) removing or accepting used oil from the vessel are cogenerators of the used oil and are both responsible for managing the oil in compliance with the requirements of this subchapter once the used oil is transported ashore. The co-generators may decide among them which party will fulfill the requirements of this subchapter.

(c) Farmers who, in a calendar year, generate an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm are not subject to the requirements of this subchapter.

(d) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to the requirements of this subchapter.

(e) Wastewater, the discharge of which is subject to regulation under either § 402 or §307(b) of the Clean Water Act (including wastewaters at facilities which have eliminated the discharge of wastewater), contaminated with de minimis quantities of used oil is not subject to the requirements of this subchapter. For purposes of this paragraph, "de minimis" quantities of used oils are defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment, during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases, and will not apply to used oil recovered from wastewaters.

(f) Used oil that is to be burned for energy recovery (i.e., "used oil fuel") in small fuel burning equipment is exempt from the provisions of this subchapter provided:

(a) Used oil drained, separated, or removed from materials containing or otherwise contaminated with used oil may be managed as used oil under this subchapter.

(b) Materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material are not used oil, and are subject to the hazardous waste determination requirement of §7-303.

Note: These materials may be subject to regulation as hazardous waste if the criteria for the VT02 hazardous waste code listed under §7-211 are met and/or they exhibit a hazardous characteristic.

(c) Mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under this subchapter.

(d) Used oil that contains PCBs at any concentration less than 50 parts per million may be managed as used oil under this subchapter unless, because of dilution, it is regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 parts per million or greater. Used oil containing PCBs at concentrations equal to or greater than 50 parts per million is subject to regulation both as hazardous waste under §7-211 /VT01 (unless it is exempt pursuant to §7-203(t)) , and under 40 CFR Part 761. No person may avoid these provisions by diluting used oil containing PCBs, unless otherwise specifically provided for in this subchapter or 40 CFR Part 761. PCB-containing used oil subject to the requirements of this subchapter may also be subject to the prohibitions and requirements found at 40 CFR Part 761, including 40 CFR §§ 761.20(d) and (e).

(e) Materials derived from used oil.

(f) Rebuttable presumption

(a) Used oil shall be stored only in containers or tanks as specified by subsections (b) through (d) of this section.

(b) Containers holding used oil shall be managed as follows:

(c) Underground storage tanks (USTs) holding used oil shall be managed as follows:

(d) Above-ground storage tanks (including unregistered tank trailers) holding used oil shall be:

(e) Response to a Release of Used Oil

(f) Used oil handlers are subject to all applicable Spill Prevention, Control and Countermeasure requirements of 40 CFR Part 112.

(g) Disposal of Used Oil

The following requirements apply to used oils that cannot be processed or burned for energy recovery and therefore must be disposed of:

(a) This section applies to all used oil generators as defined under §7-802 of this subchapter.

(b) Used oil generators shall comply with the general standards set forth under §7-806, and the following, as applicable:

(c) Except as provided in subsections (d) and (e) of this section, used oil generators must ensure that their used oil is transported only by transporters who are permitted according to the requirements of §7-811(b)(2).

(d) A used oil generator may transport used oil that is either generated at the used oil generator's site or collected from household do-it-yourselfers to a used oil collection facility or an aggregation point without complying with the transporter requirements of §7811, provided that:

(e) Tolling arrangements

A used oil generator may arrange for used oil to be transported by a transporter without an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor to the generator for use as a lubricant, cutting oil, or coolant. The contract (known as a "tolling arrangement") must indicate:

(f) Used oil generators who transport more than 55 gallons of used oil at one time must comply with the transporter requirements of §7-811.

(g) Except as provided in subsections (g)(1)(A) through (E) of this section, used oil generators who process used oil shall comply with the requirements of §7-813.

(h) Used oil generators who provide used oil or used oil fuel to an off-site facility shall retain records which document the amount of used oil or used oil fuel provided, the date of each shipment, and the name, address, and telephone number of the facility to which the used oil or used oil fuel was provided for a period of three years.

(a) This section applies to owners or operators of used oil aggregation points as defined under §7-802 of this subchapter.

(b) Owners or operators of used oil aggregation points shall comply with the generator standards set forth under §7-807 of this subchapter.

(a) This section applies to marketers as defined under §7-802.

(b) Persons who market used oil fuel shall notify the Secretary of such activity and obtain an EPA identification number using a Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) pursuant to the requirements of §7-104.

(c) Marketers initiating or accepting a shipment of used oil fuel must maintain the following records for a minimum of three years:

(d) A marketer who stores used oil fuel shall manage his or her facility in accordance with the general standards set forth under §7-806.

(e) Marketers shall comply with the following, as applicable:

(f) Off-specification used oil

(a) This section applies to owners or operators of used oil collection facilities as defined under §7-802 of this subchapter.

(b) Persons who own or operate a used oil collection facility shall notify the Secretary of such activity and obtain an EPA identification number using a Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) pursuant to the requirements of §7-104 of these regulations.

(c) The owner or operator of a used oil collection facility shall manage such facility in accordance with the general standards set forth under §7-806, and the following, as applicable:

(d) Used oil collection facilities shall be equipped with a fire extinguisher or other fire-control equipment, and spill control equipment to assure containment of used oil in the event of a release.

(a) This section applies to used oil transporters as defined under §7-802 of this subchapter.

(b) With the exception of persons transporting used oil on-site, do-it-yourselfers, used oil generators self-transporting up to 55 gallons of used oil according to the provisions of §7-807(d), persons transporting used oil fuel, and persons transporting used oil pursuant to tolling agreements that meet the requirements of §7-807(e), persons transporting used oil shall comply with the following:

(c) Used oil transporters may consolidate or aggregate loads of used oil for the purposes of transportation but, with the following exceptions, may not process used oil unless the processor standards set forth under §7-813 are met.

(d) Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in §7805.

(e) Transporters who import used oil from abroad or export used oil outside of the United states are subject to the requirements of this section from the time the used oil enters and until the time it exits Vermont.

(f) Unless trucks previously used to transport hazardous waste are emptied as described in §7-203(j) of these regulations prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste.

(g) A used oil transporter shall deliver used oil to:

(h) Used oil transporters shall maintain, for a period of three years, an operating log that documents the following information for each used oil shipment made:

(i) Response to Releases of Used Oil during Transport

(j) A used oil transporter shall report to the Secretary as required by §7-406(d)(5).

(a) Any person burning used oil fuel for energy recovery in small fuel burning equipment is subject to the following:

(b) Any person burning or proposing to burn used oil fuel in fuel burning equipment other than small fuel burning equipment shall:

(c) Used Oil Fuel Specifications

(d) Any person burning off-specification used oil must comply with 40 CFR Part 279, Subpart G (Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery), and §§5-221(2), as applicable, of the Vermont Air Pollution Control Regulations.

(a) A used oil processor (as defined in §7-802) must comply with 40 CFR Part 279 Subpart F (Standards for Used Oil Processors and Re-Refiners).

(a) This subchapter establishes alternative management standards for certain batteries, pesticides, thermostats, PCB-containing fluorescent light ballasts, lamps, mercury-containing devices, cathode ray tubes, postconsumer paint, and aerosol cans that would otherwise have to be managed as hazardous waste. As allowed by §7-203(s), these "universal" hazardous wastes can be managed under the streamlined provisions of this subchapter in lieu of the hazardous waste management requirements set forth under subchapters 1 through 7. Specifically, this subchapter establishes standards for small and large quantity handlers, universal waste transporters, and destination facilities; it also provides a petition mechanism for amending these regulations to add a hazardous waste to the category of universal wastes.

(b) Persons managing the household wastes that are exempt under §7-203(a) and are also of the same type as the universal wastes described by §§7-902 through 7-910 may, at their option, manage them under the requirements of this subchapter. Persons who commingle the household wastes together with universal waste regulated under this subchapter must manage the commingled waste under the requirements of this subchapter.

(a) With the exception of the pesticides listed in subsection (b) of this section, the requirements of this subchapter apply to persons managing pesticides, as defined in §7-911, that are hazardous waste, and that meet one or more of the following conditions:

(b) The requirements of this subchapter do not apply to persons managing the following pesticides:

(c) Generation of waste pesticides

(a) The requirements of this subchapter apply to persons managing thermostats, as defined in §7-911, that are hazardous waste (due to exhibiting one or more of the hazardous waste characteristics identified by §§7-205 through 7-208) .

(b) Both used and unused thermostats become waste on the date the handler decides to discard them.

(a) The requirements of this subchapter apply to persons managing intact and non-leaking fluorescent light ballasts with small capacitors that contain PCBs (the terms "fluorescent light ballast", "PCB", and "small capacitor" are defined in §7-911) , and that are hazardous waste due to meeting the criteria of only the VT01 hazardous waste code identified in §7-211 of these regulations.

(b) Both used and unused PCB-containing fluorescent light ballasts become waste on the date the handler decides to discard them.

Note: Various PCB-containing devices (including leaking waste fluorescent light ballasts of any size) and the disposal of the potting material in ballasts with a concentration of PCBs over 50 parts per million are subject to federal regulation under TSCA (40 CFR Part 761).

(a) The requirements of this subchapter apply to persons managing lamps, as defined in §7-911, that are hazardous waste (due to exhibiting one or more of the hazardous waste characteristics identified by §§7-205 through 7-208) .

(b) Both used and unused lamps become waste on the date the handler decides to discard them.

(a) The requirements of this subchapter apply to persons managing mercury-containing devices, as defined in §7-911, that are hazardous waste (due to exhibiting one or more of the hazardous waste characteristics identified by §§7-205 through 7-208) .

(b) Both used and unused mercury-containing devices become waste on the date the handler decides to discard them.

(a) The requirements of this subchapter apply to persons managing CRTs, as defined in §7-911, that are hazardous waste (due to exhibiting one or more of the hazardous waste characteristics identified by §§7-205 through 7-208) .

(b) Both used and unused CRTs become waste on the date the handler decides to discard them.

(c) CRTs that have been collected, but still must be evaluated for reuse or repair (i.e., considered a commodity) are not waste provided:

(d) CRTs that have been evaluated under subsection (c) of this section become waste on the date the handler determines that they cannot be reused or repaired.

(a) The requirements of this subchapter apply to persons managing postconsumer paints, as defined in §7-911, that are hazardous waste (due to exhibiting one or more of the hazardous waste characteristics identified by §§7-205 through 7-208) .

(b) The requirements of this subchapter apply to postconsumer paint that is collected as part of a stewardship plan approved under 10 V.S.A. § 6680.

(c) Both used and unused postconsumer paints become waste on the date the handler decides to discard them.

(a) The requirements of this subchapter apply to persons managing aerosol cans, as defined in §7-911, except those listed in subsection (b) of this section.

(b) The requirements of this subchapter do not apply to persons managing the following types of aerosol cans:

(c) Generation of waste aerosol cans.

(a) Is a new animal drug under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 201(w); or

(b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or

(c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by subsections (a) or (b) of this definition.

"Postconsumer paint" means architectural paint and its containers not used and no longer wanted by a purchaser.

"Small quantity handler" means a universal waste handler who does not accumulate 5,000 kilograms (11,000 pounds) or more total of universal waste other than CRTs (batteries, pesticides, thermostats, ballasts, lamps, mercury-containing devices, postconsumer paint, or aerosol cans, calculated collectively), and who does not accumulate 36,288 kilograms (40 tons) or more of CRTs, at any time.

"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of §7-912(d)(3)(B).

"TSCA" means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.

(a) Batteries as described in §7-902;

(b) Pesticides as described in §7-903;

(c) Thermostats as described in §7-904;

(d) PCB-containing fluorescent light ballasts as described in §7-905;

(e) Lamps as described in §7-906;

(f) Mercury-containing devices as described in §7-907;

(g) Cathode ray tubes (CRTs) as described in §7-908;

(h) Postconsumer paint as described in §7-909; and

(i) Aerosol cans as described in §7-910.

(a) Means:

(b) Does not mean:

(a) Applicability

This section applies to small and large quantity handlers of universal waste as defined above.

(b) Prohibitions

Small and large quantity handlers of universal waste are:

(c) Notification

(d) Waste management

(e) Labeling and marking

Small and large quantity handlers must label and mark universal waste to identify its type as specified below:

(f) Accumulation time limits

(g) Employee training

Both small and large quantity handlers must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

(h) Response to releases

(i) Off-site shipments

(j) Tracking universal waste shipments

(k) Exports

(a) Applicability

This section applies to universal waste transporters (as defined in §7-911) .

(b) Prohibitions

A universal waste transporter is:

(c) Waste management

(d) Storage time limits

(e) Response to releases

(f) Off-site shipments

(g) Exports

A universal waste transporter transporting a shipment of universal waste to a foreign destination is subject to the requirements of 40 CFR Part 262, Subpart H.

(a) Applicability

(b) Off-site shipments.

(c) Tracking universal waste shipments

(a) A universal waste transporter is subject to the universal waste transporter requirements of §7-913.

(b) A universal waste handler is subject to the small or large quantity handler requirements of §7-912, as applicable.

(c) An owner or operator of a destination facility is subject to the destination facility requirements of §7-914.

(a) General

(b) Factors for petitions to include other wastes as universal wastes

(a) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(b) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

"Household waste pharmaceutical" means a pharmaceutical that is a waste, as defined in §7-103, but is excluded from being a hazardous waste under §7-203(a).

"Long-term care facility" means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

"Non-creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

"Non-hazardous waste pharmaceutical" means a pharmaceutical that is a waste, as defined in §7-103, and is not listed in §§7-210 through 7-215, and does not exhibit a characteristic identified in §§7-205 through 7-208.

"Non-pharmaceutical hazardous waste" means a waste, as defined in §7-103, that is listed in §§7-210 through 7-215, or exhibits one or more characteristics identified in §§7-205 through 7-208, but is not a pharmaceutical, as defined in this section.

"Pharmaceutical" means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR § 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

(a) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(b) Undispensed; and

(c) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

"Reverse distributor" means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, thirdparty logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

(a) A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its nonpharmaceutical hazardous waste, remains subject to §7-306 and is not subject to this subchapter, except for §§7-1006 and 7-1008 and the optional provisions of §7-1005.

(b) A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its nonpharmaceutical hazardous waste, has the option of complying with §7-1002(d) for the management of its hazardous waste pharmaceuticals as an alternative to complying with §7-306 and the optional provisions of §7-1005.

(c) A healthcare facility or reverse distributor remains subject to all applicable hazardous waste regulations with respect to the management of its non-pharmaceutical hazardous waste.

(d) With the exception of healthcare facilities identified in subsection (a) of this section, a healthcare facility is subject to the following in lieu of subchapters 3 through 5:

(e) A reverse distributor is subject to §§7-1006 through 7-1011 of this subchapter in lieu of subchapters 3 through 5 with respect to the management of hazardous waste pharmaceuticals.

(f) Hazardous waste pharmaceuticals generated or managed by entities other than healthcare facilities and reverse distributors (e.g., pharmaceutical manufacturers and reverse logistics centers) are not subject to this subchapter. Other generators are subject to Subchapter 3 for the generation and accumulation of hazardous wastes, including hazardous waste pharmaceuticals.

(g) The following are not subject to Subchapters 1 through 9, except as specified:

(a) Notification and withdrawal from this subchapter for healthcare facilities managing hazardous waste pharmaceuticals:

(b) A healthcare facility must ensure that all personnel that manage non-creditable hazardous waste pharmaceuticals are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.

(c) A healthcare facility that generates a waste that is a non-creditable pharmaceutical must determine whether that pharmaceutical is a hazardous waste pharmaceutical (i.e., it exhibits a characteristic identified in §§7-205 through 7-208 or is listed in §§7-210 through 7-215) in order to determine whether the waste is subject to this subchapter. A healthcare facility may choose to manage its non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals under this subchapter.

(d) Standards for containers used to accumulate non-creditable hazardous waste pharmaceuticals at healthcare facilities.

(e) A healthcare facility must label or clearly mark each container of non-creditable hazardous waste pharmaceuticals with the phrase "Hazardous Waste Pharmaceuticals."

(f) Maximum accumulation time for non-creditable hazardous waste pharmaceuticals at healthcare facilities.

(g) The non-creditable hazardous waste pharmaceuticals generated by a healthcare facility are subject to the land disposal restrictions of 40 CFR Part 268. A healthcare facility that generates non-creditable hazardous waste pharmaceuticals must comply with the land disposal restrictions in accordance with 40 CFR § 268.7(a) requirements, except that it is not required to identify the hazardous waste codes on the land disposal restrictions notification.

(h) A healthcare facility that sends a shipment of non-creditable hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of 40 CFR § 264.72 or 40 CFR §265.72 may accumulate the returned non-creditable hazardous waste pharmaceuticals on site for up to an additional 90 days provided the rejected or returned shipment is managed in accordance with subsections (d) and (e) of this section. Upon receipt of the returned shipment, the healthcare facility must:

(i) Reporting by healthcare facilities for non-creditable hazardous waste pharmaceuticals.

(j) Recordkeeping by healthcare facilities for non-creditable hazardous waste pharmaceuticals.

(k) A healthcare facility must immediately contain all spills of non-creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals in accordance with the requirements of this subchapter.

(l) A healthcare facility may accept non-creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator under §7-306, without a permit or without having interim status, provided the receiving healthcare facility:

(a) A healthcare facility that generates a waste that is a potentially creditable pharmaceutical must determine whether the potentially creditable pharmaceutical is a potentially creditable hazardous waste pharmaceutical (i.e., it is listed in §§7-210 through 7-215 or exhibits a characteristic identified in §§7-205 through 7-208) . A healthcare facility may choose to manage its potentially creditable non-hazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under this subchapter.

(b) A healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator under §7-306, without a permit or without having interim status, provided the receiving healthcare facility:

(c) Healthcare facilities are prohibited from sending hazardous wastes other than potentially creditable hazardous waste pharmaceuticals to a reverse distributor.

(d) Healthcare facilities are not subject to biennial reporting requirements under §7-708(a) with respect to potentially creditable hazardous waste pharmaceuticals managed under this subchapter.

(e) Recordkeeping by healthcare facilities

(f) A healthcare facility must immediately contain all spills of potentially creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals in accordance with this subchapter.

(a) A healthcare facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may send its potentially creditable hazardous waste pharmaceuticals to a reverse distributor.

(b) A healthcare facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may send its hazardous waste pharmaceuticals off-site to another healthcare facility, provided:

(c) A long-term care facility that is a very small quantity generator for both hazardous waste pharmaceuticals and nonpharmaceutical hazardous waste may dispose of its hazardous waste pharmaceuticals (excluding contaminated personal protective equipment or clean- up materials) in an on-site collection receptacle of an authorized collector (as defined by the Drug Enforcement Administration) that is registered with the Drug Enforcement Administration provided the contents are collected, stored, transported, destroyed and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances.

(d) A long-term care facility with 20 beds or fewer is presumed to be a very small quantity generator subject to §7-306 for both hazardous waste pharmaceuticals and non- pharmaceutical hazardous waste and not subject to this subchapter, except for §§71006 and 7-1008 and the other optional provisions of this section. The Secretary has the responsibility to demonstrate that a long-term care facility with 20 beds or fewer generates quantities of hazardous waste that are in excess of the very small quantity generator limits as defined in §7-103. A long-term care facility with more than 20 beds that operates as a very small quantity generator under §7-306 must demonstrate that it generates quantities of hazardous waste that are within the very small quantity generator limits as defined by §7-103.

(a) Provided the conditions of subsection (b) of this section are met, the following are exempt from 40 CFR Parts 262 through 273:

(b) Conditions for exemption. The hazardous waste pharmaceuticals must be:

(a) A stock bottle, dispensing bottle, vial, or ampule (not to exceed 1 liter or 10,000 pills); or a unit-dose container (e.g., a unitdose packet, cup, wrapper, blister pack, or delivery device) is considered empty and the residues are not regulated as hazardous waste provided the pharmaceuticals have been removed from the stock bottle, dispensing bottle, vial, ampule, or the unit-dose container using the practices commonly employed to remove materials from that type of container.

(b) A syringe is considered empty and the residues are not regulated as hazardous waste under this subchapter provided the contents have been removed by fully depressing the plunger of the syringe. If a syringe is not empty, the syringe must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical under this subchapter and any applicable federal, state, and local requirements for sharps containers and medical waste.

(c) An IV bag is considered empty and the residues are not regulated as hazardous waste provided the pharmaceuticals in the IV bag have been fully administered to a patient. If an IV bag is not empty, the IV bag must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical under this subchapter, unless the IV bag held non-acute hazardous waste pharmaceuticals and is empty as defined in §7-203(j)(1).

(d) Hazardous waste pharmaceuticals remaining in all other types of unused, partially administered, or fully administered containers must be managed as non-creditable hazardous waste pharmaceuticals under this subchapter, unless the container held non- acute hazardous waste pharmaceuticals and is empty as defined in §7-203(j)(1) or (2). This includes, but is not limited to, residues in inhalers, aerosol cans, nebulizers, tubes of ointments, gels, or creams.

(a) A healthcare facility must ship non-creditable hazardous waste pharmaceuticals and a reverse distributor must ship evaluated hazardous waste pharmaceuticals off-site to a designated facility (such as a permitted or interim status treatment, storage, or disposal facility) in compliance with:

(b) A healthcare facility or reverse distributor that exports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to 40 CFR Part 262 subpart H

(c) Any person that imports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to 40 CFR Part 262 subpart H. A healthcare facility or reverse distributor may not accept imported non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals unless they have a permit or interim status that allows them to accept hazardous waste from off site.

(a) A healthcare facility or a reverse distributor who transports or offers for transport potentially creditable hazardous waste pharmaceuticals off-site to a reverse distributor must comply with all applicable U.S. Department of Transportation regulations in 49 CFR Part 171 through 180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of hazardous material in 49 CFR § 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262. Because a potentially creditable hazardous waste pharmaceutical does not require a manifest, it is not considered hazardous waste under the Department of Transportation regulations.

(b) Upon receipt of each shipment of potentially creditable hazardous waste pharmaceuticals, the receiving reverse distributor must provide confirmation (paper or electronic) to the healthcare facility or reverse distributor that initiated the shipment that the shipment of potentially creditable hazardous waste pharmaceuticals has arrived at its destination and is under the custody and control of the reverse distributor.

(c) If a healthcare facility or reverse distributor initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor and does not receive delivery confirmation within 35 calendar days from the date that the shipment of potentially creditable hazardous waste pharmaceuticals was sent, the healthcare facility or reverse distributor that initiated the shipment must contact the carrier and the intended recipient (i.e., the reverse distributor) promptly to report that the delivery confirmation was not received and to determine the status of the potentially creditable hazardous waste pharmaceuticals.

(d) A healthcare facility or reverse distributor that sends potentially creditable hazardous waste pharmaceuticals to a foreign destination must comply with the applicable sections of 40 CFR Part 262 subpart H, except the manifesting requirement of 40 CFR § 262.83(c), in addition to subsections (a) through (c) of this section

(e) Any person that imports potentially creditable hazardous waste pharmaceuticals into the United states is subject to subsections (a) through (c) of this section in lieu of 40 CFR Part 262 subpart H. Immediately after the potentially creditable hazardous waste pharmaceuticals enter the United states, they are subject to all applicable requirements of this subchapter.