DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air and Waste Management

Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C., Ch. 60)

7 DE Admin. Code 1302

PROPOSED

REGISTER NOTICE SAN # 2010-09

1302 Delaware Regulations Governing Hazardous Waste

1. TITLE OF THE REGULATIONS:

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

3. POSSIBLE TERMS OF THE AGENCY ACTION:

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

6. NOTICE OF PUBLIC COMMENT:

7. PREPARED BY:

1302 Delaware Regulations Governing Hazardous Waste

NOTE: For the purposes of this amendment package only those sections of the hazardous waste regulations shown herein are affected. The remaining sections of the Delaware Regulations Governing Hazardous Waste are not affected and are unchanged.

AMENDMENT 1: Export of batteries to OECD Countries

PART 262€”STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUSWASTE

§ 262.10 Purpose, scope, and applicability.

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§ 262.55 Exception reports.

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§ 262.58 International agreements.

Subpart H is replaced to read as follows:

Subpart H€”Transboundary Movements of Hazardous Waste for Recovery Within the OECD

Sec.

§ 262.80 Applicability.

§ 262.81 Definitions.

OECD means the Organization for Economic Cooperation and Development.

§ 262.82 General conditions.

When a transboundary movement of wastes subject to the Amber control procedures cannot be completed in accordance with the terms of the contract or the consent(s) and alternative arrangements cannot be made to recover the waste in an environmentally sound manner in the country of import, the waste must be returned to the country of export or re-exported to a third country. The provisions of paragraph (c) of this section apply to any shipments to be re-exported to a third country. The following provisions apply to shipments to be returned to the country of export as appropriate:

§ 262.83 Notification and consent.

§ 262.84 Movement document.

§ 262.85 Contracts.

§ 262.86 Provisions relating to recognized traders.

§ 262.87 Reporting and recordkeeping.

(i) A copy of each notification of intent to export and all written consents obtained from the competent authorities of countries concerned for a period of at least three (3) years from the date the hazardous waste was accepted by the initial transporter;

§ 262.88 Pre-approval for U.S. recovery facilities [Reserved].

§ 262.89 OECD waste lists.

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PART 263€”STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

§ 263.10 Scope.

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PART 264€”STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

§ 264.12 Required notices.

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§ 264.71 Use of manifest system.

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PART 265€”INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

§ 265.12 Required notices.

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§ 265.71 Use of manifest system.

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PART 266€”STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

In § 266.80(a) the table is revised to read as follows:

§ 266.80 Applicability and requirements.

(a) * * *

If your batteries * * *

And if you * * *

Then you * * *

And you * * *

(1) Will be reclaimed through regeneration (such as by electrolyte replacement).

 

are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 266, 268, 122, 124 of these regulations, and the notification requirements at sections 6306 and 6307 of Del.C., Chapter 63.

are subject to Parts 261 and 262.11 of these regulations.

(2) Will be reclaimed other than through regeneration.

generate, collect, and/or transport these batteries.

are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 266, 122, 124 of these regulations, and the notification requirements at sections 6306 and 6307 of Del.C., Chapter 63.

are subject to Parts 261 and 262.11, and applicable provisions under Part 268.

(3) Will be reclaimed other than through regeneration.

store these batteries but you aren't the reclaimer.

are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 266, 122, 124 of these regulations, and the provisions under notification requirements at sections 6306 and 6307 of Del. C., Chapter 63.

are subject to Parts 261, 262.11, and applicable Part 268.

(4) Will be reclaimed other than through regeneration.

store these batteries before you reclaim them.

must comply with §266.80(b) and as appropriate other regulatory provisions described in §266.80(b).

are subject to Parts 261, 262.11, and applicable provisions under Part 268.

(5) Will be reclaimed other than through regeneration.

don't store these batteries before you reclaim them.

are exempt from Parts 262 (except for § 262.11), 263, 264, 265, 266, 122, 124 of these regulations, and the notification requirements at sections 6306 and 6307 of Del.C., Chapter 63.

are subject to Parts 261, 262.11, and applicable provisions under Part 268.

(6) Will be reclaimed through regeneration or any other means.

export these batteries for reclamation in a foreign country.

are exempt from parts 263, 264, 265, 266, 268, 122, 124 of these regulations, and the notification requirements at sections 6306 and 6307 of Del.C., Chapter 63. You are also exempt from part 262, except for 262.11, and except for the applicable requirements in either: (1) part 262 subpart H; or (2) 262.53 €˜€˜Notification of Intent to Export, 262.56(a)(1) through (4)(6) and (b) €˜€˜Annual Reports,€™€™ and 262.57 €˜€˜Recordkeeping€™€™.

are subject to part 261 and § 262.11, and either must comply with part 262, subpart H (if shipping to one of the OECD countries specified in § 262.58(a)(1)), or must:

(a) Comply with the requirements applicable to a primary exporter in 262.53, 262.56(a) (1) through (4), (6), and (b) and 262.57; and

(b) Export these batteries only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in subpart E of part 262 of this chapter; and

(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.

(7) Will be reclaimed through regeneration or any other means.

Transport these batteries in the U.S. to export them for reclamation in a foreign country.

are exempt from parts 263, 264, 265, 266, 268, 122, 124 of these regulations, and the notification requirements at sections 6306 and 6307 of Del.C., Chapter 63.

must comply with applicable requirements in part 262, subpart H (if shipping to one of the OECD countries specified in 262.58(a)(1)), or must comply with the following:

(a) you may not accept a shipment if you know the shipment does not conform to the EPA Acknowledgment of Consent;

(b) you must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment; and

(c) you must ensure that the shipment is delivered to the facility designated by the person initiating the shipment.

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AMENDMENT 2: Uniform Manifest corrections

PART 262€”STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

§ 262.23 Use of the manifest.

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§ 262.42 Exception reporting.

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PART 264€”STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

§ 264.72 Manifest discrepancies.

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PART 265€”INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

§ 265.72 Manifest discrepancies.

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AMENDMENT 3a: Subsequent Notification clarification

Section 262.12 EPA Identification Numbers.

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AMENDMENT 3b: Exception Report clarification

Section 262.40 Recordkeeping.

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AMENDMENT 3c: 264/265.52(b) alignment

Section 264.52 Content of contingency plan.

AMENDMENT 3d: TSD Mail Manifest Copy to Generator State

Section 262.22 Number of copies.

The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.

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Section 264.71 Use of manifest system.

[Comment: The Department does not intend that the owner or operator of a facility whose procedures under §264.13(c) include waste analysis must perform that analysis before signing the manifest and giving it to the transporter. Section 264.72(b), however, requires reporting an unreconciled discrepancy discovered during later analysis.]

[Comment: The provision of §262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of §262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.]

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Section 265.71 Use of Manifest System.

(a) * * * * *

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AMENDMENT 3e: tank secondary containment coating and water stops

Section 265.193 Containment and detection of releases.

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Section 264.193 Containment and detection of releases.

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AMENDMENT 3f: Oil Records

Section 279.24 Off-site shipments.

14 DE Reg.384 (11/01/10) (Prop.)