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Notes

40 C.F.R. §§ 262.209–262.212

4 sections in range

§262.209. Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.

40 C.F.R. § 262.209

(a)
Large quantity generators and small quantity generators— an eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to § 262.11, for unwanted material in any of the following areas:
(1)
In the laboratory before the unwanted material is removed from the laboratory, in accordance with § 262.210;
(2)
Within 4 calendar days of arriving at an on-site central accumulation area, in accordance with § 262.211; and
(3)
Within 4 calendar days of arriving at an on-site interim status or permitted treatment, storage or disposal facility, in accordance with § 262.212.
(b)
Very small quantity generators. An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to § 262.11(a) through (d), for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with § 262.210.
Notes, amendments, and revision history

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]

Source

Source: 73 FR 72954, Dec. 1, 2008, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g.

Source

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

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]

§262.210. Making the hazardous waste determination in the laboratory before the unwanted material is removed from the laboratory.

40 C.F.R. § 262.210

If an eligible academic entity makes the hazardous waste determination, pursuant to § 262.11, for unwanted material in the laboratory, it must comply with the following:
(a)
A trained professional must make the hazardous waste determination, pursuant to § 262.11(a) through (d), before the unwanted material is removed from the laboratory.
(b)
If an unwanted material is a hazardous waste, the eligible academic entity must:
(1)
Write the words “hazardous waste” on the container label that is affixed or attached to the container, before the hazardous waste may be removed from the laboratory; and
(2)
Write the appropriate hazardous waste code(s) on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste is transported off-site.
(3)
Count the hazardous waste toward the eligible academic entity's generator category, pursuant to § 262.13, in the calendar month that the hazardous waste determination was made.
(c)
A trained professional must accompany all hazardous waste that is transferred from the laboratory(ies) to an on-site central accumulation area or on-site interim status or permitted treatment, storage or disposal facility.
(d)
When hazardous waste is removed from the laboratory—
(1)
Large quantity generators and small quantity generators must ensure it is taken directly from the laboratory(ies) to an on-site central accumulation area, or on-site interim status or permitted treatment, storage or disposal facility, or transported off-site.
(2)
Very small quantity generators must ensure it is taken directly from the laboratory(ies) to any of the types of facilities listed in § 262.14.
(e)
An unwanted material that is a hazardous waste is subject to all applicable hazardous waste regulations when it is removed from the laboratory.
Notes, amendments, and revision history

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]

Source

Source: 73 FR 72954, Dec. 1, 2008, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g.

Source

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

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]

§262.211. Making the hazardous waste determination at an on-site central accumulation area.

40 C.F.R. § 262.211

If an eligible academic entity makes the hazardous waste determination, pursuant to § 262.11, for unwanted material at an on-site central accumulation area, it must comply with the following:
(a)
A trained professional must accompany all unwanted material that is transferred from the laboratory(ies) to an on-site central accumulation area.
(b)
All unwanted material removed from the laboratory(ies) must be taken directly from the laboratory(ies) to the on-site central accumulation area.
(c)
The unwanted material becomes subject to the generator accumulation regulations of § 262.16 for small quantity generators or § 262.17 for large quantity generators as soon as it arrives in the central accumulation area, except for the “hazardous waste” labeling conditions of § 262.16(b)(6) and § 262.17(a)(5).
(d)
A trained professional must determine, pursuant to § 262.11(a) through (d), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials' arrival at the on-site central accumulation area.
(e)
If the unwanted material is a hazardous waste, the eligible academic entity must:
(1)
Write the words “hazardous waste” on the container label that is affixed or attached to the container, within 4 calendar days of arriving at the on-site central accumulation area and before the hazardous waste may be removed from the on-site central accumulation area, and
(2)
Write the appropriate hazardous waste code(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed of on-site or transported off-site, and
(3)
Count the hazardous waste toward the eligible academic entity's generator category, pursuant to § 262.13 in the calendar month that the hazardous waste determination was made, and
(4)
Manage the hazardous waste according to all applicable hazardous waste regulations.
Notes, amendments, and revision history

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]

Source

Source: 73 FR 72954, Dec. 1, 2008, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g.

Source

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

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]

§262.212. Making the hazardous waste determination at an on-site interim status or permitted treatment, storage or disposal facility.

40 C.F.R. § 262.212

If an eligible academic entity makes the hazardous waste determination, pursuant to § 262.11, for unwanted material at an on-site interim status or permitted treatment, storage or disposal facility, it must comply with the following:
(a)
A trained professional must accompany all unwanted material that is transferred from the laboratory(ies) to an on-site interim status or permitted treatment, storage or disposal facility.
(b)
All unwanted material removed from the laboratory(ies) must be taken directly from the laboratory(ies) to the on-site interim status or permitted treatment, storage or disposal facility.
(c)
The unwanted material becomes subject to the terms of the eligible academic entity's hazardous waste permit or interim status as soon as it arrives in the on-site treatment, storage or disposal facility.
(d)
A trained professional must determine, pursuant to § 262.11(a) through (d), if the unwanted material is a hazardous waste within 4 calendar days of the unwanted materials' arrival at an on-site interim status or permitted treatment, storage, or disposal facility.
(e)
If the unwanted material is a hazardous waste, the eligible academic entity must:
(1)
Write the words “hazardous waste” on the container label that is affixed or attached to the container within 4 calendar days of arriving at the on-site interim status or permitted treatment, storage or disposal facility and before the hazardous waste may be removed from the on-site interim status or permitted treatment, storage or disposal facility, and
(2)
Write the appropriate hazardous waste code(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed on-site or transported off-site, and
(3)
Count the hazardous waste toward the eligible academic entity's generator status, pursuant to § 262.13 in the calendar month that the hazardous waste determination was made, and
(4)
Manage the hazardous waste according to all applicable hazardous waste regulations.
Notes, amendments, and revision history

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 75 FR 79308, Dec. 20, 2010; 81 FR 85820, Nov. 28, 2016; 88 FR 54111, Aug. 9, 2023]

Source

Source: 73 FR 72954, Dec. 1, 2008, unless otherwise noted.

Authority

Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g.

Source

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

Amendments

[73 FR 72954, Dec. 1, 2008, as amended at 75 FR 79308, Dec. 20, 2010; 81 FR 85820, Nov. 28, 2016; 88 FR 54111, Aug. 9, 2023]