§  262.10  Purpose, scope, and applicability.

(a) These regulations establish standards for generators of hazardous waste.

(b) 40 CFR 261.5(c) and (d) must be used to determine the applicability of provisions of this part that are dependent on calculations of the quantity of hazardous waste generated per month.

(c) A generator who treats, stores, or disposes of hazardous waste on-site must only comply with the following sections of this part with respect to that waste: Section 262.11 for determining whether or not he has a hazardous waste, §  262.12 for obtaining an EPA identification number, §  262.34 for accumulation of hazardous waste, §  262.40 (c) and (d) for recordkeeping, §  262.43 for additional reporting, and if applicable, §  262.70 for farmers.

(d) Any person who exports or imports hazardous waste subject to the Federal manifesting requirements of part 262, or subject to the universal waste management standards of 40 CFR Part 273, or subject to State requirements analogous to 40 CFR Part 273, to or from the countries listed in §  262.58(a)(1) for recovery must comply with subpart H of this part.

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this part.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of §  262.70 is not required to comply with other standards in this part or 40 CFR parts 270, 264, 265, or 268 with respect to such pesticides.

(g) A person who generates a hazardous waste as defined by 40 CFR part 261 is subject to the compliance requirements and penalties prescribed in section 3008 of the Act if he does not comply with the requirements of this part.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this part.

(i) Persons responding to an explosives or munitions emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to comply with the standards of this part.

(j) (1) Universities that are participating in the Laboratory XL project are the University of Massachusetts Boston in Boston, Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the University of Vermont in Burlington, Vermont ("Universities"). The Universities generate laboratory wastes (as defined in §  262.102), some of which will be hazardous wastes. As long as the Universities comply with all the requirements of subpart J of this part the Universities' laboratories that are participating in the University Laboratories XL Project as identified in Table 1 of this section, are not subject to the provisions of §§  262.11, 262.34(c), 40 CFR Parts 264 and 265, and the permit requirements of 40 CFR Part 270 with respect to said laboratory wastes.

                             Table 1--Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
                                         Approx.
              Institution               number of     Departments participating    Location of current hazardous
                                           labs                                       waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA.....        120  Chemistry, Biology, Geology,    Merkert Chemistry Building,
                                                    Physics, Psychology.            2609 Beacon St., Boston, MA,
                                                                                    Higgins Building, 140
                                                                                    Commonwealth Ave., Chestnut
                                                                                    Hill, MA.
University of Massachusetts Boston,           150  Chemistry, Biology,             Science Building (Bldg.
 Boston, MA.                                        Psychology, Anthropology,       ι080); McCormack
                                                    Geology and Earth Sciences,     Building (Bldg. #020); and
                                                    and Environmental, Coastal      Wheatley Building (Bldg.
                                                    and Ocean Sciences.             #010), 100 Morrissey Blvd.,
                                                                                    Boston, MA.
University of Vermont, Burlington, VT.        400  Colleges of: Agriculture and    Given Bunker, 89 Beaumont
                                                    Life Sciences, Arts and         Ave., Burlington, VT.
                                                    Sciences, Medicine, and
                                                    Engineering and Mathematics;
                                                    and Schools of: Nursing,
                                                    Allied Heath Sciences, and
                                                    Natural Resources.
----------------------------------------------------------------------------------------------------------------

(2) Each University shall have the right to change its respective departments or the on-site location of its hazardous waste accumulation areas listed in Table 1 of this section upon written notice to the Regional Administrator for EPA-Region I and the appropriate state agency. Such written notice will be provided at least ten days prior to the effective date of any such changes.

Note 1: The provisions of §  262.34 are applicable to the on-site accumulation of hazardous waste 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.

Note 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, 1999]