Frequent Questions

Who is subject to the responsibilities of a primary exporter: a hazardous waste generator who sends F-listed spent solvents to a recycling facility within the United States or a domestic recycling facility who decides to export the byproducts (still botto

The recycler is the primary exporter. A primary exporter is defined as any person who is required to originate the manifest for a shipment of hazardous waste in accordance with 40 CFR Part 262, Subpart B, or equivalent state provision, which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent (Section 262.51). The initial generator would have designated the domestic facility on the manifest and therefore would not meet the definition of primary exporter. However, while the initial generator does not share the responsibilities of a primary exporter, he may be subject to penalties under RCRA if he knowingly continues to send hazardous waste to a domestic facility that exports the waste without consent of the receiving country (51 FR 28664, 28671; August 8, 1986). 2. Subpart CC Waste Determination Options The air emission standards in 40 CFR Parts 264/265, Subpart CC, apply to all tanks, surface impoundments, and containers used to manage hazardous waste prior regulation, states are not required to amend their authorized programs. If the authorized state has amended its program to include the new exclusion and received authorization, then the F003 listing would not apply if the entire mixture is non-characteristic. In the May 16, 2001, rule, EPA revised 40 CFR 261.3, which included a provision adding Section 261.3(g) for wastes listed solely for exhibiting the characteristic of ignitability, corrosivity, or reactivity (66 FR 27266). Effective August 14, 2001, such wastes are no longer hazardous when they do not exhibit a characteristic. Non-characteristic listed wastes, which are listed solely for ignitability, corrosivity, or reactivity, generated prior to the effective date of the rule do not carry the applicable waste code after the effective date of the rule. Therefore, this mixture of a non-characteristic F003 waste generated after the effective date of the rule, and a non- characteristic F003 waste generated before the effective date of the rule, will not carry the F003 waste code since the resultant mixture is non-characteristic (Section 261.3(g)(2) (i)). However, if the state has not adopted and received authorization for Section 261.3(g) in its authorized program, then the mixture would continue to carry the F003 code under the state's more stringent rules.

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