4262. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

4262 STANDARDS APPLICABLE TO GENERATORS OF HAZRDOUS WASTE 4262.1 With respect to the federal compliance requirements and penalties referenced in 40 C.F.R. § 262.10(g), sections 10, 11, and 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1309 to 8-1311, are also applicable to generators of hazardous waste. 4262.2 The provisions of 40 C.F.R. § 262.14 (conditions for exemption for very small quantity generators), are subject to the following specific modifications: (a) With respect to 40 C.F.R. § 261.5 all hazardous wastes shall be subject to the notification requirements of § 3010 of RCRA; (b) The provisions of 40 C.F.R. § 262.13(f), which regulate mixtures of hazardous waste and used oil that are to be recycled as used oil under 40 C.F.R. Part 279, are excluded from the incorporation by reference. Instead, all mixtures of hazardous waste and used oil shall be regulated as hazardous waste under this subsection; and (c) In addition to the requirements of 40 C.F.R. § 261.5, beginning on March 1, 2006, and on or before March 1 of each year thereafter, each very small quantity generator shall complete and submit to the Department, on forms provided by the Department, an annual self-certification of compliance that addresses compliance with the requirements of 40 C.F.R. § 262.14, as modified by this subsection, during the preceding twelve (12) months, and, where necessary, a return-to-compliance plan. The generator shall also address: (1) Any measures taken during the previous year to reduce the volume and toxicity of hazardous waste generated; and, (2) To the extent such information is available, any changes in the volume and toxicity actually achieved during the year in comparison to previous years. 4262.3 In 40 C.F.R. § 262.11, the term “Administrator” shall mean the Administrator of the United States Environmental Protection Agency. 4262.4 In 40 C.F.R. § 262.43, the cross-references to §§ 2002(a) and 3002(6) of RCRA shall refer instead to § 6 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code § 8-1305(a). 4262.5 In addition to the requirements in 40 C.F.R. § 262.44, beginning on March 1, 2006, and on or before March 1 of each year thereafter, each generator of greater than one hundred kilograms (100 kg) but less than one thousand kilograms (1000 kg) of hazardous waste in a calendar month shall complete and submit to the Department, on forms provided by the Department, an annual self-certification of compliance with the requirements of 40 C.F.R. Part 262, as modified by this section during the preceding twelve (12) months, and, where necessary, a return-to-compliance plan. The generator shall also address: (a) Any measures taken during the previous year to reduce the volume and toxicity of hazardous waste generated; and (b) To the extent such information is available, any changes in the volume and toxicity actually achieved during the year in comparison to previous years. 4262.6 The substitution of terms specified in § 4399.1(d) and (e) of this chapter shall not apply to 40 C.F.R. Part 262, Subparts E and H. SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4262