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APPENDIX IV TO PART 259-RECOMMDED MEDICAL WASTE TRANSPORTER
NOTIFICATION FORM AND INSTRUCTIONS

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I certify, under penalty of criminal or civil prosecution for making or submission of false statements, representations or omissions, that I have read, understand, and will comply with the regulations at 40 CFR Part 259, issued under authority of Subtitle J of the Resource Conservation and Recovery

Act.

Signature

Title

Date

INSTRUCTIONS FOR COMPLETING THE MEDICAL WASTE TRANSPORTER NOTIFICATION FORM

General Information

Authority

This information is required by the EPA under authority of Section 11003 and 11004 of the Resource Conservation and Recovery Act.

Who Must Notify: Transporters who transport regulated medical waste that is generated in a Covered State must notify the U.S. Environmental Protection Agency for each Covered State's regulated medical waste they intend to transport. This requirement extends to transporters who do not actually transport the waste within that Covered State's boundaries but who transport the waste, generated in the Covered State, outside that Covered State's boundaries.

Transporters planning such activity may either complete a Notification Form or submit a letter containing the information required in 40 CFR 259.72(b). EPA will then issue a Medical Waste Identification Number unique to that transporter for each Covered State for which they are notifying. That number will be used to identify regulated medical waste transporters and can be used by generators to verify that the transporter has notified EPA of his intent to transport waste from their Covered State.

When to Notify: Notification must be submitted for a Covered State before the transporter may accept regulated medical waste generated in that Covered State. Transporters may, however, accept such waste once they have submitted their notification, but before receiving their identification number. Upon receipt of that number, the transporter must enter it in Box 5 of the Medical Waste Tracking Form, when that form is required. Additionally, the transporter must enter that number in Box 17 of the Tracking Form when acting as a secondary transporter, and in Box 1 when initiating a tracking form for load consolidation purposes.

Where to Send Notification: Two copies of the completed Notification Form, for each Covered State, must be sent to: Chief, Waste Characterization Branch, Environmental Protection Agency (OS-332) 401 M Street, SW., Washington, D.C. 20460.

One copy must also be sent to the Director of the waste management agency in the State for which the transporter is notifying.

Notification Form Instructions

NOTE: All information must be typed or printed clearly.

Box 1. Covered State for which you are notifying. Enter the name of the Covered State of origin of the regulated medical waste(s) you intend to collect and/or transport. Enter only one State in this space; if you intend to transport waste from more

than one Covered State you must submit a separate Notification Form for each of those States.

Box 2. Transporter Name and Mailing Address. Enter your organization's name, mailing address, the name of a contact person at that location who is knowledgeable about your operations, and include that person's telephone number.

Box 3. EPA Hazardous Waste Identification Numbers. If the facility identified in Box 2 has an EPA Hazardous Waste Identification Number, enter the EPA-assigned 12character hazardous waste identification number for the facility.

Box 4. Transporter's Facility Location(s). Enter the address, facility telephone number and any current State medical or infectious waste permit or license numbers for each transportation or transfer facility located within the Covered State identified in Box 1.

If there are more than four such facilities in that Covered State you will need to use an additional sheet(s) to provide the required facility information; attach the additional sheets to the first.

Box 5. Certification. The Certification Statement must be read and hand signed by a corporate officer or the owner/operator of the transporter company.

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Sec.

260.40 Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.

260.41 Procedures for case-by-case regulation of hazardous waste recycling activities.

APPENDIX I-OVERVIEW Of Subtitle C REGULATIONS

AUTHORITY: 42 U.S.C. 6905, 6912(a), 69216927, 6930, 6934, 6935, 6937, 6938, 6939, and 6974.

SOURCE: 45 FR 33073, May 19, 1980, unless otherwise noted.

EDITORIAL NOTE: The reporting or recordkeeping provisions included in the final rule published at 47 FR 32274, July 26, 1982, will be submitted for approval to the Office of Management and Budget (OMB), and will not become effective until OMB approval has been obtained. EPA will publish a notice of the effective date of the reporting and recordkeeping provisions of this rule after it obtains OMB approval.

Subpart A-General

§ 260.1 Purpose, scope, and applicability. (a) This part provides definitions of terms, general standards, and overview information applicable to Parts 260 through 265 and 268 of this chapter.

(b) In this part: (1) Section 260.2 sets forth the rules that EPA will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to EPA under Parts 260 through 265 and 268 of this chapter.

(2) Section 260.3 establishes rules of grammatical construction for Parts 260 through 265 and 268 of this chapter.

(3) Section 260.10 defines terms which are used in Parts 260 through 265 and 268 of this chapter.

(4) Section 260.20 establishes procedures for petitioning EPA to amend, modify, or revoke any provision of Parts 260 through 265 and 268 of this chapter and establishes procedures governing EPA's action on such petitions.

(5) Section 260.21 establishes procedures for petitioning EPA to approve

testing methods as equivalent to those prescribed in Parts 261, 264, or 265 of this chapter.

(6) Section 260.22 establishes procedures for petitioning EPA to amend Subpart D of Part 261 to exclude a waste from a particular facility.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]

§ 260.2 Availability of information; confidentiality of information.

(a) Any information provided to EPA under Parts 260 through 265 and 268 of this chapter will be made available to the public to the extent and in the manner authorized by the Freedom of Information Act, 5 U.S.C. section 552, section 3007(b) of RCRA and EPA regulations implementing the Freedom of Information Act and section 3007(b), Part 2 of this chapter, as applicable.

(b) Any person who submits information to EPA in accordance with Parts 260 through 266 and 268 of this chapter may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in § 2.203(b) of this chapter. Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in Part 2, Subpart B, of this chapter except that information required by § 262.53(a) which is submitted in notification of intent to export a hazardous waste will be provided to the Department of State and the appropriate authorities in a receiving country regardless of any claims of confidentiality. However, if no such claim accompanies the information when it is received by EPA, it may be made available to the public without further notice to the person submitting it.

[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40636, Nov. 7, 1986]

§ 260.3 Use of number and gender.

As used in Parts 260 through 265 and 268 of this chapter:

(a) Words in the masculine gender also include the feminine and neuter genders; and

(b) Words in the singular include the plural; and

(c) Words in the plural include the singular.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]

Subpart B-Definitions

§ 260.10 Definitions.

When used in Parts 260 through 265 and 268 of this chapter, the following terms have the meanings given below:

Above ground tank means a device meeting the definition of "tank" in § 260.10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Active life of a facility means the period from the initial receipt of hazardous waste at the facility until the Regional Administrator receives certification of final closure.

Active portion means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the effective date of Part 261 of this chapter and which is not a closed portion. (See also "closed portion" and "inactive portion".)

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Ancillary equipment means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

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(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit's combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler,

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