Environmental Management Chapter 335-14-3 ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - HAZARDOUS WASTE PROGRAM ADMINISTRATIVE CODE CHAPTER 335-14-3 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE TABLE OF CONTENTS 335-14-3-.01 General 335-14-3-.02 The Manifest Requirements Applicable To Small And Large Quantity Generators 335-14-3-.03 Pre-Transport Requirements Applicable To Small And Large Quantity Generators 335-14-3-.04 Recordkeeping And Reporting Applicable To Small And Large Quantity Generators 335-14-3-.05 [Reserved] 335-14-3-.06 [Reserved] 335-14-3-.07 Farmers 335-14-3-.08 Special Requirements For Generators Of Waste Destined For Disposal At Commercial Hazardous Waste Disposal Facilities Located In The State Of Alabama 335-14-3-.09 Transboundary Movements Of Hazardous Waste For Recovery Or Disposal 335-14-3-.12 Alternative Requirements For Hazardous Waste Determination And Accumulation Of Unwanted Material For Laboratories Owned By Eligible Academic Entities 335-14-3-.13 Alternative Standards For Episodic Generation 335-14-3-.14 Preparedness, Prevention, Emergency Procedures For Large Quantity Generators Appendix I Uniform Hazardous Waste Manifest And Instructions (EPA Forms 8700 22 And 8700 22A And Their Instructions) (Repealed 4/6/19) Appendix II Request For Commercial Disposal (ADEM Form 278 01/96 And Instructions) (Repealed 3/31/15) Appendix III Generator’s Certification (Repealed 4/13/01) Supp. 3/31/21 14-3-1 Chapter 335-14-3 Environmental Management 335-14-3-.01 General. (1) Purpose, scope, and applicability. (a) 335-14-3 establishes standards for generators of hazardous waste as defined in 335-14-1-.02 and generators of other waste destined for disposal at commercial hazardous waste disposal facilities located in the State of Alabama. 1. A person who generates a hazardous waste as defined in 335-14-2 is subject to all the applicable independent requirements listed below: (i) Independent requirements of a very small quantity generator include those found in 335-14-3-.01(2)(a) through (d) and 335-14-3-.01(3); (ii) Independent requirements of a small quantity generator include those found in: (I) 335-14-3-.01(2) Hazardous waste determination and recordkeeping; (II) 335-14-3-.01(3) Generator category determination; (III) 335-14-3-.01(8) EPA identification numbers and re-notification for small quantity generators and large quantity generators; (IV) 335-14-3-.02 Manifest requirements applicable to small and large quantity generators; (V) 335-14-3-.03 Pre-transport requirements applicable to small and large quantity generators; (VI) 335-14-3-.04(1) Recordkeeping; (VII) 335-14-3-.04(5) Recordkeeping for small quantity generators; and (VIII) 335-14-3-.09 Transboundary movements of hazardous waste for recovery or disposal. (iii) Independent requirements of a large quantity generator include those found in: Supp. 3/31/21 14-3-2 Environmental Management Chapter 335-14-3 (I) 335-14-3-.01(2) Hazardous waste determination and recordkeeping; (II) 335-14-3-.01(3) Generator category determination; (III) 335-14-3-.01(8) EPA identification numbers and re-notification for small quantity generators and large quantity generators; (IV) 335-14-3-.02 Manifest requirements applicable to small and large quantity generators; (V) 335-14-3-.03 Pre-transport requirements applicable to small and large quantity generators; (VI) 335-14-3-.04 Recordkeeping and reporting applicable to small and large quantity generators, except 335-14-3-.04(5); and (VII) 335-14-3-.09 Transboundary movements of hazardous waste for recovery or disposal. 2. A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of 335-14-3 through 8, unless it is one of the following: (i) A very small quantity generator that meets the conditions for exemption in 335-14-3-.01(4); (ii) A small quantity generator that meets the conditions for exemption in 335-14-3-.01(5) and (6); or (iii) A large quantity generator that meets the conditions for exemption in 335-14-3-.01(5) and (7). 3. A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in 335-14-1-.02, or not otherwise authorized to receive the generator's hazardous waste. (b) A generator must use 335-14-3-.01(3) to determine which provisions of 335-14-3 are applicable to the generator based on the quantity of hazardous waste generated per calendar month. Supp. 3/31/21 14-3-3 Chapter 335-14-3 Environmental Management (c) [Reserved] (d) Any person who exports or imports hazardous wastes must comply with 335-14-3-.01(8) and 335-14-3-.09. (e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in 335-14-3. (f) A farmer who generates waste pesticides which are hazardous waste and who complies with all the requirements of 335-14-3-.07(1) is not required to comply with other standards in 335-14-3 or in Chapters 335-14-5, 335-14-6, 335-14-8, or 335-14-9 with respect to such pesticides. (g) [Reserved] (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 335-14-3. (i) Persons responding to an explosives or munitions emergency in accordance with 335-14-5-.01(1)(g)8.(i)(IV) or (iv) or 335-14-6-.01(1)(c)11.(i)(IV) or (iv), and 335-14-8-.01(1)(c)3. (i)(IV) or (iii) are not required to comply with the standards of 335-14-3. (j) [Reserved] (k) [Reserved] (l) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of 335-14-3-.12 are not subject to (for purposes of this paragraph, the terms “laboratory” and “eligible academic entity” shall have the meaning as defined in 335-14-1-.02): 1. The independent requirements of 335-14-3-.01(2) or 335-14-3-.01(5), for large quantity generators and small quantity generators, except as provided in 335-14-3-.12, and 2. The conditions of 335-14-3-.01(4), for very small quantity generators, except as provided in 335-14-3-.12. [Note: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable Supp. 3/31/21 14-3-4 Environmental Management Chapter 335-14-3 standards and permit requirements set forth in Chapters 335-14-5, 335-14-6, 335-14-7, 335-14-8, and 335-14-9.] (m) All reverse distributors (as defined in 335-14-1-.02) are subject to 335-14-7-.16 for the management of hazardous waste pharmaceuticals in lieu of 335-14-3. (n) Each healthcare facility (as defined 335-14-1-.02) must determine whether it is subject to 335-14-7-.16 for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A healthcare facility that generates more than 100 kg (220 pounds) of hazardous waste per calendar month, or more than 1 kg (2.2 pounds) of acute hazardous waste per calendar month, or more than 100 kg (220 pounds) per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in 335-14-2-.04(2) or 335-14-2-.04(4), is subject to 335-14-7-.16 for the management of hazardous waste pharmaceuticals in lieu of this part. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to 335-14-3-.01(4) and is not subject to 335-14-7-.16, except for 335-14-7-.16(5) and (7) and the optional provisions of 335-14-7-.16(4). (o) The generators of other waste destined for disposal at commercial hazardous waste disposal facilities located in the State of Alabama must only comply with 335-14-3-.08. (2) Hazardous waste determination and recordkeeping. A person who generates a solid waste, as defined in 335-14-2-.01(2), must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable AHWMMA regulations. A hazardous waste determination is made using the following steps: (a) The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the Supp. 3/31/21 14-3-5 Chapter 335-14-3 Environmental Management environment or other factors that may change the properties of the waste such that the classification of the waste may change. (b) A person must determine whether the solid waste is excluded from regulation under 335-14-2-.01(4). (c) If the waste is not excluded under 335-14-2-.01(4), the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under 335-14-2-.04. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a petition in accordance with 335-14-1-.03(2) to demonstrate to the Department that the waste from this particular site or operation is not a hazardous waste. (d) A person must also determine whether the waste exhibits one or more hazardous characteristics as identified in 335-14-2-.03 by following one or both of the following procedures: 1. The person must apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge may include process knowledge (e.g., information about chemical feedstocks and other inputs to the production process); knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in 335-14-2-.03, or an equivalent test method approved under 335-14-1-.03, may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined in 335-14-1-.02. 2. When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in 335-14-2-.03 or according Supp. 3/31/21 14-3-6 Environmental Management Chapter 335-14-3 to an equivalent method approved by the Department under 335-14-1-.03 and in accordance with the following: (i) Persons testing their waste must obtain a representative sample of the waste for the testing, as defined in 335-14-1-.02. (ii) Where a test method is specified in 335-14-2-.03, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste. (e) If the waste is determined to be hazardous, the generator must refer to Chapters 335-14-2, 335-14-5, 335-14-6, 335-14-7, 335-14-9, and 335-14-11 for possible exclusions or restrictions pertaining to management of his specific waste. (f) Recordkeeping for small and large quantity generators. 1. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste under 335-14-2. 2. Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generator's knowledge of the waste and support the generator's determination in accordance with 335-14-3-.01(2). 3. The records must include, but are not limited to, the following types of information: (i) The results of any tests, sampling, waste analyses, or other determinations made in accordance with this section; (ii) Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; (iii) Records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and (iv) Records which explain the knowledge basis for the generator's determination in accordance with 335-14-3-.01(2). Supp. 3/31/21 14-3-7 Chapter 335-14-3 Environmental Management The periods of record retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. 4. In addition to the records described in 335-14-3-.01(2)(f)1. through 3., a small or large quantity generator must maintain sufficient documentation to demonstrate the quantity of hazardous waste generated each calendar month. This documentation must be retained on-site for at least three years from the date the waste was generated. (g) Identifying hazardous waste numbers for small and large quantity generators. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in 335-14-2-.03 and .04. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to 335-14-3-.03(3). (3) Generator Category Determination. A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in 335-14-1-.02. (a) Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following: 1. Counting the total amount of hazardous waste generated in the calendar month; 2. Subtracting from the total any amounts of waste exempt from counting as described in 335-14-3-.01(3)(c) and (d); and 3. Determining the resulting generator category for the hazardous waste generated using Table 1of this rule. Supp. 3/31/21 14-3-8 Environmental Management Chapter 335-14-3 (b) Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following: 1. Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month; 2. Subtracting from each total any amounts of waste exempt from counting as described in 335-14-3-.01(3)(c) and (d); 3. Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1; and 4. Comparing the resulting generator categories from 335-14-3-.01(3)(b)3. and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month. Table 1 Generator Categories Based on Quantity of Waste Generated in a Calendar Month Quantity of acute Quantity of non-acute Quantity of residues from hazardous waste hazardous waste a cleanup of acute hazardous generated in a generated in a waste generated in a Generator calendar month calendar month calendar month category > 1 kg Any amount Any amount Large quantity generator. Any amount ≥ 1,000 kg Any amount Large quantity generator. Any amount Any amount > 100 kg Large quantity generator. ≤ 1 kg > 100 kg and < 1,000 kg ≤ 100 kg Small quantity generator. ≤ 1 kg ≤ 100 kg ≤ 100 kg Very small quantity generator. Supp. 3/31/21 14-3-9 Chapter 335-14-3 Environmental Management (c) When making the monthly quantity-based determinations required by 335-14-3-.01(3), the generator must include all hazardous waste that it generates, except hazardous waste that: 1. Is exempt from regulation under 335-14-2-.01(4)(c) through (f), 335-14-2-.01(6)(a)3., 335-14-2-.01(7)(a)1., or 335-14-2-.01(8); 2. Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 335-14-1-.02; 3. Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 335-14-2-.01(6(c)2.; 4. Is used oil managed under the requirements of 335-2-.01(6)(a)4. and 335-14-17; 5. Is spent lead-acid batteries managed under the requirements of 335-14-7-.07; 6. Is universal waste managed under 335-14-2-.01(9) and 335-14-11; 7. Is a hazardous waste that is an unused commercial chemical product (listed in 335-14-2-.04 or exhibiting one or more characteristics in 335-14-2-.03) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to 335-14-3-.12(14); or 8. Is managed as part of an episodic event in compliance with the conditions of 335-14-3-.13. 9. Is a hazardous waste pharmaceutical, as defined in 335-14-1-.02, that is subject to or managed in accordance with 335-14-7-.16 or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under 335-14-7-.16(6). (d) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include: Supp. 3/31/21 14-3-10