Cal. Code Regs. Tit. 22, § 66262.41 - Biennial Report for Large Quantity Generators

(a) Only generators who are required under 40 Code of Federal Regulations section 262.41 to prepare and submit this report are subject to this section. This report is to be submitted on U.S. EPA Form 8700 13A/B provided by the Department. Generators required to submit this report for activities conducted during an odd-numbered year (reporting year) are generators who meet any of the following criteria:

(1) The site generated in any single month 1,000 kg (2,200 lbs) or more of RCRA hazardous waste; or

(2) The site generated in any single month, or accumulated at any time, 1 kg (2.2 lbs) of RCRA acute hazardous waste; or

(3) The site generated or accumulated at any time more than 100 kg (220 lbs) of spill cleanup materials contaminated with RCRA acute hazardous waste; or

(4) The site treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during an odd-numbered year.

(b) A generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste offsite to a transfer, treatment, storage or disposal facility within the United States shall complete and submit a single copy of a Biennial Report, U.S. EPA Form 8700-13A/B to the Department by March 1 of each even-numbered year. The Biennial Report shall be submitted on forms provided by the Department and shall cover generator activities during the previous calendar year and shall include the following information:

(1) the identification number, name and address of the generator;

(2) the calendar year covered by the report;

(3) the identification number, name and address for each off-site transfer, treatment, storage or disposal facility in the United States to which waste was shipped during the year;

(4) the name and Identification Number of each transporter used during the reporting year for shipments to a transfer, treatment, storage or disposal facility within the United States;

(5) a description, EPA hazardous waste number (from chapter 11, articles 3 or 4 of this division), California Hazardous Waste Category Number, from chapter 11, Appendix XII, DOT hazard class, and quantity of each hazardous waste shipped offsite to a transfer, treatment, storage or disposal facility within the United States. This information shall be listed by identification number of each such offsite facility to which waste was shipped. Wastes that are classified as non-RCRA hazardous wastes can be properly described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste, Solid" or "Non-RCRA Hazardous Waste, Liquid" for solid or liquid wastes, respectively. When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If not listed, the commonly recognized industrial name of the waste shall be used;

(6) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;

(7) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984;

(8) the certification signed by the generator or authorized representative.

(c) Any generator who treats, stores or disposes of hazardous waste onsite shall complete and submit an annual report covering those wastes in accordance with the provisions of chapters 14, 15, 16, and 20 of this division.

(d) Exports of hazardous waste to foreign countries are not required to be reported on the Biennial Report form. A separate annual report requirement is set forth in 40 Code of Federal Regulations section 262.83(g) and section 66262.83 for hazardous waste exporters.

(e) Additional information concerning the quantities and disposition of wastes identified or listed in chapter 11 shall be required as needed by the Department or U.S. EPA Administrator.

Notes

Cal. Code Regs. Tit. 22, § 66262.41

Note: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160 and 25244.4, Health and Safety Code; and 40 CFR Section 262.41.

Note: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160 and 25244.4, Health and Safety Code; and 40 CFR Section 262.41.

1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2. Editorial correction of printing error in subsection (a)(5) (Register 92, No. 49).
3. New subsections (a)-(a)(4) and subsection relettering filed 3-5-97; operative 4-4-97 (Register 97, No. 10).
4. Change without regulatory effect amending subsection (a) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).
5. Amendment filed 8-20-2018 as a change without regulatory effect pursuant to Health and Safety Code section 25159.1; operative 8-20-2018 (Register 2018, No. 34).
6. Change without regulatory effect adding new subsections (a)-(a)(4), relettering subsections and amending newly designated subsection (b) filed 12-19-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 51).
7. Amendment of section heading and section filed 5-6-2024; operative 7/1/2024 (Register 2024, No. 19).