Federal and state hazardous waste regulations frequently refer to a “designated facility”. This term is especially important in understanding the regulations for the use of the uniform hazardous waste manifest at 40 CFR 262, subpart B.
Designated facility is defined at 40 CFR 260.10.
Designated facility means:
(1) A hazardous waste treatment, storage, or disposal facility which:
(i) Has received a permit (or interim status) in accordance with the requirements of parts 270 and 124 of this chapter;
(ii) Has received a permit (or interim status) from a State authorized in accordance with part 271 of this chapter; or
(iii) Is regulated under §261.6(c)(2) or subpart F of part 266 of this chapter; and
(iv) That has been designated on the manifest by the generator pursuant to §262.20.
(2) Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with §264.72(f) or §265.72(f) of this chapter.
(3) If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.
So, that means a designated facility is one of the following:
- A treatment, storage, or disposal facility (TSDF) for hazardous waste designated as such on the uniform hazardous waste manifest by the generator that is permitted by both EPA and a state with an authorized hazardous waste program. Or, a TSDF (also designated by the generator on the manifest) that recycles recyclable materials without prior storage per 40 CFR 261.6(c)(2). Or, a TSDF (also designated by the generator on the manifest) that recovers precious metals from recyclable materials per 40 CFR 266, subpart F.
- A generator of hazardous waste designated on the uniform hazardous waste manifest to receive its own hazardous waste back as a rejected shipment from a TSDF.
- A facility accepting hazardous waste in an authorized state that does not regulate that particular waste as hazardous (e.g. used oil generated in California is a hazardous waste. It is not a hazardous waste in other states). The facility must be allowed by its state to accept such waste.
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