Section 66263.10 - Applicability(a) These regulations establish standards which apply to persons transporting hazardous waste within, into, out of or through the State if the transportation requires a manifest under section 25160 of the Health and Safety Code.(1) The regulations set forth in 40 Code of Federal Regulations parts 262 and 263 establish the responsibilities of generators and transporters of hazardous waste in the handling, transportation, and management of that waste. In these regulations, U.S. EPA has expressly adopted certain regulations of the U.S. Department of Transportation (DOT) governing the transportation of hazardous materials. These regulations concern, among other things, labeling, marking, placarding, using proper containers, and reporting discharges. U.S. EPA has expressly adopted these regulations in order to satisfy its statutory obligation to promulgate regulations which are necessary to protect human health and the environment in the transportation of hazardous waste. U.S. EPA's adoption of these DOT regulations ensures consistency with the requirements of DOT and thus avoids the establishment of duplicative or conflicting requirements with respect to these matters. These U.S. EPA regulations, which apply to both interstate and intrastate transportation of hazardous waste, are enforceable by U.S. EPA.(2) DOT has revised its hazardous materials transportation regulations in order to encompass the transportation of hazardous waste and to regulate intrastate, as well as interstate, transportation of hazardous waste. Transporters of hazardous waste are cautioned that DOT's regulations are fully applicable to their activities and enforceable by DOT. These DOT regulations are codified in 49 Code of Federal Regulations, subtitle B, chapter I, subchapter C.(b) These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities.(c) A transporter of hazardous waste shall also comply with standards applicable to generators of hazardous waste under chapter 12 of this division if the transporter: (1) transports hazardous waste to a designated facility within the State from outside the United States; or(2) mixes hazardous wastes of different Federal Department of Transportation (DOT) shipping descriptions by placing them into a single container.(d) A transporter of hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal is subject to 40 Code of Federal Regulations Part 262, Subpart A and this article, and to all other relevant requirements of 40 Code of Federal Regulations Part 262, Subpart H, including, but not limited to, 40 Code of Federal Regulations sections 262.83(d) and 262.84(d) and sections 66262.83(d) and 66262.84(d) for movement documents.Cal. Code Regs. Tit. 22, § 66263.10
1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2. Change without regulatory effect adding new subsection (d) filed 8-20-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).
3. 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). Note: Authority cited: Sections 208, 25150, 25159, 25159.5 and 25160, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code, 40 CFR Section 263.10.
1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2. Change without regulatory effect adding new subsection (d) filed 8-20-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).