Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Delaware follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
Delaware follows the federal rules for defining generator status.
3. How can I tell if the waste materials I handle are considered
Delaware generally follows the federal rules for defining hazardous wastes.The rebuttable presumption for used oil does not apply to metalworking oils/fluids containing chlorinated paraffins if they are processed, through a written contractual agreement (tolling agreement). The tolling agreement must specify the type of used oil; the frequency of shipments; the Delaware waste transporter permit number; and hat the reclaimed oil will be returned to the generator Delaware has not adopted the federal exemption from the derived-from rule for waste pickle liquor sludge.Delaware has its own definition of sludge that sludge can come from a "stormwater management unit."
4. How long can I store hazardous wastes on site?
Delaware follows the federal rules for storing hazardous wastes.Delaware has stricter rules in regard to permits-by-rule, signing and certifying the permit application, and approving the applicant's proposed location of the facility. Owners and operators of permitted storage facilities must pay permit application fees and an annual assessment fee for hazardous waste that is stored at their facility. Hazardous waste storage facilities with interim status must keep a written record of their weekly container inspections for at least three years.Generators must keep a written record of their weekly container inspections for at least three years SQGs accumulating hazardous waste on-site in accordance with the accumulation time rules must maintain and keep a written record of their daily and weekly tank inspections for at least three years.SQGs must also notify the DNREC in the event of a fire, explosion, or other release.
5. Who can transport and receive the wastes I ship off site?
Delaware follows the federal rules for shipping hazardous wastes to a TSD.Only transporters who have a Delaware Waste Transporter Permit should be used to transport hazardous waste, toxic waste, and used oil in or through the state..
6. What records do I have to keep?
Delaware generally follows the federal rules for recordkeeping.CESQGs must document waste shipments sent off-site for disposal and keep on file for at least three years.LQGs must submit Hazardous Waste Annual Reports and keep on file for at least three years. TSDF' must submit Hazardous Waste Annual Reports.
7. Do I have to file reports?
Delaware follows the federal rules for reporting. LQGs must submit Biennial reports (called an annual report in Delaware) by March 1 of each year.CESQGs must document waste shipments sent off-site for disposal and keep on file for at least three years.LQGs must submit Hazardous Waste Annual Reports and keep on file for at least three years. TSDF' must submit Hazardous Waste Annual Reports.
8. What training requirements do I have to meet?
Delaware follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Delaware these differences include:
Delaware does not have any State-specific waste codes.
Delaware has not adopted the federal provision exempting SQGs from manifest requirements if the SQG has a contractual agreement with a facility that reclaims hazardous waste. SQGs must comply with all manifest requirements when shipping hazardous waste to a reclamation facility.
Generators must distribute copies of the manifest to both the disposal state and the generator state.
SQGs must prepare exception reports in the same manner as large quantity generators and submit to DNREC.
CESQGs must document off-site shipments and keep "appropriate documentation" for at least three years.
Other Notes, Comments:: None.
10. What are some other differences between federal and state
LQGs must comply with federal contingency plan requirements and one additional state rule regarding authorities to notify once the contingency plan has been implemented. LQGs and SQGs must pay an annual assessment for hazardous waste that is generated at their facility.
- Nancy Marker, Env Program Manager II, Solid and Hazardous Waste Management Branch, (302) 739-9403