SECTION 252:205-19-29. Applicability

(a)   This part applies to facilities which receive tanks or containers from off-site for cleaning or reconditioning which are empty as described at 40 CFR 261.7 and which contain a chemical residue. Tanks or containers hold a chemical residue if such residue is visible and/or the tank or container requires cleaning to assure that it is free of residue.

(b)   Containers as described in 40 CFR 261.7 are assumed to contain a chemical residue until processed by the receiving facility to assure that such units are ready for resale.

(c)   This part does not apply to:

(1)   Facilities permitted pursuant to 40 CFR 264;

(2)   Facilities which only receive containers or tanks for filling with product or waste without on-site cleaning or reconditioning; or,

(3)   Companies, their affiliates and subsidiaries which receive back only their own containers and, as applicable:

(A)   Remove residues of unused commercial chemical product for use at their facilities;

(B)   Remove residues and manage such residues and wash wastes as hazardous or non-hazardous solid waste as determined per 40 CFR 261; or,

(C)   Treat removed residues and wash wastes in units permitted pursuant to sections 402 and 307(b) of the Clean Water Act.

[Source: Added at 16 Ok Reg 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99]