Comment submitted by Paula Canter, Division of Materials & Waste Management, State of Ohio EPA

In the Biennial Report instruction booklet text for completion of the Generation & Management (GM) form, there is a list of "Wastes not to be Reported". It has come to Ohio EPA's attention that another bullet needs to be added to this list: precious metal generators regulated under 40 CFR 266 Subpart F do not have to file biennial reports for that waste. This is because, under 266.70(b), it says "Persons who generate, transport, or store recyclable materials that are regulated under this subpart are subject to the following requirements." The regulations then list notification, manifest, export requirements, and documentation of speculative accumulation, but do not list biennial reporting. Additionally, under 261.6, Requirements for Recyclable Materials, (a)(1) states that hazardous wastes that are recycled are subject to HW requirements for generators, transporters, and storage facilities, except for the materials listed in (a)(2) and (a)(3), which includes precious metals listed in (a)(2)(iii). 261.6(a)(2) specifically states that the "following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through N of part 266 of this chapter..." In addition to adding information to the "Wastes not to be Reported" list, US EPA may want to consider updating the introductory page titled "Who Must File the Hazardous Waste Report" and/or the Special Instructions.