| (a) Unless the executive director determines that a permit
should be required in order to protect human health and the environment, a
transporter who stores manifested shipments of hazardous waste in containers
meeting the requirements of §335.65 of this title (relating to Packaging)
at a transfer facility owned or operated by a registered transporter for a
period of ten days or less is not subject to the requirement for a permit
under §335.2 of this title (relating to Permit Required), with respect
to the storage of those wastes provided that the transporter complies with
the following sections:
(1) 40 Code of Federal Regulations (CFR) §265.14 (relating
to Security);
(2) 40 CFR §265.15 (relating to General Inspection Requirements);
(3) 40 CFR §265.16 (relating to Personnel Training);
(4) 40 CFR Part 265, Subpart C;
(5) 40 CFR Part 265, Subpart D (except §265.56(j)) and §335.113
of this title (relating to Reporting of Emergency Situations by Emergency
Coordinator); and
(6) 40 CFR Part 265, Subpart I.
(b) The executive director may require a permit for that portion
of a facility otherwise exempted from that requirement under subsection (a)
of this section, with respect to the storage of hazardous waste in containers,
if the facility's operation also includes other storage and processing of
hazardous waste which is not exempt under subsection (a) of this section.
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